In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, October 20, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

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

Staff Present
Jeffrey M. Willis, Executive Director
Jim Boyd, Acting Deputy Director
Danni Goulet, Marine Infrastructure Coordinator
John Longo, Esq., Legal Counsel
Laura Dwyer, Public Educ and Infor Coordinator
Ryan Moore, CRMC IT, Moderator
Brittany Spurlock, Asst Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:00 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

2. Ryan Moore, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for a motion regarding the minutes for the October 13, 2020 Semi-monthly Meeting.

Motion: Mr. Gomez
Second: Mr. Hudner

Roll Call Vote:
Vice Chair Coia Abstain
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Vice Chair Cervenka Aye

Motion carried to approve minutes of October 13, 2020 meeting.

4. SUBCOMMITTEE REPORTS:

None Heard.

5. STAFF REPORTS:

Mr. Willis reported to the Council on the following items:

• Fishermen’s Advisory Board with Ørsted/DWW South Fork moved to next Thursday, October 29, 2020.

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

2019-06-014 JAMESTOWN BOATYARD -- The project will include: extending 3 piers within the existing Marina Perimeter Limit and to dredge approximately 2,000CY. Located at plat 10, lot 18; 60 Dumpling Road, Jamestown, RI.

Chair Cervenka did a roll call of meeting participants

Present for the Applicant:
Christian Infantolino, Esq.; Morneau and Murphy
Joseph DeAngelis, Esq.; Adler Pollock & Sheehan
Steve Devoe, Jamestown Boat Yard General Manager, Safe Harbor Marine
Devin Santa, Race Coastal Engineering
Matt Rakowski, Race Coastal Engineering

Present in Opposition:
Justin Shay, Esq.; Cameron & Mittleman representing Ocean Highlands LLC and Dumplings
Dr. Susan Driscoll
Dr. Marie Helene Cormier

William Landry, Esq; Bush & Cavanagh representing Friends of Dumplings Cove

Chair Cervenka addressed meeting participants asking that the general public of Jamestown that wished to be recognized during public comment indicate in the Chat Box with their full name.

Staff Presentation:

Mr. Goulet gave a brief overview of the application explaining that the original application was considered to be a Category B application due to the marina perimeter limit modification but that throughout the review process, the application was amended significantly and ultimately was reduced to a Category A application for the improvement dredging proposed. Mr. Goulet stated that the three docks proposed to be extended would fall under the CRMC Marina Maintenance Program and would not require Council review. Mr. Goulet explained that the proposed dredging would include approximately 2000 CY of improvement dredging with CAD cell disposal of materials. Mr. Goulet stated that the application received a RIDEM Dredge permit which included a RIDEM Water Quality Certificate which included the characterization of the sediment at the marina. Mr. Goulet explained the process by which RIDEM reviews sediment testing. Mr. Goulet explained in detail the importance of the sediment testing and testing results for the dredging portion of the project as the results would help to decide where the dredged materials would be stored or used. Mr. Goulet stated that the actual dredging would be limited to the timeframe of October 15 – January 31and would be limited to mechanical methods. Mr. Goulet stated that eel grass beds would be marked on the dredging computer to insure the operator avoids the area.

Mr. Gagnon asked about the approximate length of time to complete the dredging. Mr. Goulet stated it would take approximately two weeks.

At Chair Cervenka’s request, Mr. Goulet explained that in reviewing an application for dredging, CRMC relies on the expertise of the Department of Environmental Management in regards to the determination of marine sediment.

Chair Cervenka asked for clarification on the changes the applicant made with their project over time and the reasons for the changes. Mr. Goulet stated that the applicant made the changes based on federal, state and local regulatory processes as well as local resident’s concerns.

Mr. Goulet confirmed for Chair Cervenka that if the application had been received by CRMC as it is now, it would have been reviewed as a Category A application for the dredging which required a Public Notice. Mr. Goulet stated that pending the outcome of the Public notice period and the sediment testing, it could have been approved administratively.

