In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, October 11, 2022 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Jerry Sahagian
Donald Gomez
Ronald Gagnon
Catherine Robinson Hall
Stephen Izzi
Trish Reynolds

Members Excused:
Raymond Coia, Chair
Lyndsay McGovern

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Acting Deputy Director
Amy Silva, Spv Environmental Scientist
Tracy Silvia, Pr Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Council
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Sahagian called the meeting to order at 6:03 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Sahagian called for a motion regarding the minutes for the Tuesday, September 27, 2022 Semi-monthly
Meeting.

Motion: Mr. Gomez
Second: Mr. Izzi

Motion carried on a voice vote to approve the minutes from September 27, 2022 meeting.

3. Subcommittee Reports

Mr. Willis reported out to the Council:

• ROW Subcommittee met and were given an update on parking near CRMC designated ROWs.

4. Staff Reports

Mr. Willis reported/updated the Council on the following:

• Renewable energy and Offshore Wind upcoming application schedule.

Chair Sahagian checked for attendance of applicants.

5. FRESHWATER WETLANDS IN THE VICINITY OF THE COAST - FORMAL APPLICATION TO ALTER - BEFORE THE FULL COUNCIL FOR DECISION:

2022-04-081 ROBERT & TAMARRA EGAN -- Construct and maintain a single family two- bedroom dwelling with OWTS, town water, stormwater management and pervious driveway. Located at plat M, lot 159-10; Ocean Road, Narragansett, RI.

Ms. Silva gave a brief overview of the application to alter on a small lot dominated mostly by marshland. Ms. Silva stated that the application was first received as a preliminary determination asking for the permanent alteration of 1000sf of wetland which was not acceptable under the Freshwater Wetland in the Vicinity of the Coast rules. Ms. Silva stated that the proposed project is a reduction of the original plan which will only permanently disturb 108 sf of marsh with a mitigation plan of 2:1 by the creation of a wetland on the side of the property. Ms. Silva stated that one objection was received during the review asking that the dwelling be serviced by municipal sewer but as there is no sewer service to this property, the objection was considered non-substantive. Ms. Silva stated that CRMC staff had no objection to the application as long as the mitigation plan was completed/submitted and CRMC staff approved the plan which would also include monitoring by CRMC -- all prior to the start of construction.

There were no questions for Ms. Silva from the Council.

Attorney Bruce Leach of DeSimone & Leach was available, as well as Robert and Tamara Egan and Scott Rabideau of Natural Resource Services. Mr. Leach stated that the applicants were in agreement with the staff report and the mitigation plan with monitoring. Mr. Leach stated the witnesses would be available for questions.

There were no questions from the Council.

Mr. Izzi motioned for the approval of application based on inclusions of findings of fact and staff stipulations in staff report.
Ms. Hall seconded the motion.

The motion to approve carried on unanimous voice vote.

6. APPLICATIONS WHICH HAVE HAD PUBLIC NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2021-09-093 WILLIAM & NANCY GILBANE -- Construct and maintain a residential boating facility consisting of a 4’ x 64’ fixed timber pier, with 1200lb boat lift extending 67’ seaward of the cited MLW mark. A 17’ length variance is required to Red Book 650-RICR-20-00-01 Section 1.3.1(D)(11)(l)(2), a 22’ property line extension setback variance (southerly) is required to Section 1.3.1(D)(11)(k) and submerged aquatic vegetation (SAV) variances are required to Sections 1.3.1(D)(11)(w) & 1.3.1(R)(3)(e)(1). Located at plat I-J; lot 64-2; 1159 Succotash Road, Narragansett, RI.

Ms. Silvia gave a brief overview of the application stating that some sort of structure existed at the site since the 1960’s; although, it was unpermitted. Ms. Silvia explained that in 2021 the applicant has been working with CRMC Enforcement and permit staff to permit a structure on the property.

Ms. Silvia explained the timeline of the application through CRMC permitting to the point that is now before the Council with a letter of no objection from the northern property abutter, minimization of the dock length, removal of the proposed float and a CRMC Re-Public Notice. Ms. Silvia further explained that the proposal before the Council was for a 67’ fixed pier with a 1,200 pound boat lift requiring a 17’ length variance to MLW and a 21 foot property line extension variance to the southern property abutter. Ms. Silvia stated that the application could not fully conform based on pre-existing condition of the shoreline and that CRMC staff opinion is that this is the best layout for this property owner.

Mr. Gomez asked about the possibility of setting a precedent. Ms. Silvia stated that it did not seem so as the applicant has the room for a dock and that the southern abutter’s marina crosses their extended property line, the northern abutter does as well.

Ms. Hall asked about the Army Corps of Engineers (ACOE) review. Ms. Silvia stated that there was always a possibility of having a complete review from ACOE but that the ACOE agrees with CRMC’s standard ACOE stipulation in our Assent. Ms. Silvia informed the Council that if any changes came out of the ACOE review, the applicant may require further CRMC review.

