...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, February 27, 2018 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.
Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Michael Hudner
Ron Gagnon, DEM Rep
Trish Reynolds
Don Gomez
Joy Montanaro
Members Excused
Jerry Sahagian
Michelle Collie
Lisette Gomes
Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Caitlin Chaffee, Coastal Policy Analyst
David Reis, Spv Environmental Scientist
Danni Goulet, Marine Infrastructure Coordinator
Anthony DeSisto, 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
Regarding the minutes of the Tuesday, February 13, 2018 meeting, Chair Cervenka asked for clarification on the motion made for the Edward St Angelo dock which stated that if lateral access falls below 5’, a modification redesign was required. The minutes stated 5’7” instead of 5’. A correction was requested to reflect the correct footage as per the motion.
Mr. Hudner motioned to have the minutes amended. Vice Chair Coia seconded the motion. Motion to amend minutes was approved on a unanimous voice vote.
3. SUBCOMMITTEE REPORTS
Mr. Willis reported to the Council that the Planning and Procedures Subcommittee was seeking Council concurrence to begin rule making processes on two proposed changes to the Rhode Island Coastal Resources Management Program (RI CRMP):
The Council concurred to begin rule making process on both proposed changes to the RI CRMP.
4. STAFF REPORTS
Director Fugate reported on the following:
Chair Cervenka asked for roll call of Applicant attendance.
5. Coastal Habitat Restoration Trust Fund Applications Before The Council For Review And Decision:
The RI Coastal Habitat Restoration Team’s Technical Advisory Committee (TAC) convened on Tuesday, February 13, 2018 to rank the 9 final proposals submitted to CRMC for consideration of funding under the state’s Coastal and Estuary Habitat Restoration Trust Fund. Of the proposals reviewed for the 2017-2018 funding cycle, nine are recommended for full funding.
The projects recommended for full funding are:
2017-2018 Contingency List:
Ms. Chaffee, Policy Analyst with CRMC, presented to the Council regarding the submissions to the Technical Advisory Committee requesting funding from a CRMC managed $250,000 federal appropriation of which $225,000 is designated as awards for environmental projects. Ms. Chaffee explained that every year CRMC approves funding for 10 projects (on average) based on the recommendation of a 10 member Technical Advisory Committee. Ms. Chaffee stated that this is the 14th year of the funds existence and that the State funds have leveraged over 20 million dollars to environmental projects. Ms. Chaffee stated that the committee recommended 9 projects for full funding, 4 of which are salt marsh habitat restoration projects. Ms. Chaffee talked about the submittal and review process to the Council explaining that the applications are received by a date certain, the Advisory Committee meets and screens the submittals and decides which projects will be asked to submit full proposals. The Advisory Committee will then meet a second time to review the proposals. Ms. Chaffee explained the contingency fund stating that sometimes a partial funding is awarded and a project will back out leaving funding open for another project. Ms. Chaffee explained that each project will be fully funded as submitted.
Mr. Gomez asked for a digital copy of the Little Compton projects. As discussion ends, Chair Cervenka asked for a motion.
Mr. Gomez motioned, seconded by Mr. Hudner, to approve the recommended funding. Motion carried on a unanimous voice vote.
Mr. Fugate congratulated Ms. Chaffee regarding a letter received by the Army Corps of Engineers. Ms. Chaffee is recognized throughout New England as one of the preeminent experts in terms of dealing with adaptation and saltmarsh. CRMC is very glad to have her on our staff.
6. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:
2017-09-078 IDA LEWIS YACHT CLUB – Construct and maintain a 15’ 6” x 69’ 6” timber deck expansion to be constructed over the adjacent rocky shoreline and over tidal waters on the northeast side of the existing clubhouse with existing timber deck. The Council may determine a special exception is required in accordance with the review criteria contained in RICRMP section 1.3.1(C).3(f). Located at plat 42, lots 11, 12, 13; 170 Wellington Avenue, Newport, RI.
Mr. Reis gave a brief overview of the application stating the application was for the expansion of the existing yacht club which had been built over a rocky island outcrop in Newport Harbor. Mr. Reis explained that the project was to construct a 15’6” x 69’5” timber deck expansion (1075 sq ft) over an adjacent rocky shoreline over tidal waters. Mr. Reis explained that the Council may determine special exception as per criteria contained in RICRMP Section 1.3.1c.3f. Mr. Reis stated that staff agreed that the purpose of the project is to accommodate designated prior use which is a sailing program, and that the application had examined all reasonable alternatives with this being the most reasonable. Mr. Reis explained that the staff report supports the application not being a special exception, just a category B review. Mr. Reis stated that the applicant provided a public access plan which would be working with the City to construct additional kayak racks and small craft racks adjacent to their facility at Kings Park -- Staff supports their attempt to provide public access. Mr. Reis stated that the CRMC staff engineer recommended two stipulations as the project is located in a FEMA V-zone and will be impact by large storm events – the first stipulation required approval from State Building Official which was received; the second stipulation is calculations proving that it will stand up during a storm. The applicant will provide calculations to staff engineer.
Mr. Reis stated that staff recommended approval and that the project not be subjected to special exception
Mr. Reis confirmed for Mr. Gomez that the applicant will have the public access plan construction done by Memorial Day 2018.
Mr. Reis confirmed for Chair Cervenka that CRMC will ask the applicant to work with the municipality if it is not possible to provide onsite access. We work with the municipality to find an appropriate solution for the public.
With no other questions for staff, applicant is called.
Present for the Applicant are: Attorney Steve MacGillivray, Gary Lash, representative of Ida Lewis Yacht Club, and Chris Waterson, architect and also representative of the Ida Lewis Yacht Club.
Mr. MacGillivray stated that Mr. Reis had given a good summary of the project and that he and his associates were available to answer questions from the Council.
Mr. Reis confirmed that there were no objectors to the project. Mr. Lash was sworn in and identified himself for the record.
Mr. Lash confirmed for Mr. Gomez that the building is on the national historic register but nothing else on the island is.
Chair Cervenka closed the public comment and opened for a motion.
Mr. Gagnon motioned, seconded by Mr. Hudner, motioned to approve the project without a special exception.
Motion carried on unanimous voice vote.
2017-11-054 McINNIS USA, INC. – Construct and maintain a new 40,000 MT reinforced concrete containment/storage dome, a loadout structure, an electrical equipment building and utility work at various locations on the site. Located at plat 56, lots 350, 351, 352, 355; 39 New York Avenue, Providence, RI.
Mr. Goulet gave a brief overview of the application stating that no comments were received during public notice. Mr. Goulet stated that staff’s opinion is that the material submitted by the applicant meets all of the requirements of the coastal program and that the proposal meets all the policies and goals of Type 6 waters. Mr. Goulet stated that CRMC staff recommended approval of the project.
No questions from the Council to staff.
Shawn Martin, PE of Fuss & O’Neal and Chris Waterson, representing ProvPort as its Manager were sworn in and identified themselves for the record.
Mr. Martin added information regarding the stormwater management stating that there is a land use restriction on the property which is a brownsfield property. Mr. Martin explained that the matter is before the office of wastewater management and that the project was designed in accordance with CRMC and DEM regulations. Mr. Martin stated that there is a question as to whether they should infiltrate stormwater into the ground or not using a line system. Mr. Martin also stated that they would change the imperviousness of the property by removing existing pavement. Mr. Martin explained that they would be hearing from RIDEM within a few weeks and was confident that they were likely to receive approval, the only question would be what type of system.
Mr. Goulet stated that the system design has no bearing on our approval, CRMC defers to DEM when there is an environmental land use restriction.
Chair Cervenka closed public comment.
Mr. Hudner motioned, seconded by Ms. Reynolds, for the approval of the application. The motion carried on a unanimous voice vote.
