In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, January 23, 2018 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

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

Members Excused
Michelle Collie
Mike Hudner

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Rich Lucia, Spv Civil Engineer
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, Legal Counsel
John Longo, Legal Counsel

1. CALL TO ORDER

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

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Vice Chair Coia motioned for approval of minutes, seconded by Mr. Gomez. The motion to approve
the minutes carried on a unanimous voice vote.

3. SUBCOMMITTEE REPORTS

Chair Cervenka reported that a Rights-of-Way Subcommittee Meeting was held earlier at 5:45 p.m. and voted to recommend to the Full Council at the next noticed meeting for the designation of four Rights of Way for Baker Street, Beach Street, Bridge Street, and River View Drive in Warren.

4. STAFF REPORTS

Director Fugate reported on the following:

• Official notification received from the Governor’s Office announcing that Council Member Raymond Coia has been appointed as the Vice Chair of the Council. Congratulations Vice Chair Coia!
• Ms. Dwyer has sent links to Council citing articles regarding the Council. One such article is in the Providence Business News about work CRMC is doing for the Beach SAMP. This is the first of a three part series.
• The Bureau of Ocean and Energy Management had scheduled a visit on the week of January 22 (this week) to talk about the five-year oil and gas expiration program. Unfortunately it has been postponed due to the Government Shutdown but will more than likely be rescheduled. CRMC will be involved because of the touch policies on oil regulated through the Ocean SAMP. Mr. Fugate explained the 5 year plan process for leasing a site for oil companies. Mr. Fugate stated that the majority of the eastern seaboard is against this.

5. Chair asked for roll call of Applicant attendance.

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

2017-03-011 SPRAGUE OPERATING RESOURCES, LLC. -- Construct and maintain a new breasting dolphin at the northwest corner of the existing pier to allow safe berthing of ships. The project will also remove debris from the bottom of the harbor in the vicinity of the proposed dolphin. The project has a variance request due to the inability to meet the setback distance from the federal channel. Located at plat 007, lot 001-10; 0 Pier Road, East Providence, RI.

Chair Cervenka recused herself and Vice Chair Coia handled the proceedings.

Mr. Goulet gave a brief overview of the application stating that the applicant was proposing to replace a turning dolphin that has been destroyed in response to a request from the harbor pilot. Mr. Goulet stated that the location will be changed to the best location for the pilots to safely berth their ships. Mr. Goulet confirmed that the new location required a variance for the channel setback and that the previous dolphin was also within the setback, which is three times the channel depth. The required setback would be 120 feet but the proposal is for 64’. Mr. Goulet stated that the applicant, the harbor pilots and CRMC met to discuss safety concerns and the proposal before the Council meets the safety concerns of the pilots and CRMC regulations. For that reason, CRMC staff recommends granting of the variance and recommends approval of the application with staff stipulations.

Todd Turcotte, Project Manager for Sprague Operating Resources, was sworn in and identified himself for the record. Mr. Turcotte agreed that all parties worked well together and that the solutions and stipulations were agreed upon by all parties.

Vice Chair Coia asked if anyone wanted to speak in favor or against the application. No response was heard.

Mr. Gomez asked about the approval from the Army Corps of Engineers. Mr. Fugate stated that the CRMC acts before the Federal entity.

Mr. Sahagian motioned, seconded by Mr. Gagnon, for the approval of the application based on staff recommendation.

Motion carried on a unanimous voice vote.

• CRMC Legal Counsel Anthony DeSisto recused himself for the remainder of the meeting and was replaced by CRMC Legal Counsel John Longo.
• Chair Cervenka came back on record for the remainder of the meeting.

2017-05-036 EAST BAY COMMUNITY DEVELOPMENT CORPORATION -- Demolition of existing structures and construction of 12 low and moderate income residential multi-family structures, a management office/maintenance garage, paved roadway, parking areas and walkways. Also, landscaping, utilities and stormwater management systems. Located at plat 28, lots 246, 248, 249, 263, 72 & 73; 91 and 97 Sowams Road, Barrington, RI.

