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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, November 12, 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
Ron Gagnon, RIDEM
Jerry Sahagian
Joy Montanaro
Trish Reynolds
Michelle Collie

Members Excused
Mike Hudner
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
David Reis, Spv Environmental Scientist
Danni Goulet, Marine Infrastructure Coordinator
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: As there were edits that were needed on the October 8, 2019 minutes, and an error in posting of the October 22, 2019, the Council pushed the approval of both sets of minutes to the November 26th, 2019 meeting.

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate updated the Council regarding:

  • ACOE along with CRMC looking at flood control projects in the Narragansett Bay area.
  • BOEM’s review of Vineyard Wind offshore wind project. All other proposed submittals
    held in abeyance due to cumulative impact from final decision.

5. Education Series – Water Place Park Dredging – Danni Goulet, CRMC

Mr. Goulet made a presentation on the dredging project that the Council approved at their meeting of November 12, 2019.

6. APPLICATIONS REQUIRING A SPECIAL EXCEPTION BEFORE THE FULL COUNCIL:

2019-03-024 TOWN OF SOUTH KINGSTOWN -- Construct and maintain a 350’ long steel sheetpile seawall with concrete cap and riprap toe protection to be constructed within the Town’s right-of-way along Matunuck Beach Road. The purpose of the proposed seawall is to protect

Matunuck Beach Road and associated Town infrastructure from shoreline erosion. The project

represents Phase 2 of the Town’s infrastructure project for this section of Matunuck Beach Road whereby Phase 1 consisted of 200’ long segment of similar seawall construction immediately to the east which was permitted by the CRMC in July 2012 and completed during the summer of 2018. As with phase 1, the project requires a special exception from 650-RICR-20-00-1.3.1(G)(3)(a) for the construction of structural shoreline protection bordering Type 1 waters (see § 1.2.1(A)(3)(c) of this Subchapter). Also replace water main and pavement along limits of seawall construction. The project further requires a setback variance where the proposed seawall is located inland of the coastal feature but designed to function as structural shoreline protection within the applicable setback. The Town has requested a special exception and a variance for the proposed project. Located on Matunuck Beach Road in South Kingstown.

Mr. Reis gave a brief overview of the application explaining that the Phase II wall project would provide added infrastructure protection for Matunuck Beach Road. Mr. Reis stated that at a Special Exception is required for construction of shoreline protection but that the application would qualify for a special exception for the same reasons described by the Council’s findings for the Town’s Phase I project.

Mr. Reis updated the Council on the Easement requirement from the Maintenance approval for the maintenance of the riprap revetment on the beach area. The Easement had a public access proponent which is being revised to include the Phase II public access proponent. Mr. Reis stated that the access way will provide equipment access for the installation of future experimental erosion control projects that are being proposed to protect businesses and home to the east of the Phase I sheet pile wall.

Mr. Reis confirmed that Criteria 1 of the Special Exception criteria was satisfied because the wall will protect public infrastructure and also that the project entails a public access proponent.

Mr. Reis stated that the CRMC Staff had no objection to the granting of the permit with staff recommended stipulations and deferred to the Council.

There were no further questions for Mr. Reis

Present for the Town of South Kingstown:

  • Andrew Teitz, Esq., Town Solicitor
  • Jon Schock, Public Works Director
  • Richard Bourbonnais, PE, Town Engineer
  • Captain Mark Heeley, Public Safety Director
  • Bob Fairbanks, PE, Fairbanks Engineering Corp
  • Rich St. Jean, PE, St. Jean Engineering, Inc.

Mr. Teitz asked for confirmation that the entire record of Phase I – 2011-09-005 will be incorporated into the record of this application. Chair Cervenka confirmed that the information was in the Council packet.

Chair Cervenka stated that the meeting would begin with the Special Exception information.

Mr. Teitz began by stating that the key point for this particular application was to protect the public infrastructure and the twelve inch water line in the road. Mr. Teitz explained that the Town understood and accepted that this roadway will be overtopped in certain storm events but that the

goal is to protect the road bed and not have it erode so that the town does not lose the water line which is the only potable water line to the houses beyond that point. Mr. Teitz explained that the Town’s purpose of this project is to prevent the road from eroding during storms so that after the storm event, the road will be there and fire, rescue and public works vehicles can get to that area of Matunuck if necessary. Mr. Teitz explained that there were manmade structures that were approved and built on the east of this area but that this section was needed.

Chair Cervenka asked why the projects were split into phases. Mr. Teitz explained that the project was split due to financial reasons and due to opposition from the Ocean Mist.

