In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, October 8, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Ron Gagnon, RIDEM
Jerry Sahagian
Michael Hudner
Michelle Collie
Joy Montanaro
Trish Reynolds

Members Excused
Don Gomez
Raymond Coia, Vice Chair
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Danni Goulet, Marine and Infrastructure Coordinator
David Beutel, Aquaculture Coordinator
Rich Lucia, Spv Civil Engineer
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:

• July 23, 2019
  Motion: Mr. Hudner
  Second: Mr. Sahagian
  Motion carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

Mr. Willis reported that the Planning and Procedures Subcommittee began the rule making change process for changes to Section 650

4. STAFF REPORTS

Mr. Fugate updated the Council regarding:

• Army Corps of Engineers project for residential homeowners to raise their homes
• Offshore Wind Energy developments for South Fork and Vineyard Wind.
• CRMC and Attorney General’s Office entered into a Memorandum of Understanding for joint action on enforcement matters in regards to ROW’s that have been blocked by private
  homeowners.
• Ocean SAMP program changes
• CRMC Successional Planning with NOAA

5. CONFIRMATION OF MEMBERSHIP TO THE FISHERMEN’S ADVISORY BOARD -- Processing sector member – New position and applicant

Mr. Beutel explained that two new seats on the Fishermen’s Advisory Board were ready to be filled and he had received documentation from two applicants.

• Neither of the applicants was present
• Council held decision until future meeting when applicants could be present.

6. APPLICATIONS REQUIRING A PUBLIC HEARING FOR SPECIAL EXCEPTION:

2019-06-032 Town of Warren and Department of Transportation -- Construct a shared- use path (SUP) bridge (Prefab 3-span composite) at the site of a former railroad bridge, located Kickemuit River in Warren. The proposed work is at the location of a former bridge built as part of the Warren-Fall River Railroad spur in the 1850’s but destroyed during the 1938 hurricane. The project requires a variance from the standards listed in 650-RICR-20- 00-1-1.1.9(B)(1) (setbacks). A Special Exception is also required for prohibited activities including filling in Type 2 waters and filling in coastal wetlands (Ref. §1.3.1(J) and §1.3.1(B) (respectively). Located at plat 13B, lots 104 and 88; Plat 19, lot 78 – the Bridge@ Kickemuit River in Warren.

Mr. Lucia gave a brief overview of the application stating that the RIDOT initiated the project to
support a grant award for “Safe Route to School”. Mr. Lucia stated that staff did not object to
restoration of temporary altered wetland as there is a greater ecological value and it will improve tidal flushing. Mr. Lucia stated that the Special Exception was being requested for filling in Type II waters and wetland. Mr. Lucia stated that staff suggested added stipulations for planting of Spartina alterniflora and that an environmental consultant be on site during the work. Mr. Lucia stated that one objection was received during the notice period that was beyond the review of CRMC staff. Mr. Lucia stated that upon review, CRMC staff recommended that the Special Exception be granted and the project be approved.

Present for the applicant and duly sworn in were:

• Jody Richards, Project Manager, RIDOT
• William Sterritt, E.I.T., Transportation Engineer at CDM Smith
• Danielle Gallant, QEP, Environmental Scientist at CDM Smith were present
• Robert Rulli, Town of Warren, Town Planner

Mr. Richards, Mr. Sterritt, and Ms. Gallant gave testimony and explained that the project would serve a compelling public purpose in the way that it would improve safety for vulnerable users, such as bikers and pedestrians; and provide access to the Kickemuit and Hugh Cole Elementary School. Mr. Richards stated that RIDOT worked with technical staff and did everything to minimize the impact on the wetlands.

Objector Present:
Barry Lial of Warren, RI was duly sworn and gave testimony that the area was not a good location for the project and that a better location would be Child Street as it is the safest road in the Town. Mr. Lial explained that the project does not comply with meeting a compelling public purpose as it benefits only one neighborhood.

Mr. Rulli addressed the Council stating that Mr. Lial’s representations were not correct and that the project would benefit many people in the community.

Chair Cervenka closed the public hearing. Council discussion came to the conclusion that the special exception criteria were met.

Mr. Hudner motioned for approval of the Special Exception and was seconded by Ms. Reynolds.

Mr. Longo called a roll call vote:

Ms. Collie Yes
Ms. Reynolds Yes
Ms. Montanaro Yes
Mr. Gagnon Yes
Mr. Hudner Yes
Mr. Sahagian Yes
Chair Cervenka Yes

Motion to approve the Special Exception was carried.

Chair Cervenka stated that she found the application materials satisfied the variance criteria.

Mr. Richards stated that they tried to minimize the need for variance by selecting the smallest bridge proposal.

Mr. Lucia stated that the plan was to remove the wetland and use tidal waters as the alternate methodology of wetland mitigation. Mr. Lucia stated that 122 square feet of wetland would be disturbed.

Mr. Lial spoke again giving his objection to the variance stating that warren changing the east end of town from freshwater to salt water is giving up 1/6th of total exiting land area making it a vulnerable to salt water intrusion.

With no further comments, Chair Cervenka closed the public comment period.

