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.

6. PUBLIC HEARING FOR SPECIAL EXCEPTION BEFORE THE COUCIL:

2018-09-019 BONNET SHORES BEACH CLUB CONDOMINIUM ASSOCIATION -- Construct and maintain an on-site gravity based sewage collection system to include an on-site sewage pumping station to service the Bonnet Shores Beach Club and construct and maintain a seasonal sanitary sewer force main line to be constructed through Bonnet Point Road between the Bonnet Shores Beach Club and the Town of Narragansett Waste Water Pumping Station at the corner of Bonnet Point Road and Allagash Road. This application requires a Special Exception pursuant to RICRMP Section 1.2.2(B)(2)(e): “The construction of new infrastructure or utilities or expansion of existing infrastructure or utilities shall be prohibited on all barriers. Such infrastructure or utilities shall include but not be limited to public or private water, electric, gas and sewer lines.”

Council Member Montanaro recused herself.

Mr. Reis began presentation stating that the project as proposed could require the Council to review it as a Special Exception.

Vice Chair Coia proposed that the Council hear from the applicant’s Council solely on the issue of Special Exception. Attorney DeSisto agreed.

Attorney Stephen Ucci, Counsel for Bonnet Shores Beach Club Condominium Association & Bonnet Shores Fire District stated that a Statute was passed for this particular project to be proposed for permitting as long as they agree to no further growth and it will be a private line that no one else will be able to connect to. Mr. Ucci stated that the system was designed to be seasonal with a closure sequence at the end of each season.

Chair Cervenka asked if the statute trumped the regulations. Mr. Fugate stated that staff agreed that the statute overrode the CRMC requirements for Special Exception. Mr. DeSisto stated that it was clear that a specific act would take precedence over a general act and that the project would not need a Special Exception based on the Statute that was passed.

Chair Cervenka state that the Council would still review under the variance criteria. Mr. Fugate stated that as the project would need to show that the disturbance to the coastal feature is the minimum necessary to accomplish their purposed.

Vice Chair Coia stated that based on the argument of Mr. Ucci, Counsel for the applicant and that of CRMC legal counsel based on house bill, he would make a motion that it is not necessary to proceed under the requirements of a Special Exception. Mr. Hudner seconded the motion. The motion carried on a unanimous voice vote.

Mr. Reis continued his presentation stating that the project as proposed needed to be designed in such a way that all reasonable steps were taken to minimize environmental impacts and that the applicant had to prove that there was no reasonable alternative.

Mr. Reis stated that one concern CRMC staff has was that there were high ground water levels in the area and that if the road were to flood, maintenance of the line would be difficult. Mr. Reis stated that the applicant had provided groundwater sediment control, dewatering measures and, erosion controls to minimize the impacts due to high water table. Mr. Reis stated that the applicant had also agreed to have an independent construction manager to keep an eye on the project to make sure all controls were in place and CRMC stipulations were followed. Mr. Reis stated that CRMC staff concluded that the project met all the environmental impacts. Mr. Reis stated that using StormTools, it was determined that as soon as 20 years from now the road could possibly be under water.

Mr. Reis explained that one alternative proposed was constructing a walkway/boardwalk along Bonnet Point Road for pedestrian passage where the sewer line could be affixed to the underside of the boardwalk; however, after discussing this with the beach club, it was determined that burying the pipeline was the most reasonable option.

Mr. Reis stated that the Public Notice was sent out and 49 objections were received along with two letters of support. Mr. Reis summarized the objections and stated that the concerns in the detailed letter from Save the Bay were addressed.

Mr. Reis ended his presentation stating that the project as proposed was the least damaging, most reasonable alternative and that the applicant had taken all reasonable steps to minimized environmental impact meeting the variance criteria. Mr. Reis presented that staff recommended several stipulations:

• independent construction manager;
• work in the dry weather;
• property damage insurance;
• no future expansion;
• letter being worked on;
• ADA compliance issue.

Mr. Singer, CRMC staff engineer, briefly presented to the Council stating that the design had been approved by the Town of Narragansett Engineering. Mr. Singer stated that the project proposed a 2” PVC pipeline to be constructed along Bonnet Point Road. Mr. Singer stated that the materials to be used were suitable for submerged situations which could happen at greater frequencies in the future. Mr. Singer stated that the Bonnet Shores Beach Club Condo Assoc had begun a project to renovate their current OWTS and was approved by RIDEM for a 17,000 gallon system but it was not installed. Mr. Singer stated that the OWTS facility could be a reasonable alternative. Mr. Singer also agreed that the sewer main would provide the least impact as there would be no discharge of nutrients. Mr. Singer stated that there was not objection by CRMC engineering.

