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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, October 13, 2015 at 6:00 p.m. in Conference Room A of the Administration Building, One Capitol Hill, Providence, RI.

Members Present
Anne Maxwell Livingston, Chair
Paul Lemont, Vice Chair
Ron Gagnon
Joy Montanaro
Tony Affigne
Jerry Sahagian
Paul Beaudette
Don Gomez

Members Excused:
Raymond Coia
Mike Hudner

Staff Present
Grover J. Fugate, Executive Director
Jeffrey Willis, Deputy Director
Rich Lucia, Spv Civil Engineer
Brian Harrington, Enforcement
Brian Goldman, Legal Counsel

 

1. CALL TO ORDER

Chair Livingston called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Livingston called for approval of the minutes from the previous meeting.

Mr. Affigne motioned for the approval of the minutes from the September 22, 2015 Semimonthly meeting; seconded by Vice Chair Lemont. Motion carried on unanimous voice vote.

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

  • Baird Symposium – Marine Spatial Planning Process – OSAMP was highlighted throughout the meeting. Jeff Grybowski was keynote speaker.
  • Climate Change Commission (House Commission) on Thursday October 15, CRMC and URI will present.
  • Beach SAMP Meeting Monday October 19th 4:00 p.m. at the CRMC Offices, Stedman Government Center.
  • December 1 there will be a Legal Workshop for City Solicitors and planning staff at Roger Williams University: Climate Change Adaptation and Liability Associated for not planning for climate change. Council members are welcome to attend; please let Mr. Fugate know. Chair Livingston and Vice Chair Lemont wants to go.

5. Enforcement Case before the Full Council for consideration of Restoration Order:

C&D 14-0036 FRANK and PATRICIA NOONAN – Restoration of site due to unauthorized filling of freshwater wetland and cutting of buffer vegetation. Located at plat176 lot 98 192 Poppasquash Road, Bristol, RI.

Mr. Willis requests that the Council grant a continuance of this matter as CRMC staff has been meeting with the property owner to resolve the issue. Mr. Harrington addressed the Council stating that CRMC Enforcement and permitting staff had met with Mr. DeAngelis and Mr. Rabideau on October 8. Mr. Harrington stated that they agreed to full restoration of wetland and buffer with the exception of a portion of the buffer zone. Mr. Harrington stated that the Noonan’s were going to pursue an application for meadow management. Mr. DeAngelis stated that he was in agreement with staff and that his clients were away but will be involved in the process from there. It was determined that managed meadow can be up to 25% of the buffer area.

Chair Livingston confirmed continuance.

Applications which have been Out-To-Notice and are before the Full Council for Decision:

2015-08-078 QUONSET DEVELOPMENT CORP/GOODISON SHIPYARD -- Installation of a new travel lift pier that consists of two piers 15’ wide and 160’ long and dredging of approximately 8,103 CY of material proposed to be used as general fill in the Quonset Business Park. Located at plat 186, lot 10 and 24, Goodison Shipyard, 125 Zarbo Avenue, North Kingstown, RI.

Mr. Lucia gave a brief overview of the application stating that it is the second phase of the project for J. Goodison Company Shipyard and that they are requesting to dredge 8103 cubic yards, to install two 106’ fixed piers to support 820 metric ton travel lift, and to establish a structural perimeter line in the in-water section. Mr. Lucia stated that the Water Quality Certification is being process through RIDEM and that there were no CRMC staff objections to the project and will include additional stipulations that involve dredging issues. Mr. Lucia confirmed that the dredge material will be used as fill.

Mr. Goodison, Applicant, Mr. St.Jean, Project Engineer, and Mr. Spinard, QDC, were sworn in and identified themselves for the record.

Mr. St. Jean explained that the dredge materials would be stock piled to dry and if another project needs fill (general fill), they can use that material. Mr. St. Jean confirmed that the dredge material never leaves the QDC site. Mr. Gagnon stated that the RIDEM review of the materials confirmed that it met the definition of clean fill.

Mr. St. Jean explained that the structural perimeter line was to satisfy the three abutting business owners and still give Goodison Shipyard the ability to function.

Mr. Goodison explained that they are an existing business in RI and that they are the second largest travel lift ever built but the largest on the East Coast.

