In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, April 28, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

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

Members Excused
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
Amy Silva, Sr. Environmental Scientist
Anthony DeSisto, CRMC Legal Counsel
Caitlin Chaffee, Coastal Policy Analyst, Meeting Moderator
Laura Dwyer, Public Education and Information Coordinator
Lisa Turner, Office Manager, Recording Secretary
Rebecca J. Forte Court Reporters, Stenographer

1. CALL TO ORDER

Chair Cervenka called the virtual Zoom meeting to order at 6:00 p.m. and identified the participants of the meeting, Council Members, Staff Members and Applicants. Chair stated the meeting will be recorded.

2. Caitlin Chaffee, Meeting Moderator, briefed participants on the meeting housekeeping items.

Chair Cervenka called for approval of minutes for the April 14, 2020 meeting:

Motion: Mr. Hudner
Second: Mr. Gomez
Voice vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Ms. Montanaro Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion carried to approve minutes of April 14, 2020 meeting.

4. SUBCOMMITTEE REPORTS:

No reports.

5. STAFF REPORTS:

Mr. Fugate reported to the Council the following:

CRMC’s Aquaculture Coordinator, David Beutel, will be retiring effective June 30th, 2020 but will be gone from beginning of June. The Aquaculture Coordinator position has been advertised and interviews are being conducted done now, with a decision being made and sent to the Department of Administration for approval by the end of the week. Mr. Willis explained the interview process utilizing the Zoom Meeting Platform.

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

2019-10-016 CHRISTOPHER MORGAN -- Construct and maintain a residential Boating Facility consisting of a staircase to a fixed pier, ramp and float extending to 50’ beyond Mean Low Water. A Variance to 650-RICR-20-00-1.3.1(D)(11)(k) to be within 25’ of the Property Line extension. Located at plat 15, lot 28; 188 Cliff Avenue, Portsmouth, RI.

The applicant, Christopher Morgan, was present as well as Ron Blanchard, consultant to the applicant. Meeting participant, Rosanne Wise, was present in opposition of the application.

CRMC Staff Environmental Scientist, Amy Silva, gave a brief overview of the application stating that the application was before the full Council due to the applicant requesting a 21.75’ side-line setback variance required as the float of the facility is proposed to be constructed within the 25’ property line extension of the northern abutting property. Ms. Silva stated that the Portsmouth Harbor Commission submitted a comment/objection regarding the proposed facility’s proximity to an existing mooring field. Ms. Silva stated that the applicant’s consultant met with the Harbor Commissioner and a subsequent letter of rescinding the original objection was received as the facility would not be within 50’ of the mooring field.

Ms. Silva also explained that the application included an “as built” patio with landscaping as well as the removal of an existing stairway access.

Ms. Silva stated that the facility had been sited to maximize the distance to the tie-off piles of the facility to the south, which appear to be within the property line extension of the applicant’s property. CRMC will further investigate the southern property owners’ conformance with their residential boating facility assent.

Ms. Silva stated that CRMC Staff did not object to the Council’s approval of this variance request and offered stipulations regarding the removal of the existing stairway access and notification to CRMC of such removal.

Chair Cervenka asked Ms. Silva if the nonconformance of the southern site dock contributed to the narrowness of the property to the north. Ms. Silva explained that in this particular area, the property line extensions get narrower the further out you go.
Chair Cervenka asked Ms. Silva if, during review of the application, was it determined that the applicant had met the variance criteria. Ms. Silva stated that staff was in agreement with the responses to the variance criteria but would defer to the Council on the hardship decision. Chair asked if it was an accurate statement to say that they would not be able to build the dock if they had to adhere to the sideline setback. Mr. Fugate stated that it is unlikely that a dock in this area could be built without requiring a setback variance.

Mr. Hudner asked if approving this facility would the Council be creating a hardship for the northern lot if they ever wanted to construct a dock. Ms. Silva stated that the northern property owner would find themselves in a similar situation, needing a sideline setback variance and surmised that because the property further to the north was open space, they may be able to propose a facility closer to the northern property line extension. Ms. Silva stated that if a reasonable dock application was submitted from the northern abutting property owner, the staff would possibly be supportive depending on the application. Mr. Fugate stated that the proposal would have to be a standard dock facility as there is no potential for a dock beyond the bounds of what we typically see in this area.

Ms. Reynolds asked if the property owner to the south had received sideline setbacks. Ms. Silva stated that the southern property dock was approved in 1996 and explained that there was a possibility that the dock was not built in conformance with the approved plan set as the tie-off piles land in Mr. Morgan’s property line extension. Ms. Silva stated that CRMC staff may need to follow up on that and ask them to apply for a modification to their facility.

Ms. Silva confirmed for Chair Cervenka that she will stipulate the removal of the unapproved pre-existing stairway prior to construction of the dock. Ms. Silva stated that she had discussed the stipulation with Mr. Blanchard and that the stipulation was cited in a letter that was sent to the applicant.

