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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, January 28, 2020 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
Jerry Sahagian
Ron Gagnon, RIDEM
Trish Reynolds
Joy Montanaro
Mike Hudner

Members Excused
Michelle Collie

Staff Present
Grover Fugate, Executive Director
Jeffrey Willis, Deputy Director
David Reis, Spv Environmental Scientist
Amy Silva, Sr. Environmental Scientist
David Beutel, Aquaculture 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 for the November 26, 2019, December 10, 2019 meetings:

11/26/2019

  • Motion: Vice Chair Coia
  • Second: Mr. Gomez

Motion carried on a unanimous voice vote.

12/10/2019

  • Motion: Vice Chair Coia
  • Second: Mr. Hudner

Motion carried on a unanimous voice vote.

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate updated the Council regarding:

Mr. Fugate has been invited to participate on NPR panel for fisheries and wind to discuss co- existence; David Buetel, CRMC Aquaculture Coordinator will make presentation.

CRMC Invited to make a brief presentation to Congress regarding blue economy.

Mr. Fugate to make a presentation on the Beach SAMP at Yale Law School.

Mr. Fugate to present on coastal resiliency work at an Interstate Task force at University of New Hampshire.

CRMC has been invited to present at an event with the US Geo Survey.

NOAA has asked for a presentation in March on the Beach SAMP.

There is a Cable Working Group meeting scheduled for February 10.

Fishermen’s Advisory Board will meet on February 10, 2020 at the Bay Campus.

There will be a Vineyard update on Phase 1 and talk about V2 on February 27th at our regularly scheduled semimonthly meeting.

5. Coastal Education Series: Matt Behan, OSAA – Aquaculture

Matt Behan of Ocean State Aquaculture Association gave presentation to the Council.

Aquaculture workshop that was held a few months ago. The purpose of the workshop was to bring together municipal leaders from towns that have aquaculture to work together on understanding aspects of aquaculture such as equipment and species and social aspect of aquaculture.

Roll call for applicants

6. FRESHWATER WETLAND IN THE VICINITY OF THE COAST APPLICATION BEFORE THE FULL COUNCIL FOR DECISION:

2019-06-089 QUONNIE PARTNERS LLC -- Construct new commercial structure with associated parking and OWTS; establish Buffer Zone; remove and relocate greenhouses; construct new greenhouses; two new driveways, new parking area; establish planting beds/agricultural fields; install public well. Located at plat 4, lot 68; 16 West Beach Road, Charlestown, RI

Ms. Silva gave a brief overview of the application explaining that the application was in regards to a working farm on a large lot that is dissected by a wetland creating north and south sections of land. Ms. Silva stated that CRMC primarily reviewed the south section. Ms. Silva stated that the property had originally been reviewed by RIDEM Division of Agriculture and the applicant was informed that they could clear the land but the clearing and grading went beyond the scope of their permit. RIDEM Agriculture then referred the applicant to CRMC for review of the North Section which would house a new 3600 sf commercial structure with parking lots and new OWTS. Ms. Silva explained that the onsite greenhouse would be moved to the southern lot along with the establishment of a buffer zone. Ms. Silva stated that the northern lot would also have an increase buffer area and that CRMC review staff did not have any concerns about work in the northern lot.

Ms. Silva stated that two objections were received and that they were both addressed in her staff report.

Ms. Silva stated that there were no staff objections to requested variance and would recommend two additional stipulations along with the usual staff stipulations.

There was some discussion about the overlap of RIDEM Agriculture jurisdiction and CRMC jurisdiction through the Special Area Management Plan.
Ms. Silva confirmed for Chair Cervenka that no further development will be put into the assent via stipulation and that the lot must be restored if farming activities cease. Ms. Silva added that the greenhouses would be removed and the lot would be revegetated.

Applicant and representatives present:
Stephen Peet, property owner
Anthony Nenna, RPE

Both were sworn in and identified themselves for the record.

Mr. Peet addressed the Council stating that his farm and farm stand are pre-existing but would like to increase farm stand business and add a retail area for farm related products and a bakery.

