...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, July 25, 2017 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.
Jennifer Cervenka, Chair Raymond Coia
Ron Gagnon, DEM Rep Jerry Sahagian
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Anthony DeSisto, Legal Counsel
1. CALL TO ORDER
Chair Cervenka called the meeting to order at 6:00 p.m.
2. INTRODUCTION OF NEW COUNCIL MEMBERS:
3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Cervenka called for approval of the minutes from the previous meeting.
Mr. Coia motioned for the approval of the minutes from the June 27, 2017 Semimonthly meeting; seconded by Mr. Sahagian. Motion carried on unanimous voice vote.
4. SUBCOMMITTEE REPORTS
None were heard.
5. STAFF REPORTS
Mr. Fugate reported the following to the Council:
Chair Cervenka took a roll call of applicants in attendance:
Mr. Fugate explained that at the Council meeting of June 27, 2017, the Council had continued the two snow fence applications for Anthony Victoria Revocable Trust and Wheelhouse Properties LLC and they were required to meet with staff on site to work on a solution with staff. Mr. Fugate stated that a meeting was held on site with Mr. Victoria, William Landry, attorney for both parties, and CRMC staff where a compromise was offered to the applicants. Mr. Fugate stated that a second continuance was requested and granted to iron out the details of the offered compromise which would avoid the need for a special exception. Chair Cervenka asked if the items needed to be addressed at a future Council meeting. Mr. Sahagian, seconded by Mr. Hudner, motioned to have the Executive Director approve the agreed upon compromise administratively. Mr. Fugate informed the Council that there was an objection from Save The Bay on both applications. Mr. Sahagian’s motion carried on a unanimous voice vote.
5. APPLICATIONS REQUIRING A PUBLIC HEARING FOR SPECIAL EXCEPTION REQUEST AND ARE BEFORE THE COUNCIL FOR DECISION:
2017-05-053 TOWN OF EAST GREENWICH -- Construct and maintain a handicap accessible kayak launch located at Scalloptown Park in Type 1 waters of Greenwich Cove which requires a Special Exception to RICRMP Section 300.4. The launch would be installed for the summer months and removed in the winter. Located at plat 5, lot 227, Rocky Hollow Road, East Greenwich, RI.
Mr. Willis gave a brief overview of the application stating that the Town of East Greenwich was asking to be able to construct a kayak launch in Greenwich Cove, which is categorized as Type 1 waters, which would be accessible to members of the public as well as those with disabilities. Mr. Willis stated that a kayak launch is considered a recreational structure which is prohibited in Type 1 waters requiring the application to receive a special exception from the Council. Mr. Willis described the project as a 16’ x 18’ float platform that is ADA compliant, and that the platform will be anchored with concrete blocks.
Mr. Willis stated that the applicant addressed the Special Exception criteria, and added that the project provides a public benefit; the environmental impacts have been minimized by the selected location and by proposed construction methods (using anchoring system). Mr. Willis stated that the staff recommended approval of the Special Exception and of the overall project.
Mr. Fugate stated that the project was properly noticed for a public hearing.
Chair Cervenka opened the Public Hearing.
Sworn in and identified for the record were:
Ms. Bradley stated that the Town of East Greenwich would like to expand the use of a park they created when they capped their landfill (8 years ago). Ms. Bradley described the different uses of the park space such as walking and biking paths. Ms. Bradley stated after research, they realized that there were not many handicap accessible launches in the State; therefore, they would like to have one at their location. Ms. Bradley confirmed that there was plenty of parking.
Mr. Sahagian asked if the applicants had the opportunity to read the staff comments which required no grade change and no disturbance to coastal features. Ms. Bradley state that the Town agrees to staff recommendations and stipulations.
Ms. Reynolds asked for further information on the structure. Ms. Bradley stated that the floating structure would be taken out seasonally and that the anchoring blocks would remain. Mr. Duarte described the two concrete anchors as 7’ wide x 7’ long and about 4’ deep – two structures of equal dimension. Mr. Gomes stated that there was a large parking area close to the launching area and a few handicap spaces next to launch area. Mr. Duarte stated that all the work will be done in house to save substantial funding.
Mr. Duarte confirmed for Chair Cervenka that the project will not interfere with the landfill cap or with remedial systems in place for the landfill.
Chair Cervenka asked if any other area of East Greenwich was considered for this project. Ms. Bradley stated that the Town of East Greenwich has a very small space for their shoreline and that this was the best spot for the launch.
Mr. Hudner asked what the motivation for the particular project. Ms. Bradley stated that there were not many areas of the state that will provide handicap access and that this area could get people interested in the community. This project was in answer to many requests over the years to have a kayak accessible area.
Chair Cervenka asked about storage of the platform during off season. Mr. Duarte stated that the highway crew would disassemble the float and store it at the parking lot over the landfill – not far from the site. The float would be accessible from Spring to Fall.
Ms. Collie asked if the Town had asked for opinion from anyone with a disability to make sure it is accessible. Mr. Duarte stated that the Building Official was very knowledgeable in accessibility regulations. Mr. Duarte also stated that they will make sure it is accessible during low and high tides to keep credibility with ADA compliance.
Hearing no other comments, Mr. Sahagian motioned, seconded by Mr. Hudner, to close the public hearing. Motion carried.
Mr. Sahagian, stating that the project serves a compelling public service and meets the Special Exception criteria, motioned for approval of Special Exception. Mr. Hudner seconded the motion.
Chair Cervenka commented that a compelling public purpose was established and satisfies the special exception criteria.
Mr. DeSisto did a roll call vote.
Mr. Sahagian Yes
Ms. Gomes Yes
Mr. Hudner Yes
Mr. Coia Yes
Chair Cervenka Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Ms. Collie Yes
Mr. Coia motioned, seconded by Mr. Hudner, motioned for the approval of the application.
Motion carried on a unanimous voice vote.
6. APPLICATIONS REQUIRING A PUBLIC HEARING FOR SPECIAL EXCEPTION REQUEST AND ARE BEFORE THE COUNCILFOR DECISION:
2016-12-011 ANTHONY J. VICTORIA REVOCABLE TRUST -- Construct and maintain: an “as built” snow fence extending from the base of the restored dune to 46 feet seaward on the beach berm. The fence extends into the swash zone at times of higher than normal wave energy and/or astronomical tides. The fence requires a Special Exception to the Coastal Resources Management Plan Sections 210.1.D.3 Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife. Located at plat J, lot 25; 110 Sand Hill Cove Road, Narragansett.
2017-01-049 WHEELHOUSE PROPERTIES RI, LLC -- Construct and maintain an “as built” snow fence from the base of the dune to 40+/- feet seaward on the beach berm. The snow fence will extend into the swash zone at times of higher than normal wave energy and/or astronomical high tides. This requires a Special Exception under the Coastal Resources Management Plan Section 210.1.D.3. Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose is to preserve or enhance the area as a natural habitat for native plants and wildlife. Located at plat J, lot 15; 130 Sand Hill Cove, Narragansett, RI.
Continued (see above -- roll call of applicants).
Mr. Sahagian motioned, seconded by Mr. Hudner, to adjourn.
Motion carried on unanimous voice vote. Meeting adjourned at 6:46 p.m.
Lisa A. Turner