In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, June 13, 2017 at 6:00 p.m. in Conference Room B & C, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Anne Maxwell Livingston, Chair Raymond Coia
Don Gomez
Ron Gagnon, DEM Rep
Mike Hudner
Jerry Sahagian
Tony Affigne
Joy Montanaro
Patricia Reynolds

Staff Present
Grover Fugate, Executive Director
David Beutal, Aquaculture Coordinator
Danni Goulet, Marine and Infrastructure Coordinator
Anthony DeSisto, 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. Hudner motioned for the approval of the minutes from the May 9, 2017 Semimonthly meeting; seconded by Mr. Coia. Motion carried on unanimous voice vote.

3. STAFF REPORTS

Mr. Fugate reported the following to the Council:

Attended a New England Environmental Business Council award ceremony in Boston where the Council, ACOE, BOEM, DeepWater, DEM, and several other entities were given Laten awards for the first offshore wind turbine in the country.

Attended an award ceremony in Washington DC where the Council was the recipient of the Benchley Award for the Ocean SAMP and also the NE Ocean Council’s Regional Ocean Plan.

The European Union came out with a report this week regarding their study of several marina spatial plans which included Rhode Island’s Ocean SAMP.

Caitlin Chaffee, CRMC staff got word this week, which will be follow-up us by a conference call with NOAA that CRMC was awarded a one million dollar resiliency grant to continue to do more salt marsh restoration in South County.

CRMC requested a grant for $250K to help with Beach SAMP, although official notification has not yet been received, NOAA has informed us that we won the award. A revised statement needs to be resubmitted but CRMC did get the special merit award for NOAA.

Council received funding from HUD on two projects: 1) a Statewide set of recommended base flood elevations because the FEMA flood plain maps were so badly done. As part of the new Council CRMC was also awarded a grant from HUD to help us to write the Beach SAMP. The monetary award will primarily go to URI to help with the writing task. Mr. Fugate updated the Council on the progress of the Beach SAMP stating that Chapters 3 and 4 were almost complete with Chapter 4 going through an internal review process. The next steps will be to bring the SAMP to Subcommittee and then to the Council. Mr. Fugate talked about the regulatory reform issue in terms of formatting and document size.

4. SUBCOMMITTEE REPORTS

None were heard.

5. EDUCATION SERIES:

Dave Beutel, CRMC Aquaculture Coordinator – Aquaculture Update

• Year to Date Status – 2 new farms and 21.4 new acres
• Algal Bloom Trends for 2016/2017 – Due to significant algal blooms, the value of aquaculture
  declined a bit last year; Cochlodinium polykrikoides (aka rust tide) and Pseudo-nitzschia bloom
  (very toxic).
• Coastal Pond Status in regards to 5% rule – Point Judith Pond is over 4%; Ninigret Pond is at 3.5%; Quonochontaug Pond is at 1%; and Winnapaug Pond is at 2.9%. With the acceptance of applications pending, Pt. Judith Pond with reach maximum status.
• Trend on Technique – Floating gear has become very popular in regards to new application requests. Mr. Beutel explained the pros and cons of this technique. Mr. Beutel also discussed the Flip bag technique which is also popular.
• Interactive Mapping – Mr. Beutel explained that he worked with RIDEM Division of Fish and Wildlife on GIS mapping of aquaculture farms. Laura Dwyer to send link to members.

6. APPLICATION REQUESTING MODIFICATION BEFORE THE FULL COUNCIL FOR DECISION:

2008-01-088 MICHAEL LEIBOWITZ – To modify an existing permitted residential boating facility with the addition of a 4’ x 30’ access float. The modification is proposed to extend ~100’ seaward of the cited MLW mark, requiring a 50’ length variance to RICRMP Section 300.4.

Mr. Goulet gave a brief overview of the application stating that the applicant applied to remove an existing, nonconforming terminus float at their four foot by 30-foot approach float and add a new 15’ x 10’ terminus float. Mr. Goulet explained that a letter of no objection had been received from the abutter and that there were no comments or objections received during the public notice period. Mr. Goulet stated that the facility required a length variance from the Council but the proposed length proposed would be shorter than neighboring facilities. Mr. Goulet stated that a mooring in the area would be moved at the applicant’s expense. Mr. Fugate stated that the application is before the Council for the 50’ length variance which could not be granted administratively.

Mr. Sahagian motioned, seconded by Mr. Gomez and Mr. Affigne, for the approval of the application with staff stipulations.

Motion carried on unanimous voice vote.

7. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2016-07-029 ALBERTINO MILHO – As a result of enforcement actions, the applicant seeks to establish a Marina Perimeter Limit and expand the marina in addition to reconfiguring portions of the existing marina. Located at plat 16, lots 2 & 3; 28 Water Street, East Providence, RI.

Mr. Goulet explained that this marina has existed for many years and that the application if approved will resolve the construction of a wall above the mean high water line that was done without a permit. Mr. Goulet stated that the approval will also allow for reconfiguration of the marina and allow expansion of the marina increasing the boat count to 71 boats. Mr. Goulet confirmed that with the approval of this application, the marina will be in compliance with Section 300.4. Mr. Goulet explained that the owner was in the process of expanding their sanitary facilities by construction of sanitary facilities in a building across the street that can be used by marina patrons. Mr. Goulet explained that for this season, Port-a-Johns will be supplied at the marina along with the facilities in the marina’s restaurant. Mr. Goulet explained that the owner is working with RIDEM on the approval of the required pump-out facility which will be stipulated to be completed by May 1st, 2018. Mr. Goulet stated that he stipulated that the public access signage needed to be increase and the access area required some cleanup of the landscaping. Mr. Goulet stated that the application will be Section 300.4 regulations once all of the tasks are completed and the parking is in conformance with the City of East Providence plan. Mr. Goulet confirmed that he would inspect in 2018. Mr. Gomez asked what would happen if the applicant did not meet the stipulations within the given timeframe. Mr. Goulet explained that they would be in violation and CRMC enforcement would handle it. Mr. Fugate also explained that they could be brought back before the Council and the permit could be revoked. There was discussion on the fee for facility use.

Al Milho, Marina owner, and Richard Lipsitz, President of Waterman Engineering, were both sworn in and identified themselves for the record.

Mr. Lipsitz explained that the existing bathrooms in the warehouse across the street would be reconfigured to meet the requirements of the CRMC. Mr. Lipsitz confirmed that the warehouse is connected to the City sewer system. Mr. Lipsitz stated that the fee for facility use would be to offset the electric and sewer rates from the City of East Providence.

Mr. Gagnon asked if the parking lot would be shells or gravel and if there was any issue with stormwater runoff. Mr. Lipsitz stated that they had received a Water Quality Certificate from the RIDEM and that their intent was to put crushed shells eventually. Mr. Milho confirmed the shells were already on site. Mr. Lipsitz stated that they would work with the City of East Providence Public Works director on how to define the parking on shells such as paint or roping of some sort.

Mr. Hudner motioned, seconded by Mr. Affigne, to approve the application. The motion carried on a unanimous voice vote.

8. ADJOURN

Mr. Hudner motioned, seconded by Mr. Affigne, to adjourn.

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

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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