In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, March 22, 2022 at 6:00 p.m. utilizing the Zoom Platform and Council members participating remotely.

Members Present
Raymond Coia, Chair
Donald Gomez
Ronald Gagnon, RIDEM
Trish Reynolds
Joy Montanaro
Lindsay McGovern
Jerry Sahagian

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Tracy Silvia, Principal Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Council
Laura Dwyer, Public Information and Education Coordinator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:03 p.m. and identified the participants of the meeting, Council Members. The record will show staff present. The Chair stated that the meeting would be recorded. Mr. Moore briefed the participants regarding Zoom protocols.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the Tuesday, March 8, 2022 Semi-monthly Meeting.

Motion: Mr. Gomez
Second: Ms. Reynolds

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Motion carried on a unanimous voice vote to approve the minutes from March 8, 2022 meeting.

3. Subcommittee Reports

Portsmouth ROW Public Hearing to be held next week.

4. Staff Reports

Mr. Willis updated the Council on:

• RIMTA – Staff attended a relationship building workshop with marina owners and managers to go through CRMC regulation and procedures. The workshop was well attended.
• RISAA – Annual RI Salter Water Angler’s Association fishing show was held and through organization by Laura Dwyer CRMC manned a booth all weekend. The Show was very well attended as well as participation at the booth.

5. APPLICATIONS REQUIRING PUBLIC HEARING FOR SPECIAL EXCEPTION AND BEFORE THE COUNCIL FOR FINAL DECISION:

2021-08-107 TOWN OF NEW SHOREHAM -- The project will rehabilitate and expand the existing US Coast Guard dock. The work consists of widening the pier from 6-ft to 12-ft wide to accommodate emergency vehicles. The overall pier length remain the same. The project will also reconfigure the existing floating dock from 10-ft wide and 35-ft long to 8-ft wide and 40-ft long. The project also contains a new floating dock to accommodate the new Coast Guard response boat. This new pier will be located 12-ft landward of the pier terminus and will be 6-ft wide and 60-ft long. This work is proposed in Type 2 waters and will require a special exception to the prohibition of commercial docks in tidal waters Redbook Section 1.3.1(C)3. Located at plat 20, lot 12; 121 Champlin Road, New Shoreham, RI in the Great Salt Pond (Entrance Channel).

Mr. Goulet gave a brief overview of the application to the Council explaining that the project included a new commercial pier in prohibited Type 2 waters, requiring a Special Exception from CRMC. Mr. Goulet stated that there were no comments received during the Public Notice period and that stated HPHC approval was received. Mr. Goulet stated that CRMC staff recommended approval of the project.

Mr. Sahagian stated that for discussion purposes and based on the fact that the applicant demonstrated meeting compelling public purpose and based on favorable review from the CRMC staff, he moved approval of the Special Exception. Mr. Gomez seconded the motion.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Mr. Sahagian stated based on approval of Special Exception, and recommendation from CRMC staff he motioned for approval of project with stipulations from staff. Seconded by Mr. Gomez.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Application approved. Applicants thanked the Council.

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

2021-10-077 BENNETT FAMILY IRREVOCABLE TRUST -- To construct and maintain a residential boating facility consisting of a 4’ x 8’ upland ramp, 4’ x 166’ fixed timber pier, 3’ x 18’ access ramp and 8’ x 18.75 (150sf) terminal float. The facility is proposed to extend 120’ seaward of the cited MLW mark, requiring a 70’ length variance to Red Book 650-RICR-20-00-01 Section 1.3.1(D)(11)(l); Restore buffer. Located at plat R-3, lot 108; 39 Goose Island Road, Narragansett, RI in Point Judith Pond/Bluff Hill Cove.

Ms. Silvia gave a brief overview of the application to the Council stating that applicant was requesting to construct a residential boating facility on a piece of property with numerous property line crossings. Ms. Silvia explained that there were no variances required due to letters of no objection from abutting neighbors. Ms. Silvia stated that a previous upland permit required a buffer zone which had not been completed and that the applicant had addressed the issue and provided a Buffer Zone plan which was more than sufficient and would be install by May 15, 2022. Ms. Silvia stated that staff recommended approval of dock application.

Mr. Sahagian asked about water depth with variance approval. Ms. Silvia stated that there would be 1.5’ of water at terminus of facility.

Present for the applicant was Russel Morgan, PE. He addressed the Council and stated that Ms. Silvia gave an excellent presentation of the project and also explained that the dock would extend the same as the dock to the south of the property.

Mr. Jeremy Duncan of 37 Goose Island Road was present in support of the dock.
No one to speak in opposition of application.

Mr. Gomez questioned Ms. Silvia about the buffer zone project and if May 15th would be a realistic date. Ms. Silvia stated that May 15th would be sufficient to restore what should have been restored prior and that the May 15th would be added as a stipulation in the dock assent.

Mr. Morgan confirmed that the applicant was in favor of the planting date of May 15th and that there was a total of 17 plants that would be planted. Mr. Bennet confirmed as well.

Mr. Gagnon motioned, based on staff recommendation and presentation with staff stipulations, approval of the application. Seconded by Ms. Reynolds.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Application approved.

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2020-09-059 WILLIAM & SUZANNE HEALY -- Construct & maintain a new residential boating facility consisting of a ~ 4’ x 80’ fixed timber pier, 3’ x 14’ ramp and 8’ x 18.75’ (150sf) terminal float extending ~69’ seaward of the cited MLW mark. Located at plat N-E; Lot 35; 147 Conanicus Road, Narragansett, RI in the Narrow River.