Mr. Infantolino addressed the Council stating that they had read the CRMC staff report and agreed with staff and all the conditions laid out within the report. Mr. Infantolino gave a brief history of the boatyard explaining that it had been in the present location for over 100 years. Mr. Infantolino completed opening remarks by stating that the application received a RIDEM Water Quality Certificate, and Army Corps of Engineers General Permit and that CRMC staff was recommending approval.

Mr. Infantolino introduced Jamestown Boatyard’s General Manager, Stephen Devoe, who was then duly sworn and identified himself for the record.

Mr. Devoe briefly addressed the Council stating that the proposed improvements were meant to increase the operational efficiency of the boat yard. Mr. Devoe explained that under the current conditions, all of the mechanical work that is done on boats is based on the tide cycle, bringing boats in and out of the boat yard based on the tide as the water depth at the working docks is not deep enough during MLW. Mr. Devoe stated that with the dredging proposed, the boat could stay at the dock through the tide cycle until the boat is fixed. Mr. Devoe explained that the boat yard did not have the intention of increasing traffic, but that the traffic should decrease, as they would not have to bring the boat back to the mooring depending on the tide cycle.

Mr. Infantolino asked to reserve the right for rebuttal throughout the hearing process.

Chair Cervenka asked how many boats could be worked under the proposed project. Mr. Devoe stated that 6 boats could be worked on throughout the tide cycle with the proposed project.

Chair Cervenka asked what the applicant wished to accomplish with the original application. Mr. Devoe stated that they would decrease the back log felt during the summer months with boats needing maintenance, as well as being able to work on more boats. Mr. Devoe stated that with the size of their facility and the crew, he does not envision working on larger boats than what they usually work on which is in the 30-50’ range.

No further questions from Council to the applicant. Again, Mr. Infantolino asked that he reserve the right to call on rebuttal witnesses throughout the process.

Mr. Shay addressed the Council stating that he represented the Dumplings Association and Ocean Highlands LLC who were both abutters of Jamestown Boatyard, aka – Safe Harbor Marine Jamestown. Mr. Shay began with a brief explanation on his client’s use of the waters in the area of the proposed project. Mr. Shay explained a property line dispute between the Boatyard and the northern property line and expressed concern that a revised plan was not submitted to CRMC showing revised property lines. Mr. Shay stated that without the settlement of the property line, the Marina Perimeter Limit is called into question. Mr. Shay also brought into question the CRMC designation of the Water Type in the area being Type 3 waters. Mr. Shay stated that the proposed project lacked a zoning board approval. Mr. Shay stated that the CRMC Marina regulations parking requirement could not be met. Mr. Shay stated that the boatyard had spilled over onto town land and that it creates an unsafe traffic condition in a narrow road. Mr. Shay brought into question that the application failed to address conflict of low intensity recreational uses which had been going on in the area for generations. Mr. Shay also stated that the application failed to address dredging in or near eelgrass beds. Mr. Shay stated that a CRMC Biologist report should have address the issues relating to subaquatic vegetation (SAV). Mr. Shay also brought into question the levels of highly toxic TBT that could be released and carried by the tides during dredging. Lastly, Mr. Shay stated that the proposed project would be jeopardize the scenic value of the area.

Mr. Infantolino commented that the application is subject to the Water Type at the time of the submittal and that the Zoning issue is not under the purview of the CRMC.

Mr Shay introduced two witnesses: Dr. Susan Driscoll and Marie-Helene Cormier.

Dr. Susan Kane Driscoll, Aquatic Toxicologist was sworn in and identified herself for the record. Dr. Driscoll gave testimony on the detrimental effects of TBT that was found in samples taken from sediment within the boatyard on subaquatic vegetation and sensitive species.

Mr. Shay stated that they will stand on Dr. Driscoll’s statements and Council can ask questions.

Mr. Gomez asked what the probability would be that the toxins could be higher than limits allowed. Dr. Driscoll stated that without having data of content it would be difficult to give probability.

Chair Cervenka asked Mr. Goulet to address the data gap that effects your findings and conclusions. Mr. Goulet stated that he would have to defer to RIDEM.

