In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, April 13, 2021 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Donald Gomez
Jerry Sahagian
Joy Montanaro
Ronald Gagnon, RIDEM
Michael Hudner
Trish Reynolds

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
Ryan Moore, Moderator
Lisa Turner, Office Manager, Recording Secretary
Laura Dwyer, Public Information and Education Coordinator
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:04 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 March 23, 2021 Semi-monthly Meeting. Motion approve the minutes of 03-23-2021.

Motion: Mr. Hudner
Second: Mr. Coia

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

Motion carried to approved minutes from 03-09-2021 meeting.

4. REQUESTS FOR EXTENSION BEFORE THE COUNCIL FOR 4th AND FINAL APPROVAL:

2007-04-147 ELJ INC – Assented for the creation of a five-lot commercial subdivision to include new parking areas, drainage structures and a stormwater treatment basin. Buildings to be services by municipal sewer and town water. Project located at plat 23, lot 19, Old Market Street, Warren, RI.

Mr. Willis gave a brief overview to the Council explaining that CRMC Enforcement staff had visited the site and that minor initial site work had been completed such as erosion controls, tree planting and fencing. Mr. Willis stated that CRMC regulations which approved the original Assent had not changed. Mr. Willis confirmed that CRMC staff felt that the site condition and work done to date would not require additional review by staff.

Chair Cervenka confirmed that CRMC Management Procedures section 1.5.12 gave allowance to the Council to approve a fourth and final one-year extension for good cause based on whether there were change of conditions or regulations and good faith efforts shown by the applicant for the completion of the assented project.

Mr. Willis stated that it was the recommendation of staff that the fourth and final extension be approved.

Mr. Desisto confirmed that for this particular proceeding, the applicant did not need to be present.

There were no further questions from the Council.

Mr. Sahagian motioned, seconded extension of the Assent.

There were no further questions from the Council.

Mr. Sahagian motioned, seconded extension of the Assent.

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

Motion carried and extension granted.

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2008-04-080 RIVERSIDE DRIVE REALTY, LLC – Assented for the construction of a 75 slip marina at the Quality Yachts facility located at plat 72, lot 1, 1A; 95 Riverside Drive, Tiverton, RI.

Mr. Goulet gave the Council a brief over view of the applications history stating that this request was the fourth requested extension and if approved would be the final extension granted. Mr. Goulet confirmed that work had not begun on the approved marina. Mr. Goulet stated that during the 13 years since approval of the project, the property had deteriorated with no maintenance to the facility. Mr. Goulet stated that staff recommended denial of the fourth and final extension.

Mr. Goulet confirmed for Chair Cervenka that during the 13 years since the application was originally approved, CRMC regulations had changed regarding maximum dock length and requirements for sanitary facilities; however, Mr. Goulet stated that the marina, if constructed, would meet the regulations.

Mr. Goulet stated that in the original approval several agreements with the neighboring Tiverton Yacht Club had not be executed and that the marine is within a mooring field which would require town approval.

Mr. Goulet confirmed for Chair Cervenka that there had been no demonstration of good faith efforts to construct the marina or maintain the existing facility and that there is no evidence that consents required to support the original application are still in effect.

Mr. Goulet confirmed for Mr. Gagnon that if the 4th and final extension was denied the applicant could reapply at any time.

Chair Cervenka invited the applicant to speak on behalf of the request.

David Preston, Acting General Manager for Riverside Realty addressed the Council stating that the time period since the original approval of the marina had been a trying time for the owners citing the 2008 subprime credit crisis which created a serious financial impact on ability to move forward. Mr. Preston stated that the two tenants on the property also ran into some financial issues cause by economic conditions.

Mr. Preston stated that Safe Harbor Marinas has been at the property for a year and a half and are looking seriously at acquiring the property. Mr. Preston stated that having permits available would help them move forward on the purchase and sale of the property.

Mr. Preston also stated that there was another Rhode Island based entity looking at the property to purchase to use the piers and wet slips for a combination of boats and high end floating residences.

Mr. Preston stated that they had been maintaining the property including getting a CRMC permit to repair foundations in one of the buildings as well as a permit for the maintenance of the travel life. Mr. Preston stated that there was no deterioration to the granite block bulkhead.