Mr. Fugate stated that CRMC would not be held liable in the event of any issue.

Council Questions to Staff:

Chair Cervenka confirmed with Mr. Singer that in his opinion all the other alternatives had greater potential impact than what was being proposed.

Mr. Gomez asked about the plan for maintenance. Mr. Ucci stated that the Town of Narragansett was requiring an Operations and Maintenance (O&M) Plan and that through the O&M plan, the system would require regular inspections. It was decided that CRMC would require a copy of the inspection for our records.

Ms. Collie asked what the process was at the moment for the beach club’s waste disposal. Mr. Ucci stated that the tanks were pumped daily.

Mr. Fugate confirmed for Chair Cervenka that the Beach SAMP guidelines predated that receipt of the application so no hazard analysis was required.

Mr. Gagnon asked if an insulated sleeve could be used as added protection for the sewer line. Mr. Singer confirmed that if they used a sleeve it would mitigate his concerns for leak protection.

Applicant Presentation:

Mr. Ucci began by explaining the history of the project stating that the original intent was to design something that would provide for growth of the community. The General Assembly had been petitioned and approved for the Association to tie into the sewer system so they worked with Narragansett and CRMC to acquire an easement to Bonnet Point Road to tie into the sewer system which was then approved by the Town of Narragansett. Mr. Ucci stated that once this project begins, they will remove the existing tanks on the property and add one 2000 pound holding tank which will then be pumped to the sewer tie in. Mr. Ucci stated that the property owners were concerned with above ground system due to the possibility of cars hitting the guard rails or the possibility of vandalism. Mr. Ucci stated that it was common practice to bury sewer lines. Mr. Ucci stated the system as proposed is designed to shut down in the event of a storm with a procedure to follow for further protection.

Kevin Schott, Professional Engineer, was sworn in and identified himself for the record.

Mr. Schott stated that he had been involved in the project since the beginning and had been involved in all aspects of regulatory review. Mr. Schott explained that the causeway was the most direct route for the sewer line and that PVC pipe is the material of choice for this use. Mr. Schott stated that it is not uncommon for utility to be buried in the ground and that use of double piping makes leakage more difficult to determine. Mr. Schott stated that the Town of Narragansett is requiring hydrostatic pressure testing prior to accepting the system as complete. Mr. Schott stated that the system will be flushed and drained at the end of each season and if there was a leak in the force main, it would be indicated through the town sewer plan. Any maintenance requirements would be taken care of through the Operation & Maintenance Plan.

Mr. Schott confirmed for Mr. Gomez that the new holding tank would be 3000 pound tank.

Mr. Fugate asked if the sewer line could undergo a pressure test in a post storm situation Mr. Schott answered yes although it was not necessary under normal seasonal shut down.

Mr. Reis explained that the concern with the high ground water level is maintenance of the pipe if the line is underwater. Dewatering the area of repair could be an issue.

Mr. Schott stated that the lifetime of the force main system is beyond 20 years and that other technology could be available for the future.

Timeframe for the assent was discussed by Council members, who considered issuing assent for a shorter time period and having the applicant reapply at 20 years.

Mr. Ucci stated that there are already discussions on the eventual raising of Bonnet Point Road and the addition of materials which will be better for the line.

Mr. Ucci rested asking to be able to readdress the Council after public comment.

Public Comment:

Representative Carol McEntee addressed the Council in support of the project stating that it was positive move forward for Narragansett and the environment.

David Stenmark addressed the Council in opposition of the project due to the detrimental effects the project could have on the causeway. Mr. Stenmark was in favor of an elevated walkway.

Paula Childs addressed the Council in opposition of the project due to the detriment to the causeway. Ms. Childs expressed her concern regarding the reliability of the proposed sewerline based on the use of the system. Ms. Childs stated that the community was raising the money to be able to build the boardwalk and feels that this approach would be the best for the area.

Terry Duffy addressed the Council in opposition of the project due to the detriment to the roadway.

Anita Langer addressed the Council in opposition of the current proposal due to the road, flooding and ownership of the roadway. Ms. Langer asked for better alternatives or to wait for the funding for the boardwalk.

Gertrude Pokoly addressed the Council on behalf of Colin Hynes who asked that his objection be read into the record.

