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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, May 28, 2019 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
Bob Ballou, RIDEM
Joy Montanaro
Trish Reynolds

Members Excused
Mike Hudner
Jerry Sahagian
Michelle Collie
Lisette Gomes

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

  • May 14, 2019
    Motion: Vice Chair Coia
    Second: Mr. Gomez
    Chair Cervenka asked for edits/clarification in the listed conditions put in the motion for Bonnet Shores Beach Club Condo Association
    Motion carried with edits from Chair Cervenka

3. SUBCOMMITTEE REPORTS

No reports.

4. STAFF REPORTS

No reports.

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

2019-01-002 RIDEM/DIVISION OF MARINE FISHERIES & THE NATURE CONSERVANCY -- To create an artificial reef to enhance habitat and fishing opportunities in the Providence River. Please see attached map of Sabin Point. Located in the Providence River south of Sabin Point, East Providence, RI.

Chair Cervenka explained that this application was being rescheduled to the June 25th, 2019 Semimonthly Meeting as the Council would not have a quorum when the RIDEM representative Mr. Ballou recused himself for that matter.

2018-09-033 DANIEL TORRE & MAX DAVIDSON -- Establish and maintain a three acre oyster farm in the Sakonnet River using floating gear (2 foot by 3 foot floating bags). Located in the Sakonnet River of Portsmouth, RI.

Mr. Beutel gave an overview of the application stating that the proposal was for a three acre oyster farm using floating cage in Type II waters of the Sakonnet River to the north of Glen Manor dock. Mr. Beutel stated that the water depth went from 2.5’ inshore and 12.5’ offshore. Mr. Beutel stated that during the review process Mr. Torre was advised to move his site to the north to avoid an eel grass bed. Mr. Beutel stated that the smallest profile floating cages available would be used to minimize on visual impact. Mr. Beutel stated that although objections were received, there were no objections from the Coast Guard who stated that the site did not interrupt navigation; RIDEM who stated no environmental impact; Marine Fisheries Council stated no objection; and, the RIHPHC did not object.

Mr. Beutel stated that the objections that were received were addressed in his report. Mr. Beutel passed around an aerial photo with the proposed aquaculture site mapped out to give the Council a better view of the area. Mr. Beutel stated that the most cited objection was based in recreational impact but that through his frequent visits to the area for this and other aquaculture sites, he did not feel that the area was significant for recreational purposes. Mr. Beutel stated that this site was a better site for aquaculture than many he had seen.

Mr. Beutel stated that an objection had been received that morning which stated that the site would be located at the narrowest point of the river. Mr. Beutel stated that even at the narrowest point, the distance from shore to shore was over 4300 feet.

There were no questions from Council to Mr. Beutel at this time.

Daniel Torre was sworn in and addressed the Council. Mr. Torre stated that he agreed with Mr. Beutel’s report. Mr. Torre explained that his site was a few feet past Glen Manor dock and that he was an experienced aquaculturist. Mr. Torre stated that he chose this site for its low recreational usage due to the fact that the shoreline was made up of rubble from the foundation of an old house that was no longer standing.

Chair Cervenka asked if Mr. Torre has conferred with the objectors. Mr. Torre answered that he had not.

Mr. Ballou asked if Mr. Torre would utilize power washing at the site. Mr. Torre stated that he would not power was in the water. Mr. Torre also confirmed for Mr. Ballou that he had no objections to using lighted buoys.

Mr. Gomez asked Mr. Torre what his work schedule would be for the site. Mr. Torre stated that he would be there two or three days a week but not on weekends or any time a wedding was being held. Mr. Torre also confirmed for Mr. Gomez that his boat was about 20 feet and would carry 2-3 people to the site.

Objectors:

Attorney William Landry of Blish and Cavanagh was present representing Mike and Elizabeth McBreen who lived at Heidi Drive. Mr. Landry stated that the McBreen’s objected to the location of the aquaculture farm due to the sites extensive recreational use. Mr. Landry explained that the cove was used for small boat activity. Mr. Landry also stated that the McBreen’s objected to the aquaculture farm’s location as it was encroaching on the riparian rights of the property owners. Mr. Landry concluded by respectfully asking the Council to give serious consideration to all the objections and comments received. Chair Cervenka asked Mr. Landry if his client was asking for the Council to deny the application or change the location to address their concerns. Mr. Landry stated that his client was asking the Council to deny the application as it was not an appropriate location for aquaculture. Mr. Landry suggested that an alternative location might be near the Montalk Golf Club.

Chair Cervenka asked Mr. Beutel to elaborate on his statement that he was familiar with the area through is 10 years of experience visiting other aquaculture farms located in the Sakonnet River. Mr. Beutel explained that he visited the Glen Manor Dock area as there was an aquaculture site underneath the dock which needed his frequent attention. Mr. Beutel also explained that during the Preliminary Determination process for this application he also visited the site frequently to check for use and that this site was used much less compared to other areas of Narragansett Bay. Mr. Beutel stated that kayaks could still be used in this area and that aquaculture farms enhance recreational fishing.

Ellen Toner gave opinion testimony stating that she had lived in the neighborhood since 2003 and that the waterway is the most used waterway in Portsmouth. Ms. Toner stated that the Sandy Point Beach becomes more popular every year. Ms. Toner expressed her concern for the safety of the neighborhood children that recreate in this area. Ms. Toner expressed concern about the meeting notification process stating that she had received notification of the meeting that morning (acknowledging that the notice was dated May 17th).

