In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, May 12, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

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

Members Excused
Jennifer Cervenka, Chair
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
David Reis, Spv Environmental Scientist
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

Vice Chair Coia 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.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Vice Chair Coia called for approval of minutes for the April 28, 2020 meeting:

• Motion: Mr. Hudner
• Second: Mr. Gomez

Roll Call vote:

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

Motion carried to approve minutes of April 28, 2020 meeting.

4. SUBCOMMITTEE REPORTS:

No reports.

5. STAFF REPORTS:

Mr. Fugate reported to the Council the following:

• New Hire: Aquaculture Coordinator, Ben Goetsch, Training/shadowing with Dave Beutel for the next two weeks.

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

2019-10-049 PETER BRENNAN – Construct and maintain a residential boating facility consisting of a 4’x59’ fixed pier to a ramp and 18’x4’ float, extending 75 feet beyond Mean Low Water (MLW). Facility requests Variances to 650RICR 200-00-01.3.1(D)(11)(k) 25 foot property line setback for both property lines, and 1.3.1(D)(11)(l) 50 foot beyond MLW Standard. Located at plat 9, lot 8; 28 Cliff Avenue; Portsmouth, RI.

• The property is located at the west side of the Tiverton basin.
• It is a narrow property which becomes narrower as you go into the water.
• The applicant is requesting a 25’ length variance to reach the same distance as the other docks in the area. Without the variance, the dock at 50’ would have 4.5’ of water depth but being shorter than other docks in the area has the potential for navigational issues.
• Staff does not object to the length variance.
• The northern property owner submitted a letter of no objection to the project
• The southern property Trust owner submitted an objection as the facility will be 6.5’ away from the property line at the tie off piles
• The applicant provided a response to the objection received.
• As proposed the facility, which sits dead center between the property lines, will be 22 feet away from the property line at the fixed pier and 6.5’ away from the property line at tie off piles.
• There is a small area of spartina just offshore which appears to be impacted from the dragging of boats getting into the water which would stop if the facility is approved and built. There is no SAV on this property.
• The facility is designed to 4’ high over wetland vegetation.
• The objector mentioned the lack of hardship as the owner was aware of the narrowness of the property prior to purchasing.
• CRMC staff agrees that the applicant has met the length variance criteria.

Matthew Leys, Attorney for the applicant addressed the Council:

• The application requests a variance to both the length of the facility and the sideline setback.
• The facility will be located in Type 3 waters which allows high intensity boating and recreational boating facilities are permitted and common throughout this area.
• If the applicant was unable to get relief from the setback and length requirements through a variance approval, that would constitute an undue hardship of an encouraged use in these waters.
• The hardship is driven by the size and shape of the lot. The fixed pier is centered on the lot as much as possible.
• The tie-off piles are closer to southerly boundary line and are very commonly used for safety.
• The variance requests have been minimized to the greatest degree possible.
• The length won’t go further than neighbors dock.
• The applicant’s boat is 28’ long, not oversized for the area and it draws 3.5’ of water.
• The water depth at 75’ beyond MLW is 7’.
• With the construction of the dock there will be an improvement on any grass in the area as there will not be the dragging of boats to and from the shore.

Mr. Brennan is available to testify as well as Tom Principe, Engineer.

Mr. Leys stated that they rest on information from the staff report and the applicant’s filings and asked to reserve the right to rebuttal depending on the objector’s comments.

Vice Chair Coia asked if there were questions from Council. No questions heard.

Vice Chair Coia asked if there were anyone who wanted to speak in favor of the application. None was heard.

Comments of objection from the Southern property owners Cheryl Shirley and Katherine Stillman: Both identified themselves for the record.

Katheryn Stillman comments:

• Did not believe that the ownership of the dock on waterfront property is a privilege; nor does the inability to build a dock fall into the category of undue hardship.
• Regulation of 25’ from riparian line needs to be upheld.
• Property value is based on water depth in front of the property and whether or not a dock would be permittable. The property owner should have researched prior to buying the property.
• The Council would be forcing them to accept a 19-foot variance as the proposed facility will be 6.5’ from their property line and the northern property line would only be giving up 2.5’
• The docks in the area were built have been there for years and built prior to the current regulations.

Cheryl Shirley comments:

• Clarification on ownership – Joyce Kershaw is their Mother and they all own the property in trust.
• Questioned the use of the word encouraged when discussing recreational boating in the area.
• Objected to the generalization that many of the neighbors have docks and that they are all similar lengths.
• Objected to Tom Principe’s statement that “due to the existing topography of this site, the regulation would leave no buildable area for the recreational dock.” The description of the property was well known to the applicant prior to purchasing the property so there is no undue hardship.
• It is difficult for them to navigate their boat at the point in time and Mr. Brennan’s boat is on a mooring especially during a certain tide.
• Asked from Ms. Silva how far beyond their dock would the Brennan dock extend.
• Asked for further information on the damage to the vegetation.
• Asked for measurements on either side of the dock.
• Asked to be able to rebut after the applicant’s representative spoke and questions were answered.

Mr. Sahagian asked if an objector has the right to rebut. Legal Counsel DeSisto stated that the objector does not have the right to rebut.

