Zoning board upholds HDC approval for 88 Washington Street after appeal fails

The Newport Zoning Board of Review on Sept. 16 denied an appeal of the Historic District Commission's approval of a new single‑family house at 88 Washington Street, voting 4–0 to leave the HDC decision intact.

Appellants' attorney Joshua Parks urged the board to overturn the HDC decision on three grounds: prejudicial procedural error, clear error, and lack of evidentiary support. Parks told the board the HDC's decision "does not set forth findings of fact" and that members who were not at the initial hearing later participated without demonstrating they had reviewed the prior proceedings. Parks also argued that expert testimony from the appellants' preservation witness was unrebutted and that the proposed house — which he described as roughly 3,400 square feet and nearly 10 feet taller than the neighboring trip house — was incompatible in size, scale and siting.

Jay Lynch, attorney for the property owner and applicant, told the board the HDC applied the Newport standards for new construction and cited expert testimony the commission found credible. Lynch noted the commission had discussed the relevant standards on the record and said the record contained legally competent evidence to support the HDC's conclusion.

After extended questioning and review of the transcripts, several zoning board members said their role was narrow and limited to determining whether the HDC committed prejudicial procedural error, clear error, or lacked support in the record — not to rehear the case de novo. Mr. Riley, who led a detailed review of the transcripts, said he had read the January and February hearings and did not find the procedural defects claimed by the appellants.

The board voted to deny the appellants' motion to sustain the appeal by a 4–0 margin, leaving the HDC's certificate of appropriateness in place. The chair announced a 10‑minute recess before continuing regular business.