Chair Cervenka asked Mr. Preston about the consents remaining in place. Mr. Preston stated that he did not know it was a requirement but that there had not been any complaints from the neighbors, town or harbormaster.

Mr. Preston stated he was not given the staff report to review.

Chair Cervenka asked Mr. Preston about the stipulated agreement with the neighbor and the land transfer.

Mr. Preston stated that the land transfer did go through with the Tiverton Yacht Club to the satisfaction of both parties involved.

Mr. Preston confirmed for Chair Cervenka that if granted a short extension, he was hopeful that a purchase agreement would be forthcoming from one of the parties with the possibility of modification request for a smaller marina.

In response to Mr. Preston’s remarks, Mr. Goulet explained to the Council the challenges in reviewing a modification of an approval that was granted 13 years ago but stated staff would defer to the Council for decision.

Mr. Preston stated that if an agreement was made with Safe Harbors it was likely that there would not be a modification requested.

Mr. Sahagian inquired if staff would be opposed to a six-month extension. Mr. Goulet confirmed that the staff would not be opposed.

Mr. Sahagian stated for purposes of discussion, that a 6 or 7 month extension should be considered to help the applicant accomplish what they need to accomplish.

Chair Cervenka confirmed her agreement to a short extension with certain conditions and the option for requesting an additional 6 months if needed and if progress shown.

Mr. Sahagian suggested a Consent Agreement be enacted until October 31st of 2021.

Chair Cervenka added that the applicant be allowed to request another final 6 months if good faith efforts shown for the completion of the project.

Mr. Sahagian motioned for the approval of a six month extension to October 31, 2021 with the possibility of a second and final 6 month extension. Mr. Hudner seconded the motion.

Mr. Gomez asked for clarification on the impact to Tiverton Yacht Club. Mr. Goulet stated that the original approval stipulated a land transfer and if that transfer occurred, the yacht club would be protected.

Mr. Preston stated that Riverside Drive Realty transferred a portion of land to the Tiverton Yacht Clun that they were using for storage of boating materials and dinghies. Mr. Preston to provide documentation to the Council to confirm.

Mr. Preston confirmed for Mr. Gomez that there would be no impact to that small area for their sailing classes.

No further questions or discussion.

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

Approval -- Until 10-31-2021 to start the permitted project and then come back shortly before that point for an additional 6 months to substantially complete the project.

7. ADDITIONAL RATIFICATION OF DECISION OF 2019-06-014 – JAMESTOWN BOAT YARD

Chair Cervenka addressed the Council explaining that the Jamestown Boat Yard Decision was before them to ratify as there was a motion at the October 27, 2020 Semimonthly Meeting to have legal counsel prepare the written decision and bring it back to the Council for approval. Chair Cervenka stated that the decision was prepared and had been appealed to the Superior Court. Chair Cervenka stated that a certified record had also been supplied to the Superior Court. Chair Cervenka stated that the Decision was before the Council to ratify with the intention of memorializing the oral decision that was reached on October 27, 2020.

Chair Cervenka canvassed the Council to see if all members were in agreement that the written decision accurately reflected the oral decision that was rendered at the October 27, 2020 Semimonthly Meeting.

Vice Chair Coia asked for clarification from CRMC Legal Counsel that this matter on the Agenda was solely for the purpose of adoption and ratification the decision that emanated from the October 27, 2020 meeting in which a vote was taken and has now been appealed to Superior Court and that the Council no longer had jurisdiction on the merits of the matter.

Mr. DeSisto confirmed that the matter was before the Council for ratification of the Decision only, that a certified record for this matter had been transmitted to the Superior Court and accepted.

Vice Chair Coia stated that he had reviewed the written decision and that he is of the opinion that the decision signed by the Executive Director on 12/31/2020 adequately reflects the events that took place, the vote that took place and the comments made by staff and Council members. Vice Chair Coia confirmed that the Decision is an adequate representation of the vote and record of the October 27, 2020 Semimonthly Meeting.

