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Board approves 32 Bayside Avenue variances after contested hearing over upper‑deck size and views

July 27, 2026 | Newport East, Newport County, Rhode Island


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Board approves 32 Bayside Avenue variances after contested hearing over upper‑deck size and views
The Newport Zoning Board of Review on July 27 granted variances to Equity Investment Group LLC (owner Richard Burlinski) for a modest rear addition, a ground‑level deck, a pergola and a 231‑square‑foot second‑floor deck above a new addition at 32 Bayside Avenue, increasing lot coverage to roughly 33.8–36.9 percent depending on the final drawing revisions.

Applicant Richard Burlinski described functional problems on the first floor and said the changes were necessary to improve livability; he testified that the second‑floor overhang provides shade and maintenance access. "This is for us to go out in a glass of wine and maybe I'll just cigar out there," Burlinski said of the proposed deck. Immediate abutter William J. Hogan objected, saying the revised plan still "significantly exceeds the city's 100 square foot limit by 130 square feet," and warned of noise, privacy and view impacts within the U‑shaped block. Expert James Houle presented neighborhood lot‑coverage comparisons showing the requested coverage is within the local pattern once measured against nearby properties.

Board members debated the new 100‑sq‑ft legislative standard for upper‑level decks adopted by the City Council in 2025 and weighed neighbor concerns against applicant hardship from a constrained lot. A motion to grant the variances, with the usual 12‑month start/complete requirement and public‑notice fee payment, passed 4‑to‑1. The board recorded specific findings that the reduced and amended plan met the variance criteria for this neighborhood context; immediate abutters retain appeal options if they seek judicial review.

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