Community Corner
King Street Right Of Way Now Blocked By Deck And Docks
Local journalist Bob Plain argues both violate the state constitution.
The deck blocking access to the shoreline at the King Street right of way now has docks in front of it, reported resident journalist Bob Plain in a recent post on his Narragansett Bay Almanac blog earlier this week.
"Both the below docks are illegal [referring to the photo shared here]. The floating docks with the jet skis on them are brand new and were blatantly put in without a state permit. But who could blame the owners of the new, nearby nightclub for thinking they could get away with not getting a permit for a new dock. After all, the wooden dock has been there for generations and is a blatant violation of the state Constitution."
The property is owned by Gary Marinosci and leased by the restaurant Blu on the Water, but the wooden dock, or deck, Plain refers to was originally added by former owner Milt Tanner, who operated the restaurant 20 Water Street there for decades. The state Coastal Resources Management Council has allowed the deck to remain, as long as the public is allowed to walk on it.
Plain argues the deck installed by Tanner and, now, the floating docks sitting below it, violate the state constitution:
"According to CRMC Right of Way expert Kevin Cute, the agency’s enabling legislation 'provides the fundamental basis to make the public’s constitutional shoreline privileges meaningful in the first place.'
"He writes, 'A public right-of-way is a parcel of land over which the public has a right to pass on foot, or if appropriate, by vehicle, in order to access the tidal waters of Rhode Island.'"
When Blu opened last summer, it had built a permanent bar on the portion of the deck covering the right of way. CRMC told the restaurant owners – Glenn and Craig Chelo – it had to be removed. This year, they have a CRMC-approved temporary bar there.
According to CRMC spokeswoman Laura Dwyer, the agency is looking into whether or not the floating docks constitute a violation.
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Bob Plain clearly thinks they do:
"And this spot is indeed a CRMC designated Right of Way. It just isn’t being managed as if its an access point to the Commons. Instead, it’s being managed as if it’s a part of a bar."
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