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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, October 23, 2018 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, RIDEM
Jerry Sahagian
Joy Montanaro
Trish Reynolds
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Laura Miguel, CRMC Enforcement
James Boyd, Coastal Policy Analyst


1. CALL TO ORDER

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

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Acting Chair Coia called for approval of minutes:

  • August 28, 2018
    Motion: Mr. Sahagian
    Second: Mr. Gomez
    Motion carried on a unanimous voice vote
  • October 9, 2018
    Motion: Mr. Sahagian
    Second: Mr. Gagnon
    Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate reported on the following:

  • Coastal States Organization Conference was held in Providence last week.
    • Thursday was a public day; Mr. Gomez attended.
    • There is much respect for the RI Coastal Program.
    • RI’s entire congressional delegation attended.

5. ENFORCEMENT CASE BEFORE THE COUNCIL FOR ORDER TO RESTORE:

2017-047 BUZ & CYNTHIA GARDINER – Restoration of unauthorized alteration of the buffer zone and wetland on your property located at Plat N-R, Lots 1229,1230, 120 Allagash Trail, Narragansett without benefit of a CRMC assent.

Acting Chair Coia recapped the outcome of the September 25, 2018 hearing in which this enforcement matter was heard. Acting Chair Coia explained that the Gardiners or their representatives were to meet with CRMC staff as necessary to submit an appropriate restoration plan or complete application no later than October 12, 2018. The restoration plan or complete application was required to be for the restoration of the property to the original or near original conditions that existed at the time of the issuance of CRMC Assent 1992-06-018. Acting Chair Coia stated that the matter would then be rescheduled to come back before the Council at the October 23, 2018 Semimonthly Meeting.

Present for the applicant:
Nicole Martucci, Esq.
Brandon Burke Faneuf, of Ecosystem Solutions, was sworn in and identified himself for the record.

Ms. Martucci addressed the Council stating that the Gardiners were out of the country and that proceedings could continue without their presence. Ms. Martucci stated that after the extensive discussion at the meeting of September 25, 2018, Ms. Martucci was unsure of what specifically was supposed to be submitted for an application and submitted that application to CRMC as they thought would be acceptable. The written Council Decision was received after the application was submitted. Ms. Martucci stated that after receipt of the written decision she requested the transcript and wanted to pinpoint why the application that they submitted was appropriate. Ms. Martucci stated that it was clear from the transcript that the direction from CRMC was for some form of restoration plan and/or an application proposing to maintain what is there now.

Acting Chair Coia stated that it was his understanding that the application that was submitted was not accepted. Ms. Martucci confirmed that Ms. Miguel sent an email saying that the application was not acceptable as submitted. Acting Chair Coia asked if it was their intention to submit an application that included restoration of the area. Ms. Martucci asked the Council for more time to submit a restoration plan as it would take time to come up with a plan that is agreeable to the Gardiners as well as the CRMC as the desired outcome is restoration for CRMC and addition for the Gardiners. Ms. Martucci asked for additional time to work with Ms. Miguel on their submittal.

Acting Chair Coia stated that he may be inclined to afford the Gardiners leave to the Council’s first meeting date in December (12/11/2018). Mr. Fugate stated that if the restoration plan is acceptable, we may not have to meet at all.

Ms. Miguel stated that depending on what the Gardiners submit, the application may have to be reviewed by CRMC’s FWW permit staff and that it may need to be heard again if their review leads to a recommendation for denial.

Acting Chair Coia stated that, as a precedent has been set for the request of a transcript, he would like for it to be put on the record exactly what the CRMC staff is looking for by way of an application. Mr. Fugate stated that an application for FWW should be submitted and the buffer and question of wetlands area has to be addressed. Mr. Fugate stated that both parties should sit down and figure something out.

Mr. Gomez stated that that was the Council directive a month ago.
Acting Chair Coia stated that he was open to the approval of a short continuance.

Ms. Miguel stated that the application that was submitted on October 9 did not address the paved driveway, the nonconforming deck, nor did the application address stormwater requirements which need to be included in the addition application for it to be considered a complete application. Ms. Miguel also stated that if the Gardiners were including the addition in their application, local approval needed to be included.

Mr. Gomez stated that the driveway was addressed by the Gardiners by saying that they weren’t going to do anything with it as well as the nonconforming deck.

Mr. Gagnon asked if the restoration plan and/or permit application would be based on the 1992 wetland determination. Mr. Fugate stated that the 1992 wetland edge determination would be the starting point. Mr. Gagnon asked if the Gardiners were free to submit an application based on where they think the edge is today. Mr. Fugate stated that CRMC staff would look at it and determine if a better edge can be determined.

Mr. Fugate confirmed for Mr. Gomez that the fees were paid.

Mr. Sahagian addressed Ms. Martucci and Mr. Faneuf stating that in his experience on the Council for 20 years, Ms. Miguel has always been very fair and holds a lot of credibility with the Council. Mr. Sahagian advised that this was the Gardiners last shot and suggested that they get this right and that it would behoove them to work something out with staff.

Mr. Sahagian motioned to continue the Enforcement case to December 11, 2018. There were several seconds to the motion.

Motion carried on a unanimous voice vote.

6. PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE COASTAL RESOURCES MANAGEMENT PROGRAM:

650-RICR-20-00-7: Aquidneck Island SAMP

Summary of Rulemaking Action:
In 2016, the legislature passed an amendment to R.I. Gen. Laws § 42355(b) that required the Secretary of State to oversee the publication of an updated uniform code of state regulations. The purpose of this proposed rule is to reformat the Aquidneck Island (SAMP) Coastal Development Regulations and codify the rules in accordance with the new uniform code of state regulations, called the Rhode Island Code of Regulations ("RICR"). Figures 5, 6 and 7 showing CRMC and DEM freshwater wetlands jurisdiction are being deleted, as DEM has established a user friendly online map service for determining freshwater wetlands jurisdiction. Part 7.11 Appendix A is being added to provide habitat maps currently available on the CRMC website here:
http://www.crmc.ri.gov/samp_ai/AI_SAMP_Habitat_Linkage_Map.pdf.
Otherwise, there are no substantive changes to the rule.

Mr. Boyd briefed the Council stating that the program change was, at this time, out to public notice to recodify the Special Area Management Plan (SAMP) to the RI Code of Regulations (RICR) format. The Public Notice period runs from October 9, 2018 and will end on November 8, 2018. Mr. Boyd explained that regulatory agencies are now required to have public hearing prior to the end of notice period. Mr. Boyd stated that to no comments have been submitted within this timeframe so far. Acting Chair Coia opened the public hearing for comment. There were no comments heard and Acting Chair Coia entertained a motion to close the public hearing; motion was made by Mr. Gagnon and seconded by Mr. Gomez. The motion to close the public hearing was carried on a unanimous voice vote.

650-RICR-20-00-5: Metro Bay Region SAMP

Summary of Rulemaking Action:

The purpose of these regulations is to provide a concise set of coastal development regulations for properties located within the Metro Bay Region SAMP boundary that are predictable and provide developers with several options for coastal buffers to promote economic development and coastal resource protection. In 2016, the legislature passed an amendment to R.I. Gen. Laws § 42355(b) that required the Secretary of State to oversee the publication of an updated uniform code of state regulations. The purpose of this amendment is to reformat the Metro Bay Region SAMP in accordance with the new uniform code of state regulations, called the Rhode Island Code of Regulations ("RICR"), consolidate and integrate desirable elements of the Providence Harbor SAMP, and to make other nontechnical changes. There are no substantive changes to the existing regulations. Reformatting of the regulation in accordance with RICR includes, but is not limited to, re-numbering, moving of definitions, movement of text, and elimination of duplicative or on regulatory text, among other format changes. A summary of changes between current and proposed regulation by section is as follows:

Add new § 5.1(B) to highlight federal Coastal Zone Management Act authority for implementation of Special Area Management Plans;

Add new § 5.1(C) to further clarify the purpose of the consolidated rules;

Add new § 5.3 as a consolidation of Metro Bay Region policies;

Add new § 5.3.1 to account for Providence Harbor SAMP prohibitions;

Add new § 5.3.2 to account for specific Providence Harbor policies;

Clarify applicability of roadway projects at § 5.5(C)(1)(a)(2)(CC);

Clarify status of the compensation option at §§ 5.4(C)(3), 5.5.1(B)(5), 5.8(C)(3)(b)(2),
5.8(C)(4)(a)(4), and 5.9(B)(4)(a)

Mr. Boyd explained that this regulatory change had a similar public notice process for the – recodification of the Metro Bay Region SAMP. Mr. Boyd stated that CRMC took elements of the Providence Harbor SAMP and incorporated them into this SAMP. Mr. Boyd stated that the Public Notice period also ran from October 9, 2018 through November 8, 2018. Acting Chair Coia opened the Public Hearing and hearing no comments, entertained a motion to close the hearing. Motion was made by Mr. Sahagian and seconded by Mr. Gomez. The motion to close the public hearing was carried on a unanimous voice vote.

Mr. Boyd was very happy to inform the Council that these two changes were the last two pieces of CRMC regulations that will be codified per the RI Code of Regulatory Reform.

Mr. Boyd explained that non-regulatory language of the old red book had to be moved to a Redbook “Guidance Document” in accordance with the requirements of the Office of Regulatory Reform (ORR). Mr. Boyd informed the Council that all of the CRMC’s guidance documents will be published on the Secretary of State’s website by the end of 2018.

Mr. Fugate explained that CRMC staff and CRMC Legal Counsel met with ORR and explained how we rely upon the non-regulatory text of the Red Book and SAMPS in our program for any legal challenges and that the court takes deference to the CRMC’s findings, policies and regulations. Mr. Fugate also explained that the ORR should rely upon any CRMC guidance documents as well as the regulations.

7. EXECUTIVE SESSION § 42-46-5(2) – Potential Litigation, Ocean SAMP

Motion to enter into Executive Session:
Motion: Mr. Sahagian
Second: Mr. Gomez

Roll call vote:
Mr. Sahagian Yes
Mr. Gomez Yes
Mr. Hudner Yes
Acting Chair Coia Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Ms. Collie Yes

Motion carried.

Informational only – no decisions were made.

Move to come out of Executive Session at 6:50 p.m.:
Motion: Mr. Sahagian
Second: Mr. Gomez
Motion carried on a unanimous voice vote.

Motion to seal the minutes:
Motion: Ms. Montanaro
Second: Ms. Reynolds
Motion carried on a unanimous voice vote.

7. ADJOURN

Motion to Adjourn:
Motion: Ms. Collie
Second: Mr. Gagnon
Motion carried on unanimous voice vote.

Meeting adjourned at: 6:55 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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