In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 28, 2023 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM
Donald Gomez
Patricia Reynolds
Catherine Robinson Hall
Stephen Izzi
Kevin Flynn
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Amy Silva, Spv Environmental Scientist
Ross Singer, Environmental Engineer
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary
Cynthia Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:00 p.m.

2. Review/Action of the Minutes of the Previous Meeting – November 14, 2023

Chair Coia called for a motion regarding the minutes for the Tuesday, November 14, 2023 Semi-monthly Meeting.

Motion: Mr. Flynn
Second: Mr. Izzi
Motion carried on unanimous vote.

3. Subcommittee Reports

Mr. Willis informed the Council about:

• ROW Subcommittee that had met at 5:00 p.m. and discussed a revised proposed schedule which was approved by the Subcommittee. Further issues on Spring Ave ext file 2020-11-084will be held over the next couple of months in front of the subcommittee.

4. Staff Reports

Mr. Willis updated the Council on the following:
No report

5. Fourth Extension Requests before the Council for Review and Action:

2017-05-014 Lake RI LLC c/o the Bollard Group -- Request for Fourth Extension to construct & maintain a four (4) bedroom residential dwelling serviced by denitrifying OWTS and public water; construct & maintain a pervious driveway and stormwater BMP; construct & maintain an in-ground pool and other accessory structures and establish a vegetated buffer zone all per the approved plans. Located at plat N-M, lot 5-A; Cormorant Point Road, Narragansett, RI.

Judy Pagliuca, Applicant and Stephen Sullivan, Consultant, were sworn in and identified themselves for the record.

Ms. Willis gave a brief overview stating that it was before the Council for approval of a fourth and final extension request. Mr. Willis stated that the CRMC regulations were the same as when approved, that CRMC staff visited the property, as is the practice for every Extension request, and found that the conditions of the site had not changed nor were there any outstanding issues. Mr. Willis stated that staff recommended approval of the fourth and final extension request.

Mr. Gomez motioned to approve the fourth and final extension request. Mr. Gagnon seconded the motion.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

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2016-10-002 0 DELRAY, LLC – Request for Fourth Extension to construct & maintain a four (4) bedroom single family dwelling with OWTS, pervious driveway and stormwater management. Located at plat 19-4, lot 28; Bridgetown Road, South Kingstown, RI.

Attorney Mary Shekarchi was present for the applicant 0 Delray LLC.
Kevin Barrett, Managing Member of LLC, was sworn in an identified himself for the record.

Mr. Willis stated that this was a fourth and final extension request. CRMC Staff went to the site and found no changes on site. Mr. Willis stated that the regulations had not changed since the original approval and that there were no additional issues with the property or the application. Mr. Willis stated that the CRMC staff recommended approval of the Extension request.

Mr. Gomez questioned the Extension expiring in March of 2023. Mr. Willis stated that the application had been received in a timely manner prior to expiration of the permit.

Mr. Gomez motioned for approval of the application stating that the timeframe should start from November 28, 2023.
Ms. Hall seconded the motion.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

6. Applications that have been Out to Public Notice before the Council for Review and Action:

2023-09-048 GERALD & BARBARA CANDELMO – Construct and maintain a residential boating facility consisting of a 4’x 97’ fixed timber pier, 3’ x 16’ aluminum gangway and 8’ x 18.75’ (150sf) terminal float, extending 93’ seaward of the cited MLW mark. The facility requires a 43’ length variance to Redbook 650- RICR-20-00-01 Section 1.3.1(D)(11)(l)(2). Located at plat R-2, lot 336; 5 Mollusk Drive, Narragansett, RI.

The applicants, Barbara and Gerald Candelmo, were present and sworn in for the record as well as their consulting engineer, Russ Morgan, PE.