The Town of South Kingstown provided a large aerial photo as well as current photos of the area of the project and photos of the Phase I completed project.

Jon Schock was sworn in, identified himself for the record as Director of Public Works and gave a brief history of the need for the project. Mr. Schock stated that this phase of the project was taking some time as there were property transfers that were impending between the Town of South Kingstown and Mr. Finnegan of Ocean Mist. Mr. Schock stated that the Phase I project was a six month timeframe.

Mr. Teitz answered Council members’ questions:

  • Explained the project proponents
  • The Town of South Kingstown owns the revetment and the plan is that the Ocean Mist will purchase the land from the Town and rebuild the revetment as well as yearly replenishment of the sand to the toe wall.

Captain Mark Heeley was sworn in and identified himself for the record as Captain of the South Kingstown Police Department and Public Safety Officer. Captain Heeley confirmed that he was very familiar with the Matunuck Beach area and has lived in South Kingstown for over 50 years with assignments to the Matunuck area.

Mr. DeSisto explained that the Council does not qualify expert witnesses.

Mr. Teitz questions Capt. Heeley regarding public safety of Matunuck Beach Road. Captain Heeley confirmed that if the roadbed were to become unpassable, the neighborhoods beyond would be cut off from public safety personnel and vehicles. Capt. Heeley explained that this road was the only route to the residences and businesses. Capt. Heeley explained that if the water main were to become destroyed, there would no longer be potable water to the area nor would there be means to fight fires. Emergency personnel could not pass nor could police.

Capt. Heeley confirmed that this was the only means of vehicular access to the neighborhoods and that the only other access would be via boat. (Special Exception Criterion #3) There were no further questions for Capt. Heeley.

Attorney Teitz stated that there were other studies by the town for providing other means of ingress and egress but the studies proved that there is no reasonable alternative.

Attorney Teitz stated that the Town had a directive to replenish the area with sand and have been doing that and that if property is transferred, the new owner agreed to terms of public access and will continue with the yearly sand replenishment (Special Exception Criterion #2). There was discussion regarding stairway over the retaining wall to access the beach.

Mr. Teitz confirmed for the Council that the Phase II is a continuation of the Sheetpile wall and the concrete cap would be 42” high surrounding the sheetpile. Photos were reviewed by the Council of before and after Phase I. It was confirmed that the Town’s PowerPoint document was part of the record.

Attorney Teitz stated that it was not possible for the Town to abandon two very successful and profitable businesses and all the homes in that area (condemnation costs would be more costly than building the wall). The Town understood that the road would not be there forever but that during the 20-30 year lifespan, other alternatives could be decided upon.

Attorney Teitz confirmed for Mr. Gomez that there was sufficient room to park and still have room for moving vehicles. Also, there was a view over the 42” concrete cap wall.

Mr. Fairbanks was sworn in and identified himself for the record. Mr. Fairbanks explained the composition of the proposed wall stating that the sheetpile would be driven to elevation -30’ with stones for toe protection. A cement cap will be set over the sheetpile and sand will be added as backfill behind the wall.

Attorney Teitz stated the was complete on his presentation for the special exception.

Public Hearing portion:

David Prescott, Bay Keeper at Save The Bay addressed the Council stating that the Town of South Kingstown had failed to show that the road will not be flooded and that there were other options available. Mr. Prescott confirmed for Chair Cervenka that Save the Bay did not think the Criteria for Special Exception were met.

Attorney Teitz stated that his presentation included the Town’s understanding of road flooding.

Mr. Schock addressed the Council regarding the alternatives that were researched during their Phase I portion of the Sheet pile retaining wall project. Mr. Schock stated that the Town looked at and dismissed due to financial constraints or land constraints the possibilities of building a bridge off that section of Matunuck and alternative areas for water main.

Mr. Reis confirmed for Chair Cervenka that CRMC staff was satisfied with the information and research into alternative means.

Mr. Fugate confirmed for Mr. Sahagian that CRMC staff did rely on parts of the record for Phase I of the project as well as relying on the Council decisions made for Phase I as well as the maintenance application of the revetment seaward.

Chair Cervenka closed the hearing for Special Exception.

Mr. Sahagian expressed his concern that the Town may have misrepresented the public access aspect of the Phase I project and possibly a violation of public access policies. Mr. Fugate stated that because Phase I was delayed for quite a while, the Town was cautious in providing a means of access through an area that was unsafe.

Mr. Reis stated that the intention is to provide a means of public access and that CRMC, the Town and Mr. Finnegan are very close to an easement agreement which will lay out where the public access will be provided.