There were no questions for applicant from Council. Applicant was told they would have the opportunity to readdress the Council after the objectors were heard.

Stephen Williams of 81 Briarwood Drive in Charlestown addressed the Council regarding his objections to the application. Mr. Williams’s concerns were regarding the septic system, the required buffer variance and the grading/backfilling of the property. Mr. Williams confirmed for Chair Cervenka that he had read the CRMC staff report.

Ms. Silva stated that the property was reviewed as an agriculture project and that CRMC staff would encourage the applicant to use best farming practices. Mr. Fugate added that the fertilizer application to the property could be controlled and that CRMC would work together with the DEM Dept of Agriculture on the subject of fertilizer. Mr. Gomez stated that state permits and training was required for application of fertilizer and the Council does not consider this unless it concerns runoff. Mr. DeSisto agreed that the Right to Agriculture Act would come into play and it was not CRMC’s jurisdiction. Chair Cervenka encouraged Mr. Williams to read the staff report for jurisdictional information.

Charlotte Brittland addressed the Council to voice her objections. Ms. Brittland’s main concerns were for proper buffer zones. Mr. Brittland expressed concern regarding the wetland violations and buffer violations. Ms. Brittland also expressed concern regarding the parking area for the farm stand.
Mr. Nenna addressed the Council to answer questions regarding some of the objectors concerns. Mr. Nenna confirmed that the buffer zone would be established on the plan and permanent buffer markers would be used as well as letting grass grow so as to not cause erosion issues. Mr. Nenna stated that there would be a shallow sloped gravel driveway. All of these provisions would prevent sediment from going into the wetland.
Mr. Peet confirmed that all local permits were received in September, 2019.
Mr. Williams’ photos were discussed. Mr. Nenna stated that the photos were all taken before and during the grading and that grass exists in the area presently.

There was discussion on the Public Well and the process for permitting. Mr. Nenna stated that the Dept of Health required quarterly sampling of the well, but that the well had not been drilled as they still need the permits.

Ms. Silva confirmed for Mr. Sahagian that staff is confident in the introduction of staff recommended stipulations.

Chair Cervenka closed the public comment period of the hearing.

Mr. Hudner proposed a motion to approve the application with recommended stipulations and with best farming practices used. Mr. Sahagian seconded the motion.

Motion carried on a unanimous voice vote.

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

2019-01-063 THERMAN RICHARD & JUSTIN PINHEIRO -- Establish a two acre oyster farm using floating gear and to grow kelp on suspended longlines. Located in the West Passage of Narragansett Bay, North Kingstown, RI.

Mr. Beutel gave a brief overview of the application to the Council stating that the applicant was seeking a two acre floating gear site in North Kingstown. Mr. Beutel stated that Mr. Richard’s lease would be amongst two other leases using the same gear. Mr. Beutel stated that there was no eel grass and low density of native shellfish in the area. Mr. Beutel confirmed that letters of no objection had been received from RIDEM Water Resources, Marine Fisheries, RI Historical Preservation and Heritage Commission and the North Kingstown Town Council. Mr. Beutel stated that the applicant had met all of the requirements of the CRMP except for larger cages.

Chair Cervenka asked why the larger cage size. Mr. Beutel confirmed that the larger sizes are more efficient. Mr. Beutel stated that minimization was not discussed with the applicant as this site is surrounded by two other leases one of which has 1000 large floating cages.

Mr. Beutel stated that CRMC staff recommended approval.

Mr. Gomez asked about the interference with seal community at Rome Point. Mr. Beutel stated that the farm was far away from seal haul out site.

Therman Richard sworn in and identified himself for the record. Mr. Richard confirmed that his cages are larger but consistent with what is already being used in the area.
Mr. Beutel stated that Mr. Richard’s site would be further out than the two existing sites and that Mr. Richard’s proposed site would only be visible from the beach. Mr. Richards stated that there was minimal boating in this lease area but that there was ample room for navigation.

There were no objectors to application.

Public hearing closed.

Vice Chair Coia motioned to approve, based on record and staff comments. Mr. Hudner seconded the motion.

Motion carries on unanimous voice vote.

