CRMC Issues Eleventh Hour Decision
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| Beach erosion at Matunuck Beach |
The Coastal Resource Management Council (CRMC), after
another evening filled with heated testimony, issued its decision on a request
by the Town of South Kingstown
to reclassify a portion of shoreline along Matunuck Beach Road . CRMC would not be
forced to make a potentially precedential decision based on an eleventh hour
situation being put before them for resolution.
In a 6-2 vote, the
Council voted no, voicing concern with reclassifying the existing shoreline
designation of “Coastal Headlands Bluffs and Cliffs” to that of a “manmade
shoreline.”
Anthony Affigne, CRMC
member, made his feelings clear from the moment he took his seat.
“I want to indicate a great deal of frustration with
the 11th hour
situation. “I went to Matunuck
Beach Road . It is clear that the erosion has
continued,” he said. Having conducted a site visit just prior to the meeting,
Affigne was adamant in his contempt for the lack of prior mitigation sources.
“Town officials have
known for decades and been aware for decades. We have our backs against the
wall and [we] are being forced to make a decision,” argued Affigne. “We are
here in a situation of imminent peril.”
The Town’s case,
presented by Steve Alfred, who holds the titles of Town Manager and Public
Safety Director, is also premised on imminent peril. The road leading into
Matunuck is in danger of failure. The Town has been before the Council on
several occasions concerning the Matunuck Headlands issue.
The last on April
10, requesting approval for the construction of a sheet pile wall along a 202
ft. stretch of Matunuck Beach Road
is pending reconsideration. The section of road in question housing the
community’s water line is being compromised by storm surge and coastal erosion.
The April 10 hearing
also ended in the Town’s application being struck down. Many residents,
property owners and environmental watchdog agencies who testified in
opposition, also opposed the reclassification. Some, represented by counsel,
lent their support with limitations on restrictions and stipulations. The
Town’s petition for reconsideration of the sheet pile wall application was
tabled in light of the reclassification hearing and will be heard on May 8.
The reclassification to
manmade shoreline, proposed for an approximately 1400 ft. stretch of coast,
represented the Town’s efforts to assist property owners and residents
attempting to erect protective measures along the southerly, seaward side of 11
affected parcels.
The current natural designation, usually attached to
coastline along Type I waters, affords less opportunity for the placement of
permanent protective structures for private property owners. The Coastal program specifically prohibits
“construction on or alteration of coastal cliffs and bluffs and contiguous
areas where such construction or alteration has a reasonable probability of
causing or accelerating erosion or degrading a generally recognized scenic
vista.”
Supportive of previous
discussions with property owners, the Town adopted the posture that the change
to “Manmade Shoreline” properly reflected the “historic character of portions
of the Matunuck shoreline.” Manmade Shoreline is not typical of Type I water
designation, another issue to be considered by the Council as the Matunuck
Shoreline is Type I. The new designation, if approved, would have provided
property owners an administrative vehicle providing for the construction of
protective structures.
A mixture of business
and residential concerns, two of the parcels of immediate concern house the
Ocean Mist and Tara’s Pub, small businesses, whose owners are concerned not
only for their properties and livelihood, but for that of their employees.
In
May 2011, the two businessmen submitted Preliminary Determination requests for
construction of a combined sheet wall and riprap structure, seaward of their
properties. Coastal storms and the combined efforts of all interested parties
in reaching viable solutions had those applications tabled.
Represented by William
Landry at the latest hearing, the business owner’s presented a case more
supportive of beach nourishment, replenishment and conservation. “We ask
that we be given the opportunity to present an appropriate solution within the
next year that involves beach replenishment and addresses compliance issues,”
provided Landry, referencing the outstanding issue of coastal compliance
violations.
Several environmental
agencies came forth to testify in opposition to the reclassification. Calling
forth visions of the Great Wall of China , each
presented the issue of precedential caution. A decision in favor of
reclassification would bring forth property owners up and down the coastline.
Brian Wagner,
representing the Surfrider Foundation ,
Rhode Island
Wagner made it clear that
the foundation was opposed to the reclassification and reconsideration
requests, cautioning the Council. “It’s the first step down a very slippery
slope.”
Tricia K. Jedele,
representing the Conservation Law Foundation, cautioned the Council about
making decisions not provided for in the CRMC Red Book. “Who has the ability to
request a reclassification? Can the Town request it? Can any individual who
owns coastal property request a reclassification?” she asked. “Your program is
not clear.”
What was clear, was the report prepared by CRMC staff in
advance of the Council’s reclassification decision. A change to manmade
shoreline would have to include stipulations concerning any subsequent
construction and Army Corp of Engineers involvement.
The Council, now faced
with a reclassification request absent the proposed hard structure wall,
replaced with a beach replenishment proposal of sorts – a flip-flop on issues,
seemed perplexed. “Had a request for replenishment been submitted, it would
have been signed the next day,” responded Grover Fugate, CRMC Director.
Was there ever a Great Wall of China on the table or was there actually a
Chinese Wall – a veritable lack of connection put in place by opposing side’s
inability to communicate? The turnout of residents, Town officials,
environmentalists, conservationists and the litany of attorneys tells the
story. Place the Great Wall proposal on the shelf and consider the Chinese Wall
breached. There has been a call to the table.
Open for discussion are
many questions concerning the future of the seaside community of Matunuck.
Is there an issue of imminent peril? Will the road fail? How does the
Town provide for public health and safety, absent the ability to protect Matunuck Beach Road ?
When and how will beach replenishment be accomplished?
Perhaps the most
important question is one without immediate answer. “Will New
England ’s changing weather patterns afford Matunuck the benefit of
a year’s time?”
The seaside community
escaped the wrath of a harsh New England
winter. Time and weather, as virtual unknowns for the future, a decision has to
be made.
“You’ve got everybody’s
attention,” said Landry. “Golden moments fly.”