In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, July 25, 2017 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair Raymond Coia
Ron Gagnon, DEM Rep Jerry Sahagian
Mike Hudner
Trish Reynolds
Michelle Collie
Lisette Gomes

Members Excused
Don Gomez
Joy Montanaro

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Anthony DeSisto, Legal Counsel

1. CALL TO ORDER

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

2. INTRODUCTION OF NEW COUNCIL MEMBERS:

Mr. Fugate:

• Introduction of new Chair of Council: Jennifer Cervenka
• Introduction of new Council Members: Lisette Gomes, Michelle Collie

3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

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

Mr. Coia motioned for the approval of the minutes from the June 27, 2017 Semimonthly meeting; seconded by Mr. Sahagian. Motion carried on unanimous voice vote.

4. SUBCOMMITTEE REPORTS

None were heard.

5. STAFF REPORTS

Mr. Fugate reported the following to the Council:

• BOEM to hold a wind energy science conference in Rhode Island in November – Council members welcome to attend. The conference will bring everyone up to speed on wind energy development.
• On Monday, June 24, 2017, CRMC Staff, Fishermen’s Advisory Board (FAB) and Habitat Advisory Board (HAB) met with two developers in the Massachusetts area, Vineyard Wind and Bay State Wind (formerly DONG Energy). The meeting was to explain where the two companies are at in the review process. Discussion on the updates of Wind Energy in the New England/New York area: Jurisdictional discussion, federal consistency discussion, and lease bid process.
• The Council was funded by HUD a grant to develop a program called the Coastal Environment Risk Index aka CERI for Barrington, Bristol, and Warren (which was developed for Warwick and Charlestown). CERI gives projections on sea level rise and return storm events from a one year storm to a 500 year storm. This program also projects erosion rates. All of these projections can be combined to estimate potential damage to individual homes. The areas chosen, Warwick Barrington, Bristol and Warren have a tremendous exposure and potential for tremendous loss. Mr. Fugate, explained at the Chair request, that the HUD grant is for $250,000 and that the project would take about 15 months and that the staff members involved are himself, Jim Boyd and Jeff Willis as well as the University of Rhode Island who does the modeling and works with us on community outreach to teach the municipalities the usefulness of the tool. Discussion on the extent of the information as well as damage from historical storms events, 1938 and 1954 hurricanes and how we can help to prevent such destruction.
• Mr. Fugate introduced to two people visiting from NOAA Office of Coastal Management: Becca Newhall, Gloucester, Massachusetts and Adrienne Harrison, New Hampshire. Mr. Fugate explained that they were observing the Council.
• The House and Senate have approved the Coastal program budget of 70 million; both house and senate are behind environmental agencies.

Chair Cervenka took a roll call of applicants in attendance:

• Town of East Greenwich – applicant is present.
• Anthony J. Victoria Revocable Trust and Wheelhouse Properties, LLC -- Continued

Mr. Fugate explained that at the Council meeting of June 27, 2017, the Council had continued the two snow fence applications for Anthony Victoria Revocable Trust and Wheelhouse Properties LLC and they were required to meet with staff on site to work on a solution with staff. Mr. Fugate stated that a meeting was held on site with Mr. Victoria, William Landry, attorney for both parties, and CRMC staff where a compromise was offered to the applicants. Mr. Fugate stated that a second continuance was requested and granted to iron out the details of the offered compromise which would avoid the need for a special exception. Chair Cervenka asked if the items needed to be addressed at a future Council meeting. Mr. Sahagian, seconded by Mr. Hudner, motioned to have the Executive Director approve the agreed upon compromise administratively. Mr. Fugate informed the Council that there was an objection from Save The Bay on both applications. Mr. Sahagian’s motion carried on a unanimous voice vote.

5. APPLICATIONS REQUIRING A PUBLIC HEARING FOR SPECIAL EXCEPTION REQUEST AND ARE BEFORE THE COUNCIL FOR DECISION:

2017-05-053 TOWN OF EAST GREENWICH -- Construct and maintain a handicap accessible kayak launch located at Scalloptown Park in Type 1 waters of Greenwich Cove which requires a Special Exception to RICRMP Section 300.4. The launch would be installed for the summer months and removed in the winter. Located at plat 5, lot 227, Rocky Hollow Road, East Greenwich, RI.

Mr. Willis gave a brief overview of the application stating that the Town of East Greenwich was asking to be able to construct a kayak launch in Greenwich Cove, which is categorized as Type 1 waters, which would be accessible to members of the public as well as those with disabilities. Mr. Willis stated that a kayak launch is considered a recreational structure which is prohibited in Type 1 waters requiring the application to receive a special exception from the Council. Mr. Willis described the project as a 16’ x 18’ float platform that is ADA compliant, and that the platform will be anchored with concrete blocks.

