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Zoning board approves Wheatland Court rebuild with conditions limiting rooftop and third‑floor living
Summary
After extensive testimony and neighbor objections, the Newport Zoning Board approved Andrew and Avani McHugh’s plan for a new house at 2 Wheatland Court with a 43% lot coverage variance and stacked verandas, adding conditions that bar third‑floor living space and rooftop decks; the motion passed 3–2.
The Newport Zoning Board on Nov. 25 voted 3–2 to approve an amended application by Andrew and Avani McHugh to demolish an existing cottage at 2 Wheatland Court and build a new single‑family home with a requested lot coverage of 43 percent, above the proportionality threshold of 35.13 percent. The board attached three standard conditions (start and substantial completion within 12 months, payment of public‑notice invoices, and plan compliance) and added two specific conditions: no third‑floor living space and no rooftop decks.
Applicant attorney Matthew Landry argued the small, 2,400‑square‑foot lot and FEMA elevation requirements create a hardship that justifies the additional lot coverage and the stacked verandas. Landry said the proposal is smaller than an earlier iteration and that the new design accommodates required freeboard and off‑street parking. Real‑estate expert James Houle presented a proportionality analysis he said shows the lot coverage is consistent with neighborhood patterns.
Neighbors and counsel objected to the three stacked verandas—about 8 feet by 27.5 feet each in the plans—saying they are excessive and could be intrusive. Neighbor Louis Veil Gray told the board he was “nervous” about the scale and asked for conditions to prevent future conversion or rooftop use. Opponents’ counsel requested reimposition of prior conditions from a 2021 approval, including explicit prohibitions on rooftop decks and third‑floor living.
Vice Chairman Dave Riley moved to approve the petition with the additional conditions; the motion carried on a roll call vote with Ross Johnson, Wick Rudd and Nicole Chevre voting aye and Riley and Mark Grimes voting nay. The board’s action requires the applicants to record the decision and to begin work within 12 months or seek an extension from the zoning officer.
The board’s decision also noted technical constraints tied to FEMA rules: staff described a base flood elevation of 16 feet and explained applicants can take up to 5 feet of freeboard; the McHughs’ plan raises the building to meet freeboard requirements and uses the elevated ground to accommodate parking beneath the structure. The applicants told the board the third‑floor area is designated in the plans for mechanicals and storage and the McHughs consented to the board’s condition prohibiting conversion to living space.
