Planning board grants variance and special-use permit for 287 Gibbs Ave despite accessory oven on lot line

The Newport Planning Board on Monday approved variances and a category-6 special-use permit for a two-lot subdivision at 287 Gibbs Ave, concluding the petitioners met the legal standards for relief while keeping prior conditions of approval in place.

Tanner Jackson, attorney for applicants Bethany DiNapoli and Chris DiNapoli, told the board the project splits the original parcel roughly in half, leaving the southern lot at 20,017 square feet and the northern lot as reported on the application. Jackson said an accessory brick oven and patio that appeared on the submitted plans to be 6.5 feet from the proposed property line were located in the field to be about “half a foot” from the boundary. He said no change in use was proposed. “Nothing else about this project is changing,” Jackson said.

Neil Hangerani of Narragansett Engineering said the discrepancy arose when a GIS-derived concept plan designation for the patio was carried forward into survey drawings. Hangerani said field staking and a corrected survey now reflect the actual location: “What you see is an accurate representation of reality, and we are half a foot off,” he said.

Board members discussed recent changes to the city’s lot-coverage rules in the R‑20 zone and how they affect the application. Under the new interpretation, patios less than 32 inches above grade do not count toward lot coverage. The parties said one patio is below the 32‑inch threshold and will not count, while another element measured about 32.5 inches and would count. Jackson asked the board to consider the previously circulated 21.9 percent lot‑coverage figure on the site plan so the applicants would not need to return; staff and members said the ordinance change benefits the applicant and estimated a reduced lot coverage of about 18.6 percent.

At the hearing the board walked through the required standards for variance and special-use approval, including uniqueness of the land and topography, that the hardship was not self-created, no adverse impact on the character of surrounding properties within 200 feet, no net increase in stormwater runoff, and that the relief sought was the minimum necessary. Members and counsel said the request reflected existing conditions and minimal dimensional relief.

The board voted to adopt the staff report and supporting findings and granted the petition subject to the original conditions listed in the prior approval and decision letter.

The decision does not change stormwater or utilities associated with the prior subdivision, and board members noted any recorded variance or special condition will be visible to future buyers. The board closed the public comment period without hearing members of the public. The board’s action was announced as approved by voice vote. The board did not specify an implementation timetable during the meeting; conditions of the original approval remain in effect.