Attorney John C. Revens, of Revens, Revens, & St. Pierre was present for the applicant as well as Mark Dowdell, RPE, Dowdell Engineering, who prepared the plans. Mr. Revens stated that the southern abutter’s marina was not in conformance with their CRMC permits which was causing some of the difficulty for Mr. Gilbane.

Mr. Dowdell was sworn in and identified himself for the record.

Ms. Silvia informed the Council that she was available for questions regarding the northern and southern property abutters’ permit history.
Through a presentation using large scale plans, Mr. Dowdell showed the location of the applicant’s proposed facility and where the southern property abutter’s non-conformed marina was creating the navigational issues.

Mr. Revens confirmed for Mr. Gomez the location and size of the boat lift, 1200 lb. There were no further questions for the applicant from the Council.

Attorney William Landry was present for the objector, Ben Walker of Walker Marina, the southern property owner. Mr. Landry stated that two letters of objection were sent in during the 30-day public notice periods.

Mr. Landry stated that Mr. Walker had owned the property for six years and that the marina was operated in the same configuration by the predecessor for 20 years under grandfather status. Mr. Landry stated that a corrected assent was issued in 1993 to ratify existing conditions but that there were two finger piers that would be removed. Mr. Landry conveyed that Mr. Walker agrees that the Gilbane’s should be able to have a dock but that it would be difficult for navigation to the Marina if the boat lift was built where proposed and that is would prevent 25% of the marina’s business. Mr. Landry expressed concern over the cumulative impacts of the proposed facility and location; also, that variance standards/requirements had not been met. Mr. Landry stated that Mr. Walker would be happy to lease Mr. Gilbane a slip at his marina.

Benjamin Walker was sworn in and identified himself for the record.

Through questioning by Mr. Landry:

Mr. Walker explained that he had a 10 slip marina and the working and leasing of marina slips.

Mr. Walker described the navigational difficulties for location of this proposed dock.

Mr. Revens stated that he and his client had met the burden of proof that the situation is more than a mere inconvenience for his client. Mr. Revens reiterated that there was not an assent for the existing structure on the property and that the Walker marina crosses the Gilbane property line. Mr. Revens stated if the proposed dock was moved further north, similar issues would affect the northern property owner who had given a letter of no objection for the project.

Mr. Revens closed by stating that the Gilbane’s has worked for months to create a plan to enjoy a legal right which they are entitled to within their property line extension.

Ms. Hall asked for explanation regarding the 25% loss to the Walker’s business – did the 25% not include the unauthorized section. Mr. Walker explained, using the large scale plan exhibits, that the 25% did not include the unauthorized section but because of the placement of the boat lift impeding navigation to one of the finger piers.

At the request of Chair Sahagian, Ms. Silvia further explained previously approved grandfathered authorization of the Walker Marina stating that the staff is working with the marina owner to rectify the issue. Ms. Silvia concurred with Mr. Landry that the slips that are being discussed are not the unauthorized structures.

Mr. Gomez asked if the boat lift could go on the side of the dock. Mr. Landry stated there would still be a navigation issue.

There was discussion at this time about shortening the dock and moving it more north. Mr. Revens expressed concern that the water depth would be insufficient and there could be an SAV concern. Ms. Silvia stated that moving the dock north would require a variance. Mr. Dowdell stated that using the current historical location would maintain the existing circulation. Throughout the discussion of moving the dock more north, shortening the dock, angling the dock, Ms. Silvia’s opinion remained the same.

Mr. Revens stated that the owner had worked with the property owner from the north and that moving the dock more north would impact that abutter without discussing with them.

Mr. Gagnon asked if the boat lift could be pulled back and squared off with the dock to provide more access and the water depth would change only inches.

Ms. Silvia confirmed for Chair Sahagian that staff would support the change but that a variance would be required because of the SAV – lifts must achieve the minimum 4’.

Chair Sahagian asked Mr. DeSisto if the Council could make that change. Mr. DeSisto stated that the change could be made as long as the Council makes the Findings of Fact and staff concurs the change is de diminis.

Chair Sahagian summarized that there was a favorable staff report and a suggestion to move the boat lift back a few feet to the terminus of the end of the fixed pier.

Mr. Revens offered that Mr. Gilbane would be ok without the boat lift if he could tie his boat up to the dock. Ms. Silvia stated that the SAV regulations prohibit long-term docking over SAV.

Mr. Gagnon motioned that the boat lift be relocated to be level with the the terminus of the proposed dock, that all terms and conditions of the staff report be met, and the findings of fact that are contained in the staff report.

Mr. Gomez seconded the motion.

Ms. Hall asked about the process of variance re-notification and if it the change would affect the people we notify.

Mr. DeSisto stated that the Council has the ability to modify that which comes before it. Mr. DeSisto stated that the project would be minimized and that the variance is very minor.

Roll call vote:
Mr. Izzi
Ms. Hall
Ms. Reynolds
Mr. Gomez Aye
Ms. McGovern
Chair Sahagian

Motion carried on unanimous roll call vote.

7. ADJOURN

Motion to adjourn carried on unanimous vote.

Motion: Mr. Izzi
Second: Mr. Gomez
Unanimous voice vote.

Meeting adjourned at 7:45 p.m.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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