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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, January 8, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Mike Hudner
Michelle Collie
Joy Montanaro

Members Excused
Trish Reynolds
Jerry Sahagian
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
David Beutel, Aquaculture Coordinator
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

Chair Cervenka called for approval of minutes:

  • December 11, 2018
    Motion: Mr. Hudner
    Second: Vice Chair Coia
    Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Willis reported that the Planning and Procedure Subcommittee along with the Ocean SAMP Subcommittee had met that day at 4:00 p.m. to look potential changes to OSAMP, regulatory citation 650-RICR-20-05-11.10 Regulatory Standards. The subcommittee has proposed various changes to that section and is seeking to begin rulemaking.

5. APPLICATIONS REQUESTING MODIFICATION/EXTENSION AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2016-06-081 CHEVRON LAND & DEVELOPMENT COMPANY -- Modification and Extension of Assent, to include the following changes: Extend completion date of the approved work and modify stipulation “E” of the CRMC Assent to make the Kayak Ramp available for public use (including access) by January 2, 2022. Located at plat 18, lot 2; 431 Veteran’s Memorial Parkway, East Providence, RI.

Mr. Reis gave a brief overview of the application explaining that the original assent was for site remediation and that the kayak ramp was part of the compensation to the public which is required by the program when there is an impact to public waters. Mr. Reis stated that the project has been partially completed but still have more to do involving the fill to provide a cap over the contaminated portion of the slope that is seeping in to tidal waters. Mr. Reis explained that the applicant has requested an extension of their assent to January 2, 2022.

Mr. Reis also explained that the applicant is requesting to modify a particular stipulation in the assent and stipulated in the deed pertaining to the kayak ramp. The stipulation gave the applicant two years to provide the kayak ramp and access to the ramp. Mr. Reis stated that after discussions that applicant believes they can meet the schedule as requested on the modification request.

Chair Cervenka confirmed the request was for two years beyond their original expiration date.

Mr. Reis explained the schedule of the project stating that the filling is expected to be done this summer and would avoid hurricane season due to safety issues.

Donna Pallister of Arcadis and Peter Cagnetta of Chevron were both sworn in and identified themselves for the record.

Ms. Pallister stated that they asked for the additional extension of time as they had not yet completed the remedy along the waterfront which would be to install a barrier to prevent petroleum from leaching into the upland area. Ms. Pallister stated after the barrier is installed, the area would be more suited for use for a kayak ramp.

Ms. Pallister confirmed that she agreed with Mr. Reis’ overview of the project modification/extension request.

No objectors were present; Chair Cervenka closed the public comment period.
Mr. Hudner motioned, seconded by Mr. Gomez, to approve the modification and extension. Motion carried on a unanimous voice vote.

Roll call for applicants.

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

2017-11-061 MARK KEELEY – Create and maintain a small sub-tidal oyster farm (~0.3 acres) using a rack and bag system in Quonochontaug Pond. Up to 60 racks would be on the two part site. Located in Quonochontaug Pond, Charlestown, RI.

Mr. Beutel began by stating that the applicant, Mark Keeley, had from the very beginning worked with CRMC, local government and people objecting to the project and modified his application accordingly based on feedback from many sources. Mr. Keely was/is very willing to modify his project to address the challenges of the public. Mr. Beutel gave a brief overview explaining that the proposal started off as a .22 acre site for rack and bag oysters to be used as a nursery site – taking oysters from the upweller to raise them to plantable size (predator proof) for bottom planting – the middle step in the process of growing oysters.

Mr. Beutel explained that the rack and bag system would be surrounding the applicant’s dock and adjacent to his southern neighbors dock. Mr. Beutel stated that the project received letters of support from abutting neighbors.

Mr. Beutel explained that after all Mr. Keely’s response to feedback received; his project is now down to 0.16 acres which is still enough to grow the intermediary step.

