3. Subcommittee Reports

No Report

5. Staff Reports

Mr. Willis addressed the Council on the following matters:

• Hurricane Henri preparation before and assessment after
• Shoreline Access Commission
  • Created through House resolution
  • CRMC on Commission and report back to Council as they move forward
  • First meeting Thursday, August 26, 2021 at 2:00 p.m. in Room 35 at the State House

6. Application requesting Modification of Assent before the Council for Decision:

2007-12-048 KAREN SUE, INC. – Modification of an existing Structural Perimeter Limit (SPL) in accordance with negotiated settlement court order. Located at 54 Perrywinkle Road, South Kingstown, RI.

Applicants, Donald Roebuck and Gregory Roebuck, were identified as present and were duly sworn.

Mr. Goulet presented to the Council stating that the applicants were requesting a modification of an existing Structural Perimeter Limit (SPL) to comply with a court settlement between the applicant, the Town of South Kingstown and Perrywinkle Marine, Karen Sue, Inc.’s abutting neighbor to the south. Mr. Goulet stated that the applicant was requesting to modify three docks which is a permissible activity. Mr. Goulet stated that the Perrywinkle Marine did not have an objection to this project. Mr. Goulet stated that the SPL in the agreement and the modification to the three docks meet the requirements of the Red Book and that staff recommended approval.

Mr. Willis stated that Sean Coffey, the attorney for Mr. Mazza and Perrywinkle Marine, submitted an email on behalf of his client, dated Tuesday, August 24, 2021, stating that the Mr. Mazza was in total agreement with the court order. The email was read into the record.

Mr. DeSisto stated that the settlement as agreed upon by parties of the case and that action is necessary from the Council in order to give effect to this settlement and terminate the case.

There were no comments heard from the Roebucks.
There were no questions from the Council to the Roebucks.
There were no comments from the public.

Mr. Gagnon motioned, for approval of the settlement agreement. Seconded by Mr. Sahagian.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye

Chair Coia stated that the application had been approved unanimously. Congratulations to the applicant
Thank you to the staff and Council Attorney DeSisto

7. Applications which have been Out To Notice and are before the Council for Final Decision:

2021-03-020 PARAPORT, LLC MICHAEL PARASCANDOLA - PERRY MILL MARINA, LLC - Demolish 4 existing buildings and several outbuildings, construct a 7,686 s.f. “Regatta Center” on steel piles above the VE13 flood elevation, install a jib crane, construct a limited marina with transient slips, rebuild small building on concrete wharf and to construct grading, utility and landscaping upgrades. Pursuant to Red Book (650-RICR-20-00-1) § 1.1.7, setback variance(s) are required for the Regatta Center building (43.5’ +/- variance), for the “re- purposed shack” (37’ +/- variance) and for fill (50’ variance) proposed within the minimum 50’ setback required by Red Book § 1.1.9. Setback variances are not required for the proposed buildings if the Council determines the buildings are “water-dependent” structures pursuant to § 1.1.2(A)(169). Project Location: Perry Mill Wharf, Plat 27, lot 69, Newport, RI

Present to represent the applicant was Attorney Turner Scott.

Also present on behalf of the applicant was:

• Larry Philips
• Michael Russell of St Jean Engineering

Mr. Scott began by stating that the parties had reviewed the staff report and expressed concerns with one of the staff conditions but satisfied with the rest of the staff reports and conditions.

Mr. DeSisto disclosed for the record that Council member Patricia Reynolds was the City Planner for the City of Newport but felt that there was no conflict of interest. Mr. Scott stated he did not object to Ms. Reynolds sitting on the application and looked forward to her vote.