Mr. Lucia gave a brief overview of application stating that the applicant was proposing a 6 lot subdivision to replace former commercial nursery. The subdivision would provide 12 low and moderate income multifamily units (40) serviced by sewers, roadways and stormwater management. Mr. Lucia explained that the site abuts Type 2 waters and will maintain a 200 foot buffer zone subject to a conservation easement. Mr. Lucia confirmed that the applicant had secured all applicable approvals from State and Local agencies with DEM Water Quality requiring a soil cap in order to provide a physical barrier from on-site contaminants from the old nursery that existed at the site. This site also requires an environmental land usage restriction which limits activity on the site to provide protection to the soil cap. Mr. Lucia stated that the project required a 15-foot construction setback variance which the applicant addressed in writing and the staff has no objection to the granting of this variance. Mr. Lucia stated that there were a number of comments and objections received and that the CRMC staff defers to the Council for consideration. Mr. Lucia concluded with CRMC staff has no technical objections to the issuance of this CRMC assent with staff stipulations including stormwater stipulations, buffer zone and planting stipulation, notification of restoration work stipulation, copy of environmental limited use restriction to provide within 30 days of recording, and lastly, that no dock or shoreline access path is allowed to protect the existing wetland.

Mr. Sahagian asked about the staff recommendation. Mr. Fugate stated that if staff has no programmatic concerns or issues with the project but there are objections, staff will defer for the Council, who act as hearing officer, to hear from the objectors and applicant. Mr. Fugate further explained that the application could have proceeded under the 110 review if not for the objections.
Chair Cervenka inquired about a local preliminary comprehensive permit. Mr. Willis stated that as part of the Town comprehensive review process, the town would require State environmental approval before they can issue a final decision.

Chair Cervenka confirmed with staff that during review the application was found to be consistent with the six variance criteria. Mr. Lucia confirmed that staff determined the work being done within the setback was very minor grading (depressions) for the bio-retention areas and swales and had no objection to that work. Mr. Fugate stated that work done on a temporary basis within the setback is not usually a staff concern. Mr. Lucia confirmed for Chair Cervenka that within the setback there will be a pervious walkway as well.

At the request of Mr. Gomez, Mr. Lucia explained that the erosion is being controlled by treated runoff which will be treated through dry swales, tree filters, and fire retention. Mr. Lucia confirmed that any maintenance required to the stormwater management systems would be stipulated in an operation and maintenance plan approved by CRMC.

Chair Cervenka asked about the proposed conservation easement. Mr. Lucia stated that the conservation easement had not been recorded and executed as of yet but that there is a conservation easement that limits what they can do on the buffer area. Adding a conservation easement to the buffer makes it a little more stringent.

Chair Cervenka asked about storm tools and assessing potential risks from sea level rise. Mr. Lucia Mr. Lucia explained that the structures would be outside the area of Sea Level rise. Mr. Fugate stated that the structure is out of the 100 year storm surge area. Mr. Willis stated that the Conservation Easement is useful for sea level rise as it will help with long-term marsh migration.

Christian Capizzo, Esq., from the law firm, Partridge Snow and Hahn was present on behalf of the

applicant. Mr. Capizzo stated that the information presented on the application was accurately reflected by CRMC staff. Mr. Capizzo introduced as Exhibit 2, the state and local permitting documents required by the project. Mr. Capizzo also submitted, as Exhibit 1, an email that he had received from James Byrne, US EPA Region 1, as the project is targeted by the EPA’s brownfield assessment. Mr. Capizzo explained the permitting sequence that the project has been through both federal, local and through the court system after approvals had been appealed in which the Barrington Planning Board’s decision was affirmed in Superior Court by Judge Procaccini. Mr. Capizzo stated that the CRMC approval was the last required before they go back before the Town.

Mr. Capizzo stated that Diane Medeiros, Executive Director of the East Bay Community Development Corporation was present as well as Frank Spinella from FJS Associates and Sam Hemenway from Fuss and O’Neill to answer questions of the Council.

Chair Cervenka asked Mr. Capizzo is the applicant agreed with staff stipulation. After conferring with his client, Mr. Capizzo confirmed agreement with staff stipulations.