Mr. Beutel explained the objections received were from three individuals and from the Town of Charlestown and that not all the objections are within the CRMC purview. Mr. Beutel stated any use of the land portion of this application is a town zoning issue and that the CRMC application is for the submerged land use, up to the MHW. Mr. Longo stated that CRMC application requires the submittal of local approval. In the event that local zoning is not complied with, CRMC can revisit assent based on failure to comply with local zoning ordinance.

Mr. Beutel stated that the main objections were based on the effect on navigation in the area and recreational use of the area. Mr. Beutel stated that he had gone to the site and that the area that would be used for aquaculture was a very small rocky area that would be difficult to navigate. Other objections were visual aspect, water depth and other recreational uses. Mr. Beutel stated that he did not believe there was significant impact as it is only 0.16 acres on a protected and little used area of the pond.

Mr. Beutel explained that Mr. Keeley had gone on a site visit with Charlestown Coastal Ponds Management Commission and the issues the commission had raised were addressed satisfactorily.

Mr. Beutel stated that he was recommending approval based on plan that is on page 25 of this application.

Mr. Beutel confirmed that the Rack and Bag apparatus would be present from June to October and removed for the remainder of the year.

Mr. Beutel confirmed for Mr. Fugate that the letters of support came from the two dock owners to the south of the proposed lease area and that the letter of objection came from the owner to the far north of the proposed lease area and that the lease area was 50 feet to the nearest corner to the objector’s dock.

Mark Keeley was sworn in and identified himself for the record.

Mr. Keeley stated that he agreed with Mr. Beutel’s assessment of the application.

Chair Cervenka stated that the Council was thankful that he had been cooperative with staff and working on solutions with objectors. Chair Cervenka asked if there were any remaining concerns from the objectors that he was aware of. Mr. Keeley explained that he did not understand what their remaining concerns were and that he missed an entire growing season trying to solve all the objections. Mr. Keeley stated that in order to satisfy neighbor to the north he reduced the number of cages and submerged them. Mr. Keeley stated that on the local level, he acquiesced his right for land based storage and will keep the cages in a warehouse that he has leased, even though his property is zoned for that type of use.

Chair asked David Petrarca, Solicitor for the Town of Charlestown, if he wanted to address the Council. Mr. Petrarca deferred to anyone else who wanted to testify and asked for time after testimony to comment.

William Wilson was sworn in and identified himself for the record. Mr. Wilson expressed concern about the application process stating that a public notice was not sent in regards to the revision applied for modification of Assent. Mr. Wilson was concerned that there was not an opportunity for comment. Mr. Wilson was concerned that the revisions that were made to the application during the process were not presented to all parties but that Mr. Keeley made a verbal presentation regarding the modifications to the Coastal Pond Management Commission who moved to wait for a written response from Mr. Keeley regarding the revisions to his proposed modification. Mr. Wilson also had concerns about safe access to the pond from the shore or shoreline structures such as docks.

Chair Cervenka asked Mr. Beutel to comment on the potential safety issues. Mr. Beutel stated that the Coastal Ponds Management Commission (William Wilson is a member) minutes acknowledged that the nearest mooring to Mr. Keeley’s site is 75 feet away and that the board voted to increase the distance concerning unnavigable waters close to mooring fields. Mr. Beutel stated that he did not believe that there is a safety issue as the area is not heavily used and the abutting neighbors are in support of the project.

Mr. Wilson commented that Richard Pastore also objected due to the unsafe environment the aquaculture site would create. Mr. Beutel stated the Mr. Pastore frequently objects to aquaculture no matter where it is.

Mr. Wilson again expressed his concerns regarding the mooring field and storage of equipment on the lot. Mr. Wilson stated that the Coastal Pond Management Commission vote was to direct the Harbor Master to adjust the mooring field in that area to accommodate the aquaculture and that the Harbor Master would initiate the process and make recommendations to the Town Council to start the process along with the renewal of the HMP when necessary.

Mr. Wilson confirmed for Mr. Hudner that he was commenting as a private citizen and not as a member of the Coastal Pond Management Commission.