Mr. Sahagina motioned for the approval of the application with staff stipulations and subject to Water Quality Certificate from DEM. Mr. Gomez seconded the motion.

Motion carried on unanimous voice vote.

7. Applications requiring Public Hearing for Special Exception:

2014-12-080 NANCY HOWE -- Install a dry fire hydrant and pipe into Round Pond to be used exclusively by the Little Compton Fire Department. Round Pond is a Type 1 water body and the applicant seeks a special exception to the RICRMP prohibitions for placing the structure in Type 1 waters (ref. RICRMP Section 130). Located at plat 9, lot 246; Round Pond Road, Little Compton, RI.

Mr. Lucia gave brief overview for the application stating that the hydrant will serve in an isolated area and would be the only source for firefighting in that area. Mr. Lucia stated that there are no staff objections to the granting of a special exception as the criteria had been met. Mr. Lucia stated that there would be staff recommended stipulations – posting the permit and limiting the disturbance of the wetland to a low flow period from July 1 to October 31. Mr. Lucia explained that a dry hydrant would give the Fire Department the ability to access water in the area to put out fires – a non-pressurized stand pipe that a pump truck would hook up to to draw water either to fill a truck or to directly put out a fire.

Little Compton Fire Chief Richard Petrin and Don Medeiros, PE, Able Engineering were both sworn in and identified themselves for the record.

Mr. Gomez stated that he was very familiar with this issue which has been on going for many years and that it is imperative that this go through. Mr. Gomez stated that he knew the location and it was a great spot for the hydrant. Chief Petrin stated that the area was chosen for the purpose of being able to safely move about with the fire trucks.

Mr. Lucia stated that no objections had been received during the Public Notice process.

Chair Livingston opened the public hearing.

Meredith and Scott Keating, residents of the community, were sworn in and identified themselves for the record stating that they were not abutters of the project therefore they were not notified during notice process. Mr. and Mrs. Keating objected to the project stating that the location of the standpipe was in a different location than their neighborhood’s association had previously agreed to. Ms. Keating stated that the standpipe will interfere with their access to their road.

Mr. Lucia stated that the standpipe was within the easement of Round Pond Road which the town maintains rights to the road.

Ms. Keating asked why the location had changed and asked that it be reconsidered to be on the Howe property so it does not object the view from their property. Chief Petrin explained that the standpipe only stood three feet off the ground, that the project was a matter of public safety and that the project had been in the works since 2011. Ms. Keating stated that the plan given to the Council was not the plan agreed upon by the neighborhood association.

Ms. Montanaro asked why the association would put aesthetics before safety. Ms. Keating stated that safety is definitely the priority but they were told the standpipe would be in a different location.

Mr. Sahagian asked Mr. Lucia if this an appropriate place for the fire hydrant? Mr. Lucia stated that it was environmentally appropriate. Mr. Goldman confirmed that if erroneous information was submitted the assent can be revoked. Mr. Lucia stated that CRMC staff agreed that the project meets criteria for special exception. It was determined that the location was the most appropriate place as explained by Mr. Medeiros who stated that the less the pipe length to the truck was important for water pressure and proper function of the system. Chief Petrin explained that the Fire Dept maintained all the fire hydrants during all seasons and after every storm.

It was determined by Legal Counsel, Mr. Goldman that the application materials signed by the power of attorney for Ms. Howe who had passed away was legal.

Public hearing closed. Mr. Affigne motioned to approve the Special Exception with a second from Mr. Gomez. Roll Call vote by Mr. Goldman:

Mr. Sahagian Yes
Mr. Gomez Yes
Mr. Beaudette Yes
Mr. Gagnon Yes
Mr. Affigne Yes
Ms. Montanaro Yes
V . Chair Lemont Yes
Chair Livingston Yes

Special Exception was approved.

Mr. Sahagian motioned with a second from Mr. Gomez, for the approval of the application. Motion carried on unanimous voice vote

8. Category “A” Applications

None were held.

9. ADJOURN

Vice Chair Lemont motioned, seconded by Mr. Sahagian, to adjourn.

Motion carried on unanimous voice vote. Meeting adjourned at 6:50 p.m.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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