INVESTIGATION: 'Illegal' Marina in East Greenwich Defies the State

INVESTIGATION: 'Illegal' Marina in East Greenwich Defies the State

The case of an “illegal” marina that has continued to operate with impunity is calling into question the effectiveness of Coastal Resources Management Council—the agency responsible for governing state waters—in enforcing its own rules.

The Harris Marina, off Rocky Hollow Road in East Greenwich, is blocking a state right of way and operates without the necessary permits from the CRMC, according to documents obtained by GoLocalProv. The marina was first cited for not having a permit in 2007 and issued a notice last spring that it faced a $2,500 administrative fine. The owner of the marina, Kenneth Harris, also could face a $500 daily late fee on that fine, up to $10,000.

Yet, four years after being cited for not having a permit, the marina is still in business and no fines have been paid. The CRCM has not sought a court order to compel Harris to follow the law. Nor has it taken additional steps to collect on the fine, according to documents from the case.

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‘An absolutely unbelievable sweetheart deal’

“This is an absolutely unbelievable sweetheart deal because he didn’t have to go through the permitting process,” said Jack Early, President of the Defenders of Greenwich Bay, a local community group.

Early pled with the chairman of the CRMC, Mike Tikoian, to take action in a letter he issued this week. “We intend to bring this issue to the brighter light of day and request a CRMC response as to what is being done to remove this illegal marina,” Early said in his letter.

The situation has also sparked outrage from the Rhode Island Marine Trades Association, which points to the case as an example of Tikoian's poor leadership of the council. (Tikoian is up for reappointment this year.)

“A particularly disturbing example of Mr. Tikoian’s behavior can be seen in his recent handling of Harris Marina in East Greenwich,” the association said in a letter to Gov. Don Carcieri last June. “Harris Marina is known to the Council, and to the Chairman specifically, to be an ‘illegal’ marina, operating without a state license. … In spite of that, Harris Marine was allowed to relaunch their docks this summer and continue to operate with the blessing of the Chairman and his legal counsel.”

Chairman ‘inhibiting’ ability of staff to do their job

Tom Rich, the president of the association, said the group remains convinced that the council is not effectively enforcing its own rules. He blames Tikoian and his relationship with his staff for the problem. “I think the leadership issue is certainly inhibiting their ability to do their job,” said Rich, who is also a partner in New England Boatworks.

A number of environmental groups have also spoken out on the issue, urging Gov. Lincoln Chafee to not reappoint Tikoian, as reported in a previous GoLocalProv story.

Unlike others, however, Early does not fault Tikoian, despite the concerns he raised in his letter to the chairman. “He’s done a good job in a tough position,” Early said. “The purpose of the letter was, ‘Mike, heads up. In case you’ve forgotten, there is a legal issue and you need to act. Now, if he doesn’t take action, I may have a different opinion.”

Marina owner running out of options

The marina is not permitted in its present location because the area is zoned as Type I waters, meaning they are open for activities like swimming, but not commercial or industrial use, according to Early. Because the marina is in restricted waters, the state won’t issue a permit unless the U.S. Army Corps of Engineers says Harris is grandfathered into its regulations. But the federal department has said it would not grant the marina's application to be grandfathered in, according to a May 12, 2010 letter obtained by GoLocalProv.

With his options running out, the Coastal Resources Management Council last fall gave Harris until October 31, 2010 to remove docks and floats from his marina. But Harris did not make the deadline.

Attorney defends agency

Tikoian yesterday referred a request for comment to the independent legal counsel for the CRMC, attorney Brian Goldman, who denied that the issues surrounding the ,Harris Marina reflected on Tikoian’s leadership of the agency. “This is a council decision, not Mr. Tikoian’s decision,” Goldman said. “This is a council decision based upon the recommendation of the staff.”

Goldman also denied that the council has been dragging its feet on enforcing the rules on Harris Marina. “I think the agency has been very effective in enforcing its rules,” Goldman said. “Everybody needs to be afforded their due process rights. That’s what the courts are for and sometimes that takes a period of time.”

One major complication in the Harris Marina case: the facility is on land owned by the town of East Greenwich. In 2007, the town issued two notices that the marina was in violation of the zoning ordinance. But, last summer, the town and the business appeared to strike a deal and Harris Marina was allowed to lease the land for $100 a month.

Last month, Grover Fugate, the executive director of the CRMC, sent a letter to the town warning that it would take it to court along with Harris since the town is the property owner. Goldman said the CRMC is hoping that the town will step in to avoid a protracted legal battle. If it doesn’t, then he said the CRCM will go to court.

Future of chairman up in the air

The future of Tikoian as a member and chairman of the Coastal Resources Management Council is unclear. Governor Lincoln Chafee’s office has declined to comment on whether he will be reappointed. Yesterday, Chafee did appoint Tikoian to a position on the Board of Governors for Higher Education.

A spokesman for the governor said that appointment will have no bearing on whether he will continue on with the CRMC. “There is no necessary connection between this announcement and his position on CRMC,” said spokesman Christian Vareika. “An announcement regarding CRMC will be made in the near future.”

Editor's Note: Attempts to reach marina owner Kenneth Harris for comment were unsuccessful.