Ms. Silva gave a brief overview of the application stating that the application was requesting to construct a residential boating facility in Type 2 waters of Point Judith Pond off of Great Island. Ms. Silva stated that the applicant was requesting a 43’ length variance beyond 50’ length standard to extend out 93’ for a water depth of 18” at the terminus of the dock. Ms. Silva stated that this dock would be similar to other docks in the area, that the public notice period had ended on November 23rd with no objections received and that all of the variance criteria had been met.

The applicants thanked the Council but did not add anything new.
Mr. Gomez motioned for approval based on the findings of fact, the staff recommendation, the conclusion of the public notice period without comments and variance criteria having been met.

Mr. Izzi seconded the motion.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

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2023-05-053 MARK & CHERYL DeMELLO -- Construct and maintain a residential Boating Facility consisting of a total 188’ feet in length, terminating at 50’ beyond Mean Low Water (MLW) and requiring a Variance to the side Setback Standard Section 1.3.1(D)(11)(k). Located at plat 25, lot 45; 395 Park Avenue, Portsmouth, RI.

The applicant, Mark DeMello and consulting engineer, Joshua Morrow, PE, were sworn in and identified themselves for the record.

Ms. Silva gave a brief overview of the application stating that the request was for a residential boating facility in the Sakonnet River, Island Park section of Portsmouth and would terminate at 50’ beyond MLW.

Ms. Silva stated that the proposed facility required a variance to the sideline setback as it did not meet the 25’ setback from the western boundary.

Ms. Silva stated that the application was scheduled to be heard at the November 14, 2023 meeting of the Council but the Town of Portsmouth asked for a continuance so that the Portsmouth Harbor Commission could look at the docks close proximity to a nearby mooring field. Ms. Silva stated that an email had been sent that morning from the Town of Portsmouth stating that they do not object to the proposed facility.

Ms. Silva stated that CRMC staff felt that the applicant had met the burdens of proof and that staff does not have an objection to the approval of the application.

There was no one present to speak for or against this application.
Mr. Morrow addressed the Council stating that Ms. Silva’s accounting of the project was properly summarized and that the dock was positioned to be furthest from the residing abutter and closer to the property owned by the town of Portsmouth.

No further questions from the Council to the applicant.

Mr. Gomez motioned for approval based on findings of fact, the staff report and discussion, the issue of the variances, and the Town’s negotiated concurrence regarding public access. Ms. Reynolds seconded the motion.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

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2020-07-031 PAUL & CHRISTIN GRADY/MEGHAN RAWSON & PATRICK LEBEAU – Construct and maintain a shared residential boating facility consisting of a 4’x90’ fixed pier, a 3’ x 30’ aluminum gangway, and an 8’ x 18.75’ terminal float. The facility is proposed to extend 75’ past mean low water to achieve water depth of 2.6’. The facility will be located at plat 16, lot 195 and 196; 2 & 4 Shell Road, Warren, RI.

Sworn in and identified for the record – Applicants and Consultant Meghan Rawson
Paul and Christine Grady
Gus Kreuzkamp, PE of Harbor Engineering

Mr. Singer gave a brief overview of the application explaining that the facility would be a shared residential boating facility in Type 2 waters of Mount Hope Bay and, that after staff recommendation, would extend 75’ beyond Mean Low Water (MLW) to achieve a water depth of 2.6 feet. Mr. Singer stated that this project would have been able to have an administrative review, however, an objection was received during the Public Notice period which the staff does not find to be a substantive objection. Mr. Singer stated that CRMC staff tried to work out a solution between the applicants and the objector; however, the applicant did not want to reduce the length of the dock to 50’ beyond MLW. Mr. Singer stated that a letter of no objection had been received from the Town of Warren Harbor Commission if the applicants reduced the float size to 150 sf. The applicants agreed to reduce the float size to 150 sf.

Mr. Singer stated that the project required a length variance of 25 feet beyond the 50’ MLW standard and a 40.5’ variance from the required 50-foot setback to an improved mooring field. Mr. Singer stated that the water depth at 50’ beyond MLW is 2.4’ which exceeded the minimum required water depth of 1.5’.

Mr. Singer informed the Council that the applicants stated the facility would be used as a touch and go facility and that both parties have vessels on moorings near the site.

Mr. Singer stated that CRMC regularly approved variances for 25’ beyond the 50’ length standard but that it is questionable whether the requested variances are necessary or minimized. Mr. Singer stated that deferred to the Council to determine whether the variance should be granted.

Mr. Singer stated, in answer to Mr. Gomez:

• The water depth gained from the additional 25’ is about 3” of water;
• Other docks in the area were longer but the bathymetry was different; and,
• The closest dock was approximately 800’ away.

No further questions for Staff from Council.

Mr. Kreuzkamp addressed the Council stating that since the initial submittal of the application, the length of the pier has been reduced by 25 percent, the float area has been reduced by 25 percent, and the seaward encroachment has been reduced by 30 percent.

In regard to water depth, Mr. Kruezkamp explained that at the proposed float there would be 2.4 to 2.6 feet of water and that at 50’ beyond MLW there would be 1.6 to 2.4 feet of water. Mr. Kreuzkamp stated that the float was placed for the safety of the boat due to wind and waves coming from the south.

Mr. Kreuzkamp explained that the dock being a shared dock as the owners have the use but minimizes the structures in the water.

Ms. Hall asked about the objection received being deemed not substantive by CRMC staff and that the objection letter from Attorney D’Ovidio asked for a hearing. Mr. DeSisto’s opinion was that the application was before the Full Council for hearing based on the staff’s recommendation that the objection was not substantive.

There was discussion on section 1.1.6.G of the Management Procedures amongst Council and staff.

Attorney Chris D’Ovidio was present to represent the abutter Katheryn Lundin who objected to the application. Ms. Lundin was sworn in and identified herself for the record.

Mr. D’Ovidio explained that he and the abutter received notice of the meeting and the staff report the prior week and that he objected to the finding that the objection was deemed not substantive by CRMC staff.

Mr. D’Ovidio stated for the variances being requested:

• 1.3.1(D)(11)(l) for exceeding the 50 feet on the dock length; and,
• 1.3.1(D)(11)(m), for the dock being within 50 feet of the mooring field.

Mr. DeSisto stated for the record that the initial objection from Ms. Lundin was dated September 4, 2020.

Mr. D’Ovidio stated they were unaware that a new plan had been received by CRMC until a Public Notice was sent and they asked for the file.
Mr. D’Ovidio confirmed that Mr. Singer negotiated with the applicant and the objector regarding the dock length. Mr. D’Ovidio stated that his client would accept a 50’ dock length.

There was discussion on whether or not the application was a Category B application or a Category A*.

Mr. D’Ovidio went through some of the variance criteria and why they should not be granted relief.

• Water depth was discussed specifically during low tide – is an addition of 2.5” reasonably necessary.
• Unreasonable interference in horizontal movement across the shore with only a 5-and-a-half-foot
  clearance at that mean high.
• The Lundins use the inner shore to recreate, going an additional 25’ into the harbor would create more of
  a safety hazard.
• Aesthetics is an important factor for the Council to consider.
• There was no environmental assessment in the application (required for Cat B)
• No unique conditions in the area.

Mr. D’Ovidio ended that the applicant would still be able to have a dock at 50 feet and be able to dinghy out to their vessels and do all they need to do.

• Kate Lundin, abutter to the applicant addressed the Council on behalf of her family and explained:
• Their love of their property and its proximity to the water.
• Their use of the water from their back yard specifically paddleboarding, kayaking, swimming, walking,
  quahogging or just relaxing on shore.
• The beautiful unobstructed view.
• The difficulty of carrying out water dependent activities if the dock extended to 75’ beyond MLW.

Ms. Lundin asked the Council not to approve the variances.