Chair Cervenka reopened the public hearing for Town comments.

Attorney Teitz stated that the fence remains in this area but is open and allows for lateral access from east to west but that access is not easy from the road due to areas that remain unsafe. Attorney Teitz confirmed that the private beach that was acquired by the Town would be maintained as a public area.

Attorney DeSisto stated that is Phase II is approved and easement agreement will be made and access will be available.

Mr. Reis confirmed that the Trailer Park property has an area that provides access to get down to the beach. Once the easement agreement is finalized with the Ocean Mist property, this proposed wall will have a 20’ break to get to the stairs to the beach but the 20’ break will be closed up prior to a storm event. Mr. Fugate stated that the 20’ break will be needed for construction access for experimental erosion control measures.

Attorney Teitz confirmed for Ms. Reynolds that there would not be a Phase III as this point in time.

Chair Cervenka closed the public hearing.

No further comments from the Council

Mr. Gomez motioned, based on testimony and similarity of Phase II and Phase I, to support the approval of special exception. Ms. Collie seconded the motion.

Chair Cervenka supported the motion as well stating that there was sufficient evidence of a compelling public purpose.

Mr. Gagnon asked about staff stipulations. Mr. Reis confirmed that the stipulations were there for Special Exception and approval of the application. Mr. Gagnon asked for clarification on the stipulations as pertained to Mr. Gomez’s motion. Mr. Reis confirmed that the cement cap would benefit the wall and that the easement would have to be honored by any future owners of the property. Mr. Fugate stated that if the revetment is not constructed, there would be maintenance required in this area.

Mr. Gomez maintained his motion as stated with stipulations.

Roll call vote:

Mr. Sahagian abstained
Mr. Gomez Yes
Mr. Coia Yes
Chair Cervenka Yes
Ms. Collie Yes
Ms. Reynolds Yes
Ms. Montanaro Yes

Motion on Special Exception approved with one abstention.

Chair Cervenka opened the public hearing for the application in general and variance criteria.

Attorney Teitz responded to comments from Save The Bay stating that the setback variance is not necessary as the sheetpile wall is a water dependent structure. Attorney Teitz does not believe the the Town of South Kingstown is required to seek a variance.

Mr. St. Jean was sworn in and identified himself for the record as the licensed engineer who, along with Mr. Fairbanks, helped to design both phases of the project. Mr. St. Jean answered questions as to why a setback variance was not required.

Chair Cervenka asked Attorney Teitz to address the variance criterion.

Attorney Teitz stated that the water type might be Type 1 by CRMC standards by the shoreline was not a typical Type 1 shoreline as most of this shoreline was hardened shoreline.

There were no questions from the Council.

Attorney Teitz asked that the alternatives, specifically refer to the finding of fact #17 from Phase I decision – Mr. Alfred’s testimony from that meeting on alternatives, be adopted into the Findings of Fact in this CRMC Legal Decision.

Chair Cervenka asked if Save The Bay has additional comments.

Mr. Prescott addressed the Council and expressed concern that this application, Phase II, was not being reviewed as a separate proposal and using the Phase I application as part of the review. Mr. Prescott expressed concern that cumulative impacts were not being taken into account. It is Save The Bay’s assertion that the Phase I seawall has added to the need for the new Phase. Mr. Prescott also stated that the StormTools platform clearly shows that this project should not be approved. Mr. Prescott asked that the Town of South Kingstown find an alternative, long-term, solution to the Matunuck Beach Road erosion issue.

Attorney Teitz stated that Phase II had not been proposed to deal with failures of Phase I and that Phase II was planned all along. Phase I contention was concerned about end return of Phase I wall.

Attorney Teitz closed by asking the Council to approve the application based on the fact that this project was proposed by a public municipality to protect public infrastructure and provide increased public access. Attorney Teitz stated that there were significant positive impacts from this project and that the Town would be happy to continue to work with CRMC to provide future solutions for this area of South Kingstown.

Attorney Teitz confirmed for Ms. Reynolds that this area was all developed and that the Town had very strict zoning regulations. Wetland regulations and septic requirements prevent and minimize future development in the area.

Mr. Fugate answered Ms. Collie’s question regarding design life by stating the project design life would be approximately 25-30 years assuming there is not a major storm event.

Chair Cervenka closed the public hearing and asked for a motion including variance

Mr. Gagnon motioned to approve with stipulations. Motion seconded by Mr. Gomez.

Motion carried on a majority vote with one abstention.

7. ADJOURN

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

Meeting adjourned at: 7:45 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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