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Board approves variances, prelim subdivision for 18 & 20 Pond Ave with easement condition

Newport Planning Board · August 5, 2024
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Summary

The Board approved dimensional variances and preliminary subdivision for 18 & 20 Pond Ave after an applicant presentation on adding a 504 sq ft strip to 18 Pond. Approval is contingent on a recorded easement guaranteeing garage access to 20 Pond; the Board found hardship due to lot configuration and voted in favor.

The Board granted the petitioner’s request to subdivide and adjust lot lines at 18 and 20 Pond Ave, allowing the property at 18 Pond to acquire a narrow 504‑square‑foot strip that will create a usable backyard.

Applicant Humphrey Donnelly, who was sworn for testimony, told the Board he has lived at 18 Pond since 1982 and described the parcel as overgrown and unusable; "the 504 square feet that we're hoping to add" will create a backyard the house currently lacks. Donnelly said the neighbors agreed to an easement permitting reasonable garage maintenance and that the parties will record a six‑foot easement to preserve access to the garage at 20 Pond.

The Planning Board reviewed the standards for dimensional variances and special use permits, agreed that unique lot geometry created hardship that is not the result of the applicant’s actions, and concluded the changes will make the lots more conforming with the neighborhood. The Board approved the variances and granted preliminary subdivision approval with the explicit condition that an easement be recorded on public record for access and maintenance of the 20 Pond garage. The motion passed by voice vote.

Next steps: applicant must record the easement and submit final plats; staff will incorporate the easement condition into the final approval package before recording.