2019-07-003 JENNIFER SCAPPATURA – Establish a bottom plant oyster farm adding 4.4 acres to the existing one acre cage culture oyster farm in Quonochontaug Pond. The new 4.4 acres will be for bottom planted oysters (no gear). Located in Quonochontaug Pond, Charlestown, RI.

Mr. Beutel gave a brief overview of the project explaining that the applicant was requesting a 4.4 acre expansion of the existing one acre lease which had been in operation since 2018. Mr. Beutel stated that an approval would grant an expansion to three sides of the lease and allow for bottom planted oyster only which would require no additional gear or cages as the gear would remain in the existing one acre area. Mr. Beutel explained that the bottom plant aquaculture is the scattering of oysters on the surface of the bottom and that it is the lease efficient method of aquaculture but also has the least user conflict. Mr. Beutel stated that the site was assessed in 2015 with no eel grass and the new survey of the expanded lease area also shows no eel grass. Mr. Beutel stated that the survey for shellfish density showed a very low density which has scattered boulders on the bottom. Mr. Beutel stated that they received a number of objections which were enumerated in the staff report and that many objectors were present. Mr. Beutel stated the objectors concerns as being:

  • Negatively impact the access to the existing docks
  • Negatively impact recreational area
  • Negatively impacted navigation
  • Current lease not utilized fully
  • Negatively impact the ecology of the pond
  • Close proximity to the existing mooring field

Mr. Beutel stated that it was challenging to him to see how bottom planting will effect dock access as the naturally existing boulders negatively would affect navigation more than small oysters. The only visible aspect of the proposed lease area would be the four corner buoys. Mr. Beutel state that the current site is sufficiently utilized and that it would be advantageous to have an additional area for nursery so the animals could grow through predator size. This scenario is already in place.

Mr. Beutel informed the Council, while referencing a report on modelling of carrying capacity for the pond, the coastal ponds could have 62 more times the amount of aquaculture occurring before it would affect pond ecology. Mr. Beutel also stated that oysters, being filter feeders, would positively affect the ponds water quality.

Mr. Beutel explained to the Council that CRMC works with each coastal town regarding harbor management plans and co-existing activities in the ponds.

Mr. Beutel stated that the RIDEM recommended, in the Preliminary Determination review, that the applicant only harvest the bottom planted oysters by scuba diving – CRMC did not make that recommendation – CRMC recognizes that boulder ridden areas require numerous means of oyster retrieval. The objection to dredging bullraking for oysters was for the protection of eel grass but there is no eelgrass present on the site.
Mr. Beutel stated that CRMC staff recommended approval of the application as the project met the requirements of CRMCP.

Ms. Reynolds asked about harvesting methods. Mr. Beutel stated that there would be four methods used depending on the area of harvest: dredging, bullraking, tonging, and scuba diving. It was determined that the water depth in the area is approx. 6-9 feet.
Chair Cervenka asked about the boulders present on site in regards to navigation. Mr. Beutel stated that the boulders did impede navigation as well as harvesting of oyster but they are compatible uses.

No further questions for Mr. Beutel from Council.

Jennifer Scappatura was sworn in and identified herself for the record.

Ms. Scappatura explained to the Council that she and her daughters work the current 1 acre aquaculture farm, growing oysters for their business Quonnie Siren Oysters. Ms. Scappatura stated that their product is highly sought after and they need to expand. Ms. Scappatura stated that her philosophy is to conduct her aquaculture business as properly as possible for the pond. Ms. Scappatura stated that in her opinion the objections were “not in my back yard” objections. Ms. Scappatura stated that she had researched her proposed method of aquaculture and that it would easily navigate over bottom planted oysters and that he preferred method of harvesting is to scuba dive which is stated in the applications marketing plan. Ms. Scappatura explained that no docks would be obstructed and that the area is heavily used as the giant boulders take up massive space on her farm. In terms of the utilization of current lease, Ms. Scappatura assured the Council that her lease is fully utilized.

There was discussion regarding the mooring field. Ms. Scappatura stated that the Harbor Master Justin Vale stated that the mooring field could be changed due to the boulders affecting navigation.