Mr. Fugate asked how far offshore the inland edge of the aquaculture farm was. Mr. Beutel stated 75- 100 feet from the shoreline. Mr. Fugate asked if the farm could be located further from the shoreline. Mr. Beutel stated that there would be objections from the commercial fishermen. Mr. Beutel stated that the whelk fishermen did not object to this location.

Chair Cervenka explained that the Council was charged with balancing between competing uses and that the CRMC standard is to prevent significant impact. Chair Cervenka stated that the impact must be determined by CRMC staff observations and the testimony provided.

Mr. Beutel stated that during the Preliminary Determination process, the Town was consulted and they had no objections to this location.

Mr. Gomez stated that the proposed location was approximately 1 mile between McCrory Point and Sandy Point. Mr. Beutel stated that it was a little over 8000 feet from Point to Point. Mr. Gomez stated that he felt that the applicant’s compromises were encouraging but maybe the location could be pushed out a bit further from shore.

Angelo Grilli addressed the Council stating that he had just been told about the meeting from his neighbor and that he had many concerns. Mr. Grilli asked if the Council would consider giving additional time for the objectors to hire experts and an attorney to research and review the application. Mr. Grilli stated that he had two children that recreated in this area and he was concerned for their safety.

Chair Cervenka asked Mr. Torre if he would like to address some of the comments.

Mr. Torre stated that the lease would sit 75-100 feet off the beach and that small recreational crafts such as paddleboards or kayaks would have no problem going over his site. Mr. Torre stated that there is a very high current in the area and most people would not swim in the high current.

Chair Cervenka asked about the notification process. Mr. Beutel stated that the 30 days Public Notice process usually brought in comments and the people who commented would be put on a mailing list.

Chair Cervenka asked if Mr. Torre would be willing to confer with the objectors. Mr. Torre agreed.

Mr. Gomez asked if Mr. Torre would be adversely impacted if the lease site was move an additional 100 feet from shore. Mr. Torre stated that there would be a different group of objectors at that point as he would be further into the channel.

Mr. Ballou asked what made the location ideal vs a location closer to McCrory’s Point. Mr. Torre stated that the proposed location is out of the way of predominant winds and that there was more recreational use the closer you get to the houses.

Ms. Reynolds reviewed the aerial plan Mr. Beutel had brought. Chair Cervenka closed the public comment session.

Chair Cervenka made a motion to continue the hearing for two weeks so applicant and objectors could confer. Chair Cervenka stated that the public comment portion would be re-opened at next the meeting.

Mr. Coia seconded the motion to continue the application.

Motion carried on a unanimous voice vote.

2018-08-071 MATTHEW GRIFFIN – Establish and maintain a 4.2 acre aquaculture farm for oysters, bay scallops, and kelp using floating, suspended and bottom techniques located in the West Passage of Narragansett Bay, North Kingstown, RI.

Mr. Beutel gave a brief overview of the application stating that the applicant was proposing to establish a 4.2 acre aquaculture site in the Rome Point Area for floating oyster gear, cages for bay scallops and suspended long lines for kelp. The oyster cages would be on the bottom during the kelp season which would be from November 1st through April 30th. Mr. Beutel explained that the proposed site was located in multi-purpose water over 500 feet from the shoreline, that no objections were received and that the farm would be located between two other permitted sites in Rome Point that have floating gear. Mr. Beutel stated that Mr. Griffin originally started out with a commercial viability permit for this site and it has done very well. Mr. Beutel explained that Mr. Griffin is requesting a full permit. Mr. Beutel stated that the application had received letters of no objection from RIDEM Water Resources and Division of Marine Fisheries, as well as RI HPHC. Mr. Beutel stated the RIDEM asked that the aquaculturist keep records of the site’s water temperature. Mr. Beutel stated that it is in the best interest of the aquaculturist to monitor the site’s water temperature.

Matthew Griffin was sworn in and addressed the Council stating that he agreed with Mr. Beutel’s report. Mr. Griffin explained that he had many years of experience with aquaculture in Rhode Island and had a successful aquaculture farm in Portsmouth for the past five (5) years.

There was no one present to speak during the public comment portion of the hearing.

Vice Chair Coia motioned, seconded by Mr. Gomez, to approve the application.

Motion carried on unanimous voice vote

7. PROPOSED RULEMAKING BEFORE THE COUNCIL FOR DECISION:

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 amendment to the Salt Pond Region Special Area Management Plan (SAMP) would extend the effective dates of the program from October 7, 2019 to October 7, 2024 – an additional five years. Mr. Boyd stated that the proposed amendment been through the Public Hearing process at the previous CRMC meeting of May 14, 2019 with no comment heard. Mr. Boyd stated that no comments were received during the comment period either written or on the on-line portal. Mr. Boyd stated that CRMC staff recommended approval.

Chair Cervenka motioned to approve the amendment.
Vice Chair Coia and Mr. Gomez seconded the motion.
Motion carried on a unanimous voice vote.

 

 

 

 

 

 

 

9. ADJOURN

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

Meeting adjourned at: 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

CALENDAR INDEX

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