Mr. Hudner agreed with the comments made by Vice Chair Coia and stated that the decision reflected what was discussed and decided upon at the October 27, 2020 Semimonthly Meeting.

Mr. Gagnon confirmed his agreement that the Decision reflected what was discussed and decided by the Council at the October 27, 2020 Semimonthly Meeting.

Chair Cervenka stated the No. 4 under Findings of Fact that included with the project description the dock extensions, which were reflected earlier in the decision, needed to be carried forward for consistency and that if the decision was ratified this evening, the dock extensions would be part of the ratification.

Chair Cervenka also stated as reflected in the decision, that she did not vote in favor of the motion to approve and that the reasons for her vote were accurately recorded.

Ms. Reynolds stated that she also did not vote in favor of the motion to approve and that her reasons are clearly cited in the Decision and that the Decision is an accurate reflection of the October 27, 2020 meeting.

Mr. Gomez stated that he felt the Decision reflected accurately with discussions and votes of the October 27, 2020 meeting.

Chair Cervenka talked about a letter from the Attorney General’s office which had some comments about what should have been reflected in the written decision and whether or not the findings of fact and conclusions should have been more specific. Chair Cervenka asked the members if there were any comments regarding this letter and whether the decision should be more specified. Chair Cervenka stated that the matter is on appeal and that many of the items flagged by the Attorney General could be addressed in the appellant setting. Mr. DeSisto did not comment as the matter is on appeal.

Chair Cervenka stated that she had read letters of comment received and matters raised by objector’s counsel and that the matters raised in those letter would be raised in their appellant briefing and oral argument.

Mr. DeSisto agrees and stated that the complaint was filed and then amended. Mr. DeSisto stated that the letters the Chair referred to did not mention that the matter was in litigation and that a certified record is already at the Superior Court.

Mr. Gagnon asked if the Attorney General’s letter should be considered by the Council to determine if a response is required or make any changes to the decision before Council ratification or continue the matter until a review of the letter can be made by legal counsel and staff.

Mr. DeSisto stated that a continuance was not necessary and that the matters that were raised should be properly addressed to the Superior Court now who has jurisdiction over the matter. Mr. DeSisto stated that the Dumplings Association who is the Plaintiff in the case and that comments and appeals are not proper at the administrative level because the record is at the Superior Court now.

Mr. DeSisto stated that he understood the ratification of the Decision being made but that the Council could not create a new record.

Mr. Hudner expressed concern with communication issues in the media and with the public and wanted to make sure it was understood that the scope of the Council’s authority on this matter tonight is extremely limited to whether the decision accurately memorialized the approval in October.

Chair Cervenka agreed but explained that at the meeting of October 27, 2020 the Council also stated that the council agreed to go through this exercise to approve the decision. Chair Cervenka also stated that it was also important to address the concerns of the Attorney General’s letter.

Mr. DeSisto, having no further comments, stated it was appropriate for a motion and a vote.

Mr. Hudner motioned, seconded by Mr. Gomez, that the Council confirm the ratification of the approval that was granted in October 2020 on this matter with the Jamestown Boat Yard.

Mr. Sahagian stated that he did not participate in the October 20th meeting of the Council in which the Jamestown Boat Yard was initially heard and that out of an abundance of caution he would abstain from this vote.

Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Mr. Gomez Aye
Mr. Hudner Aye
Mr. Sahagian Abstain
Chair Cervenka Aye for the ratification of written decision dated 12/31/2020 subject to the addition on finding 4 that this also included a three-pier extension.

8. Executive Session pursuant to RIGL § 42-46-5(a)(2) potential litigation, outside counsel.

Mr. Sahagian motioned to go into Executive Session pursuant to RIGL § 42-46-5(a)(2) litigation involving a prior outside counsel. Seconded by Mr. Hudner.

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

Council entered Executive session.

Motion to come out of Executive Session:

Motion: Mr. Hudner
Second: Mr. Gomez

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

Motion to seal the minutes from the Executive Session:

Motion: Mr. Hudner
Second: Ms. Reynolds

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

ADJOURN

Motion: Chair Cervenka
Second: Mr. Hudner
Motion carried on unanimous vote

Meeting adjourned at 7:35 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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