Ms. Scappatura confirmed for Mr. Gagnon that her harvest method is only scuba diving.
Chair Cervenka asked Ms. Scappatura what determined the amount of expansion needed. Ms. Scappatura stated that she needed to increase her business to ensure her families welfare.

Speaking In Support of:

Matt Behan addressed the Council stating that Ms. Scappatura’s farm is a great candidate for expansion. Mr. Behan explained that he had been to her farm and that in order to increase her financial situation she needed to expand. Bottom planting method is the lease invasive method and all that would be seen are the four buoys.

Ed Everich of Charlestown spoke in support of Ms. Scappatura’s aquaculture expansion stating that bottom planting is the oldest traditional method of aquaculture. Mr. Everich stated that there would be no navigation issues with bottom planted aquaculture.

Michael Wade spoke in favor of the expansion explaining that one acre is too small for the businesses needs and expanding with a nursery concept to grow out concept makes perfect sense.

Speaking in Objection:

Bill Wilson of Charlestown spoke stating that he agrees with most of Ms. Scappatura’s reasoning. However, there would be a conflict with the designated mooring field which provides a high volume of recreational use. Mr. Wilson felt that bottom culture and mooring fields do not fit and that the Council should deny the application. Chair Cervenka asked if anything existing in the mooring field. Mr. Wilson stated that the town was in the process of revamping the mooring field to establish more areas for boats. Mr. Sahagian inquired as to the size of the mooring field. Mr. Beutel stated it was very large – approx. 36 acres. Mr. Sahagian pointed out that the mooring field is given priority use if 32 of the 36 acres are in use.

Brian Whitney of Charlestown stated that his objection is about the location of the expansion not to an expansion of the current lease. Mr. Whitney explained that Ms. Scappatura’s current farms is marked with ropes and buoys which caused damage to his boat engine. Mr. Whitney also stated that the area is not a boulder field and that where Ms. Scappatura’s expansion is proposed does not have boulders in it. Mr. Whitney stated that the expansion is going into the area used for recreation. Mr. Whitney asked for some compromising as he is willing to go through the appeals process. Mr. Whitney stated that if moorings needed to be moved, the people using the moorings would have to row 500 feet to the new mooring location. Mr. Whitney also disputed that there were no quahogs in the area; he stated that there were tons as well as scallops. Mr. Whitney objected to not allowing recreational shell-fishing in front of his property due to the expanded lease. Mr. Whitney stated he is opposed to the inundation of aquaculture farms in front of his property.

Jessie De La Rama, future resident of Charlestown, addressed the Council regarding his objections, as he would like to someday have a mooring in the vicinity of his future home.

Mallory Andrews has same concerns as stated objections.

Ms. Scappatura returned to address concerns from objectors. Ms. Scappatura stated that she used blue buoys above cages so as to not disturb the view of the neighbors. Ms. Scappatura stated that Mr. Vale was not in shock and explained to Mr. Whitney that the safest route to his dock was to avoid her aquaculture farm. Mr. Whitney was given the proper navigation for his safety. Ms. Scappatura stated that she now has more visible white buoys. Ms. Scappatura stated that Mr. Whitney’s dock is in a very shallow area and that he cannot navigate his boat which caused damage to his engine.

Chair Cervenka asked about the proposed farm equipment. Ms. Scappatura stated that there would be four buoys as corner markers, all would be very visible and that no ropes would be used.

Ms. Scappatura stated that that Harbor Master and the Harbor Commission have no objections to her expansion.

Chair Cervenka closed the public comment portion of the hearing and asked for a motion.
Mr. Sahagian motioned for approval of the application to expand the current aquaculture lease by 4.4 acres based on staff report/recommendations, evidence and testimony heard.

Mr. Gomez seconded the motion.

Mr. Sahagian stated that he has listed to Mr. Beutel make presentations to the Council for over 10 years and that there had never been any cause to believe that his information has been erroneous. Chair Cervenka agreed.

The motion carried on a unanimous voice vote.

7. ADJOURN

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

Meeting adjourned at: 8:11 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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