Chair Cervenka asked Mr. Shay or Dr. Driscoll if they had any interaction with RIDEM during their review for Water Quality determination. Mr. Shay stated that they did not have interaction with RIDEM. Dr. Driscoll confirmed for Mr. Shay that in her opinion, further toxicity testing should be done.

Chair Cervenka asked Dr. Driscoll if she had referred to any state standards that would have influenced her conclusion. Dr. Driscoll stated that she looked at national ambient criteria but not the sediment quality criteria for the state.

Mr. Shay introduced Marie-Helene Cormier who was duly sworn and identified herself for the record. Ms. Cormier stated that she was a Research Scientist with a strong expertise with marine geophysics. Ms. Cormier spoke about seafloor processes, siltation rates and sediment transport issues as relates to dredging in the Dumplings Cove area of Jamestown.

Council questions:

Chair Cervenka asked Ms. Cormier if when rendering her conclusion and analysis, if she referred to state standards. Ms. Cormier stated that she did not. Ms. Cormier stated she conducted a qualitative analysis.

Mr. Shay, in his closing remarks, stated that he believed the application to be deficient and that it is the burden of the applicant to provide documentation that the application is complete and that all requirements have been met. Mr. Shay asked that the Council not act on the application until all questions have been answered regarding property, safety issues, and environmental issues. Mr. Shay urged the Council to deny the application as presented.

Chair Cervenka addressed the property issue raised by Mr. Shay stating that the Council does not have jurisdiction on the determination of property ownership and that it was an issue to be raised in Superior Court. Chair Cervenka asked if there was a pending Superior Court action, to which Mr. Shay replied that there was. Mr. Longo added that the CRMC permit would not trump property rights.

Chair Cervenka explained that there were many arguments made that do not fall into CRMC authority, such as zoning compliance which is not CRMC jurisdiction. Chair Cervenka explained that the classification of water types in the area would be considered under a different petition that is not before the Council at the moment and that for the purpose of this application, the Council has to assume the type of waters from when the application was submitted.

Mr. Longo explained that the Council requires that an applicant acquire local approval prior to submitting an application and that it is beyond the scope of review for Council to review zoning issues. Mr. Longo stated that if the proposed project meets our parking requirements, it is okay.

Mr. Shay urged the council to look at safety issues that involve the local waters such as first responders being able to get to necessary emergency calls as well as safety issues on the water itself.

Mr. Goulet clarified as the request of Chair Cervenka that adverse scenic impact is in CRMC standards but not measurable and it is not a part of the Category A application review.

Mr. Shay completed his argument and thanked the Council.

Mr. Infantolino stated he would reserve his response until after objectors are heard and he would summate at end of hearing.

Mr. Landry briefly addressed the Council as representing the Friends of Dumplings Cove stating that their organization’s intent was to protect the traditional value of Dumplings Cove area. Mr. Landry spoke to the cozy community as well as their love and intimate knowledge of the island. Mr. Landry spoke of the historic, scenic and recreational aspects of the Dumplings area as well as the rock formations that give the area its character. Mr. Landry spoke to how the area had changed over the most recent years with increased water activity as well as congestion of boaters and the dangers that residents face while trying to recreate through competing interests. Mr. Landry also asked the Council to wait for property line determination to be procured before rendering a decision. Mr. Landry stated he is also in agreement with a Water Type change recognizing that this application would not be affected but asking the Council to consider that not all Type 3 waters were the same. Mr. Landry recognized that the applicant is not proposing more boats and the expansion is benign as it has been amended. Mr. Landry expressed concern that bigger boats will eventually be accepted at the boatyard as well as usual customers. Mr. Landry also expressed concern with the parking requirements not being met.

Mr. Goulet confirmed for Chair Cervenka that the application before the Council did not modify the current marina perimeter limit nor did it modify the current boat count. Mr. Goulet reiterated that parking does not come into play for this review.

No questions from Council for Mr. Landry.

