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RI Coastal Resources Management Council

...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, March 26, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Jerry Sahagian
Joy Montanaro
Trish Reynolds
Michelle Collie

Members Excused
Lisette Gomes
Mike Hudner

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Amy Silva, Sr. Environmental Scientist
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel


1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes:

  • March 12, 2019
    Motion: Mr. Sahagian
    Second: Mr. Gomez
    Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

GJF updated the Council on the following:

  • Future Wind Energy projects
  • Wind Energy application platforms
  • Ocean SAMP changes
  • RI Builders Association
  • Army Corps of Engineers Pawcatuck Project – elevation of homes
  • Habitat Restoration Project event on April 25th at 9:30 at Quonnie
  • Dredging of Woonasquatucket
  • Providence Harbor Dredge Project
  • Providence Journal event on Climate Change Issues – part of Panel – April 15
  • Introduction of Justin Skenyon, CRMC Ocean Engineer -- working on offshore wind projects

5. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2000-10-062 FAIRWINDS MARINA, LLC. -- Modification of existing Marina Perimeter Limit to accommodate property ownership changes at the site. Located at Plat: 376 Lots: 159, 161, 162; 2 Seminole Street, Warwick, RI

Mr. Goulet gave a brief overview of the project stating that the new owners of the marina were requesting to modify the marina perimeter limit to reflect current ownership and reconfigure with the MPL. Mr. Goulet stated that the plan was approved by RIDEM.

Public comment closed.

Hayley Fraser was present representing Fairwind’s Marina, LLC. Ms. Fraser was in agreement with
Mr. Goulet’s overview and stated she was available for questions.

Mr. Sahagian motioned approval with staff stipulations. Mr. Gagnon seconded the motion. Motion carried on unanimous voice vote.

2018-07-035 TIMOTHY LEMMON -- Construct a “Hybrid” shoreline protection facility consisting of a Riprap Toe protection and coir logs and plantings landward. Located at Plat: 3, Lot: 566; 1151 North Main Road, Jamestown, RI.

Continuance request received/granted on Friday, March 22, 2019.

2018-03-116 THOMAS & LORI KINNE -- Detached Garage/Boathouse, “as-built” deck, “as- built” driveway/parking area, Buffer Implementation, removal of fire pit. Located at Plat: 3 Lot: 74; 57 Lou Avenue, Charlestown, RI.

Ms. Silva gave a brief overview of the application explaining the permit history. Ms. Silva stated that initially the Kinne’s applied for the residential dwelling and the garage but due to the size of the structures, a large buffer zone was required and the Kinne’s made the decision in their initial application to omit the garage. In Ms. Silva’s original staff report she wrote that CRMC staff would not support the size of the garage.

Ms. Silva explained that the applicant reapplied to build an 840 sf detached garage six (6) feet closer to the road and that the buffer was still required and the applicant was asking for a buffer zone variance of 135%.

Ms. Silva also explained that approval was also being sought for an “as-built” and out of conformance deck and driveway.

Ms. Silva stated that the project does not conform to CRMC regulations, the applicant created their own hardship and she deferred to the Council for decision.

Ms. Silva answered Council questions explaining that the stormwater would be captured in a drywell and that staff and the applicant discussed ways to minimize the need for such a variance but that any size garage would trigger the need for a buffer zone variance due to the size of the lot.

Mr. Fugate explained that staff would need to see design with smaller structure and perhaps the structure could be moved forward to allow for more of a buffer. Ms. Silva stated that she recommended a smaller structure but Mr. Kinne wanted to keep it as it is due to the future use of the garage.

Mr. Fugate explained a concern of CRMC staff regarding application strategies that are sometimes used by applicant’s to piecemeal their projects knowing that buffer regulations will be an issue.

Ms. Silva explained that the applicant has proposed that and offsite buffer area be added to his onsite buffer zone. Ms. Silva explained that the offsite buffer was not owned by the applicant as it was on the adjacent property. Ms. Silva explained that the onsite buffer was, at the widest part, 33’ of the required 75’ making it an 85% variance.

Mr. Sahagian suggested applicant reconsider modifying the plan.

Attorney Kelly Fracassa was present for applicant as well as the applicant Tom Kinne.

Mr. Fracassa explained to the Council the Mr. Kinne wanted to use the garage to build a 25’ fishing and lobster boat which is why the structure needs to be this requested size of 28 x 30.

Mr. Kinne was sworn in and identified himself for the record.

Mr. Kinne explained his reasoning for buying the property and that he and his wife bought the property as it is 11.5 feet above MHW and that the lot was bigger than most in the neighborhood. Mr. Kinne talked about wanting to build a boat for fishing. Mr. Kinne stated that he originally removed the garage from initial plans because they needed to build the house and that there was not alternative motive. Mr. Kinne stated that making the structure smaller will not allow him to build the type of boat he wants.

Chair Cervenka addressed Mr. Kinne explaining the Council’s responsibility of upholding the regulations of the Coastal Resources Management Program.

Mr. Sahagian asked Mr. Kinne to discuss other options with his attorney and stated that if the Council rendered a decision of denial, the applicant would not be able to reapply for this garage.

Break for Mr. Kinne and Mr. Fracassa to confer.

Mr. Fracassa addressed the Council stating that after speaking with Mr. Kinne and Mr. DeSisto, they have decided to try to come up with a significantly smaller alternative to the requested garage.

Mr. Fugate suggested continuing the matter and delegating the application back to staff.

Mr. Sahagian motioned for a 90 day continuance; seconded by Vice Chair Coia.

Motion carried.

ADJOURN

Motion to Adjourn:
Motion: Mr. Sahagian
Second: Vice Chair Coia
Motion carried on unanimous voice vote.

Meeting adjourned at: 6:45 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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