In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, April 9, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Mike Hudner
Trish Reynolds
Joy Montanaro

Members Excused
Jennifer Cervenka, Chair
Lisette Gomes
Jerry Sahagian
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Richard Lucia, Spv Civil Engineer
Amy Silva, Sr. Environmental Scientist
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 Coia called for approval of minutes:

• March 26, 2019
  Motion: Mr. Hudner
  Second: Ms. Reynolds and Mr. Gagnon
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate updated the Council on the following:

• Providence Journal Public Occurrences Forum, scheduled for April 15th at RI College – Discussion will be Climate Change Solutions and Director Fugate and Director Coit will be among the panelists. Registration is free.
• April 23rd Council Semimonthly meeting will be held in the Hazards Room of the URI Coastal Institute in Narragansett at 6:00 p.m.
• April 23rd US Coast Guard Meeting -- Public Listening Sessions for The Recreational Northeast Multispecies (Groundfish) Party And Charter Fishery; 6:00 p.m.
• Update on Ocean Wind Farm Development in the Northeast
• CRMC was successful in procuring a grant along with URI and Tufts University from BOEM/BSEE. We will partner with Deepwater to put sensors on towers to get date to feed into models for performance of foundations in various wind conditions.
• April 11th CRMC will have a House hearing on our budget; and on April 16th, CRMC will be before the Senate on our budget.
• CRMC has been asked to make a presentation before the Senate Environment Committee – Fisheries Committee regarding the Council’s review process for wind; in particular Vineyard Wind.
• The Planning and Procedures Subcommittee is reviewing a series of changes that are being made to the Ocean SAMP in coordination with NOAA. The Fishermen’s Advisory Board has asked to meet to discuss the proposed regulation changes. That meeting is scheduled for tomorrow Wednesday, April 10 in the Hazards Room as URI Coastal Institute, Bay Campus.

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

2018-04-087 JOHN WESCOTT -- Create and maintain a three acre oyster and kelp farm using bottom cages for oysters and suspending longlines for the sugar kelp. Located in East Passage of Narragansett Bay, Portsmouth, RI

Mr. Beutel gave a brief overview of the application stating that based on comments received during the preliminary determination process, Mr. Wescott addressed most concerns. Mr. Beutel stated that the gear would be bottom cages for oysters and kelp lines from November through April. Mr. Beutel explained the kelp industry in RI. Mr. Beutel stated that there was one objection received from Ken Murgo, whelk and sea bass fisherman. Mr. Beutel stated that the application received signoffs from HPHC, DEM Marine Fisheries and the RI Marine Fisheries Council which said that the farm would pose no impact on current fisheries in the vicinity. Mr. Beutel recommended that Mr. Wescott use the coordinates from the Marine Fisheries letter and that CRMC staff recommended approval with stipulations.

Mr. Wescott was sworn in and identified himself for the record – John Thomas Wescott IV

Mr. Wescott confirmed that he was aware of the staff stipulations and agreed with them. Mr. Wescott stated that he agreed to work with the local fishermen. Mr. Wescott informed the Council that after advice from the either Marine Fisheries panel or the Shellfish Advisory Panel he move his location but is still within the bounds of the PD. Mr. Wescott stated that he was open to adjusting his gear as long as it is not damaged and his work prospect is not affected by their fishing.

Kenneth Murgo was sworn in and identified himself for the record as a commercial fisherman that has fished in this area for Whelk and sea bass. Mr. Murgo expressed his concerns that aquaculture was encroaching on a very lucrative area for whelk fishing. Mr. Murgo stated that he is mostly concerned about the more shallow area as it is the most productive grounds for whelk.

There was discussion regarding the project location map.

Mr. Beutel confirmed that Mr. Wescott’s farm was 600 feet off the shore at the western
boundary and that it was shifted north and slightly east to make more room between his and the other farms in the area.

There was discussion on CRMC notification process. No further speakers in opposition
Chair Coia asked Mr. Wescott to address concerns.

Mr. Wescott stated that was always willing to talk to local fishermen and wanted both fisheries to co-exist. Mr. Wescott stated that his contact information was distributed and he would continue to make an effort to work with other fishermen.

Mr. Hudner suggested a conditional approval so that Mr. Wescott can work with CRMC staff and fishermen. Mr. DeSisto stated one stipulation would be coordination with Whelk fishermen.

Mr. Gomez stated that he would support the decision of the Marine Fisheries Council as the whelk fishermen were addressed at their meeting.

Mr. Gomez motioned approval with staff stipulations. Mr. Hudner and Ms. Reynolds seconded the motion.

Motion carried on a unanimous voice vote.

2018-07-035 TIMOTHY LEMMON -- Construct a “Hybrid” shoreline protection facility consisting of a Riprap Toe protection and coir logs and plantings landward. Located at Plat: 3, Lot: 566; 1151 North Main Road, Jamestown, RI.

