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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, September 26, 2017 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Acting Chair
Don Gomez
Ron Gagnon, DEM
Rep Jerry Sahagian
Joy Montanaro
Trish Reynolds
Michelle Collie
Lisette Gomes

Members Excused
Jennifer Cervenka, Chair
Mike Hudner

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
David S. Reis, Spv Environmental Scientist
Richard Lucia, Spv Civil Engineer
Anthony DeSisto, Legal Counsel


1. CALL TO ORDER

Acting Chair Coia called the meeting to order at 6:10 p.m. and expressed his deepest condolences from the Council to Chair Cervenka on the passing of her Mom.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Acting Chair Coia called for approval of the minutes from the previous meeting.

Mr. Sahagian motioned, seconded by Mr. Gomez, for the approval of the minutes from the September 12, 2017 Semimonthly meeting. Motion carried on unanimous voice vote.

3. STAFF REPORTS

Mr. Fugate reported the following to the Council:

  • Thursday, October 12 - Shoreline Change Special Area Management Plan (Beach SAMP) Stakeholder Meeting. URI Narragansett Bay Campus, Corless Auditorium, South Ferry Road, Narragansett, RI. 6:00 – 8:00 p.m.

4. SUBCOMMITTEE REPORTS

None were heard.

5. APPLICANT ATTENDANCE

Acting Chair Coia took roll call of applicants and objectors in attendance

6. APPLICATION REQUESTING FINAL EXTENSION OF ASSENT BEFORE THE COUNCIL:

A2005-01-051 DAVID & BETHANN WELCH – Demolish existing dwelling; Construct and maintain a 3-br single-family residence, serviced by a well and new denitrifying ISDS. Located plat 95-4, lot 31, 864 Charlestown Beach Road, South Kingstown, RI.

David Welch was sworn in and identified himself for the record. Mr. Willis stated that the Welches were asking for a fourth and final Assent Extension and that there was no objection from Staff. Mr. Welch explained that he and his wife purchased the property three years ago with plans to build but recently they purchased the property across the street and were unsure of which one they would develop. Mr. Fugate explained the regulations for extension and confirmed for Mr. Sahagian that the Welches were eligible for a final one year extension.

Mr. Welch asked for clarification of what needed to be completed within one year. Mr. Fugate stated that they had one year to erect the shell.

Mr. Sahagian motioned, seconded by Ms. Collie, for a one year extension. Motion carried on a unanimous voice vote.

7. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:

2017-03-047 MICHAEL & JACQUELINE McVICKER – Construct a new single family dwelling, garage, pool, patio and pervious paver driveway. The dwelling will be connected to municipal sewer and water service. Rooftop runoff is to be infiltrated in subsurface chambers. Located at plat 30, lot 16; Old Beach Road, Newport, RI.

Turner Scott, Esq was present representing applicant, along with Jeremy Rosa from Northeast Engineers. Representing Margaret Palmer, Trustee was Attorney Mathew Leys of Corcoran Peckham and Hayes.

Mr. Rosa of NE Engineers was sworn in and identified his self for the record. Mr. Rosa explained that the application materials for the applicant had been submitted through Northeast Engineers.

Mr. Reis gave a brief overview of the application for the Council stating that the property was located in Newport on the opposite side of Old Beach Road, away from water. Mr. Reis explained that a freshwater street was located in the surrounding area which fed a reservoir. Mr. Reis stated that stipulations were offered to the application regarding the easement of the waterline ensuring that the waterline would be constructed first, and that once the water line was constructed, CRMC would be contacted to confirm conformance, after which the dwelling could be constructed. CRMC staff engineer conducted a stormwater review based on report provided to staff through their application. Mr. Reis stated that the application review had been completed and set to be issued when an objection was received regarding soil and stormwater runoff. Mr. Reis and Mr. Lucia reviewed the application based on information in the objection and determined that the stormwater management applied for had met the criteria set and staff had no objection to granting a permit.

Mr. Reis confirmed for Mr. Sahagian that the application was reviewed as a Category A and was ready to be issued until objection of soil infiltration rate and soil compaction technique was received.

Mr. Gomez asked if assent would be withheld until such time as confirmation of compliance to waterline extension had been given. Mr. Reis stated that the compliance confirmation would be a condition of the assent which applicant needed to be able to conduct work. Mr. Fugate explained that if not in compliance the property owner would be in violation of the Assent. Mr. Reis stated that he had a good relationship with attorney and engineer and that his level confidence was that they would follow their assent.

Mr. Gomez asked if soil would be compacted or replaced.

Mr. Reis stated that the plans called for the aeration of soil by turning over which was in the stormwater manual Mr. Reis stated that the CRMC would accept either aeration of the soil or soil replacement.

