RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, October 27, 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
Mike Hudner
Don Gomez
Members Excused
Joy Montanaro
Jerry Sahagian
Staff Present
Jeffrey M. Willis, Executive Director
Jim Boyd, Acting Deputy Director
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
John Longo, Esq., Legal Counsel
Laura Dwyer, Public Educ and Infor Coordinator
Ryan Moore, CRMC IT, Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Cervenka called the meeting to order at 6:07 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 20, 2020 Semi-monthly Meeting.
Motion: Vice Chair Coia
Second: Mr. Hudner
Roll Call Vote:
Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye
Motion carried to approve minutes of October 20, 2020 meeting.
4. SUBCOMMITTEE REPORTS:
Mr. Boyd reported to the Council on the proposed amendments to:
The CRMC Planning & Procedures Subcommittee has voted to advance the rule-making process for these proposed amendments, which at a later date will include a 30-day public notice, a Council public hearing and a subsequent Council meeting for regulation adoption.
5. STAFF REPORTS:
Mr. Willis reported to the Council on the following items:
6. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION: Continuation from October 20, 2020
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 began by stating that the public comment portion would continue followed by rebuttal from the applicant.
Patricia Sheehan addressed the Council, having lived in Jamestown for 23 years enjoying kayaking in the Dumplings as well as paddle boarding on a weekly basis. Ms. Sheehan relayed the importance of safety in the area which has become more congested over the years.
Lisa Allen Lefort addressed the Council being an experienced boater and that she had been in the Dumplings area since 1960. Ms. Lefort expressed concern regarding the difficulty in maneuvering in this area due to the congestion which caused safety issues.
Chris Powell gave a brief introductory of his professional experience and stated he had lived in Jamestown for over 40 years. Mr. Powell explained the uniqueness of the areas habitat and the water type. Mr. Powell expressed concern that a CRMC biologist report was not completed for the application.
Stuart Ross, lifelong Jamestowner and recreational user of the area. Mr. Ross expressed his concern regarding the impact of project on area. Mr. Ross also expressed concern that an application may be submitted at a later date for a more extensive application. Mr. Ross is skeptical that more dock space will not bring in larger boats. Mr. Ross expressed concern about the effects of dredging.
Scott Ruhren, Sr. Director of Conservation with the Audubon Society objects to the proposed expansion. Mr. Ruhren expressed concern about the wildlife, disruption of natural coastal shorelines, and bird habitat.
Trudy Cox a Jamestown resident whose family of three generations recreated in the area, Expressed concern over the Council proceedings. Ms. Cox also expressed concern that the Council was hearing the matter with unresolved property disputes, unresolved zoning issues, and a pattern on noncompliance to zoning issues.
Andrew Potter long-time swimmer of the area, addressed the Council expressing concern over the congestion in the area and the danger to swimmers.
James Taylor, new comers to the Dumplings, asked the Council to adhere to their regulations which were created to protect property owners and the environment.
Will Laurie, representing the newest generation of Laurie Family, urged the Council to oppose the expansion on the premise of safety issues, congestion in the water area and concern for sediment build-up requiring future dredging.
Peter Converse addressed the Council stating that any expansion of JBY is unwarranted due to strain on equal utilization on uniquely diverse environment.
Victoria Corey, owner art gallery, life-long resident of dumplings expressed concern regarding the congestion on the landside area of the boat yard creating an impassable and unsafe road.
Bertram Lippincott, a 5th gen dumpling property owner, former member of Jamestown Conservation Commission, historian, and professional genealogist, spoke about the history of Dumplings area and Jamestown coast. Mr. Lippincott expressed concern about the congestion in the area.
Susannah P. Holloway, full time resident of RI, lives in Barrington and swims in Narragansett Bay at Dumplings cove; objected to the meeting process stating that the meeting was in violation of RI meeting regulations. Ms. Holloway asked to be given the decision for appeal purposes.
Anne Kuhn-Hines, current Jamestown Conservation Commission Chair, PhD in Environmental science, expressed regarding the disruption of eel grass beds during the dredging.
Alexander Wharton, grandson of the owner of the original shipyard, Wharton’s shipyard, gave a detailed history of the area. Mr. Wharton specifically talked about extreme weather conditions, sediment movement in the area requiring consistent dredging and eel grass beds.
Attorney Joseph DeAngelis, co-legal counsel with Christian Infantolino, summarized the matter. Mr. DeAngelis closed by talking about CRMC policies to preserve protect and enhance an area that is already a high intensity boating area. Mr. DeAngelis asked the Council to weigh the facts that were presented by engineers and consultants of the applicant and reviewed by CRMC engineering staff. Mr. DeAngelis talked about the frequency of larger dredging projects in Rhode Island waters and mentioned the difference in size of this smaller project. Mr. DeAngelis addressed the TBT issue stating that the levels of TBT in sediment surrounding a boatyard that had been in the same area for 117 years, were very low and that the soil sample that was tested resulted in just above the beach nourishment standards. Mr. DeAngelis asked the Council respectfully to follow the Redbook regulations.
No questions from Council members for Mr. DeAngelis.
Request from attorney shay we need to consider.
The Council to discussed Mr. Shay’s request to reopen the testimony of Dr. Driscoll based on the request received by CRMC earlier on the day of the Council meeting. Mr. Willis addressed the Council and stated that the timeframe for staff to review the large amount of information submitted was not reasonable and recommended that the Council not re-open the testimony of Dr. Driscoll on that basis. Mr. Willis confirmed for Chair Cervenka that the management procedures clearly stated that information needed to be submitted at a minimum 5 business days prior to the meeting date. Mr. DeSisto confirmed the Management Procedures regulation and agreed with statements made.
Mr. Gomez motioned to deny both testimony and/or written statement with backup materials from Dr. Driscoll based on statements of Mr. Willis and Mr. DeSisto. Chair Cervenka stated that the motion was in compliance with the management procedures and she supported the motion to deny. There were no further comments.
Roll Call Vote:
Vice Chair Coia Nay - allow brief statement
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye
Vote was 5 ayes to 1 nay – Motion carried to deny request to open testimony of Dr. Driscoll.
Chair Cervenka closed the public hearing.
Mr. DeSisto addressed the Council stating that it was appropriate to state that comments be based on personal observations of those of the public referring to case Restivo vs Lynch.
Chair Cervenka addressed the appropriateness of utilizing the Zoom platform to conduct the Council meeting based on the Governor’s current Executive Orders. Mr. DeSisto confirmed and agreed that the meeting was being done under the Governor’s Executive Order.
In regards to property ownership and boundary questions that were raised, Mr. DeSisto confirmed for Chair Cervenka that the RI Superior Court has jurisdiction on all matters of title and interest in real estate. Mr. DeSisto stated that if there is no law suit, the Council can proceed in their deliberation.
Chair Cervenka addressed the concerns raised on zoning violations stating that zoning issues are not in the purview of the CRMC.
Mr. DeSisto confirmed for the Council that it was appropriate to consider Cat B standards based on the procedural travel of the case.
At Chair Cervenka’s request, Mr. Goulet addressed the lack of a CRMC staff biologist report stating that, once the applicant reduced the dredging footprint to avoid impact to the eelgrass bed, our programmatic concerns were met and the staff biologist felt it was not necessary to file a report.
Mr. Goulet spoke to the dredging window of October 15th through January 31st, stating that any decision to allow dredging outside of this window would have to come from very compelling situations in which RIDEM would make the call. CRMC and RIDEM dictate that they shall dredge within the dredging window.
Mr. Goulet confirmed for Mr. Gagnon that the application before the Council was not an expansion but just dredging. Mr. Goulet stated there would be no change in boat count and that the docks to be expanded were within the marina perimeter limit.
Chair Cervenka began Council discussion by stating that the dock extension would allow for an additional 4 boats to the existing 6 boats that could be serviced at one time which did look like an allowance for an expansion. If the current boat count was able to be kept during a full tidal cycle, it would improve the existing operations without needing to add more boats. Chair Cervenka stated that based on public comment, existing conditions in the cove are very congested and that she viewed the expansion as exacerbating a problematic set of conditions at the cove. Chair Cervenka referred to CRMC standards regarding conflicted uses adding that the Council cannot interfere with public access nor conflict with other dependent uses. Chair Cervenka stated that an increase in boats coming in would be a significant impact such that she did not feel she could support the pier extension, however, the dredging for operational efficiency would allow for existing clients to remain through a full tidal cycle and help the boatyard with existing uses.
Mr. Gomez agreed with Chair Cervenka that the Council needed to balance uses but that the dock extension was within the existing marina perimeter limit and he can accept it as a change and still have balance.
Mr. Hudner agreed with Mr. Gomez stating that the existing marina perimeter limit is not being expanded and that this issue as to how the water can be used within the mpl was decided with the issuance of the marina perimeter limit. Mr. Hudner Mr. Hudner stated he was in favor of approving the project.
Vice Chair Coia concurred with what was said for discussion purposes and stated that he took all the testimony seriously whether hearing testimony from CRMC staff, contradictory testimony from well credentialed attendees or hearing lay testimony from objectors based on personal experience and observations and gave all the information its due weight. Vice Chair Coia stated that the Council is restrained by law and when applying all the evidence to the standard of review it supports the expansion.
Ms. Reynolds stated that the combination of both the dredging and extension of the docks would be considered an expansion as it would allow them to accommodate larger vessels allowing for additional user conflicts. Ms. Reynolds stated she could not support the project as it interferes with recreational users.
Mr. Gomez went back to Mr. DeAngelis’ remarks on Type 3 waters stating that this is the type of use prioritized in Type 3 waters and he continued to support the proposal.
Chair Cervenka referred to the Redbook Category B Requirements Section 1.3.1(f) and 1.3.1(j) – impairment of public access or conflict of water dependent uses. Chair Cervenka suggested to give the applicant what they need to operation more efficiently but not allow the dock extension which would exacerbate the conflicting conditions outside of the mpl.
Mr. Hudner expressed concern that constricting what a marina can do within their established mpl could be considered an unauthorized taking.
Mr. Gagnon suggested limiting the number of boats to 6 that could be at the docks for maintenance work which would allow for longer maintenance times but not restricting size of boat.
Mr. Willis and Mr. DeSisto confirmed for Chair Cervenka that the Council could put a limitation on the number of boats at the docks based on user groups.
Mr. Hudner stated that the boat yard had a legal right to have a marine business in that location and they should be able to run their business within the legal parameters granted. Mr. Hudner did not feel that the number of boats was material for impact.
Mr. Gomez agreed with Mr. Hudner stating that the congestion of the area was due to the increased use of the area from recreational users. Mr. Gomez stated that the parking congestion was also from the increased recreational users.
At the request of Mr. Hudner, Mr. Willis explained the significance of a marina perimeter limit stating that there is a defined area in which they can operate their marina.
Mr. Willis confirmed for Mr. Hudner that the applicant worked with staff to bring a reduced proposal before the Council.
Mr. Gagnon stated he appreciated the remarks of Council and Staff and did not feel there would be a major impact on navigation in the harbor itself considering how busy it is. Mr. Gagnon stated that he would support the dredging and expansion as applied for.
Mr. Hudner motioned that this application be approved based on all activity being done within the existing marina perimeter limit. Mr. Hudner stated that the application was extremely well presented in a technical point of view and compliance with Redbook.
Mr. Gomez seconded the motion.
Roll Call Vote:
Vice Chair Coia Aye for reasons enumerated
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Nay user interference from larger boats
Chair Cervenka Nay for reasons previously stated
Motion carried 4 to 2. Application is approved.
Mr. DeSisto asked that the Council vote to have a draft decision written delegated to Attorney DeSisto or Attorney Longo that they will present at a future meeting so that members present can vote on the written decision itself.
Chair Cervenka motioned to delegate to Attorney DeSisto or Attorney Longo to prepare written decision to put before the Council two meetings from now. Seconded by Mr. Hudner.
Roll Call Vote:
Vice Chair Coia Aye
Mr. Hudner Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Cervenka Aye
Motion carried.
9. ADJOURN
Motion: Mr. Hudner
Second: Vice Chair Coia
Motion carried on a unanimous vote.
Meeting adjourned at 8:45 p.m.
Respectfully submitted,
Lisa A. Turner
Recording Secretary
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
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