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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, January 26, 2016 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, DEM Rep
Raymond Coia
Don Gomez
Tony Affigne
Jerry Sahagian
Joy Montanaro
Paul Beaudette

Members Excused:
Mike Hudner

Staff Present
Grover J. Fugate, Executive Director
Jeffrey Willis, Deputy Director
Amy L. Silva, Sr. Environmental Scientist
Jim Boyd, Coastal Policy Analyst
Brian Goldman, Esq., Legal Counsel

 

1. CALL TO ORDER

Chair Livingston called the meeting to order at 6:00 p.m. Chair Livingston informed the Council of the passing of Hope Hudner, Council Member Mike Hudner’s wife.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

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

Vice Chair Lemont motioned for the approval of the minutes from the January 12, 2016 Semimonthly meeting; seconded by Mr. Beaudette. Motion carried on unanimous voice vote.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont read out to the Council program revisions that had been approved on Tuesday, January 19 by the Planning & Procedures Subcommittee – Management Procedures 4.3.2 Schedule of fees to put out to public hearing notice the amendment to increase beach vehicle fees and provide more multi day options. An increase in Schedule of Fees is also proposed for buffer zone alterations and management plans to account for CRMC staff review time.

4. STAFF REPORTS

Mr. Fugate reported on the following items:

  • DWW and ABS actively engaged and preparing a final design report for 2016 as well as the approval of the FIR report and the installation report as constructed for last year. ABS has been reviewing the towers which have been brought into the Port of Providence which Mr. Fugate explained he had given interim approval for in terms of construction and assembly on site.
  • P1 Pile, which had a slight deflection, was reviewed and the life of the pile design confirmed to be at least 60 years which is well within the 20-year timeframe of the project.
  • BOEM was in town last week at URI. BOEM has set aside $10 million dollars for the ROEM program (Realtime Opportunity Environmental Monitoring). Deepwater project was selected for a series of studies on the acoustic of piles by subcontractors in Woods Hole and a California consulting firms managing Deepwater. They are very pleased with the results.
  • Beach SAMP stakeholder meeting scheduled for Thursday, February 4 at URI starting at 5:30 pm.
  • Beach SAMP subcommittee meeting is scheduled for Thursday, February 11 at 4:00 p.m. in the CRMC offices in Wakefield, to go over current chapters.
  • Laura Dwyer has sent out an electronic newsletter which will be sent to the Council and other groups. Updates will be sent out on a regular basis to the House, Senate and Governor’s office.

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

2015-02-055 STEPHANIE SIMONI -- Construct and maintain a residential boating facility consisting of: a 4’x 128’ fixed pier to a 4’x 30’ ramp to an 8’x 18’9” terminal float, extending 107 feet beyond Mean Low Water (MLW), requiring a variance to Section 300.4.E.3.1 (50 feet beyond MLW standard). Located at plat 69, lot 104) Bayberry Road, Portsmouth, RI.

Ms. Silva gave a brief overview of the application stating that the dock would be in type two waters off Hog Island with a bluff as the coastal feature. Ms. Silva informed the Council that the house and the dock were being reviewed at the same time. Ms. Silva stated that the applicants agreed to set up a bond for the removal of dock if the house is not finished. Ms. Silva corrected a typo in the report stating that the size of property is 100’ x 50’. Ms. Silva explained that the single family dwelling required a 25’ buffer zone and 25’ setback and the applicants were requesting a 4.6’ variance for the dwelling as well as a 50’ variance to the dock length standard which extended 100’ beyond MHW. Ms. Silva stated that staff had no objections to the granting of the variance for the dwelling. Ms. Silva stated that two objections were received during the public notice and a third objection was received via email the morning before the meeting; that objection included a portion of a Supreme Court case regarding public access. CRMC Legal counsel, John Longo researched the case and confirmed that there was an access concern on the property which had to do with a dirt path that runs along the shoreline including a court-ordered easement stating that it must remain. Ms. Silva stated that we don’t usually get involved in property dispute matters, but if there is a ruling in a court case, we will accommodate that. Ms. Silva explained that she spoke with the applicant’s attorney and the applicant has agreed to revise their plans to show buffer zone with 10’ path in to accommodate access. Ms. Silva stated that the staff has no objection to the proposal with easement path and added that there were a few recommended stipulations, one being the bond in the amount of $50,000, the dock should be constructed by October 2016 and the house constructed by October 2017 or the dock needs to be removed.

