RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...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, January 14, 2020 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
Trish Reynolds
Joy Montanaro
Mike Hudner
Members Excused
Jennifer Cervenka, Chair
Michelle Collie
Jerry Sahagian
Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
Tracy Silvia, Prin Environmental Scientist
James Boyd, Coastal Policy Analyst
John Longo, Deputy Legal Counsel
1. CALL TO ORDER
Vice Chair Coia called the meeting to order at 6:00 p.m.
2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Vice Chair Coia called for approval of minutes for the December 10, 2019 meeting:
Motion carried on a unanimous voice vote.
3. SUBCOMMITTEE REPORTS
Policy and Procedures Subcommittee recommended rule making on the following and looks for council concurrence: Brief summary of proposed amendments to 650-RICR-20-00-1:
1. Amend § 1.1.2(A)(62) to clarify the definition of “filling” to include any source of materials;
2. Add new § 1.1.2(A)(75) for definition of hybrid shoreline protection;
3. Add new § 1.1.2(A)(82) for definition of longshore current;
4. Amend renumbered § 1.1.2(A)(84) to modify definition of maintenance of structures;
5. Amend renumbered § 1.1.2(A)(85) to simplify the definition of “manmade shoreline” to include permitted or unauthorized alterations;
6. Add new § 1.1.2(A)(97) for nonstructural shoreline protection;
7. Amend renumbered § 1.1.2(A)(131) to further define “riprap” to exclude concrete debris and include a maximum slope when used to create a revetment.
8. Amend renumbered § 1.1.2(A)(138) to further define what constitutes a “seawall” and to include gabions as an acceptable construction element.
9. Amend renumbered § 1.1.2(A)(155) to redefine structural shoreline protection and include toe protection.
10. Add new § 1.1.3(C)(5) to specify that applicants need to obtain all other permits unless preempted by federal law or the Council waives the requirement (this is an existing requirement within this Part);
11. Amend § 1.1.5(D) to specify that existing Figure 1 depicts the 2011 geographic location description (GLD);
12. Amend §§ 1.1.6(E)(2) and (3) to specify that the Executive Director determines, rather than verifies, whether variance criteria have been met;
13. Amend § 1.1.6(F)(2) to add more specificity for public notice requirements;
14. Amend § 1.1.6(I)(2)(d) to further specify the threshold for expansions within a minimum setback;
15. Amend § 1.1.7(A) to simplify variance requirement language;
16. Amend § 1.1.8(A)(1)(b) to specify that a water-dependent activity or use, which serves a compelling public purpose may qualify for a special exception;
17.Amend § 1.1.8(B) to specify that the Council issue a written decision for special exceptions;
18. Amend § 1.1.9(B)(1) to specify that water dependent uses as well as activities may be exempted from setback requirements;
19. Add new § 1.1.9(B)(6) to require setbacks consistent with § 1.3.1(G)(1)(e);
20. Amend § 1.1.13(C) to limit criteria for hearing officer consideration in determining administrative penalties;
21. Amend § 1.1.14 (B)(1) to specify that only the Executive Director may grant an emergency assent in certain circumstances;
22. Amend § 1.1.14 (B)(2) to specify that finds shall be documented and made available as a public record;
23. Amend § 1.1.14 (C)(3) to specify that temporary moratoriums be changed from 30 to 90 days to allow sufficient time for damage assessments;
24. Amend § 1.1.14 (C)(4) for technical correction to language;
25. Amend § 1.2.2(A)(1)(d)(13) to specify that every vehicle operated on a beach be four-wheel drive;
26. Amend §§ 1.2.2(C)(2)(b), (c) and (e) to correct for citation errors;
27. Amend § 1.2.2(F)(1)(a) to include the fact that manmade shorelines prevent the migration of coastal habitats;
28. Amend §§ 1.3.1(F)(4)(b), (f), (h), (j), (l) and (m) to correct for proper references to state stormwater management rules and guidance;
29. Amend § 1.3.1(G) in its entirety to add new policies, prerequisites, prohibitions and standards for new options for alternative hybrid and non-structural shoreline protection measures;
30. Amend § 1.3.1(H)(3)(a) to delete superfluous text and reference certified verification agent definition within the Part;
31. Amend § 1.3.1(J)(1)(e) to add specificity to variance requirement;
32. Amend § 1.3.1(K)(5)(a)(1) to include removal of gear in cases of aquaculture permit revocation or termination;
33. Amend § 1.3.1(P)(4)(a) to specify that boat/float lifts can only be authorized as an accessory structure to a fixed pier or bulkhead and to increase the minimum elevation standard from 3 to 5 feet above the high tide level; and
34. Other minor technical corrections as shown within the track changes.
Motion carried on a unanimous voice vote.
4. STAFF REPORTS
Mr. Fugate updated the Council regarding:
Chair Coia called attendance on the application looking to see who would like to participate and explained the meeting procedures for this particular meeting.
5. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:
2018-11-092 PAUL & TARA SANTA BARBARA -- Construct and maintain a residential boating facility consisting of a 4’ x 67’ fixed timber pier, 3’ x 20’ access ramp and 8’ x 18’ (144sf) terminal float. The facility is to extend ~37’ seaward of the cited MLW mark and requires a ~19’ property line setback variance to Red Book 650-RICR- 20-00-01 Section 1.3.1(D). Located at plat R-2; Lots 229, 230, 231; 10 Sea Crest Drive, Narragansett, RI.