Ms. Silvia gave a brief overview of the application stating that the proposed project needed a 19’ length variance, as well as property sideline variance. Ms. Silvia explained that prior to the division of the property there was a1994 Temporary Dock approval which expired in 2004. Ms. Silvia explained that a Preliminary Determination was applied for in 2018 asking about the potential of a dock on this lot and a review showed that the dock would abuts marsh, not the water. Ms. Silvia explained that objections were received after the first public notice from the western abutter and the Narrow River Preservation Association (NRPA). Ms. Silvia stated that revised plans were received addressing concerns and the project was Re-Noticed in November of 2021. Ms. Silvia stated that the current location of the proposed facility would be the best spot environmentally. Ms. Silvia stated that there was no subaquatic vegetation (SAV) in the area and that the dock location would not conflict with neighboring dock. Ms. Silvia stated that a property line extension variance was requested and that CRMC Staff had no objection to the facility.

No questions from council at this point.

The Healey’s were present as well as Russell Morgan, PE, the applicant’s engineer.

Mr. Morgan sworn in and identified himself for the record. Mr. Morgan shared his screen to show site plans providing visual of the property line in which a variance was needed. Mr. Morgan stated that the dock was angled once leaving the marsh to minimize the length over the marsh and that the layout of the dock was to minimize environmental impacts.

There were no questions for Mr. Morgan.

There were no comments heard during public comment portion of the meeting.
Motion from Mr. Gagnon for approval in accordance with staff recommendation s and stipulations Seconded by Mr. Gomez.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Motion approved. Application approved.

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2019-10-084 KENNETH & SALLY PIETRZAK -- To construct and maintain a residential boating facility consisting of a 4’ x 46.5’ fixed timber pier leading to a 3’ x 14’ access ramp and 8’ x 18.75’ (150sf) terminal float. Located at plat N-K; Lot 2-1; 200 Riverdell Drive, Narragansett, RI in the Upper Narrow River.

Ms. Silvia gave a brief overview of the application stating the dock was a standard design that required a variance to the property line setback and that there were several docks in the area. Ms. Silvia stated that the dock would be between a dock and an existing marina; and that in the area was the Forest Lakes Preservation Association private beach and docking facility to the north of the proposed facility. Ms. Silvia explained that when the application was first submitted, staff requested that the applicant shorten the facility to minimize impact to the congested area – congestion due to marina in area.

Ms. Silvia stated that numerous comments were received during the Public Notice period and in response to the comments the applicant revised their plans a second time in August of 2020. Ms. Silvia stated that the applicant minimized the variance as much as they could and the hardship was created through no fault of their own.

Ms. Silvia stated that staff had no objections to the approval of the facility and deferred to Council for comments received.

Ms. Silvia confirmed for Mr. Sahagian that the applicant did not create their own hardship. There were no further questions of staff.

Russell Morgan, PE was sworn in and identified himself for the record.

Mr. Russell shared aerial photographs to provide idea of non-perpendicular property lines, FLPA dock foundation to the north of applicant’s property and an aerial with dock outlines shown during summer season. Mr. Russell stated that the dock was lessened in length and the float was turned sideways to provide an offset of 47’ to the north and an offset of 42’ to the south and still allowing for 2’ of water at MLW.

There were no questions for Mr. Morgan as it relates to presentation.

Mr. Pietrzak addressed the Council and stated that they have tried to be as accommodating to neighbors to minimize disruption of their facilities.

Frank Bentley, southern abutter, was sworn in and identified himself for the record. Mr. Bentley stated the he had only received the new layout within the last week but that he did not agree with it as laid out. Mr. Bentley stated that while they do not object to the Pietrzak’s having a dock, they are not in favor of this dock as it will affect the future value of their home due to an obstructed view. Mr. Bentley also expressed concerns of safety in the area due to user conflict.

Ms. Silvia confirmed for Chair Coia that the dock would extend 75’ from the shore.
No questions from Council members to Bentleys.

Brad Carvahlo was sworn in and identified himself for the record. Mr. Carvahlo, who uses Indian Trail Association dock, objected to the location of the dock stating there would not be enough room for boats with docks that closes.

Laura Edmonds was sworn in and identified herself for the record. Ms. Edmonds, who is not a boater, but whose family uses the Indian Trail Association community beach objected to the proposed facility for safety purposes.

Chair Coia asked Ms. Silvia, after hearing statements from objectors, if staff opinion had changed as related to recommendation to Council. Ms. Silvia stated that her recommendation had not changed and based that on 20+ years of experience reviewing docks for the CRMC.

Ms. Sahagian motioned to approve application based on staff recommendation, the entire record and that the applicant did not create their own hardship. Mr. Gomez seconded the motion stating that he had listened to objections and heard Ms. Silvia’s rebuttal and that he shared Mr. Sahagian’s opinion.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

Unanimous vote and application has been approved.

6. Request for an Executive Session pursuant to RIGL § 42-46-5 (a)(2) Personnel matters - The employee has been notified.

Mr. DeSisto stated that information requested by Council members was not able to be obtained in time and asked that the matter be continued.

Ms. Reynolds motioned for the Executive Session be continued to next council meeting. Seconded by Mr. Gagnon.

Roll Call Vote:
Mr. Gomez Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Ms. Montanaro Aye
Ms. McGovern Aye
Mr. Sahagian Aye
Chair Coia Aye

7. ADJOURN

Motion to adjourn carried on unanimous vote

Motion: Ms. McGovern
Second: Ms. Montanaro

Unanimous voice vote.

Meeting adjourned at 7:20 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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