Mr. Hudner motioned to approve the variance subject to standard staff stipulations and three recommended stipulations for wetland restoration in accordance with staff request. Mr. Longo clarified the language of the motion. Ms. Reynolds seconded the motion.

Motion carried on a unanimous voice vote.

2019-07-027 CITY OF PROVIDENCE -- To perform maintenance dredging of approximately 22,000 cubic yards of sandy material from the Waterfire area of the Woonasquatucket and Providence rivers extending from the Providence Place mall downstream to the Crawford Street bridge. The material is proposed pumped to Quay in East Providence where it will be dewatered and stacked for beneficial reuse. The material will either be beneficially reused at the Quay or trucked to a Providence Redevelopment lot at 70 Houghton Street in Providence. Located at Water Place Park in Providence, RI

Mr. Goulet presented to the Council about this project explaining that it would entail the maintenance dredge of the Waterplace park area and the river from the Providence Place mall down to the south side of Crawford Street Bridge. Mr. Goulet stated that the dredge material will be pumped via pipeline down the river, through the hurricane barrier and to the quay in East Providence for dewatering and stacking. Mr. Goulet stated that the dredge material was tested and is suitable for reuse and would be used in future projects as permitted. Mr. Goulet stated that there were two comments received during the Public Notice period one from Save The Bay and one from the Providence Foundation. Mr. Goulet stated that CRMC staff recommended approval with standard dredging stipulations and recommended stipulations as outlined in staff report.

There was discussion on dredge material testing and the protections put in place for determination of hazardous materials. Mr. Goulet stated that if the dredge material cannot go to reuse, it would prove negative for the project.

Wendy Nillson from the City of Providence was sworn in and identified for the record.

Ms. Nillson addressed the Council stating that the project would be great for the City of Providence.

The Council did not have any questions for the applicant and there were no objectors present.

Barnaby Evans from Waterfire was present in support of the project.

Mr. Gagnon motioned to approve the project with all stipulations and conditions sited. Mr. Hudner seconded the motion.

The motion carried on a unanimous voice vote.

8. APPLICATIONS THAT WERE CONTINUED AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

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, Portsmouth, RI.

Mr. Beutel addressed the Council and explained that the application was back before the Council due to the fact that during Mr. Beutel’s review of Mr. Torre’s alternate plan, eel grass was found in the area of the farm location. Mr. Beutel stated that he asked Mr. Torre to find 4 new coordinates and in order to do that, Mr. Torre reduced the size of the farm to 2.5 acres. Mr. Beutel stated that he felt that Mr. Torre has made significant effort to work with the CRMC and that he agreed to a stipulation to not apply for any other aquaculture in the area. Mr. Beutel stated that CRMC staff recommended approval. Mr. Beutel stated that in September, a mooring ball had appeared in the middle of the area that the Council approved for Mr. Torre’s farm. CRMC staff member Kevin Cute is in the process of contacting the harbormaster for Portsmouth to see whose mooring it is.

Mr. Gagnon asked how many feet going easterly from the compromised location to the new location. Mr. Beutel estimated about 25 feet.

Mr. Torre was sworn in and identified himself for the record.

Mr. Torre explained that this was the 4th iteration of his plan and that this site is within all sites discussed at length. Mr. Torre stated that the only issues coming from the objectors are perceived home values and aesthetics. Mr. Torre stated that the reduced the size of the farm from going north.

No questions for Mr. Torre from Council.

Objectors:

William Landry, Esq., spoke on behalf of his client Mr. McBreen. Mr. McBreen’s objection
remained the same as previously heard.

Mr. McBreen was sworn in and identified himself for the record. Mr. McBreen asked for a clarification of the new location for the farm. Mr. McBreen stated his objections and asked for a different location. Mr. McBreen stated that his property has stairs leading down to a landing where he and guests paddleboard, kayak and have use of a guest mooring approved by the harbormaster.

Norman Cote was sworn in and identified himself for the record. Mr. Cote stated that his objection is to the new location of the farm. Mr. Cote stated that the mooring was his guest mooring and that it was installed by Greg DeSantis of Aquidneck mooring. Mr. Cote stated that the harbormaster does not have an issue with it.

Mr. Fugate explained the harbor management plan process and stated that the town of Portsmouth did not have an approved harbor management plan; therefore, the guest mooring will not be recognized by the Council.

Mr. Hudner asked if Mr. Cote would be ok with a different location for his mooring if the harbormaster was consulted and he approved of the new location. Mr. Cote said yes.

Chair Cervenka closed the public comment period.

Legal Consult

Mr. Gagnon motioned for approval of the application stating that the new location is only a few feet south and north and reduced by a 1/2 an acre. Clarification of wording by Mr. Longo. Ms. Reynolds seconded the motion. Chair Cervenka stated that she did not think that there would be an unreasonable interference and that the activities could co-exist in this area; and that there would not be a significant impact on what was testified to be the use in the area together with the compromise and reduction of the aquaculture lease.

The motion to approve carried on a unanimous voice vote.

9. ADJOURN

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

Meeting adjourned at: 7:30 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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