Number of Newport zoning petitions 'increased dramatically' in 2023. Could this idea help
The number of property owners seeking special use permits and variances from Newport’s Zoning Board have rapidly increased over the past year, flooding the already backlogged docket so much that the Board is considering asking for more members through legislative action to make its work easier.
“The question naturally arises whether the Zoning Board can complete its business during the twelve regular meetings called in for the Zoning Code,” Chair Samuel Goldblatt wrote in the board’s annual report to council. “Clearly it has not been possible to do so the past two years.”
The Newport Zoning Board has had a large backlog of unheard petitions for several years now, but 2023 added 147 new petitions to its docket, nearly 70% more than the number of petitions that came in during 2022, which is approximately 12 petitions per month. The Board also had 32 petitions, one from as early as 2019, at the beginning of the year.
The Board decided 152 petitions in 2023, a 38% increase from 2022, and 48 of those petitions were full hearings. Although many petitions can be decided in about 30 minutes, Goldblatt said others are contested by neighbors and require more time.
“Often the parties are represented by counsel and testimony is offered from multiple lay and expert witnesses in support and opposition,” Goldblatt wrote. “One such heading occupied nearly an entire meeting.”
Of the 152 decisions, 127 applications were approved by the Board in 2023, compared to just five that had been denied.
While Goldblatt said it is “beyond this report” to categorize the reasons behind this influx of petitions, his report speculated that the real estate market could be partially to blame for the increase in requests for lot coverage and set back variances, with new homeowners eager to add garages, pools, decks and other features to their new properties.
If this trend continues, Goldblatt’s report stated the Zoning Board may need to increase the number of meetings held to meet demand. Additionally, the report states that the council should consider adding two or more alternative members, noting that it would allow the Board to distribute the workload across a wider group of people.
While the number of meetings the Board is allowed to hold is a municipal rule set out in the city’s zoning code, Goldblatt said legislative action may be needed to change the number of alternate members on the Board, as the number of board members on a municipal zoning board is established by the Rhode Island General Laws (RI Gen Laws § 45-24-56 b). South Kingstown was able to increase the number of alternates on its Zoning Board from two to three in 2022.
Additionally, Goldblatt said an increase in the number of members may allow the Zoning Office to pilot a voluntary mediation process to help applicants and objectors resolve disputes before a hearing is conducted.
The General Assembly passed a packet of changes to the statewide zoning laws in 2023, but Goldblatt’s report stated the changes are unlikely to help the board tackle the increasing number of hearings it has to conduct. Although the Zoning Officer has newfound authority in deciding certain petitions himself, these petitions are usually the ones the Zoning Board settles quickly. The Planning Board is also now responsible for determining special use permits for large development projects, but those matters are typically heard at separate special meetings anyway, according to Goldblatt’s report.
This article originally appeared on Newport Daily News: Newport Zoning Board seeks state assistance to tackle petition backlog
