Zoning board sides with developer, rules restored driveway at 18 Barney Street pre‑existed zoning requirement

The Newport Zoning Board of Review unanimously sustained an appeal from The Collection at Barney LLC on July 27, reversing a zoning officer decision that required dimensional variances for two reconstructed driveways at 18 Barney Street and adjacent 3–4 Barney Court. The board said testimony and physical evidence presented by the appellant showed the space historically functioned as a driveway and could be restored without the variances the zoning officer had required.

Attorney J. Russell Jackson told the board his clients had found physical clues during renovation that supported their view the gap between buildings was originally used for vehicle access. Developer witness EJ Lanney testified crews uncovered an old cobblestone apron and paving that, in his view, demonstrated a historic driveway. "It is essentially a driveway of cobblestones," Lanney said while describing the surface they found and restored. Staff acknowledged no engineering permit record for an historic curb cut; the board weighed the physical and aerial evidence presented by the appellant against the absence of permitting records.

Members praised Lanney’s testimony and noted photographs and an aerial image that showed a vehicle in the space in earlier years. Board member Bart Grimes said he found the testimony and evidence "very believable" and voted to sustain the appeal. Chair Wick Rudd and other members agreed, and the board’s vote to sustain the appeal was unanimous. The motion (moved by Vice Chair Dave Riley) instructed that the zoning officer’s determination be overturned; the board recorded that the appeal was sustained and the petitioners may proceed without the previously required dimensional variances.

Next steps: The board asked counsel to draft the written decision for filing.