Mr. Lucia gave a brief overview of the hybrid shoreline protection facility application which will include riprap stone and coir logs with native shrub plantings for erosion control while maintaining natural environment up the slope of the bluff. Mr. Lucia stated CRMC staff had no objections to the project and that this would have been granted administratively if not for the one objection received.

Timothy Lemmon was present as well as Warren Hall and Christian Infantolino, Esq.

Attorney Infantolino addressed the Council stating that Mr. Lucia gave a great synopsis and that they would let the application speak for itself but were available if any questions were asked.

Mr. Gagnon asked if there were any maintenance requirements/stipulations for the protection facility. Mr. Lucia stated that, along with standard stipulations, there would be two further stipulations regarding securing the Duckbill anchors after storm events; and, a letter of written confirmation of construction as shown on the approved plans from the design engineer.

Mr. Infantolino stated that the applicant did not object to the stipulations.

Mr. Hudner motioned for application with staff stipulations. Seconded by Mr. Gomez. Motion carried on a unanimous voice vote.

(5 minute break taken)

2018-03-103 CHRISTINA CATELLI -- Construct and maintain a residential boating facility consisting of 4’ x 90’ fixed pier, a 4’ x 20’ ramp, and a 7’ x 21’ float. Facility will extend to 77’ beyond MLW. Facility requires a Variance to Section 1.3.1(D)11.k (25’ side lot line setback) and 1.3.1(D)11.l (50’ beyond MLW standard). Located at plat 20, lot 166; 65 Green Street, Portsmouth, RI.

Ms. Silva gave a brief overview of the residential boating facility project. Ms. Silva explained that the project required two variances – length variance of 25’ and sideline setback variances due to the property being only 30’ wide in total. Ms. Silva explained that three objections were received concerning length and sideline setbacks; proximity to mooring field and cumulative impact due to precedence. Ms. Silva stated that the town harbor master was not available but through review of the Portsmouth Harbor Management Plan there appears to be no official mooring field in Blue Bell Cove.

Ms. Silva stated that CRMC staff believed that the applicant had done their best to meet variance criteria, however, precedent and cumulative impacts are deferred to the Council. Ms. Silva confirmed that the dock is equal distance to either side of the property lines.

Mr. Gomez asked about safety for navigation. Ms. Silva stated that if abutters each put a dock in, they would all end up roughly 22 feet apart which could be problematic. Mr. Lucia explained that it is an ACOE guidance regulation for the 25’ sideline setback. Ms. Silva confirmed that the cove was very active with recreational uses.

The majority of the discussion revolved around the variance for sideline setback and setting of precedence for other homeowners in the little cove which has only a few docks at this time.
Ms. Silva confirmed for Mr. Hudner that in 1985 a dock was requested but denied due to latter access impacts and riparian rights. Mr. Hudner explained that he was in favor of homeowners being able to use their waterfront and asked if would look too crowded if docks were built. Plat/lot map was reviewed. Mr. Hudner suggested landing dock at the terminus rather than alongside the dock. Ms. Silva stated that the proposed float is not perpendicular to the facility so they would be tying up to the side of the floats but right at the end.

Christina Catelli, property owner, and Todd Chaplin, PE, project engineer, were both sworn in and identified themselves for the record.

Mr. Chaplin addressed the Council stating that Ms. Silva’s overview was a fair summarization of the application’s situation. Mr. Chaplin gave a brief outline of Ms. Catelli’s history with the property. Mr. Chaplin explained that, in his opinion as an engineer, all five of the houses could have a dock without creating a convex situation and did not think the issuance of a permit to Ms. Catelli would preclude the neighbors from having their own docks.

Mr. Hudner suggested a stipulation stating that Ms. Catelli could not object to anyone of the neighbors applying or getting approval of dock. Ms. DeSisto stated he could draft a negative easement. Ms. Catelli agreed.

Mr. Chaplin stated that they surveyed the mooring area and the proposed dock would be 160 feet away from the nearest mooring.

There was a discussion on the reason for the length variance. Mr. Chaplin explained that they
were trying to get a water depth of 2.5’ at MLW. Mr. Fugate stated that the minimum depth is 18”. Ms. Silva stated that there was no objection to the 25’ length variance.

Ms. Silva confirmed for Mr. Gagnon that the dock would be elevated over the marsh area which meets CRMC requirements.

Objectors were sworn in and identified themselves for the record.

Don Gaskill, owner of the property to the south right next door

• Objected to sideline setback variance
• Precedence setting

Mr. Chaplin readdressed the council stating that Ms. Catelli understood concerns relayed by objectors but that the dock was designed as best as they could for the lot.

Mr. Gomez motioned approval of the assent with the stipulations and the recordable instrument that Ms. Catelli will not object to neighbors dock applications if submitted. Seconded by Mr. Hudner.

Motion carried on a unanimous voice vote.

9. ADJOURN

Motion to Adjourn:
Motion: Mr. Hudner
Second: Ms. Reynolds
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:30 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX