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Public Access to the Rhode Island Shore. CRMC Coastal Education Series Narragansett Bay Commission Meeting Room September 25, 2007 6:00 PM Kevin R. Cute Marine Resources Specialist Coastal Resources Management Council. CRMC Methods for Providing Public Access to the Shore.
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Public Access to the Rhode Island Shore CRMC Coastal Education Series Narragansett Bay Commission Meeting Room September 25, 2007 6:00 PM Kevin R. Cute Marine Resources Specialist Coastal Resources Management Council
CRMC Methods for Providing Public Access to the Shore • Metro Bay SAMP: Urban Coastal Greenway • Red Book § 335: Public Access Plans • RIGL 46-23-6: CRMC Designated Public Rights-of-Way to the Shore
Metro Bay SAMPUrban Coastal Greenway Red Book or UCG option: • Continuous public pathway along the coast • One arterial access path per 1/4 mile of shoreline • Two parking space minimum per development; additional space per 100 linear feet of coastline • 7,050 linear feet of public access so far…
Red Book Section 335 Public Access Plan • Applies to certain developments or activities: • Commercial and industrial development or redevelopment projects • New and significant expansions to marinas • Activities that involve filling of tidal waters • Publicly funded beach nourishment projects
Red Book Section 335Public Access Plan • Access may be physical, visual, interpretive • Requires access similar to that impacted by proposed development or activity • Access may be provided off-site • Variance may be granted if no significant public access impacts can be demonstrated
Red Book Section 335Public Access Plan Apponaug Cove Marina
Red Book Section 335Public Access Plan Thames Street Landing – Stone Harbour Condominiums
Red Book Section 335Public Access Plan CRMC Approved Projects with “335” Public Access Plan City/Town • Stone Harbour Bristol • Thames Street Landing Bristol • Weetamoe Farms Bristol • Wharf Tavern Bristol • Sakonnet Point Club Little Compton • Knowlesway Extension (at Pt. Judith Pond) Narragansett • Casey’s Marina Newport • Newport Onshore Newport • The Inn at Long Wharf (Marina) Newport • West Wind Marina (Waite’s Wharf) Newport • Blue Beach (Economic Development Corporation) North Kingstown • Compass Rose Beach (Economic Development Corporation) North Kingstown • Jamestown Bridge (RI Department of Transportation) North Kingstown • Keiffer Park (Economic Development Corporation) North Kingstown • North Kingstown Town Marina North Kingstown • Spink’s Neck Beach (Economic Development Corporation) North Kingstown • Carnegie Abbey Portsmouth • Melville Marina Portsmouth • Mt. Hope Marine Terminal Portsmouth • Collier Point Park (Narragansett Electric) Providence • Providence Place Mall Providence • Shooters (Currently RIDOT property ) Providence • Village at Mt. Hope Bay (Starwood) Tiverton • Dickerson’s Marina Warwick • Greenwich Bay Marina Warwick
CRMC Designated ROWsAdopt-an-Access The council is responsible for the designation of all public rights-of-way to the tidal water areas of the state, and shall carry on a continuing discovery of appropriate public rights-of-way to the tidal water areas of the state - RIGL Ch. 46-23-6
CRMC Designated ROWsAdopt-an-Access • CRMC has designated 221 ROWs • CRMC responds to request to improve public access at Daunis ROW (P-1) • Adopt-An-Access Program established 2005
CRMC Designated ROWsAdopt-an-Access First Adopt-an-Access: Daunis ROW – CRMC Designation No. P-1 • Town of Barrington plan to establish parking on Daunis ROW • RI Superior Court: Sartor et. al., v. Town of Barrington • plaintiffs contend ROW “footpath only” • Can Town improve parcel for vehicular access and parking? • 1915 dedication of relocated parcel creates a substitute street “running to the shore” • Intention was to create a street and not a mere footpath for public access to the shore
CRMC Designated ROWsAdopt-an-Access The Parcel is a right-of-way that is intended to accommodate the public-at-large and not merely abutters of the property or those in walking distance. In such a case automobile access is reasonable and necessary. - Sartor et. al., v. Town of Barrington, C.A. No. 03-3985
CRMC Designated ROWsAdopt-an-Access Daunis ROW (P-1)
CRMC Designated ROWsAdopt-an-Access Obstruction at Daunis ROW
CRMC Designated ROWsAdopt-an-Access Obstruction at Daunis ROW
CRMC Designated ROWsAdopt-an-Access Memorandum of Understanding • Section I: Authorities & Purpose • (RIGL 46-23-6 and RICRMP) • Section II: Responsibilities • (CRMC, Municipality, Adopting Entity) • Section III: Amendment & Termination • (Mutual agreement and six-month notice) • Letter of Permission
CRMC Designated ROWsAdopt-an-Access Five ROWs “adopted” in 2007 by Save Bristol Harbor: • Constitution Street (S-4) • Union Street (S-5) • Walley Street (S-6) • Poppasquash Road (S-19) • Oliver Street (S-22)
CRMC Designated ROWsAdopt-an-Access Adoptions Pending in 2007: • Ruggles Avenue, Newport (Z-4) Clean Ocean Access • Nausauket Road, Warwick (J-24) RI Salt Water Anglers Association • Capstan Road, Jamestown (G-12) Roberts Family • Bluff Road, Westerly (A-2) Watch Hill Visitors Bureau • Bass Rock Road, Narragansett (C-6) URI Chapter Coastal Society • Conant Road, Narragansett (C-7) Narragansett Surfcasters • Tuckerman Avenue, Middletown (Y-1) Clean Ocean Access & Milnes Family