Mr. Reis confirmed for Mr. Gomez that the area over the infiltration chambers will be seeded over.

Mr. Lucia explained his engineering review of the stormwater management proposal for this single family dwelling project stating that there would be compaction near infiltrator which in many cases would require aeration of soil. Soil testing was performed prior to application submittal showing infiltration of a little better than a 1⁄2 inch per hour and another test was performed after objection showing 3.2 inches per hour after compaction. Mr. Lucia stated that he felt the applicants had shown due diligence and met the requirements of stormwater manual. Mr. Lucia stated he had no objections with the issuance of their assent.

Mr. Scott stated that the applicant had valid easements, presented an alternative main line, received a building official sign off and there would be flagging for trucks so as to not add to the compaction.

Objectors spoke:

Matthew Leys, Attorney present for Margaret F. Palmer, Trustee of 236 Eustis Avenue in Newport which is close to subject property. Mr. Leys pointed out location of properties on Tax Map in Agenda packet. Mr. Leys stated that two lots to the east of clients’ property on tax map have long been modestly developed properties but that presently both lots are under development with proposed plans that will cover the lot with impervious pavers. Mr. Leys explained that there was a moat that goes around Easton’s Pond that empties into Easton’s Beach and that his client, living in the area, uses, walks and drives this section every day. Ms. Palmer stated that the area floods once or twice a year and the road is shut down due to flooding. Ms. Palmer is concerned that further development will increase the flooding. Ms. Palmer stated that she believes there is intentional compaction being performed on the site which will not allow water infiltration. Mr. Palmer is also concerned that other surface areas, pavers and blue stone, would not be pervious. Mr. Leys stated that they had retained an engineer to review the plans and he agrees with staff report for stipulations but would like to add clarification and additions that they feel are appropriate.

Ms. Margaret Palmer was sworn in and identified herself for the record. Ms. Palmer explained that she owned 236 Eustis Avenue in a trustee capacity since 1996. Ms. Palmer stated that the current state of the property at 185 Old Beach Road was vacant with lawn. Ms. Palmer expressed concern about lot 183 Old Beach Road as well stated that a similar development plan was being drawn using the same engineer and environmentalist. Mr. Scott confirmed that his client does not own both properties. Ms. Palmer stated again that even after treatment of runoff in the area, there is still flooding in Old Beach area and Easton’s Beach which causes road closure a few times a year.

Derick Hopkins, PE, was sworn in and identified himself as Derick Hopkins, PE of Narragansett Engineering. Mr. Hopkin’s background was discussed and he was qualified as an expert witness in engineering for the State of RI.

Mr. Leys asked to submit a report from Mr. Hopkins but as it was not submitted within the appropriate 5 day regulation, document could not be entered. Mr. Hopkins read from the document for the record.

Mr. Hopkins concerns were regarding soil aeration in the patio area and the driveway area asked that they receive the same treatment. Mr. Lucia explained that based on the RI Stormwater regulations, patios were not required to be treated.

Mr. Reis confirmed for Mr. Hopkins that his CRMC Biologist report does have a stipulation asking for engineer certification and building official approval of stormwater management. Mr. Lucia explained that pool areas also do not require treatment and that staff recognized that the applicant was trying to meet city requirements that are above and beyond what the state requires.

Mr. Sahagian acknowledged that it is very rare that the Council reviews a Category A application without a substantive objection that have been approved by Mr. Willis and Mr. Fugate and that he is ready to make a motion to approve with staff stipulations.

Mr. Scott acknowledged staff report and stipulations stating that the plans are great and easily followed.

Mr. Reis stated that Mr. Hopkins report asked very fair questions that CRMC took seriously and that staff did a further review of the project.

Mr. Sahagian motioned, seconded by Mr. Gomez, to approve the application with staff stipulations.

Motion carried on a unanimous voice vote.

8. APPLICATION REQUESTING MODIFICATION OF ASSENT BEFORE THE COUNCIL:

2016-09-012 W. H. PROPERTIES -- Maintain an as-built boating facility consisting of a 3’ x 12’ wooden ramp and two 5’x 20’ floats. The facility extends 47’ beyond mean low water to a depth of approximately 7 feet. The boating facility is associated with a commercial property (Bridge Restaurant and Bar). Located at plat 56, lot 10; 37 Main Street, Westerly, RI.

The applicants were not present without request for continuance. Application will be scheduled a second time.

8. ADJOURN

Ms. Reynolds motioned, seconded by Mr. Gomez, to adjourn.

Motion carried on unanimous voice vote. Meeting adjourned at 7:15 p.m.


Respectfully submitted,

Lisa A. Turner
Recording Secretary

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