Chair Livingston asked about other buffer requirements. Ms. Silva stated that the current home is older and no other buffer was set.

Mr. Goldman confirmed that there was a Supreme Court case that should be upheld and that the owners agrees to revise plans that will accommodate the path.

Mr. Gomez asked about emergency vehicle passage. Ms. Silva stated that the use of golf carts was the means of transportation on the island no cars. There was discussion of the path, court case, path location and the use of 10’ path.

Mr. Beaudette asked about the impact of easement and if it would re we diminish the goal of the buffer zone. Mr. Fugate explained that while it is not the most desirable situation, given the lot size that is all the property can accommodate.
Christian Capizzo was present to represent the applicant along with Richard St. Jean, PE, Norbert Therrien, PLS, Kim Roberts and John Roberts, residents of the island, in support of Ms. Simoni’s application. Also in attendance was Tom Grieb, Chair of Portsmouth Harbor Commission. Mr. Capizzo stated that Mr. Simoni, the applicant’s father, was present on behalf of Ms. Simoni and authorized by Ms. Simoni to give consent and testify on her behalf.

Mr. Capizzo was not required to present his case as there were no staff objections.

Terrence Tierney was present to represent objectors and informed the Council that it appeared a resolution was discussed which may removed the objections. Mr. Tierney stated that he understood that the applicant did not object to the path according to the resolution of the Supreme Court case and that it was an Easement by Prescription meaning that there would be a lease fee of $500 a year to use the path. Mr. Tierney asked that the applicant state that they will not have any issue keeping the path. Mr. Capizzo stated that it was not the applicant’s intent to block the cart path (prescripted easement). Mr. Tierney also asked about the nature of the boating facility. Ms. Silva answered saying the dock was for private use only and could only house 4 boats at one time.

Mr. Tierney stated that the affirmations were adequate.

Mr. Kevin Clifford, abutter, was sworn in and identified himself for the record. Mr. Clifford sent a letter of objection stating his concern regarding the erosion of the beach area. Chair Livingston stated that the buffer zone would be helpful which was confirmed by Mr. Fugate who stated that the shrub environment would help to slow the erosion process.

Mr. Beaudette asked where the dock on the land would begin and what would happen if the land eroded away from the dock. Mr. Fugate stated that the applicant could modify the dock to extend the walkway.

Mr. Gomez asked about lateral access. Ms. Silva stated that there would be 9’ of clearance an MLW and 5’ of clearance at MHW.

Mr. St. Jean was sworn in and identified himself for the record to answer question on elevation of property. Mr. St. Jean stated that approximately 5% of the lot was under water at high tide, explaining that the shoreline is made up of riprap stones and pieces of concrete. The shoreline eroded up to the riprap and the stairs go down into the water and are under 3’ at high tide. Mr. St. Jean stated that the house was pushed back as far as it could go and that the applicant can plant along the coastline for protection to decrease the erosion. Mr. St. Jean stated that the area was a very minimalist environment – no power, very low key living.

Mr. Capizzo stated that he spoke with Deputy Chief Mike O’Brien from Portsmouth Fire Department to address emergency response to the island. Mr. Capizzo stated that Deputy Chief confirmed that emergency situations would be responded to with the Narragansett Marine Task Force and the boats would be tied up to the docks.

Mr. Affigne asked why the easement was not depicted on the plans. Mr. St. Jean stated that it was there but not shaded in as they were going to plant in the area as they were not aware of the easement.

Mr. Gomez asked if all were in agreement with the timeframe for the dock and the house. Mr. Capizzo stated that they were. Mr. Capizzo also confirmed the applicant’s agreement to the bond.

Mr. Sahagian motioned, seconded by Mr. Lemont, for the approval of the application with staff stipulations.

Motion carried on unanimous voice vote.