Ten minute break -- Back at 8:20

Public Comment period: Chair Cervenka asked participants to speak to personal experience and knowledge of the area and what activities they partake of within that area. Try not to repeat what has been said. Chair Cervenka explained that if a continuation of this meeting was required to allow for everyone to comment, no additional commenters will be added – only those who requested to he heard at this meeting will have the opportunity to speak.

Corey Sertl, Olympian boater, addressed the Council explaining that her family had purchased property on Dumpling Drive in 1960s and that she had spent a lifetime of summers sailing, paddling, and boarding. Ms. Sertl stated that she had watched the activity level grow over the years. Ms. Sertl stated that she opposed the dredging and dock increase proposal and asked that the CRMC to deny the proposal in its entirety.

Hannah Swett addressed the Council stating that her family had resided in Jamestown for many generations in the Dumpling area and that she was an experienced sailor of watercraft both sail and motor. Ms. Swett stated that she for 5 years, she kept her motorboat at the Jamestown Boat yard and explained how complex it was to navigate in its current use. Ms. Swett stated that there was no exact channel and that boaters navigate at will. Ms. Swett spoke about safety issues due to expansion and concern that the expansion would bring in bigger boats. Ms. Swett asked the Council to deny the request to expand or dredge at the Jamestown Boat Yard, Safe Harbor Marine.

Ben Tuff addressed the Council stating that as an avid fisherman, over the past 40 years he had watched the shore of Jamestown change from a small hub to a nearly impassible harbor full of intenerate boaters. Mr. Tuff expressed concern over the congestion in the water and the difficulty faced due to competing recreational interests. Mr. Tuff asked the Council to reject the proposal in its entirety.

Dennis Dowling, professional yacht captain, addressed the Council as a business owner of a charter business and explained the changes to the Dumplings Cove area he had witnessed over the years. Mr. Dowling stated that deep draft vessels could be serviced by any other Safe Harbor Marina located in RI.

Paula Shevlin addressed the Council explaining that she and her family had lived in the Dumplings area for a very long time. Ms. Shevlin expressed concern over incidents that she had witnessed regarding congestion and safety of boaters, paddlers and swimmers. Ms. Shevlin also stated that the landside of Jamestown has also been affected by the increased activity on the water and expressed concern with traffic, noises and emergency vehicle driving incidents.

Chad George, a Jamestown resident since 2014, addressed the Council regarding his experience with keeping his boat moored at the Jamestown Boat Yard and how stressful the water commute was when boating. Mr. George also talked about the safety of swimming in the area.

Kim Westcott, resident of Racquet Road in Jamestown, addressed the Council stating how unsafe it was for her kayaking to bird watch in the area. Ms. Westcott also expressed concern with the increased landside traffic. Ms. Westcott asked the Council to help preserve the fragile habitat and prevent the misuse and overuse of the cove area.

William Hutchinson whose family has lived in the Dumplings area for 100 years addressed the Council and talked about balance of activities in the area, public access of the beach area, accelerated traffic both landside and on the water, safety issues, and dredging concerns.

Susan Plowden a resident of Jamestown for 40 years and once employee of the boatyard service manager in the mid 1980’s; addressed the Council spoke about the congestion in the cove, disturbance of a scenic and pristine area, and concerns for safety. Ms. Plowden asked the Council to deny the proposed dock expansion.

Barbie Carton whose family owned dumplings property since 1900, addressed the Council and spoke about congestion in the cove, overcrowded mooring fields, safety concerns and increased traffic on the landside. Ms. Carton asked the Council to deny the request in its entirety.

Chair Cervenka motioned, seconded by Vice Chair Coia, to continue the current proceedings to the Council’s October 27, 2020 Semimonthly Meeting and that only the people who have identified themselves at this meeting will be given the opportunity to speak.

Roll Call Vote:
Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Vice Chair Cervenka Aye

Motion to continue until October 27, 2020 carried.

9. ADJOURN

Motion: Mr. Hudner
Second: Vice Chair Coia

Motion carried on a unanimous vote.

Meeting adjourned at 9:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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