In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Monday, August 26, 2013 at 2:00 p.m. in Council Chambers, Narragansett Town Hall, 25Fifth Avenue, Narragansett, RI.

Members Present
Paul Lemont, Chair
Raymond Coia
David Abedon
Tony Affigne
Guillaume deRamel
Robert Ballou, RIDEM
Jerry Sahagian
Mike Hudner

Members Excused:
Don Gomez

Staff Present
Grover J. Fugate, Executive Director
William Mosunic
Ryan Moore
Brian Goldman, Legal Counsel

 

1. Call to Order

Chair Lemont called the meeting to order at 2:15 p.m.

2. Approval of the Minutes of previous meeting – July 30, 2013

Mr. Goldman stated that Attorney Dan Prentiss was not available, but that he asked that the hearing go forward without him and that Attorney Joe Priestly would attend on his behalf. Attorney Jerry Elmer also sent notice that he would not be available and he was agreeable to the Council proceeding without him.

Chair Lemont polled members Mr. Hudner and Mr. deRamel regarding the reading of the record and transcript of previous meeting. Both Mr. Hudner and Mr. deRamel confirmed that they had read record of last meeting.

3. Application before the Full Council for Final Decision in accordance with Remand Order from the Rhode Island Superior Court:

2003-05-155 CHAMPLIN’S REALTY ASSOCIATION -- Expansion of existing marina facility consisting of an additional 2,990 linear feet of fixed pier, and 755 linear feet of floating docks, with corresponding expansion of existing marina perimeter limit (area) by approximately 4 acres, however, it should be noted that the requested marina perimeter limit (“MPL”) seeks approximately 13 acres. The stated increase in marina capacity is 140 boats. Additionally, this matter was consolidated with the Town of New Shoreham’s request for CRMC approval of its Harbor Management Plan. The Harbor Management Plan issues were limited to the location and size of Mooring Field E. Project to be located at plat 19; lots 5 and 6; West Shore Road, New Shoreham, RI.

Mr. Ballou asked to address the Council on a series of 12 findings regarding the CRMC’s final decision. Mr. Ballou distributes copies of his document to the Council members. Mr. Goldberg requests copies of document. Chair Lemont stated that if the Council adopts the findings then copies will be made available. Mr. Goldberg states his exception to that decision.

Mr. Ballou continues explaining his 12 Findings of Fact:

Mr. Ballou offered the twelve points for a motion which was seconded by Mr. Abedon to afford Council discussion.

Chair Lemont asked for discussion on each of the points, there was no discussion on points 1-5.

Point 6:

Mr. Sahagian asked to discuss point number 6E regarding the fairway being a channel. Mr. Ballou clarified that the courtesy channel if established would be a navigational channel. Mr. Sahagian expressed concern about distinction between courtesy channel and navigational channel as the federal government establishes channels.

Point 7:

Mr. Coia asked for clarification of the location of the fuel pump. It was confirmed that Mr. Ballou’s information was correct.

Mr. Sahagian commented on Point 7E that Mooring Field E had not been legally created so the expansion into it should not be considered a negative impact. Mr. Ballou stated that the reference is to the Town’s mooring field – not to Mooring Field E.

Point 8:

Mr. Affigne commented on item 8D stating that the record provides no evidence of disparate treatment. Mr. Affigne asked to go a step further stating that the record reflects two staff members saying they did not feel nor apply bias or disparate treatment in applying CRMC policies during review of application. Mr. Affigne stated that he would prefer to apply the stronger language that the record reflects. Mr. Affigne added that all parties had opportunity to cross-examine the witnesses and provide evidence of bias or disparate treatment but none was brought forward.

Mr. Sahagian offered the statement of the Chairwoman indicating that the application was bad and that the lead counsel for the applicant was obnoxious and arrogant. There is an affidavit in the record that stands on its own.

Chair Lemont and Mr. Ballou concur with Mr. Affigne and agree that Point 8D could be rephrased to more positively reflect the fact that there is sworn testimony from Executive Director and Chief Engineer indicating no bias during review. Mr. Affigne suggested adding a sentence to the end of D reflecting the direct sworn testimony of Executive Director and Chief Engineer. Mr. Abedon seconded the change.

