News & Features

NEWPORT – A Superior Court judge last week overturned a decision by the city's Zoning Board of Review denying the application of a Massachusetts real estate developer to convert the Eastbourne Lodge property at 80 Rhode Island Ave. into 11 luxury condominium units.

The decision, filed Jan. 17 in Newport Superior Court by Judge Stephen Nugent, found that the Zoning Board's 2008 decision to deny a special use permit requested by R.I. Core Investments, LLC was "clearly erroneous," "arbitrary," and that "substantial rights" of the applicant had been prejudiced.

Purchased in March 2006 by Boston, Mass.-based developer Core Investments for more than $4 million, the Eastbourne Lodge property occupies a prominent space in historic Kay-Catherine neighborhood. Featuring 3.8 acres of sweeping grounds and a main house which dates to the late 1800s.

Currently, the property consists of 14 separate rental apartment units spread out over the 18,000-square-foot building.

In 2006, Core obtained approvals from the Planning Board and Historic District Commission to subdivide the property and construct 12 single family homes and restore the mansion with up to 11 condominium units.

They followed up that decision with a request to the Zoning Board for a special use permit.

However, objections quickly arose, as neighbors claimed the development was not in keeping with the area. Among their concerns: lot coverage, density, and traffic, and even plans to construct a series of water retention ponds to cut down on stormwater runoff.

By May of 2007, when Core first appeared before the board, the issue had reached a fevered pitch.

Six public hearings would follow, with testimony taking place on a monthly basis between July 2007 and January of 2008.

As noted in the court's decision, Core would present testimony from seven witnesses, including five of whom were qualified as experts.

Through it all, opponents waged an intensive letter-writing campaign and neighborhood mobilization effort. By the court's estimation, the applicant succeeded in proving their case, noting that four out of the five Board members had accepted as findings of fact several key arguments explored in depth over the course of the hearing process. However, when it came time for a vote, the proposal failed by a 3-2 margin, with two of those members, including then-Chairman Peter O'Connell, appearing to contradict their accepted findings.

One of those findings concluded that the application "is harmonious with the other uses permitted in that district." That assertion was backed up by Edward Pimental, who was hired by Core as an expert witness on land use development.