Zoning board sustains appeal, finds evidence of historic driveway at Collection at Barney

The Newport Zoning Board of Review voted unanimously July 27 to sustain an appeal from the Collection at Barney LLC, finding sufficient evidence that a cobblestone‑surfaced opening between buildings at 18 Barney Street was historically used as a driveway.

Appellants’ counsel Jay Russell Jackson presented photographic and aerial evidence and called EJ Lanney, who testified that excavation revealed a brick and cobblestone base, a curb cut and an apron that “was essentially paved with old bricks and cobblestones” and that city paving crews had left the historic gutter in place. Lanney said the refurbished apron now accommodates two vehicle spaces and that the work restored what he described as an existing, historic driveway. "There was a cobblestone gutter that had been, in existence prior," Lanney testified.

Zoning staff told the board they could find no formal engineering record of a curb cut, but acknowledged visual and aerial evidence in the record. Vice Chairman Dave Riley moved to sustain the appeal, a motion the board adopted after members said they found the witness testimony and site evidence persuasive. The board instructed counsel to prepare the written decision; Mr. Jackson agreed to draft it. The vote recorded a unanimous 5‑0 decision to sustain the appeal, overturning the zoning officer’s prior determination.

The ruling means the applicants may proceed with restoring the aproned area as a driveway subject to any permitting requirements the engineering department may impose; the board did not adopt a separate variance at this meeting. The decision resolves a longstanding dispute over whether the area functions as a historic driveway or an impermissible new curb cut requiring variances.