7. APPLICATIONS WHICH HAVE HAD A PUBLIC HEARING AND ARE BEFORE THE COUNCIL FOR FINAL DECISION:
2017-05-045 TOWN OF WARREN – BRIDGE STREET ROW -- Beginning at the northwesterly corner of North Water Street and Bridge Street, thence running westerly along the northerly boundary of Bridge Street one hundred and fifty-five and 25/100 (155.25’) feet to the shore of the Warren River, thence running southerly along the shore of the Warren River for a distance of thirty (30’) feet; thence turning and running easterly along the southerly boundary of Bridge Street two hundred twenty-eight (228’) feet to a point in the southerly boundary of Bridge Street, thence turning northerly across Bridge Street to the point and place of beginning.
2017-05-046 TOWN OF WARREN – BEACH STREET ROW -- Beginning at the northwesterly corner of the East Bay Bicycle Path and Beach Street, thence running westerly along the northerly boundary of Beach Street three hundred and ninety-three and 20/100 (393.20’) feet to the shore of the Warren River, thence running southerly along the shore of the Warren River for a distance of thirty-five (35’) feet; thence turning and running easterly along the southerly boundary of Beach Street four hundred fifty-eight and 78/100 (458.78’) feet to the southwesterly corner of the East Bay Bicycle Path and Beach Street, thence turning and running northerly along the westerly boundary of the East Bay Bicycle Path the point and place of beginning.
2017-05-047 TOWN OF WARREN – BAKER STREET ROW -- Beginning at the northwesterly corner of North Water Street and Baker Street, thence running westerly along the northerly boundary of Baker Street two hundred and eighty-two (282’) feet to the shore of the Warren River, thence running southerly along the shore of the Warren River for a distance of forty (40’) feet; thence turning and running easterly along the southerly boundary of Baker Street two hundred fifty- four (254’) feet to the southwesterly corner of North Water Street and Baker Street, thence turning northerly across the intersection of North Water Street and Baker Street forty (40’) feet to the point and place of beginning.
2017-05-048 TOWN OF WARREN – RIVER VIEW STREET ROW -- Beginning at the northeasterly corner of Barker Avenue and River View Street, thence running easterly along the northerly boundary of River View Street eighty (80’) feet to the shore of the Kickemuit River, thence turning and running southerly along the shore of the Kickemuit River for a distance of thirty (30’) feet; thence turning and running easterly along the southerly boundary of River View Street eighty (80’) feet to a point on the southerly boundary of River View Street, thence turning northerly across River View Street thirty (30’) feet to the point and place of beginning.
Mr. DeSisto confirmed that a title search was done to confirm title stating that all four streets are listed on a 1975 map street ordinance for the Town of Warren.
Mr. DeSisto read the description of the each of the Right-of-Ways.
Joseph DePasquale, the Warren Town Council President was sworn in and identified himself for the record. Mr. DePasquale confirmed that the designation of the four ROWs is supported by the Town of Warren. Mr. DePasquale talked about each right-of-way based on his experience on the Town Council:
Chair Cervenka also the chair of the ROW Subcommittee confirmed that the record and documents of the public hearings that were held in Warren were reviewed and that the ROW Subcommittee recommended approval of the four ROWs. Mr. DeSisto stated that there was no opposition to any of these designations during the hearing process. Ms. Reynolds confirmed that the meetings were very well attended with no opposition.
Mr. DePasquale stated that some of the locations would have an upgrade in regards to stormwater management and beautification.
Mr. Gomez asked about parking and trash removal issues. Mr. DePasquale stated that the Town is looking at rearranging the parking ordinances and looking at the best place to have parking for access areas. In terms of trash removal, they would like to have a haul in haul out policy. The Town is also looking into solar barrels for trash but need to research cost and funding. The Bridge Street location is 250’ from Warren Town beach which has a parking lot that holds 60 parking spaces. The Town is looking at trying to find the best location for dinghy storage rack and kayak rack.
Mr. Hudner motioned, seconded by Mr. Gomez, for the approval of the designation of ROWs. Motion carried on unanimous voice vote.
9. ADJOURN
Mr. Hudner motioned, seconded by Ms. Reynolds to Adjourn.
Motion carried on unanimous voice vote. Meeting adjourned at 7:15 p.m.
Respectfully submitted,
Lisa A. Turner
Recording Secretary