Mr. Petrarca as Town Solicitor for Charlestown addressed the Council and expressed concern that from a procedural standpoint, the Town was not given proper notification of going before the Council. Mr. Petrarca explained the Town’s procedure regarding mooring field modification stating that it starts with a recommendation to the Town Council from the Coastal Ponds Committee which then involves the Town and CRMC. Mr. Petrarca explained that the mooring field modification has been on the Town docket but is also going through the revision process. Mr. Petrarca reminded the Council of the MOA/MOU between the Town and CRMC when it comes to aquaculture sites. Mr. Petrarca asked that stipulations be specific regarding conditions, mapping and enforcement if the application is approved.

Mr. Fugate suggested to the Council that a meeting be held between CRMC and the Town to resolve as many issues as we can before the Council votes on this application. Mr. Fugate explained that CRMC should do what we can to preserve the good working relationship with the Town of Charlestown.

Mr. Keeley addressed the Council again to clear up a few points regarding the application process. Mr. Keeley stated that he had been working with the Town for over a year and it was his understanding that the mooring field was voted on by the Coastal Ponds Commission that the proposed site is not navigable mooring area. Mr. Keeley explained that he had lived in the area for 20 years and that no one would ever put a mooring in the area due to rocks. Mr. Keeley stated that he asked to put cages in this area because the brackish water is conducive to oysters and that the area was used as part of the oyster growth and restoration effort from Roger Williams University. Since the programs cages were removed, the water quality has degraded. Mr. Keeley commented on the other concerns stating that he tried to accommodate everyone’s concerns.
Mr. Gomez asked what the time frame was for Mr. Keeley to not miss another season. Mr. Keeley stated he would have to start in the late spring – April or May. Mr. Fugate suggested putting this on the last meeting in February.

Chair Cervenka closed the public comment portion of the meeting and requested a motion to continue.

Mr. Hudner motioned, seconded by Mr. Gomez, to continue the matter for discussion between the parties.

Motion carried on a unanimous voice vote.

Mr. Fugate informed the Council that he would work with the Town Solicitor.

2018-01-049 MELLISSA TAYLOR & MANUEL LOPES -- Establish a 3 acre oyster farm in Sakonnet River of Portsmouth, RI.

Mr. Beutel gave an overview of the project stating that the applicant was requesting to establish a 3 acre farm near Black Point in Portsmouth for oyster aquaculture to be grown in cages. Mr. Beutel stated that through the PD process there were no issued brought up by the town. Mr. Beutel informed the Council that one objection was received during the public notice period from a whelk fisherman who claimed that lease would limit the area to work. Mr. Beutel explained how the aquaculturists worked with whelk fishermen and that whelk fishing is a compatible activity with aquaculture. Mr. Beutel stated that the application met CRMC’s programmatic standards and that he recommended approval of the application. Mr. Beutel confirmed for Chair Cervenka that the application met Category B requirements in addition to aquaculture requirements.

Mr. Beutel stated that there are two aquaculture sites in the Sakonnet and if approved this would make it three.

Manuel Lopes and Melissa Taylor were sworn in and identified themselves for the record. Mr. Lopes agreed with Mr. Beutel’s overview. Mr. Lopes stated that he did not object to working with whelk fishermen as long as their gear does not get tangled with the cages.

Chair Cervenka closed the public comment period.

Mr. Gagnon motioned, seconded by Mr. Hudner, for the approval of the application. Motion carried on a unanimous voice vote.

(Break taken.)

2018-04-078 JOHN F. CRANDALL – Create and maintain a 1.5 shellfish farm for oysters, hard shell clams, and softshell clams using two methods: direct bottom plant; and rack and bag. Located in Quonochontaug Pond, Charlestown, RI

Mr. Longo addressed the Council stating that the applicant had decided that he would benefit from a one-month continuance to see if he can resolve the issues that the objectors have.

Vice Chair Coia, seconded by Mr. Hudner, motioned to continue the application. Motion carried on a unanimous voice vote.

9. ADJOURN

Motion to Adjourn:
Motion: Vice Chair Coia
Second: Mr. Hudner
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:40 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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