There were no further questions for Ms. Silva from the Council.

The applicant, Christopher Morgan and Ron Blanchard, PE, consultant were both sworn in. Mr. Morgan deferred to his consultant to present.

Mr. Blanchard stated that they had read and agreed with the contents of the CRMC staff report and stipulations, and that he was available to the Council to answer any questions. Mr. Blanchard stated that the removal of the stairway was noted on the most recent set of plans.

There were no questions of the applicant from the Council.

Chair asked Ms. Wise if she wanted to speak. Ms. Wise was having audio difficulties and it was decided that Ms. Wise would speak through the Moderator and confirm via video.
Ms. Chaffee, Meeting Moderator relayed to the Council that Ms. Wise was attending as representative of the current owner of the northern abutting property who could not be present. Ms. Wise relayed that their main concern was that the dock would extend onto her property extension lines. Mr. Fugate asked if a land survey was done for the application being reviewed. Ms. Silva stated that there had been and that the dock was 20’ away from the property line which is indicated by boulders. Ms. Silva believed that the proposed dock would not interfere with the northern abutting property.

Chair Cervenka asked about previous communication between applicant and abutter. Ms. Wise relayed through Ms. Chaffee that the northern abutter property owner had been in an accident and was not available to respond to communication. Chair Cervenka asked if Ms. Wise understood that Ms. Silva addressed their concern that the dock would not come onto their property. Ms. Wise stated that she did understand but that she had another concern regarding the number of boats on the dock and being added to the area. Ms. Silva addressed this concern by stating that the area is Type 3 waters which equates to High Intensity use and that residential boating facilities are inferred to be included in this water type. Ms. Silva stated that the number of boats on a residential boating facility is limited to 4 boats at any given time.

Ms. Wise asked through Ms. Chaffee if the dock would be on their property line and would it be visible from their house? Ms. Silva responded by saying that the facility will not touch the property line extension but that the float will be the closest, at 3’, to the property line extension.

Mr. DeSisto confirmed that Ms. Wise affirmatively nodded that the statements made on her behalf were accurate and that it should be part of the record. Ms. Wise understood.
Mr. Morgan confirmed that his dock would be at the edge of Pirates Cove mooring field, and that hundreds of boats were visible as they boated in and out of the area during the summer season. Mr. Morgan also confirmed that he owned a 12.5’ inflatable boat and that he would not have four boats at the dock.

Mr. Blanchard stated that he met with Ms. Wise the previous summer and had explained the project to her and had left a copy of the plan with her. Mr. Blanchard stated that he explained the dock would not obstruct her view. Mr. Blanchard expressed a concern that Ms. Wise was able to represent another party and that she was not an attorney.
Mr. DeSisto stated that Ms. Wise was not making legal arguments, that she was only interposing an objection for her ex-husband because he cannot make it himself. Was not sworn in and relayed those comments.

Chair Cervenka stated that although Ms. Wise had not specifically commented on the variance criteria, through the Council’s comment process, we have been able to address some of her concerns.

Through Ms. Chaffee Ms. Wise again stated that she did not receive a copy of the plans from Mr. Blanchard. Chair Cervenka stated that CRMC staff would send Ms. Wise a copy of the Agenda Material so that she can better understand the project.

Mr. Sahagian motioned, seconded by Mr. Gagnon, to approve the application based on the staff report and the applicant’s testimony to the hardship on the sideline setback variance.

There was no further discussion from the Council.

Roll call vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Ms. Montanaro Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion Carried. CRMC Staff to send Agenda Information packet to Ms. Wise for her review.

7. SUCCESSION PLANNING

Discussion and action on approval of an Acting Executive Director Memorandum of Understanding (MOU) with Jeffrey Willis:

Chair Cervenka called on Mr. DeSisto to give an overview of the written Memorandum of
Understanding between the Council and Mr. Willis.

Mr. DeSisto stated that he had prepared a basic MOU for Council to approve which stated that Mr. Willis will take over the Acting Director position but keep his Deputy Director duties as well to ensure him being able to return to Deputy Director position if necessary.

Mr. Willis confirmed for Chair Cervenka and the Council that he had reviewed the MOU and was in full agreement with it. Mr. Willis expressed his appreciation to Mr. DeSisto and the Council for the protections of the MOU.

Chair Cervenka stated that she had reviewed the MOU and agreed that it cites the relevant statutory authorities for the Council to engage in this and the personnel rules that would allow for this.

Vice Chair Coia motioned to accept and adopt the MOU and authorized Chair Cervenka to execute it on behalf of the Council. Mr. Gomez seconded the motion.

Roll call vote:

Vice Chair Coia Aye
Mr. Hudner Aye
Ms. Montanaro Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Sahagian Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Chair Cervenka stated that the through coordination that with Mr. DeSisto and Mr. Willis.

8. ADJOURN

Motion to Adjourn:
Motion: Mr. Hudner
Second: Mr. Gomez
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:25 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX