RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Thursday, August 23, 2022 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.
Members Present
Raymond Coia, Chair
Donald Gomez
Trish Reynolds
Jerry Sahagian
Lindsay McGovern
Catherine Robinson Hall
tephen Izzi
Staff Present
Jeffrey Willis, Executive Director
Richard Lucia, Spv Civil Engineer
Tracy Silvia, Principal Environmental Scientist
Anthony DeSisto, Legal Counsel
John Longo, Legal Counsel
Mark Hartman, Asst Legal Council
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Coia called the meeting to order at 6:04 p.m. and welcomed new Council member Stephen Izzi.
Chair Coia also publicly thanked Council member Joy Montanaro for her years of service and tenure with the Council.
2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Coia called for a motion regarding the minutes for the Tuesday, June 30, 2022 Semi-monthly Meeting.
Motion: Mr. Sahagian
Second: Ms. Reynolds
Motion carried on a unanimous voice vote to approve the minutes from June 30, 2022 meeting.
3. Subcommittee Reports
ROW met to review the recommendation of Portsmouth – voted to send to Council at next meeting.
4. Staff Reports
Mr. Willis reported/updated the Council:
Chair Coia checked for attendance of applicants.
Chair Coia asked that the Agenda sheet be made part of the record.
5. APPLICATION REQUIRING PUBLIC HEARING FOR SPECIAL EXCEPTION AND BEFORE THE COUNCIL FOR FINAL DECISION:
2022-01-010 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT -- Construct a new boardwalk comprised of precast piles, beams, and deck panels to be installed along the north side of the existing bulkhead over the existing impervious bituminous parking lot. A cast-in-place concrete wall will be constructed along the existing steel sheet pile wall alignment to support the south side of the boardwalk. Ancillary “bump-outs” along the southern side of the board walk include two shade structures, two patios, and two foot-wash stations. In addition to these bump- outs, numerous stairs and ramps will be located throughout the length of the boardwalk to provide ADA accessible access to boardwalk and shoreline. A 50-foot construction setback is required (per RICRMP 1.1.9.B), a variance from this requirement per section 1.1.7(A) of the RICRMP is requested. Additionally, the work proposed includes work on the beach bordering Type 1 waters, which is prohibited per RICRMP section 1.2.2 (A)(b). RIDEM requests a Special Exception to allow the work to proceed. Location of project: Roger Wheeler State Beach; 100 Sand Hill Cove Road, Narragansett, RI; Plat J, lot 35; Plat N, lot 175.
Mr. Lucia gave a brief overview of the application stating that the project would be located at Roger Wheeler State Beach on the developed barrier beach abutting Type 1 waters. Mr. Lucia explained that the project, which would provide a boardwalk and bump-out for view enjoyment, consisted of a low sheetpile wall to stop sand from migrating onto parking lot from the beach and a boardwalk over the sheetpile wall. Mr. Lucia explained that the project required a Special Exception from the Council as the applicant is requesting a variance to the 50’ setback requirement. Mr. Lucia stated that the application met the requirements of the Special Exception and granting of 50’ standard variance.
Mr. Lucia stated that two comments were received during the Public Notice period and staff contacted both. Mr. Lucia stated that the eastern abutter was contacted and informed that the project would be 330 feet from their property; there was no further communication from that abutter. Mr. Lucia stated that the western property abutter’s property line was 60’ from the boardwalk. Mr. Lucia further explained that RIDEM and Pare Corp had discussions with the western property abutter and RIDEM agreed to move the boardwalk 20’ away from the western property making the distance 80’ from the boardwalk.
Mr. Lucia stated that staff had no objection to the project and was recommending approval – with a stipulation that RIDEM should coordinate with USFW for the protection of the piping plover nesting grounds. Mr. Lucia stated that new plans will be needed if the proposed boardwalk is approved to reflect that the boardwalk will be 80’ from western abutting property.
Mr. Lucia confirmed for Mr. Sahagian that, in his opinion, the project meets compelling public purpose for the approval of the Special Exception.
Mr. Lucia confirmed for Ms. Hall that staff did not have objections to the project either in its original form or the modified form as CRMC does not regulate distances to property lines.
Mr. DeSisto confirmed for Ms. Hall that in the event that there is a motion to approve the application with the condition that the boardwalk would be reduced by 20’, the assent would not be issued without receipt of revised plan.
Mr. Lucia confirmed for Mr. Izzi that the boardwalk would be reduced in length on the western side so that the boardwalk would be 80’ from the western abutting property.
Chair Coia asked for the applicant to present.
Present to represent RIDEM as well as being sworn in and identifying themselves for the record:
Meghan DiPrete, Chief of DEM Planning and Development
Arthur Zeman; Deputy Chief of DEM Planning and Development
Brian Dutra – Project Engineer with Pare Corporation
Sara Peirce, Environmental Scientist with Pare Corporation
Ms. DiPrete addressed the Council and stated that with the reduction of 20’, the boardwalk would be approximately 72’ from the property line and that revised plans would be completed upon decision of the Council.
Mr. Dutra stated that the sea wall would not be accessible to pedestrians; only the walkway would be pulled back 20’.
Ms. DiPrete explained that the current bulkhead is deteriorated and maintenance is needed. Ms. DiPrete added that in order to improve access, RIDEM added the boardwalk along the top of the bulkhead.
Chair Coia stated that the revisions asked for would be depicted in set of plans submitted to staff if stipulation is made as part of a motion.
Mr. Dutra confirmed for Ms. Hall that the terminus of the boardwalk would not change on either side even with the 20’ reduction.
Chair Coia asked if anyone in the audience wished to speak in favor or against the application.
Attorney Annette Jacques was present on behalf on Helen Barnett, the western abutting property owner, in objection to the application.
Ms. Jacques stated many reasons for Ms. Barnett’s comments to the project such as trespassers on property, dogs allowed on beach, alcohol use on beach. Ms. Jacques stated that the main reasons for objection were proximity to the property and the elevation of the boardwalk and visibility into Ms. Barnett’s home’s windows.
Ms. Jacques stated that not all the variance criteria were met and that the project went against the goals and policies of the RICRMP such as the construction in high hazard areas, alterations to the beach adjacent to Type 1 waters, disruption of native plants and wildlife (piping plovers). Photos were passed around for Council members to view.
Dr. Helen Barnett, western abutter property owner addressed the Council and stated her objections to the boardwalk’s close proximity to her house.
Mr. Lucia confirmed for Chair Coia that the staff’s recommendation remained as is based on RIDEM’s cooperation and agreement to revise the plans and pulling back the boardwalk by 20’. Mr. Lucia stated that visual intrusion is not a determining factor in CRMC’s review.
Chair Coia asked for a motion on the Special Exception.
Mr. Sahagian motioned for approval of Special Exception based on compelling public purpose as well as findings of fact as it relates to the Special Exception. Ms. McGovern seconded the motion.
Roll call vote on Special Exception:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Chair Coia Aye
Mr. Sahagian motioned for approval of the variance and application based on findings of fact. Ms. McGovern seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Chair Coia Aye
Approved with unanimous vote.
6. ADMINISTRATIVE APPLICATIONS BEFORE THE COUNCIL FOR DECISION:
2021-08-021 COASTAL COASTERS, LLC – Demolish existing 752 sf dwelling and construct a 1,112 sf 3-bedroom dwelling with new denitrification Onsite Wastewater Treatment System (OWTS). Located at plat I-J; lot 65-11; 1201 Succotash Road, Narragansett, RI.
Attorney Elizabeth Noonan, Adler Pollock & Sheehan, and Kenneth Lovegreen, applicant, were present.
Ms. Silvia gave a brief overview of the application stating that the property is located in a densely developed, pre-existing neighborhood in Jerusalem area of Narragansett. Ms. Silvia explained that an application for Preliminary Determination was completed that requested minimization of the project; however, larger expansion project application was submitted. Ms. Silvia stated that after working with the design team, the final plans depicted a 48% expansion. Ms. Silvia stated that letters of objection were received as well as letters of support. Ms. Silvia stated that while the project no longer triggers a buffer zone requirement, a 40% variance to setback (10’-15’ from feature) was requested which is staff’s main concern. Applicant will not agree to reduce the proposed design of house and staff feels that reduction on the SLC can be done to move dwelling landward increasing setback and more consistent with past CRMC practice. Ms. Silvia stated that staff’s recommendation is denial as proposed.
Ms. Silvia confirmed that the lot coverage 1112 feet.
Ms. Noonan addressed the Council stating that the project had gone through Narragansett Planning and Zoning, had an approved RIDEM OWTS and that it would be elevated in accordance with FEMA regulations. Ms. Noonan stated that the project had been through many modifications including moving the house two feet landward. Ms. Noonan explained that the applicant’s team has worked through the objector’s attorney, Mark Russo, and many changes were made on behalf of Mr. Monahan including moving deck to other side of house, covering Mr. Monahan’s outdoor shore, footprint moved back 2’, and decks reduced in size; however, Mr. Monahan is still objecting. Ms. Noonan also stated that there were many letters of support from other neighbors.
Sworn in and identified for the record:
Kenneth Lovegreen, Applicant/Property Owner
Jeff Balch, PLS, Frisella-Balch Associates
Mr. Lovegreen addressed the Council stating that he is originally from Cranston and spent summers in Narragansett. Mr. Lovegreen explained that his Mom and other relatives would also be spending time at the house and that the reason why the reduction of the home is difficult is because of the elevator needed for access.
No questions of Mr. Lovegreen from Council.
Attorney Noonan questioned Jeff Balch.
Through questioning Mr. Balch explained his involvement with the project since 2019 providing many iterations of plans for DEM/OWTS and the Town of Narragansett. Mr. Balch explained the conditions of the funnel-shaped lot as well as the house outline. Plans were shown to the Council indicating the changes that were made on the finalized plans. Mr. Balch stated that he was familiar with CRMC variance standards and that he believed the project met all requirements to the best of their ability based on the narrowing of the lot. Mr. Balch explained that the house was realigned so that the footprint of the proposed closely resembles the footprint of the existing.
Ms. Hall asked what conditions at the sight along the frontage that make it so that the project can’t be reduced relative to staff noting that that condition has not been met. Mr. Balch stated that as part of negotiations with the town of Narragansett they brought the house back further from coastal feature as they could. Attorney Noonan added that ADA requirements which are needed for the elevator require more square footage in the house -- wider hallways and larger bathrooms. Mr. Balch stated that the owner asked for the house this size and he provided what was asked for and that considering there is the elevator, he did not feel the expansion was unreasonable.
Attorney Noonan asked to be able to readdress council after the objector spoke.
Ms. Silvia asked to as well.
W. Mark Russo, Attorney for 1197 Holdings LLC -- Brian Monahan, abutter directly to the south of the proposed dwelling expansion. Attorney Russo stated that his client had been a part of the process since the beginning and that while some improvements to the project had been accommodated, Mr. Monahan was asking for a reduction to the size of the massive dwelling. Attorney Russo stated that the only reductions had been minor to reduce the expansion to less than 50%. Attorney Russo stated that the house size is what caused the undue hardship.
Chair Coia state that the need for compliance with ADA regulations is what decided the size of the house. Attorney Russo stated that he did not hear any evidence that a reduction could not be accommodated and still meet ADA requirements.
No further questions
Ms. Silvia confirmed for Mr. Sahagian that the structural lot coverage is calculated based on foundation and porches and that if the house was reduced by 2’ in length, the expansion would be a 33.6% increase; however the agreed upon increase was 792 sf.
Mr. Sahagian asked Ms. Silvia is the 2’ reduction would change staff’s recommendation to the Council.
Ms. Silvia stated that staff acknowledged the effort to reduce; however, none of the reductions addressed CRMC’s concerns – the 40% reduction did not come from reducing the structural lot coverage. Ms. Silvia stated that staff is trying to achieve consistency and that if the applicant agreed to the additional 2’ reduction, staff would defer to Council for decision.
Attorney Noonan stated that the client was agreeable to an additional 2’ reduction.
For discussion purposes, Mr. Sahagian motioned for the approval of the application with the additional reduction of 2’ back from coastal feature and based on testimony, findings of fact and the compliance with ADA regulations as a compelling reason to grant the variance.
Attorney DeSisto asked when the revised plans could be expected. Attorney Noonan gave a timeframe of a week.
Mr. Sahagian’s motion to approve was seconded by Ms. McGovern.
Ms. Hall expressed concern that the cumulative impact was not addressed and that other aspects of variances as outline by staff were not met. Mr. DeSisto stated that staff accepted the suggestion of reduction. Ms. Silvia stated that had the application not had an objection, the application would have gotten an administrative review and approval.
Poll
Roll call vote:
Mr. Izzi Aye
Ms. Hall No
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Chair Coia Aye
Approved with one in opposition, Ms. Hall.
2021-04-007 EDWARD LUNDGREN – Construct and maintain a new 1496sf family residence with attached garage, serviced by public utilities and to install stormwater BMPs and establish a vegetated buffer zone. Located at plat 32, lot 491; Puritan Avenue, Barrington, RI.
Anthony DeSisto recused himself and John Longo stepped in.
Applicant, Edward Lundgren, was present and was sworn in and identified himself for the record.
Ms. Silvia gave a brief overview of property history and the application to the Council stating that this project is a new dwelling that has numerous plan iterations to minimize for variance criteria. Ms. Silvia stated that a 33% buffer variance and 25% total construction setback is proposed. Ms. Silvia stated that staff opinion is that the applicant’s project is consistent with nearby residential development and defers to Council for consideration of comments received.
Ms. Silvia confirmed for Mr. Sahagian that the file would have been approved administratively if no objections. The objection was not pertinent to the review criteria.
Mr. Lundgren addressed the Council and explained the history of his lot and the reason for his request to build.
Ms. Silvia confirmed for Ms. Hall that there were no additional stipulations just standard stipulations.
Mr. Izzi motioned to approved application based on staff report, testimony and findings of fact. Ms. Hall seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Chair Coia Aye
Application approved with unanimous vote.
7. ADJOURN
Motion to adjourn carried on unanimous vote
Motion: Ms. Reynolds
Second: Chair Coia
Unanimous voice vote.
Meeting adjourned at 8:00 p.m.
Minutes respectfully submitted,
Lisa A. Turner
Recording Secretary
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
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