BONNET VIEW LLC, ANTHONY J. FIORE, and SHORE CLUB CONDOMINIUM, LLC, a/k/a SHORE CLUB CONDO.
STATE OF RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL
Washington County Superior Court
Plaintiff: John F. Kenyon, Esq.
Defendant: Anthony DeSisto, Esq.; Peter F. Skwirz, Esq.;
Benjamin Ferreira, Esq.
this Court are the appeals of Bonnet View, LLC, Anthony J.
Fiore and Shore Club Condominium, LLC, a/k/a Shore Club
Condo. (hereinafter Appellants) to four Final Orders of
Administrative Fines, issued by the Coastal Resources
Management Council (CRMC) on January 31, 2017.  Jurisdiction is
pursuant to G.L. 1956 §§ 42-35-1, et seq.
of the Administrative Procedures Act (APA). The only issue
before the Court is the amount of the fines which CRMC is
authorized to impose, pursuant to statute.
Appellants obtained a CRMC Assent for construction on one
condominium development project on Algonquin Road in
Narragansett, Rhode Island. On May 24, 2016, after
construction commenced, CRMC visited the project and issued
four separate violation notices for the following:
1. Failing to install/maintain appropriate soil erosion and
2. Clearing and placing fill in the buffer zone;
3. Clearing and filling the coastal wetlands complex; and
4. Violation of the recorded conservation easement.
separate Notices of Administrative Fines were issued on May
26, 2016 (Appellants' Mem. Exs. 2-5), and four different
Cease and Desist Orders were issued on May 26, 2016.
Id. at Exs. 6-9.
a site visit on June 8, 2016, four additional and separate
Notices of Administrative Fines were issued. (Appellants'
Mem. Exs. 11-14.) Each of these notices imposed assessed
additional fines of $2500 and threatened additional fines for
parties entered into a Consent Agreement with CRMC on June
30, 2016 (Appellants' Ex. 16). The Appellants agreed that
certain of the acts were violations, agreed to remediate the
area, and agreed to pay four fines of $2500 for the
violations of May 26, 2016. The Consent Agreement
specifically did not address the June 9 and 14, 2016 fines.
It appears that the June 9 and 14, 2016 assessed fines went
to a hearing, though no transcript, ...