V. Chair Coia began the proceeding by explaining that the application would be partially heard due to the fact that the Quorum would become insufficient at 7:00.
Beth Noonan, Esq, Attorney for the applicant, explained that their engineer CJ Doyle, PE was not able to attend the meeting due to a family emergency. Ms. Noonan asked to be able to begin proceedings and then continue the application for a later date when Ms. Doyle was able to attend.
Present for the Applicant:
Ms. Noonan began her presented to Council explaining that the reason the application was before the Council was due to objections to the construction of the dock adjacent from a town Right of Way (ROW). Ms. Noonan questioned a duly sworn Mr. Santa Barbara who explained that he was able to get a sideline setback sign-off from Robert Taylor, the abutting neighbor to his east (if facing the water) but met with objections due to the proposed dock’s proximity to the frequently used ROW which abuts his property to the west (facing the water). Mr. Santa Barbara explained that the Town of Narragansett reviewed the application at a town council meeting as the property abutting his is owned by the Town. The Town of Narragansett was concerned regarding the proposed dock’s proximity to outhauls in the area as well as hindrance of use. Mr. Santa Barbara stated that there were ongoing discussions with neighborhood association to come to an agreeable solution for all.
Ms. Silvia, CRMC Staff Member, gave an overview of her staff review stating that the proposed facility met all CRMC construction standards except for the 19’ variance required for the west side sideline setback. Ms. Silvia stated that the objections were mainly safety concerns, boat launching obstacles and proximity to the outhauls located in the area. Ms. Silvia stated that CRMC had no objection to the issuance of the permit.
The question of the outhauls in the area was discussed. Mr. Fugate stated that the CRMC requires the Harbor Management Program for each municipality to address outhaul procedures.
Mr. Fugate stated that the CRMC is unaware of any town approvals for the outhauls and it looks as though they are unauthorized.
There was a discussion of riparian rights and of the Superior Court in the establishment of riparian rights versus CRMC.
Ms. Noonan introduced Mr. Balch who was duly sworn. Mr. Balch addressed the Council and using large scale plan explained the location and shape of the property as well as showing the position of the outhauls in question. Mr. Longo marked the plan as Exhibit A.
Ms. Noonan reiterated that she would like to return to the Council when Ms. Doyle was available and after further discussions with the neighborhood association.
V. Chair Coia asked if anyone in favor of the application wished to speak.
Robert Taylor, neighbor to the east when facing the water, was sworn in and identified himself for the record. Mr. Taylor stated that it was his intention to build a home on his lot as well as building a dock and he was in favor of docks in the area as he would like to build one from his lot. Mr. Taylor impressed upon the neighbors present that discussions should be had to resolve the conflict amicably.
V Chair Coia suggested that the parties involved should get together to try to resolve the issues.
Michal DeLuca, Planning Director for Town of Narragansett explained the Town’s position to the Council stating that the Town had looked at this proposed project extensively and that there was a concern that the dock could possibly encroach on the open area for travel from the launching ramp. Mr. DeLuca stated that the ROW was heavily used and asked that the applicant make an effort to minimize the intrusion on the open pond by the end of the ramp. Other suggestions were moving the float further north, reduction of the float to 12’ in length, commit to a limitation of boat size and only docking on the eastern side of the float. Mr. DeLuca was accepting of further discussion for resolution to the best interest of all parties.
Further discussion of the outhauls and lack of documentation.
Mr. Hudner expressed his interest in all parties in further discussion amongst all parties to come to an amicable solution so everyone can have usable access.
V. Chair Coia explained that one of the members of the Council had to leave the meeting and there would no longer be a quorum. He suggested a continuance to a different date.
Robert Crook addressed the Council expressing his concern in regards to the positioning of the dock but was optimistic that further discussions could be had and an amicable proposal could be considered. Mr. Crook passed out package which was marked as Objectors 1.
It was decided to revisit the application at the CRMC Semimonthly Meeting scheduled on February 11, 2020.
6. PUBLIC HEARING ON PROPOSED RULE MAKING:
Management Procedures (650-RICR-10-00-01) -- The CRMC proposes to amend its Management Procedures to clarify and improve its regulatory procedures, including adding Council member coastal program training, adding specific requirements for staff recommendations and written findings of fact and conclusions of law in contested cases, and consolidation and simplification of determination requests and beach vehicle permit fees, among other proposed changes as summarized below.
Brief summary of proposed amendments to 650-RICR-10-00-01:
1. Amend § 1.2(C) clarify member abstention process;
2. Add new § 1.2(G) for member training requirement and participation on a Council subcommittee;
3. Amend § 1.4.5 to simplify determination requests and fees;
4. Amend § 1.4.6(A)(11) to consolidate and simplify beach vehicle fees;
5. Amend § 1.5.1(A) to add specificity of public notice for variances and special exceptions; and
6. Add new §§ 1.8(B)(1) and (2) to add specificity for recommendations and findings of fact and conclusions of law.
Mr. Fugate explained that the proposed changes before the Council had been presented to the Council at a public hearing on December 10th, 2019 and that there had been no changes. Mr. Fugate stated that the staff report spoke fully to the matter.
Motion to approve changes:
Motion carried on a unanimous voice vote.
7. ADJOURN
Motion to Adjourn:
Motion: Vice Chair Coia
Second: Ms. Montanaro
Motion carried on unanimous voice vote.
Meeting adjourned at: 7:00 p.m.
Respectfully submitted,
Lisa A. Turner
Recording Secretary
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
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