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 member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, October 13, 2020 at 6:00 p.m. utilizing Zoom Meeting, and Council members participating remotely.
Members Present
Jennifer Cervenka, Chair
Ron Gagnon
Trish Reynolds
Joy Montanaro
Mike Hudner
Don Gomez
Jerry Sahagian
Members Excused
Raymond Coia, Vice Chair
Staff Present
Jeffrey M. Willis, Executive Director
Jim Boyd, Acting Deputy Director
David Reis, Spv Environmental Scientist
Richard Lucia, Spv Civil Engineer
Danni Goulet, Marine Infrastructure Coordinator
Benjamin Goetsch, Aquaculture Coordinator
John Longo, Esq., Legal Counsel
Laura Dwyer, Public Educ and Infor Coordinator
Ryan Moore, CRMC IT, Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Cervenka called the meeting to order at 6:00 p.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.
2. Ryan Moore, Meeting Moderator, briefed participants on the meeting housekeeping items.
3. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Cervenka called for a motion regarding the minutes for the September 22, 2020 Semimonthly Meeting.
Motion: Mr. Hudner
Second: Mr. Gomez
Roll Call Vote:
Mr. Gomez Aye
Ms. Montanaro Aye
Mr. Gagnon Aye
Mr. Hudner Aye
Mr. Sahagian Aye
Ms. Reynolds Aye
Chair Cervenka Aye
Motion carried to approve minutes of September 22, 2020 meeting.
4. SUBCOMMITTEE REPORTS:
None Heard.
5. STAFF REPORTS:
Mr. Willis reported to the Council on the following items:
6. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:
2020-02-043 NARRAGANSETT BAY COMMISSION -- Implement Phase IIIA and Phase IIIB of its Combined Sewer Overflow (CSO) Abatement Program (the Phase III Program). CSO Abatement is a requirement of a Consent Agreement between NBC and the Rhode Island Department of Environmental Management (RIDEM). The Phase III Program will be focused in Pawtucket and Central Falls, which is serviced by the Bucklin Point Wastewater Treatment Facility (WWTF) in East Providence.
The Phase III Program will include construction of the Pawtucket Tunnel, tunnel pump station, four (4) drop shafts, gate and screening structures, consolidation conduits, and diversion structures. Related facilities will include green stormwater infrastructure, sewer separation, a tunnel odor control facility, emergency overflow structures, modifications to regulator structures, and enlargement of dry weather sewer connections. The Master Plan also includes upgrades at the Bucklin Point WWTF to improve operational and treatment efficiency and upgraded administrative facilities. All surface construction will occur in the public right-of-way or on properties owned or controlled by NBC. The project will include a temporary filtered groundwater infiltration discharge associated with Tunnel boring operations.
Portions of the work will occur within coastal areas and freshwater wetland areas regulated by the Rhode Island Coastal Resources Management Council (CRMC). The Rhode Island Department of Environmental Management (RIDEM) has deferred the Freshwater Wetlands review to the CRMC for review under CRMC’s Rules and Regulations Governing the Protection and Management of Fresh Water Wetland in the Vicinity of the Coast (650-RICR-20-00-2).
Project Location: Primarily along the Seekonk and Blackstone Rivers in the Cities of Pawtucket, Central Falls, and East Providence, RI.
Chair Cervenka inquired as to who would be representing Narragansett Bay Commission.
Mr. Reis gave a brief overview of the application on CSO Abatement mainly in Pawtucket in Central Falls explaining that the CRMC staff believed the project met the requirements of the Red Book and meets the avoidance minimum requirements of the CRMC Freshwater Wetlands in the Vicinity of the Coast. Mr. Reis explained that the project was simultaneously being reviewed by the Department of Environmental Management and the US Army Corps of Engineers and that there was a possibility of minor project changes based on those reviews.
Mr. Reis confirmed for Mr. Gomez that the CRMC Staff reports were shared with the applicant and their consultants.
Chair Cervenka appreciated the application procedure with Master Plans submittal. Mr. Reis confirmed for the Chair Cervenka that if any modifications need review, they will be submitted after ACOE review is completed. Mr. Reis stated that other actions, beyond this initial review, in their Master Plan will require further CRMC review. Mr. Lucia stated that the applicant is aware of modifications needed. Mr. Reis confirmed for the Chair that they will be in touch with the applicant over the process of the project. Mr. Reis confirmed that the application was submitted as a requirement through a Consent Agreement with RIDEM to improve water quality going into parts of Narragansett Bay by 2026. Mr. Lucia confirmed no objections and staff recommended approval of the project.
Mr. Blanchard, of Pare Corporation, addressed the Council stating that the presentation of the CRMC staff was accurate and provided an 18 slide Power Point presentation explaining the project.
Mr. Blanchard confirmed for Chair Cervenka that all of CRMC staff stipulations were consistent with the discussions between the applicant, Pare and CRMC staff. Mr. Blanchard did ask that the stipulation regarding the schedule of activities be a rolling update as there could be minor changes in scheduling.
No further questions from the Council.