Robert Patterson addressed the Council asking that all members of the Council that belong to the beach club recuse themselves. He objected to the proceedings as he no longer understood what standards were being applied. Mr. Patterson stated that the ownership of the road was unclear. Mr. Patterson stated that the beach club had put a stop raising the funds for the walkway. Mr. Patterson suggested building a guardrail and having the sewerline attached to the back.

Michelle Caracchia addressed the Council in objection to the project as proposed. Ms. Caracchia is in full support of beach club connecting to sewer system for all wastewater but not under the road. Ms. Caracchia submitted a packet of pictures as exhibit.

Michael Jarbeau of Save The Bay addressed the Council stating that Save The Bay does not object to the construction but to the lack of transparency and information presented. Mr. Jarbeau stated that he felt it was not the most reasonable alternative.

Anthony Lupino addressed the Council and read the CRMC creed. Mr. Lupino stated that he opposed the project due to the digging up of the causeway. Mr. Lupino addressed issues such as further development in the area, liability insurance, and compliance assurance.

Matt Mannix member of Town Council of Narragansett and part owner of a unit at the club addressed the Council in support of the project. Mr. Mannix stated that the causeway will be repaired after the project. Mr. Mannis stated that there was an easement agreement between the beach club and the fire district. Mr. Mannix stated that the walkway was in the initial development stages.

Michael Vendetti, Chair of the Bonnet Shores Fire District, addressed the Council to ensure their agreement of the project. Mr. Vendetti stated that the project will address much needed maintenance to the road.

Conclusion of Public Comment period.

Mr. Ucci readdressed the project stating that it was nice to see public comment and addressed some of the concerns raised. Mr. Ucci stated that the Town issued all approvals required for the project. Mr. Ucci confirmed that the Bonnet Shores Fire District owned the road which is why they are a co-applicant. Mr. Ucci stated that they received permission from the Town to do the work on the road and that the entirety of Bonnet Point Road was to be regraded and resurfaced when the sewerline project was completed.

Mr. Schott readdressed the Council stating that core samples and borings of the road had been taken to ascertain the subsurface conditions. Mr. Schott stated that the general findings were sand, silt, asphalt and dense gravel.

Mr. Schott assured the Council that when they remove the material during excavation of the line, suitable bedding material and subbase will be put in prior to line burial.

Mr. Schott confirmed for the Council that the risks of above ground were from being struck or vandalized, storm surge or potential damage from under the walkway, such as freezing of the line.

Mr. Schott explained how the seasonal maintenance would take place. Mr. Schott stated that there would be a grinding mechanism to mitigate the use of non flushable items going into the pipes.

Mr. Fugate stated that the Council could add stipulations to the assent for protection, such as: limited assent period (20 years as opposed to 50 years); a bond to make sure funds were available in the event of a breach or road is damaged; recertification process or annual certification process; pressure test after 25 year or greater storm event; shutoff 24 hours prior to significant storm event.

Mr. Gomez stated that the current system served its useful life and it seems clear that this is the way we need to go.

Mr. Hudner also agreed.

Kevin Lynch, President of the Beach Club. Having been duly sworn, addressed the Council and explained the finances of the beach club and stated that they were in good financial position to finance the project.

Mr. Fugate stated that the variance criteria and special exception criteria were approved by staff.

Chair Cervenka closed the public comment portion of the hearing.

Mr. Hudner motioned approved with all stipulations. Mr. Sahagian seconded the motion but added with Mr. Hudner’s agreement, based on meeting all regulatory criteria and based on staff report and stipulations by Mr. Reis.

Chair Cervenka confirmed the conditions:

• Independent monitor of construction;
• Work during the dry season
• Property damage insurance satisfactory to legal counsel
• Annual certification (to the satisfaction of the town)
• Integrity of the pipeline must be pressure testing after 25yr event or greater
• Shut down 24 hours prior to hurricane
• Maintenance and Operation Plan. Mr. Fugate stated that they would defer to different agencies so no duplicate certifications are required. CRMC will work with the Town on O&M requirements.

Motion carried on a unanimous voice vote.

During the Council review of this application – there was a change in CRMC Legal Counsel from Anthony DeSisto to John Longo

7. PUBLIC HEARING ON PROPOSED RULEMAKING:

Amendment to § 3.4.12 of the Salt Pond Region SAMP to extend the date by five years to October 7, 2024 for experimental coastal erosion control methods.

Mr. Boyd addressed the Council stating that the proposed amendment was advertised on April 25 and that it was designed to extend sunset clause of the SAMP.

Chair Cervenka opened public hearing and hearing no comment, closed the public hearing. The Council would deliberate on the above amendment at their meeting of May 28, 2019.