In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, April 10, 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
Don Gomez
Jerry Sahagian
Ron Gagnon, DEM Rep
Mike Hudner
Joy Montanaro
Michelle Collie
Lisette Gomes

Members Excused
Trish Reynolds

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Rich Lucia, Spv Civil Engineer
James R. Boyd, Coastal Policy Analyst
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

Chair Cervenka called for approval of minutes:

• March 27, 2018
  • Motion: Vice Chair Coia
  • Second: Mr. Hudner
  • Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None were heard.

4. STAFF REPORTS

Mr. Fugate reported on the following:

Federal Consistency Workshop was held at Alton Jones in conjunction with NOAA. Chair Cervenka and Mr. Gomez were in attendance. Fairly well attended and very productive – Wind farms – Background information to the Council regarding BOEMS offshore leases to Deepwater Wind, Vineyard Wind, & Danish Oil and Natural Gas.

Deepwater Wind submitted to CRMC for their project as it comes within the Ocean SAMP boundaries.

Vineyard Wind submitted their Construction Operation Plan to BOEM and it was deemed satisfactory to review. Vineyard wind submitted to CRMC voluntarily for a consistency determination.

Workshop to be held on April 19th at the Ryan Center at URI and prior to that Workshop they will meet with the Fishermen’s Advisory Board regarding Vineyard Wind proposal and start the NEPA process.

CRMC is expecting a submittal from Dong/Orstead/Bay State Wind within the next couple of months.

“Green Infrastructure for the Coast” Workshop was held today to try to educate about coastal erosion and climate change. Most of the projects are in cooperation with CRMC and other partners.

Another Arm of BOEM deals that with offshore leasing of sand and gravel in NH later this month looking at offshore sand and gravel resources –Rhode Island is the State Lead on this cooperative venture with the Feds for nourishment offshore.

NOAA meeting on April 27th to discuss potential for offshore oil and gas.

California has asked through NOAA to have either Jeff Willis or Grover Fugate to go to CA for their Federal Review to because of RI’s work on coastal resiliency.

Mr. Gomez stated that the two reports pamphlets distributed at Alton Jones was very informative and would like to get copies for each Council member.

Chair Cervenka asked about the review timeframe for Vineyard Wind. Mr. Fugate stated that a mutual agreement will be written and agreed upon by both parties and filed with NOAA. Mr. Fugate estimated that the Vineyard Wind federal consistency would not be ready for the Council review for approximately one year.

Chair Cervenka checked for applicant attendance.

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

2017-10-124 TIMOTHY R. ROSNER -- Construct and maintain a residential boating facility consisting of a fixed pier, ramp and float to extend a total length of approximately 149 feet. A variance to Section 1.3.1.D.11(l) to extend to 75’ beyond Mean Low Water (MLW). Located at plat 15, lot 7; 15 Seaconnet Avenue, Portsmouth, RI.

Mr. Lucia gave a brief overview of the application stating that the applicant was requesting a boating facility which required a variance as the dock would extend 75’ beyond MLW to reach 18’ depth of water at MLW with an overall length of 149 feet. Mr. Lucia stated that an objection was received based on navigational impacts because of the shallowness of the cove. Mr. Lucia stated that upon staff request, the applicant’s engineer submitted an aerial photo showing that the dock would be approximately 285’ from shallow sandbar. Mr. Lucia stated that CRMC Marine Infrastructure Coordinator Danni Goulet, who is also the operator of CRMC’s research vessel, the Jack Reed, stated that there should be no additional impacts from construction of the facility. Mr. Lucia stated that based on all information reviewed, staff had no objections to the proposed facility.

There were questions from Council to staff.

The applicant was sworn in and identified himself for the record as Tim Rosner. Mr. Rosner stated that he agreed with staff’s view point of the project. Thanked the Council for time and effort.

Chair Cervenka inquired as to whether Mr. Rosner had communicated with the objector. Mr. Rosner stated that he had not, he didn’t know if it was appropriate. Mr. Lucia was unsure if CRMC staff member Ms. Silva, who was lead on the project, had spoken with the objector.

Ron Blanchard was sworn in and identified himself for the record.

Mr. Hudner asked what the water depth was at 50’. Mr. Blanchard stated that the water depth at 50’ from MLW was approximately 15”.

Chair Cervenka asked Mr. Blanchard to summarize the variance criteria for the Council. Mr. Blanchard stated that in order to obtain the 18” water depth, a 25’ variance is required.

There were no further questions for applicant.

David Gleason, who objected to the application came forward, was sworn in and identified himself for the record. Mr. Gleason disclosed that he was a member of the Portsmouth Town Council but that he was there in a personal capacity not on behalf of the Town.

Mr. Gleason distributed an aerial and location map (marked as Exhibit A and B) while explaining to the Council that he uses Blue Bill Cove on a regular basis. Mr. Gleason stated that he was concerned with the shallowness of the area and that the dock will impact use of the area. Mr. Gleason stated that there was already a fixed pier that existing in this area. His concern was also that precedence would be set for future property owners.

Mr. Gleason stated that he had not seen the staff report which stated that the determination is such that it will not have negative impact. Chair Cervenka stated that the Council looks to CRMC staff and their expertise to be able to make informed decisions. Chair Cervenka asked if he had consulted any engineers or professional to back up his concerns. Mr. Gleason had not.

Mr. Fugate explained to Mr. Gleason that if Mr. Rosner sells the property prior to constructing the dock, the new property owner has the opportunity to construct the dock. Mr. Fugate further explained that Mr. Rosner would have the responsibility of having his assent recorded in the land evidence records.

Mr. Gleason confirmed for Mr. Hudner that the understood that the variance was for the 25’ and not the entire structure and that the applicant is required to have at least 18” of water at the end of the dock.

Mr. Hudner stated that he drove by the site every day and that the new dock would be further from the sandbar than the existing dock that is in the area.

Public Comment period was closed.

Mr. Sahagian motioned, seconded by Mr. Hudner, for the approval of the application with staff stipulations. Motion carried on unanimous voice vote.

2017-03-100 DAVID MERCIER -- Construct and maintain a residential boating facility consisting of a 4’ x ~100’ ramp and fixed pier structure (with fiberglass grate deck) extending ~64’ seaward of the cited MLW mark. The project requires a 14’ length variance and a 25’ (100%) setback variance to RICRMP Section 1.3.1(D) (previously known as Section 300.4) requirements. The project site contains areas of submerged aquatic vegetation (SAV). Located at plat 90-1, lot 10; 98 Maple Drive, South Kingstown, RI.

Ms. Silvia gave a brief overview of the application to the Council stating that she had been working on the review of the application since the submittal of the Preliminary Determination and had gone through several options with the applicant. Ms. Silvia stated that the application was objected to by the abutter for property line encroachment and the Town of South Kingstown Waterfront Commission for length. Ms. Silvia stated that an ACOE approval was received. Ms. Silvia explained that the facility required a 14’ length variance. Ms. Silvia stated that if the Council approved the project, revised plans would need to be submitted to show property line extensions. Ms. Silvia stated that the proposed area is the only area feasible to get the sufficient water depth which is about 24”. Ms. Silvia stated that there was “witching grass” in the area and that the orientation of the dock would shade the grass but that there was no alternative. The applicant had proposed experimental grading material, but without sufficient data regarding the effectiveness of the material, CRMC is not really considering that and stipulating no berthing in the SAV area.

Chair Cervenka asked about CRMC collecting information on the experimental material. Ms. Silvia stated that monitoring would be required which can be somewhat inconsistent and that most of the time there is no information to compare collected information to. Mr. Fugate added that due to staff cuts, CRMC does not have the staff to take the monitoring reports and try to do a proper analysis.

Ms. Silvia stated that staff feels applicant has done what they can to place the dock where we have asked for as far as the location of the SAV and that there is another dock in the area giving 50’ between the two docks.

Ms. Silvia stated that staff recommended approval of the facility with three stipulations: prohibition of floats at this facility going forward, revised plans noting property line extensions, and, if requiring lateral access, revised plans to show lateral access. Ms. Silvia stated that typically lateral access is not required for this area.

Mr. Gomez questioned lateral access. Ms. Silvia and Mr. Fugate both confirmed that due to the location of the property, there is no area to traverse without being in the water.

Mr. Sahagian asked if the applicant was aware of the additional stipulations. Ms. Silvia stated that she was corresponding with the applicant’s engineer. Ms. Silvia confirmed for Mr. Sahagian that CRMC staff believes that the applicant did the best they could to meet staff’s environmental concerns.

Ms. Silvia confirmed that the Town of Portsmouth had not been actively objecting to the application for at least a year.

There were no further questions of staff.

Attorney Donald Packer was present to represent the applicant, as well as Ernie George, PE, and the applicant, David Mercier.

Mr. Packer addressed the Council stating they had not been informed of the Town of South Kingstown’ meeting in which Mr. Mercier’s application was discussed. Mr. Packed confirmed agreement with the stipulations of staff stating that if the fiberglass materials were not required they would provide revised plans using traditional materials. Mr. Packer stated that they were available to answer Council questions. Mr. Fugate and Ms. Silvia stated that ACOE would need to review again for SAV if traditional materials used but that CRMC would work with ACOE.

There was not public comment.

Mr. Sahagian motioned to approved the dock and authorized staff to go to the ACOE for approval and if ACOE is not okay with traditional materials, default to originally proposed materials; also, revised plan for sideline extensions. Mr. Hudner seconded the motion. Motion was carried on a unanimous voice vote.

6. PROGRAM CHANGES BEFORE THE FULL COUNCIL FOR DECISION:

Shoreline Change Special Area Management Plan (Beach SAMP)

Adoption of Shoreline Change Special Area Management Plan (Beach SAMP):

• Chapter 3 - Assessing Coastal Hazard Risk;
• Chapter 4 – RI’s Exposure to Coastal Hazards, and;
• Chapter 5 – CRMC Coastal Hazard Application Guidance.

The Beach SAMP will be a guidance document. Therefore, it will not be adopted pursuant to the state Administrative Procedures Act. The CRMC Coastal Hazard Application process described in Chapter 5 will be implemented through a regulatory amendment to the Red Book (650-RICR-20-00-1) at a later date.

Chair Cervenka introduced three chapters of the Shoreline Change Special Area Management Plan for vetting before the full Council as a guidance document not a regulation change to the RICRMP.

Mr. Fugate briefed the Council stating that the document had been under development for a year and it was intended to be a guidance document to help the applicant prepare a coastal risk analysis. Mr. Fugate stated that there would be redbook changes once the final plan is completely adopted. Mr. Fugate stated that the review process included input from Rhode Island Builders Association, local realtors, Stakeholder input, Salt Pond Coalition and Conservation Law Foundation.

CRMC has not received any other comments or objections.

Mr. Fugate recognized former Council Member Paul Beaudette who had worked on the Beach SAMP during his time on the Council.

Mr. Fugate stated that RI will be in a leadership position in the country with this very advanced document.

Mr. Gomez stated that the Conservation Law Foundation letter was well written and that they had some good recommendations. He asked if any of their recommendations were incorporated. Mr. Fugate confirmed that they did make a few changes based on their recommendations.

Mr. Gagnon asked if the applicant’s permit would reflect whether or not they met the recommendations of the SAMP. Mr. Fugate stated that the applicant chose the design life and then the process goes from there.
Chair Cervenka stated that the chapters provided current, best available information on risk, seal level rise and erosion.

Mr. Fugate stated that Dave Caldwell, President of the Rhode Island Builders Association is completely behind CRMC’s efforts with the SAMP.

Mr. Fugate confirmed for Mr. Gomez that the funding for StormTools has been provided in the Governor’s budget to continue working with URI to maintain and assist them in the future.

Mr. Fugate stated that the future changes to the Red Book will direct people to this SAMP to do the analysis. Mr. Boyd confirmed that those Red Book changes are underway.

Mr. Hudner asked if other states were considering programs such as this. Mr. Fugate stated that California was looking at similar ideas but no other State.

Mr. Boyd stated that the regulatory changes need to go through the Office of Regulatory Reform and out to public notice before they are brought before the Council. Mr. Boyd explained the Worksheet that the applicant will need to submit with their application showing that they followed the process and it will provide information to the permit staff.

Mr. Fugate recognized Theresa Crean of URI, who has done a tremendous amount of work that has allowed CRMC to get where we are.

Mr. Fugate stated that there is a lot of work being done with the Towns on Chapter 6: Municipal and State Consideration.

Chair Cervenka opened the public hearing.

Paul Beaudette, former Council Member, spoke about his experience with the creation of the SAMP and encouraged members to approve the document. Mr. Beaudette asked about House Bill H8033 regarding municipalities giving tax breaks for coastal impacts. Mr. Fugate stated that CRMC did not propose that legislation and that the origin of the bill was from the realtors. Mr. Fugate stated that the bill stated that if improvements are made to increase resiliency of a structure, a municipality would not penalize the property owner for the improvements by increasing value of property. Mr. Fugate hopes it acts as an incentive to property owners to increase the resiliency of their structure.

Chair Cervenka closed the public hearing.

Mr. Gagnon motioned, seconded by Mr. Gomez, for the approval of the SAMP chapters. The motion carried on a unanimous voice vote.

9. ADJOURN

Mr. Hudner motioned, seconded by Ms. Gomez to Adjourn.
Motion carried on unanimous voice vote. Meeting adjourned at 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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