Kathryn Kelly, Narragansett Bay Commission, addressed the Council stating that CRMC Staff and Mr. Blanchard had done a great job explaining the projects, and had received CRMC documents just that day which included the stipulations. Ms. Kelly thanked the Council for their consideration of the project and looked forward to receiving approval.
No further comments were heard from meeting participants.
Chair Cervenka concluded public comment aspect of meeting
Mr. Gomez, with presentation of Mr. Reis and Mr. Lucia, motioned to approve with stipulations added. Happy to see the confidence in CRMC to do the job.
Mr. Gagnon seconded.
Chair Cervenka stated that she felt the submittal was a very orderly way to go about the approval process addressing the project concept and then have proposing different project milestones through Assent modifications. Chair Cervenka stated that she would be supporting the motion.
Mr. Longo clarified that the project did not require approval of variances or special exceptions.
Roll Call vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Hudner Aye
Mr. Sahagian Aye
Chair Cervenka Aye
Motion carried.
2020-05-034 QUONSET DEVELOPMENT CORPORATION -- The project will be to construct and maintain a new T shaped pier that has a 62-ft wide by 102-ft long approach section from land leading to a 15-ft wide by 120-ft long T portion at the end of the approach section. The pier will be supported by 30-in diameter pipe piles. The project also requires the demolition and removal of a 50-ft by 220-ft seaplane ramp. There is also a rip-rap wall expansion that will include fill below mean high water. Located at plat 185, lot 29; General Dynamics/Electric Boat Facility, Roger Williams Way, North Kingstown, RI.
Chair Cervenka inquired as to who would be representing Quonset Development Corporation (QDC).
Mr. Goulet gave a brief overview of the application to the Council stating that this pier, located in Type 6 waters, would be part of a larger overall project to allow the construction and shipment of larger sections of submarines. Mr. Goulet stated that the project met all CRMC regulatory requirements. Mr. Goulet stated that the CRMC staff Environmental Scientist had no comments on this portion of the project and that CRMC staff recommended approval of the project with standard stipulations.
Mr. Goulet confirmed for Chair that the agency approved the dredge channel in anticipation of the pier project.
Mr. Spinard addressed the Council and stated that this was part of an overall project with Electric Boat as part of a US Navy Submarine build strategy and that the larger Columbia class submarine required a new pier and ocean transport barge. Mr. Spinard thanked the Council for their consideration.
Mr. Gomez expressed his support for the Electric Boat project stating that it would have a major impact on the State of Rhode Island with the benefit of additional employment opportunities.
Chair Cervenka stated it was a straight forward plan and asked for further comments. No comment heard.
A motion to approve was made by Mr. Sahagian and seconded by Mr. Gomez.
Roll Call vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Hudner Aye – Great Project!
Mr. Sahagian Aye
Chair Cervenka Aye
Motion carried.
2019-11-078 TOWN OF BRISTOL -- To expand an existing marina by 79 slips, 60 of which are for residents, 18 are transient slips and 1 100’ space will be used for the SeaStreak ferry. The proposed marina expansion requires a variance from the parking standards as it can only provide 58 of the 78 parking spaces required. The facility will be secured with concrete blocks and chains versus piles due to the wave climate in the area. Located at plat 10, lots 42, 60, 61, 62, 70, 73; Church Street Marina, 127 Thames Street, Bristol, RI.
Chair Cervenka inquired as to who would be representing the Town of Bristol.
Mr. Goulet gave brief overview of the application explaining that the Town of Bristol was proposing to expand the existing Church Street Marina by 89 vessels for a total of 126 potential vessels. Mr. Goulet stated that the project would include the creation of a basin from large heavy wave attenuating floats south of the existing marina which also double as public access. Mr. Goulet explained that the Town was asking for a variance to the parking standard as 84 parking spaces would be required but they could only provide 74 off street parking spaces. Mr. Goulet stated that the expanded marina is separated into two sections, one that is for 38 full time resident only slips and the balance is for transient vessels. There are 32 Transient slips in the expanded marina basin and the remaining vessels are determined by the dock face on the exterior of the concrete floats that could be utilized for vessel berthing. This exterior area will also be utilized by the Providence to Newport ferry during the summer season.
Mr. Goulet stated that the application had undergone significant modifications as part of the multiagency review process such as the modification of the wave attenuating float restraint system from a chain and anchor system to one that utilized elastomeric anchor rodes (strong bungies) which will not disturb the bottom due to waves and tide changes moving the floats up and down. Mr. Goulet stated that it is the opinion of CRMC staff that the application meets the requirements of the RICRMP. Mr. Goulet stated that the Town had provided adequate information in the application to grant the parking variance, however that is the sole purview of the Council and that if the Council granted the variance, CRMC staff recommended approval of the project with the typical stipulations for this type of project.
Mr. Willis clarified for Chair Cervenka that relief from the parking standards is not a regular occurrence but will occasionally occur with public marinas managed by municipality. Mr. Goulet confirmed for Chair Cervenka that each variance criterion was satisfied.
At the request of Chair Cervenka, Mr. Goulet addressed the parking standard variance stating that the town was trying to accommodate transient vessels and that by focusing the majority of the slips to transient boaters the demand for parking would be less than a typical marina. Mr. Goulet made a suggestion that the Council consider stipulating that the transient slips remain as such keeping parking needs lower. Mr. Willis added that if, in the future, the transient slips be made into non-transient slips the town must provide parking documentation.