Mr. Goulet addressed the Council stating that there were two parts to the application – the marina and upland of the marina. Mr. Goulet gave a brief overview to the Council on the new 24-vessel limited marina used for transient vessel berthing and staging for the sailing regattas. Mr. Goulet stated that the marina would not have slips but will have docks that run alongside the perimeter of the water allowing the owner to berth various size vessels. Mr. Goulet stated that in the City of Newport’s review of the application, the City asked that an area be set aside for dinghies form the mooring field to tie up. Mr. Goulet stated that CRMC staff added a stipulation to that effect. Mr. Goulet stated that the marina perimeter limit (MPL) would be 10’ outside of the floats. CRMC staff recommended a stipulation to not allow berthing outside of the MPL. Mr. Goulet stated that the upland marina facilities, restrooms and parking, meet the requirements of the Red Book. Mr. Goulet stated that the City submitted a letter to the file stating that the marina did not need to provide a marine pump out at this location at this time; but, that the City requested the marina construct the new utilities so they could add a pump out in the future. Mr. Goulet stated that the stipulations were in the staff report and that staff recommended approval of the marina portion with stipulations.

Mr. Lucia presented to the Council in regards to the upland section of the project stating that with commercial redevelopment, a public access plan is required and that the applicant proposed public access along the seawall which would be a part of the Newport Harbor Walk between Hammetts Wharf and Forty 1 North. Mr. Lucia confirmed that through negotiations with Mike Rubin Esq, Newport Friends of the Waterfront has agreed to public access plan. Mr. Lucia stated that the design life of the project, 30 years, is consistent with most commercial projects. Mr. Lucia stated that the applicant is proposing 2 feet of fill to accommodate for sea level rise as sheen through the CHA worksheet submitted with the application.

Mr. Lucia stated that per the Stormwater Design Installation Manual the applicant was proposing best management practices such as bioretention filters. Mr. Lucia stated that RIDEM submitted a remedial approval letter requiring 2 feet of clean fill to limit exposure to the site.

Mr. Lucia explains that the application (filling) would require a variance to the 50’ setback as the Regatta Center would be 6.5 feet from the seawall which staff has no objection to due to the RIDEM requirement.

Mr. Lucia stated that staff had no objections to the Regatta Center being considered water penetrable which would remove the setback requirements.

Mr. Lucia stated that the Regatta Center would have a dockmaster office, sail storage, kayak storage, boat accessories and support sailing events.

Mr. Lucia closed by stating that there were no engineering programmatic objections to the proposed project.

Given the opportunity for further comments, Mr. Scott stated that they had no further information to provide to the Council. Mr. Scott did suggest that the Council have a separate vote on the determination that the buildings are water-dependent for the variance.

Mr. DeSisto stated that it could be a vote as a Finding of fact of that issue. Council Questions:

Mr. Lucia confirmed for Mr. Gagnon that there would be significant improvement in stormwater treatment through bioretention (aka rain gardens) to capture stormwater.

Chair Coia asked for a finding of fact that the buildings were water dependent and are not required to abide by a setback variance.

Mr. Sahagian motioned based on the staff report that the structures are water dependent and eligible for the relief requested. Mr. Gomez seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye

The motion passed unanimously.

Mr. Gagnon motioned for approval of the application with the exception of one change being reviewed on the berthing outside of the marina. Mr. DeSisto asked for a clarification of the motion to incorporate the Findings of Fact in the staff report as well as the stipulations. Mr. Gagnon agreed. The motion was seconded by Ms. Reynolds.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye

Chair Coia stated that the application with the language regarding the stipulation has been approved.

8. Executive Session pursuant to RIGL § 42-46-5(a)(2), update on pending litigation regarding Champlin’s Realty Associates v. Lemont Supreme Court remand, including discussion on potential appointment and compensation of conflict counsel.

Motion to go into Executive Session:
Motion: Mr. Gomez
Second: Ms. Montanaro

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye

Executive Session

Motion to close Executive Session:
Motion: Mr. Sahagian
Second: Ms. Reynolds

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye

Motion Seal minutes:
Motion: Mr. Sahagian
Second: Ms. Reynolds

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Chair Coia Aye