The applicant, Mr. Peet, was present. There was no one present in opposition of the application.

Mr. Beutel gave a brief overview of the application to the Council stating that it is unusual because the applicant was proposing two small but separate locations for his lease – a .79 acre grow out area in a shallow area of Quononchontaug Pond which consists of muddy sediment using the only method that would work in this location, a floating bag system for oysters.  Mr. Beutel stated that in their site assessment they did not find eel grass and there was a very low density of native shellfish.  Mr. Beutel explained that the second part of the proposal would be a winter storage area which is necessary for this project as the grow-out site is so shallow, the product would not survive the winter months.  Mr. Beutel explained that during their site assessment the found deeper water containing a very rocky bottom.  Mr. Beutel stated that the location would only be available for winter storage from November 1st through April 30th – stating that the timeframe for the seasonal lease if this area was negotiated between CRMC and DEM staff based on shellfish regulations.  Mr. Beutel informed the Council that although there is a high density of native quahogs in this area which was pointed out by the Shellfish Advisory Panel their concerns were allayed because the area is not used for shellfishing and it would be open for harvest of shellfish from May 1 through October 31st.

Mr. Sahagian asked about additional staff stipulations.  Mr. Beutel stated he intended to apply standard stipulations.

Mr. Sahagian motioned, seconded by Vice Chair Lemont, approval of the application

Mr. Beaudette asked for clarification regarding the DEM comments on vibrio infections.  Mr. Beutel stated that the aquaculture community has worked hard to control vibrio as it is a human health concern and that the standard letter from DEM always contains that language.

The motion carried on unanimous voice vote.

The applicant, Manuel Sousa, was present.  There was no one present in opposition of the application.

Mr. Beutel gave a brief overview of the application to the Council stating that it is a one acre site in Gull Cove in Portsmouth for growing oysters in cages. Mr. Beutel stated in their site assessment they found a low density of quahogs but that the area is not used.  Mr. Beutel stated that an objection was received from DEM based upon the proximity of this lease to the shellfish closure line and that Mr. Sousa is aware of implications of that.  Mr. Beutel checked with DEM Water Resources and he was told that the particular line in questions has not moved in 25 years and will not be moved in the near future.  Mr. Beutel stated that he felt the objection based on water quality is not relevant as the site is in water approved for harvesting shellfish.  Mr. Beutel stated that water depth at MLW is 1’ and 3’ at MHW; use available for kayakers and motor boats, however, the project is not in the main thoroughfare.  Mr. Beutel stated that there is a lot of recreational shellfishing in the pond but not in this area. Mr. Beutel stated that it is Staff opinion that Mr. Manuel has met all requirements of CRMP and he recommends approval.

Chair Livingston asked for clarification on the water quality situation.  Mr. Beutel explained DEM process based on his dealings with aquaculture.

Mr. Gomez asked if there was a possibility of freshwater runoff to make that line change.  Mr. Beutel explained that the area was very calm and he was not worried about the line shifting.  Mr. Gomez stated that he was familiar with the area and that people frequent other areas for shellfishing.

Mr. Gomez motioned, seconded by Mr. Beaudette, for approval of application.

Motion carried on a unanimous voice vote.

Mr. Lucia gave a brief overview of application to the Council stating that the project to protect the Wastewater Treatment Facility at Scarborough consisted of a flood proofing barrier using sheetpile and a “cast in place” concrete wall with a berm.  Mr. Lucia explained that the project required a Special Exception for the installation of shoreline protection adjacent to Type 1 waters.  Mr. Lucia stated that one objection was received from Save The Bay asking that the barrier be pulled back 50 feet landward.  Mr. Lucia stated that staff reviewed the application based on Save The Bay’s comments and found that moving the barrier 50’ landward was not possible due to the presence of underground utilities and headworks.  Mr. Lucia stated that the Town agreed to replenish the property with sand to provide for public access in the event that a storm causes excess erosion.  Mr. Lucia finished stating that based on the file submittal, staff believed the application met the special exception criteria and recommended approval of the Town’s application.

Chair Livingston asked for clarification on how the Town met the special exception criteria.  Mr. Lucia explained that by moving the structure as far back as they could and incorporating beach nourishment to assure public access, the Town complied with Special Exception criteria.  Mr. Lucia confirmed that the Land Evidence recording stipulation would be in the Assent.  Mr. Lucia explained that the area of beach that needed sand replenishment was somewhat protected by a groin which stopped lateral transport of sand so erosion rates are not that great, however, may not be the case during a significant storm event.

Mr. Beaudette asked about the Town’s plans for operation and management of the beach replenishment requirement and what budgetary limitations the Town might have regarding beach nourishment.  Mr. Goldman reassured the Council that if the beach nourishment is a condition of the assent and it is recorded in the land evidence records, the Town must comply with the assent or CRMC could issue and order to comply, revoke the permit or fine the Town for non-compliance.

Mr. Lucia explained that it would be in the Town’s best interest to replenish the sand in front of the wall as it is protection for the Wastewater Treatment facility.

Chair Livingston opened the public hearing.

Applicants were sworn in and identified themselves for the record as, David Arpin from RT Group, Jeff Ceasrine from the Town of Narragansett, and Greg Roebuck from Whitecap Engineering.

Mr. Roebuck explained how he used the transect lines to calculate the size of the waves to help reduce the cost of insurance by building the barrier to a certain height so that it can be remapped to be out of the flood zone.

Mr. Ceasrine explained how it would be in the Town’s best interest to replenish the area to help maintain the revetment.  Mr. Ceasrine also explained that the fund for the Wastewater Treatment Facility was very stable and shows a small yearly profit and has for the past 20 years.  Mr. Ceasrine explained that it will be through this fund that the beach nourishment will be funded.  Mr. Ceasrine stated that the Town received a recovery grant from Storm Sandy of $1,000,000 which will fund the project.

Mr. Beaudette asked for explanation on why the Town proposed to use sheetpile and not concrete.  Mr. Arpin explained that sheetpile was more cost effective and will provide better protection to prevent seepage from coming from the facility in the event of scouring.

Mr. Beaudette asked about stormwater runoff and why the project did not incorporate more pervious areas.  Mr. Arpin explained that the drainage system is adequate for the site but they added sand filters for additional stormwater conveyance.

Mr. Ceasrine explained that changing impervious to pervious would be beyond the scope of project and that areas were needed for trucks that come for maintenance of the facility.  Mr. Lucia assured the Council members that the Town and staff did work together on stormwater management and that the project complied with RI Stormwater Management regulations.  Mr. Lucia also explained that the Town was not required to provide any further stormwater treatment but through working with staff, they agreed to the sand filter system.

Chair Livingston acknowledged the use of Stormtools in review of the application.  Mr. Ceasrine stated that CRMC staff encouraged the use of Stormtools.

Chair Livingston closed the public hearing.

Mr. Sahagian began by saying based on the fact that staff recommended approval and that the application proved there was a compelling public purpose thereby meeting the special exception criteria, he motioned to approve the granting of the special exception.

There was a roll call vote by Mr. Goldman for the motion to grant the special exception:

Mr. Hudner                  Yes
Mr. Beaudette              Yes
Mr. Gagnon                  Yes
Ms. Montanaro            Yes
Mr. Sahagian                Yes
Mr. Gomez                   Yes
Mr. Coia                      Yes
Vice Chair Lemont       Yes
Chair Livingston          Yes

Motion carried.

Mr. Sahagian motioned for the approval of the application with a second from Vice Chair Lemont.

Motion carried on unanimous voice vote.