Vice Chair Coia asked Ms. Silva to answer to the question of the length. Ms. Silva stated that as the documentation is digital it is not scalable.

Vice Chair Coia asked Attorney Leys if they could answer the questions.

Attorney Leys’ rebuttal:

• Referred to Mr. Principe on the measurements.
• The applicant, when purchasing the property, saw many docks in the area and researched the standards.
• The proposed facility would extend out no further than neighboring facilities.
• The Tie-off piles are 38-39’ from the abutting tie-off piles with plenty of room for navigation.
• The applicant tried to center the fixed pier as much as possible on the lot but would need a variance on either side. The neighbor does not own the setback area.
• With regard to CRMC regulation that encourage recreational boating, CRMC Redbook section 1.2.1D(4)(B) was quoted; as well as 1.2.1D(1).
• Regarding the hardship, in a land use situation, if a property owner is denied reasonable permitted use of property, especially when others in the area are able to have it, it is generally seen as an undue hardship.

Mr. Principe answered the measurement question stating that the facility is 6’ 6” beyond the dock to the south.

Ms. Silva answered to further questions of the objector:

• The damage to the existing vegetation can be seen in the photos that are part of the agenda package. The picture showed a split in the spartina bed at the base of the stairs from dragging something into the water.
• The dead center measurement are 22.5’ and 22.6’ from the property line extensions.

No further comments from Attorney Leys.

Vice Chair Coia closed the public comment period. Roll call vote on the motion and second to close the public hearing.

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

Motion made and seconded to close public hearing. Roll call vote:

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

Vice Chair Coia stated that all the evidence was before them and asked for a motion.

Motion to approve: Mr. Hudner
Second: Mr. Gomez

Mr. Sahagian stated for the record:

Due to the size of the lot the sideline setbacks could not be achieved without the relief of a variance.

Information in the agenda package shows many docks in the area

The property is established to be in Type 3 waters where marinas are priority use

Based on this evidence I will support the motion.

Vice Chair Coia stated that a motion was made and seconded for the approval of the application with standard stipulations.

Roll call vote:

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

Motion carried.

7. APPLICATIONS REQUESTING SPECIAL EXCEPTION AND BEFORE THE FULL COUNCIL FOR DECISION

2019-12-063 CITY OF PROVIDENCE -- Install a new kayak/small craft launching ramp along Gulf Road (near River Road) in Providence, RI. Also install a decorative metal bench and trash receptacle on concrete pads and install a sign on a 4” x 4” timber post. Replant salt marsh vegetation disturbed by ramp construction. Pursuant to the Red Book (650-RICR- 20-00-1), the project requires a Special Exception (ref. §1.1.8) to install a launching ramp in Type 1 waters (ref. §1.1.5(A)) and to alter a salt marsh bordering Type 1 waters (ref. §§1.2.2(C)(1)(c) and 1.3.1(L)(3)(a)). Located on Gulf Road, Providence, RI.

Mr. Reis gave a brief overview of the application for the Council:

• The project is to construct a kayak ramp bordering Type 1 waters.
• The salt marsh is a fringe marsh which is very narrow along the shoreline and growing out of cracks and crevices in manmade shoreline of granite blocks.
• The Kayak ramp is being proposed by City of Providence to allow people carry small craft, primarily kayaks, to and from the shore and to launch in an area that’s been put aside for public access.
• Requires a Special Exception but staff believes it is consistent with Council policies of Type 1 waters and public access and staff concludes it is suitable for this site.
• The project meets the special exception criteria and Category B criteria
• Staff recommends that the special exception be granted and the application be
  approved.
• Special Exception criteria was explained.
• Provides compelling public purpose
• Designed to minimize environmental impact
• Salt marsh growing from manmade shoreline which will be replaced by planting
  marsh harvested from the area with the help of Save The Bay.
• There is no other area and this area was set aside by the City for public access by the creation of a park like area.
• Staff recommended approval.

There were no questions of Mr. Reis.

Representing the City of Providence were:
David Everett, City of Providence, Principal Planner

Mr. Everett presented to the Council

• This application is part of the process to make the area of the Seekonk River a park-like place after decades of neglect.
• The project is for nonmotorized vessels and will be as low impact as possible.
• The area is the location that was deemed to have the lowest impact and public access is greatly desire by people that use this area. It will be a citywide resources. No questions of Mr. Everett by the Council.

Public Hearing opened for comments.

With no one present to comment, Mr. Hudner motioned, seconded by Mr. Gomez to close the Public Hearing.

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

A motion to approve the Special Exception as it meets the requirements was made by Mr. Hudner with a second from Mr. Gomez and Mr. Sahagian. Mr. Sahagian stated that the most important criteria is that it serves a compelling public purpose and that the project definitely does.

Roll Call vote:

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

Special exception approved

Motion to approve application by Mr. Hudner with a second from Mr. Gagnon.

Roll Call vote:

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

Motion to approved.

Vice Chair Coia thanked participants, Moderator-Ms. Chaffee, Staff and Council members

8. ADJOURN

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

Meeting adjourned at: 7:05 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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