Mr. Sahagian commented on item 8E stating that there was evidence that the expansion would not cause significant impacts on the environment by the DEM issued water quality certificate for the 240’ expansion for Champlin’s. Mr. Sahagian also pointed out that Mr. Rabideau’s testimony on Champlin’s application was not disputed by objectors. Chair Lemont stated that Mr. Rabideau is a coastal biologist not a water quality expert. Mr. Sahagian also pointed out that Champlin’s had a shellfishing expert do shellfishing studies. Mr. Ballou commented that there is a distinction between water quality and fish and wildlife impacts. Mr. Sahagian stated that the Champlin’s decision which Mr. Ballou used for his information is the document that is in question. Mr. Affigne pointed out that there is overlapping membership on the Council and that some members were not on the Council for the decision on both applications. Mr. Affigne stated that in reviewing the record of both cases and listening to long testimony, he felt that the present Council had done a very good and fair job.

Mr. Sahagian suggested that point 8E be struck as it indicates that Champlin’s didn’t provide testimony to prove that it would not cause any significant impacts to Salt Pond.

Mr. Ballou stated that a series of findings in the Champlin’s Decision 45 – 52 which lays out the short comings and burdens that Champlin’s bore in demonstrating no impacts to fish and wildlife and that Champlin’s failed to sustain its burden of showing that the project would not cause significant impacts on plan and animal life of the Great Salt Pond. Mr. Abedon requested that it be put in as a similarity between both applications that they were both granted water quality certificates. Mr. Sahagian motioned that language be added at the end of 8E stating that Champlin’s secured a water quality certificate from RI DEM for a 240’ expansion. Mr. Coia seconded motion. Motion carried on a majority vote with Mr. Affigne being indifferent.

Mr. Sahagian motioned to strike 8F from the document as Champlin’s did provide a navigational expert to testify that the proposed project would not cause significant impacts to navigation. Mr. Coia seconded and agreed that the record showed that evidence was provided by Champlin’s saying that expansion would not interfere with the navigation.

Mr. Hudner commented on his recollection of the record and the interpretation in terms of what was the mooring field.

Chair Lemont asked for a vote on motion. Motion carried with one opposed (Mr. Affigne).

Mr. Sahagian asked about 8D. Chair Lemont asked that he bring it up at the end. Point 9: Chair Lemont asked for comments and received no response from Council. Point 10:

Mr. Coia is concerned with the wording of the finding as he feels each member would be voting individually and not collectively. Chair Lemont stated that the question of whether the Council acted in a rational basis for denying the Champlin’s application is a collective question.

Point 11:

Mr. Affigne asked for clarification. Mr. Ballou explained it would read: “with the exception of the conclusion of law #8 from the Council 2011 decision at Champlin’s.”

Point 12:

Mr. Ballou started by saying that he did not know whether it was in the Council’s purview to establish a Courtesy Channel, navigational channel but the Configuration of the Mooring Field E is in the Council’s purview. Mr. Ballou stated that he would defer to the Town through their harbor management planning process to establish the position of the channel. Mr. deRamel asked for guidance from Legal Counsel regarding the channel establishment. Mr. Goldman stated that it is entirely up to the Council as that is the way it came before the Council; both parts. Mr. Affigne agreed with Mr. deRamel stated that the clarification of the boundaries of the mooring field was part of the whole review.

Mr. Affigne asked to make one final point and that was that both marinas were stretching the limits of their boat count and boat size and asked that CRMC staff look into it. As far as language on the mooring field to Amend C, he suggested that “the field shall preserve and abut a 100-foot wide buffer between its westerly, northwesterly boundary and the eastern boundary of mooring field D. Mr. Affigne made a motion to amend seconded by Mr. Ballou. Motion approved with on opposed (Mr. Sahagian)
Chair Lemont clarified point 8D in discussion with Mr. Sahagian.

Chair Lemont called a voice vote.

Mr. Goldman clarified that the motion was to accept Mr. Ballou’s proposed findings of fact as amended.

Mr. Goldman stated that it was six in the affirmative and two in the negative. Motion carried.

Mr. Goldman stated that he would make the changes that were amended to Mr. Ballou’s document and they will be circulated for signature to the members in acceptance.

Mr. Affigne thanked Mr. Abedon for service to the Council.

Chair Lemont stated that Mr. Abedon had been a steadying influence on the Council for a lot of years and that the Council as well as the State of RI was very much appreciative.

Mr. Abedon thanked everyone. Mr. Abedon motioned to adjourn with a second from Mr. Affigne. Motion carried.

3. ADJOURN

Vice Chair Lemont adjourned the meeting at 3:14 p.m.

Respectfully submitted,
Lisa A. Turner, Recording Secretary

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