Mr. D’Ovidio asked to submit written testimony. Mr. DeSisto explained that according to regulations, information must be submitted to the Council 7 days prior to the meeting. Mr. D’Ovidio countered that they had received late notice and he could not submit within the required timeframe.

Mr. DeSisto stated that because Mr. D’Ovidio had spoken the testimony in the record, the transcript would hold the testimony.

Mr. Flynn asked if the Lundins objected to a 50’ dock. Ms. Lundin stated that a 50’ dock is better than a 75’ dock to navigate around.

Mr. Gomez suggested adding stairs to the sides of the dock to provide lateral access.

Mr. Willis explained that that the new legislation states that permitted structures as allowable on the shoreline – an acceptable use of the shoreline. Mr. Willis stated that CRMC regulations have always been consistent with the legislation by protecting lateral shoreline access.

There was a second discussion of the Category of the Dock – A or B.

Mr. Singer confirmed for Chair Coia that no other objections had been received for this application. No further questions from Council for Mr. D’Ovidio or his client.

Mr. Kreuzkamp asked to address the Council stating that:

• His clients had been willing to compromise the entire time and made several reductions to the structure based on CRMC requests.
• The overall impacts of an additional 25’ is little in difference.
• That the abutters house is at such an elevation that a neighboring dock would require effort to see.

Mr. Gomez asked if the applicant would consider either adding steps to the dock or raising the dock 1’ in height for lateral access. The applicants agreed to raising the dock 1’.

No further questions from Council

No questions of staff from Council

No follow-up comments from staff.

Ms. Hall motioned, based on the evidence showing no hardship under Rule 1.1.7 nor demonstrating that there would not be reasonable use of the site, that the variance request be denied for failure to meet the standard.

Ms. Hall clarified that the motion was specific to the length of the dock as applied for and as described in the staff report. Mr. Flynn seconded the motion for discussion purposes.

Mr. Singer stated that the applicant would need a variance for the mooring field setback.

Chair Coia asked for clarification of the motion. Mr. DeSisto clarified that the motion was to deny the variances for the application as presented. Mr. DeSisto explained that the Council could take further action after the vote on the motion if it is positive.

Mr. Gagnon stated that the variance request was consistent with past dock application approvals.

Mr. DeSisto asked what the water depth was with the additional 25’. Mr. Singer stated that at the terminus they would gain 2.5”. Mr. Singer stated that the argument is that the applicant wants to stern their vessel to the shore requiring more water. Mr. Singer clarified that the water depth was based on the side of the float measuring from – between 5” and 10” of water.

Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Nay
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Nay
Mr. Gomez Aye
Chair Coia Nay

Motion carried on a roll call vote - 5 affirmatives and 3 nays.

Ms. Hall motioned for the approval of the dock at 50-feet within the 50-feet setback area as applied to the mooring field, based on all the evidence and the letter from the Harbor Commission.

Ms. Hall restated the motion – based on the evidence presented at this hearing, based on the letter received from the Harbor Commission, the application comports with the rules and regulations regarding this matter. Mr. Gomez seconded the motion.

Mr. DeSisto stated that to add the stipulation of raising the dock Mr. Gomez would need to amend Ms. Hall’s motion.

Mr. Gomez motioned to amend Ms. Hall’s motion to include raising the dock to 6.5’ to provide for lateral access. Mr. Izzi seconded the motion to amend the motion.

Chair Coia polled the Council:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Nay
Mr. Gagnon Aye
Ms. Reynolds Nay
Chair Coia Nay

Motion to amend carried on roll call vote – 5 affirmatives, 3 nay

Mr. DeSisto explained that the motion on the table is the amended motion – the main motion with the amendment.

Chair Coia polled the Council: Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Nay

Motion carried on roll call vote – 7 affirmatives, 1 nay

7. ADJOURN

Motion to adjourn:

Motion: Mr. Russolino
Second: Mr. Izzi

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned 8:07 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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