Sam Hemenway was sworn in and identified himself for the record. At the request of Chair Cervenka, Mr. Hemenway addressed the variance criteria explaining that the variance was needed for the grading associated with the stormwater management facilities required for the site. Mr. Hemenway also explained the remedial activity that would take place on areas that are disturbed.

There were no further questions for Mr. Hemenway.

Objectors:

Les Costa was sworn in and identified himself for the record as a resident of Barrington. Mr. Costa explained that he was on of a group of people who are not satisfied with the construction on the site. Mr. Costa asked if reports were necessary to supply to CRMC in regards to stormwater. Mr. Costa also expressed concern in regards to the stormwater system maintenance. Mr. Lucia explained that if the stormwater system was not maintained in accordance to the operation and maintenance agreement, they would be in violation of their permit and enforcement action would take place.

Jerald Diebold was sworn in and identified himself as a research chemist. Mr. Diebold informed the Council of some of the toxic chemicals that were found on the site one being the carcinogen, arsenic, and the legal limits of arsenic found in the soils. Mr. Diebold explained the bio-magnification effect that takes place with arsenic meaning that higher concentrations can come out when plants are grown in soil containing arsenic, using Rice as an example. Chair Cervenka explained that the RIDEM gave approvals for stormwater management and soil erosion. Mr. Diebold expressed his extreme concern regarding the possibility of pollution that would be introduced to the water in the area. Chair Cervenka explained that RIDEM was tasked with the permitting of remedial action work plans and management of contaminants and that those approvals were submitted as required to CRMC along with application materials.

Kevin Doyle was sworn in and identified himself for the record. Mr. Doyle expressed his concern on whether or not the swales will handle the runoff based on the population density of 40 living units on 5.6 acres of property. Mr. Doyle stated that his concern was for the health of the river if the stormwater management systems in place failed.

Jeremy Doyle was sworn in and identified himself for the record as a resident of the community of Hampton Meadows. Mr. Doyle stated that the project was not appropriate for the spot as the Palmer River is polluted already and he is concerned that the development will have a detrimental impact on the river and on the community of Hampton Meadows.

Chair Cervenka asked Mr. Lucia to address the impact on the river. Mr. Lucia stated that the applicant’s designer had put in swales to reduce nitrogen and dissolved oxygen to the Palmer River which meets the requirements of the RI State Design Stormwater Manual.

Kevin Doyle returned and expressed concern that this site would not be safe with all those stormwater management practices in place as each situation is unique and different.

Chair Cervenka explained that staff engineer, Rich Lucia, spent considerable amount of time reviewing the plans and that it meets the State standards for stormwater management. Mr. Lucia stated that RIDEM also reviewed the stormwater management at the same time.

Mr. Capizzo asked to address some of the points made from the objectors.

Mr. Hemenway from Fuss and O’Neill addressed the concerns of the commenters explaining that all calculations were performed specifically for this site. Mr. Hemenway also stated that the swale discharge were designed to convey from eastward towards the setback and then to the buffer areas and then ultimately to the vegetated wetland and then on to the Palmer River. The system was specifically designed to avoid erosive velocities and deposition of sediments or pollutants in the buffer area. Mr. Hemenway confirmed that they had followed the four step process with RIDEM and a remedial action plan was proposed to RIDEM and subsequently approved.

Mr. Gagnon asked about design storm review. Mr. Hemenway stated that the swales were designed for 25 year storm but reviewed for a 100 year storm.

Mr. Sahagian asked Mr. Lucia if he agreed to all that Mr. Hemenway testified to. Mr. Lucia stated that he had reviewed Mr. Hemenway’s reports and agreed.

Chair Cervenka closed the public comment period.

Mr. Gomez motioned to approve the application bases on comments and staff report stating that technically everything was in order and all concerns had been addressed. Mr. Gomez confirmed that his motion included the six conditions presented in the staff report.

Mr. Sahagian seconded the motion.

Motion carried on unanimous voice vote.

9. ADJOURN

Mr. Sahagian 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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