6. Applications which have had Public Hearings and are before the Council for Decision:

2015-07-032 TOWN OF BRISTOL – OLD FERRY ROAD – request for Right of Way official designation. The ROW is located within an untaxed parcel of land the Bristol Tax Assessor designates as an easement. On either side of the ROW are Assessor’s Plat 164C, Lot 2, and Plat 167, Lots 41-43, all of which the Tax Assessor indicates are owned by Roger Williams University.

Mr. Goldman addressed the Council stating that there was a recommendation from the Right of Way subcommittee that was chaired by Vice Chair Lemont and attended by Chair Livingston and Mr. Gagnon. The Right of Way is located down by Roger William’s University. Mr. Goldman stated that a ferry used to dock there that went from Bristol to Portsmouth. Mr. Goldman stated that the ROW Subcommittee recommended approval of the designation of the ROW. Mr. Goldman stated that procedurally, only new evidence could be presented as defined in the Management Procedures.

Mr. Goldman polled the members of the Council on the reading of the record.

Mr. Beaudette – Yes
Mr. Gagnon – Yes
Mr. Affigne – No
Ms. Montanaro – Yes
Mr. Sahagian – Yes
Mr. Gomez – Yes
Mr. Coia – Yes
Vice Chair Lemont – Was there
Chair Livingston – Was there

Mr. Goldman confirmed that they had a quorum even without Mr. Affigne.

Vice Chair Lemont motioned for approval of the subcommittee recommendation, Mr. Sahagian seconded the motion. Motion carried on a voice vote.

7. Public Hearing on Program Changes: Summary of Proposed Amendment to CRMP Section 145 Climate Change and Sea Level Rise:

The purpose of the proposed amendment to Section 145 of the Coastal Resources Management Program is to update sea level rise (SLR) projections for short-, mid- and long- term timelines of 2035, 2050 and 2100, respectively, as calculated using current National Oceanic Atmospheric Administration (NOAA) methodology and based on the Newport, RI NOAA tide gauge. The CRMC’s existing policy in Section 145 is to periodically review new scientific information regarding SLR. The proposed amendment would provide the state and municipalities with appropriate sea level rise projections for consideration in the planning and design of future public and private investments and natural resource restoration projects.

Mr. Fugate gave a description of the change to the Council stating that it would be beneficial to site the NOAA standards that are out there and the sea level rise curve that is out there. Mr. Fugate explained that NOAA has state of the art science which is updated frequently. With the approval of the amendment, the CRMC would not have to constantly update the regulations. The proposed amendment also recommends the use of storm tools which was developed by URI to look at surge events and sea level rise as the official estimator for those as part of our program. The amendment recommends that municipalities use storm tools as their reference point.

Mr. Boyd stated that the Council first adopted the climate change sea level rise in Jan 2008 and the science had gotten better over the years with more data. Mr. Boyd stated that the amendment would adopt the methodologies as set forth in 2012 national climate assessment that NOAA incorporated in US ACOE sea level. Change calculator which was updated this last September. Mr. Boyd stated that the Council has been a leader in this area of sea level rise for the State and for the development of storm tools. Mr. Boyd stated that no comments were received during the public notice period and that CRMC staff recommended approval of the adoption.

Chair Livingston stated that it made good sense to have these amendments to reflect the current understanding.

Mr. Affigne stated that it was good to keep up with the science. Mr. Boyd confirmed that the current rate of sea level rise based on last 30 years is five millimeters per year, approximately 20” per century.

Mr. Gagnon asked how the amendment will impact how staff will review applications. Mr. Fugate stated that the Beach SAMP that the Council is working on will provide for a place for the information. Mr. Boyd stated that the proposed amendments were the building blocks to all the things that are happening with the Beach SAMP.

Mr. Gomez suggested that the warmer the water, the more rapidly the sea level will rise.

Mr. Fugate stated that NOAA will do all the research and document the changes.

Chair Livingston opened public comment period. Hearing no comment, Chair Livingston closed the public hearing.

Mr. Beaudette motioned to accept the changes to the program with a second from Mr. Gomez.

Motion carried on a unanimous voice vote.

8. ADJOURN

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

Motion carried on unanimous voice vote. Meeting adjourned at 6:52 p.m.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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