Mr. Willis stated that the applicant addressed the Special Exception criteria, and added that the project provides a public benefit; the environmental impacts have been minimized by the selected location and by proposed construction methods (using anchoring system). Mr. Willis stated that the staff recommended approval of the Special Exception and of the overall project.

Mr. Fugate stated that the project was properly noticed for a public hearing.

Chair Cervenka opened the Public Hearing.

Sworn in and identified for the record were:

• Kathy Bradley, Town of East Greenwich Parks and Recreation Director;
• Joseph Duarte, Town of East Greenwich, Public Works Director; and,
• Fred Gomes, Town of East Greenwich, Special Project Coordinator

Ms. Bradley stated that the Town of East Greenwich would like to expand the use of a park they created when they capped their landfill (8 years ago). Ms. Bradley described the different uses of the park space such as walking and biking paths. Ms. Bradley stated after research, they realized that there were not many handicap accessible launches in the State; therefore, they would like to have one at their location. Ms. Bradley confirmed that there was plenty of parking.

Mr. Sahagian asked if the applicants had the opportunity to read the staff comments which required no grade change and no disturbance to coastal features. Ms. Bradley state that the Town agrees to staff recommendations and stipulations.

Ms. Reynolds asked for further information on the structure. Ms. Bradley stated that the floating structure would be taken out seasonally and that the anchoring blocks would remain. Mr. Duarte described the two concrete anchors as 7’ wide x 7’ long and about 4’ deep – two structures of equal dimension. Mr. Gomes stated that there was a large parking area close to the launching area and a few handicap spaces next to launch area. Mr. Duarte stated that all the work will be done in house to save substantial funding.

Mr. Duarte confirmed for Chair Cervenka that the project will not interfere with the landfill cap or with remedial systems in place for the landfill.

Chair Cervenka asked if any other area of East Greenwich was considered for this project. Ms. Bradley stated that the Town of East Greenwich has a very small space for their shoreline and that this was the best spot for the launch.

Mr. Hudner asked what the motivation for the particular project. Ms. Bradley stated that there were not many areas of the state that will provide handicap access and that this area could get people interested in the community. This project was in answer to many requests over the years to have a kayak accessible area.

Chair Cervenka asked about storage of the platform during off season. Mr. Duarte stated that the highway crew would disassemble the float and store it at the parking lot over the landfill – not far from the site. The float would be accessible from Spring to Fall.

Ms. Collie asked if the Town had asked for opinion from anyone with a disability to make sure it is accessible. Mr. Duarte stated that the Building Official was very knowledgeable in accessibility regulations. Mr. Duarte also stated that they will make sure it is accessible during low and high tides to keep credibility with ADA compliance.

Hearing no other comments, Mr. Sahagian motioned, seconded by Mr. Hudner, to close the public hearing. Motion carried.

Mr. Sahagian, stating that the project serves a compelling public service and meets the Special Exception criteria, motioned for approval of Special Exception. Mr. Hudner seconded the motion.

Chair Cervenka commented that a compelling public purpose was established and satisfies the special exception criteria.

Mr. DeSisto did a roll call vote.

Mr. Sahagian Yes
Ms. Gomes Yes
Mr. Hudner Yes
Mr. Coia Yes
Chair Cervenka Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Ms. Collie Yes

Mr. Coia motioned, seconded by Mr. Hudner, motioned for the approval of the application.

Motion carried on a unanimous voice vote.

6. APPLICATIONS REQUIRING A PUBLIC HEARING FOR SPECIAL EXCEPTION REQUEST AND ARE BEFORE THE COUNCILFOR DECISION:

2016-12-011 ANTHONY J. VICTORIA REVOCABLE TRUST -- Construct and maintain: an “as built” snow fence extending from the base of the restored dune to 46 feet seaward on the beach berm. The fence extends into the swash zone at times of higher than normal wave energy and/or astronomical tides. The fence requires a Special Exception to the Coastal Resources Management Plan Sections 210.1.D.3 Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose of the project is to preserve or enhance the area as a natural habitat for native plants and wildlife. Located at plat J, lot 25; 110 Sand Hill Cove Road, Narragansett.

2017-01-049 WHEELHOUSE PROPERTIES RI, LLC -- Construct and maintain an “as built” snow fence from the base of the dune to 40+/- feet seaward on the beach berm. The snow fence will extend into the swash zone at times of higher than normal wave energy and/or astronomical high tides. This requires a Special Exception under the Coastal Resources Management Plan Section 210.1.D.3. Alterations to beaches adjacent to Type 1 and Type 2 waters are prohibited except where the primary purpose is to preserve or enhance the area as a natural habitat for native plants and wildlife. Located at plat J, lot 15; 130 Sand Hill Cove, Narragansett, RI.

Continued (see above -- roll call of applicants).

 

8. ADJOURN

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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