Ms. Reynolds asked about the Providence to Newport Ferry docking at the marina and if that occurrence would affect parking to which Mr. Goulet stated that CRMC did not have standards for the ferry lot but that there was street parking available.
Mr. Marsili, Bristol Harbor Master, addressed the Council stated that the increase in slips for transient boaters would reduce financial impact on Bristol tax payers. Mr. Marsili stated that there were numerous municipal parking lots in the town. Mr. Marsili talked about the Town’s plans for the marina stating the addition of fishing boats and providing spots for marine business. Mr. Marsili also stated that the wave attenuator would protect the infrastructure of the area up to State Street dock serving a dual purpose.
Matt Bellisle of Pare Engineering provided background on the changes to the wave attenuating float restraint system.
Mr. Marsili agreed on behalf of the Town of Bristol to maintaining slips as transient space.
Mr. Contente, Bristol Town Administrator, addressed the Council providing further information that the Town received a grant from RI Marine Fisheries for transient slips and the previously approved marine pump. Mr. Contente confirmed use of municipal parking lots and stated that the town would abide by the Council’s terms regarding maintaining transient slips as transient spaces. Mr. Contente also explained that the wave attenuator would provide public access.
Mr. McCarthy, resident of Bristol, member of advisory committee to the Bristol Harbor Commission, spokesman for Build Our Ocean Marina (BOOM), spoke in support of the project.
Chair Cervenka closed the public comment portion of the meeting.
Mr. Longo suggested that the stipulation for the transient slips be worded as the marina would not increase the non-transient slips above 38.
Mr. Gomez asked about public access to the shore for fishing purposes. Mr. Goulet stated that it was the Town’s intention to have 24-hour access to the concrete floats pointing out that management of that could become challenging. Mr. Marsili stated that harbor patrol is staffed from mid-May to Columbus Day and that the access would be open.
Chair Cervenka asked for legal language for requiring the Town’s commitment to keeping public access open. Mr. Longo stated a stipulation could be added to the assent asking to maximize public access to the extent as possible. Mr. Contente confirmed that there has always been a fishing pier in Bristol Harbor and that he would advocate for the concrete pier as a ROW for public fisheries but that there may be restriction in the summer time with 80 feet of the concrete floats available for fishing at all times.
Mr. Willis suggested that the Council refer the Public access requirement of the program to staff for language discussion and to work with the Town on the actual language which the Council can ratify at a later date. Mr. Longo stated that if the applicant and staff could not agree on language, the application could be brought back to the Council to provide relief.
Mr. Gomez, seconded by Mr. Sahagian, motioned for the approval of the application with standard stipulations and a stipulation that the Town would not increase non-transient slips over 38 as well as a stipulation on public access to be agreed upon by the Town of Bristol and CRMC staff.
Roll Call vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Hudner Aye – Great Project!
Mr. Sahagian Aye
Chair Cervenka Aye
Motion carried – project approved subject to further discussion with the staff.
2014-12-056 ANTONIO PINHEIRO & JOSEPH PINHEIRO -- Modification of Assent to include: 1) Addition of blue mussels (Mytilus edulis) to the species that can be grown; the blue mussel spat will come from their current site; 2) add sugar kelp (Saccharina latissima) to the species that can be grown on site using their existing trawl lines; and 3) add a permanently moored work platform to the existing site; the floating platform maximum size would be 40 x 20 feet. Project Location: Dutch Island Harbor, Narragansett Bay, Jamestown, RI.
Chair Cervenka inquired as to who would be representing the applicant:
Providing comment for or against the application:
Lorraine Katz
Mr. Goetsch gave a brief overview of the application which is located in Dutch Island harbor on the west side of Jamestown. Mr. Goetsch explained that the applicants applied for a modification of their existing aquaculture farm to include two new species to be cultivated: blue mussel and sugar kelp. Mr. Goetsch explained that no additional gear would be required for the addition of the two species as the owners would be using existing trawl lines will be scaffolding for sugar kelp; and, blue mussels are prevalent in the area and will use the seed that already sets on their gear and grow it out in the currently approved bottom and floating cages. Mr. Goetsch explained that CRMC staff recommended approval of the new species as long as no additional gear was used.
Mr. Goetsch explained that the second part of the modification application is a request for relief from an existing assent stipulation which prohibits a permanently moored vessel/barge on their lease. Mr Goetsch confirmed that it is very rare to have a permanent platform on a lease but there have been a few exemptions granted based on farm location and ability to access the lease. Mr. Goetsch stated that there are not restricted areas that would prevent this lease owner from accessing the water at all tides.
Mr. Goetsch explained that several letters of objection were received from residents of West Wind Drive which is about 4 miles away from this site and that most objections concentrate on the scenic impact of a permanent barge. Mr. Goetsch also stated that there is a mooring field in the vicinity with many boats moored.
Mr. Goetsch stated that the applicants have dockage at Fort Getty one mile from their lease and that the barge is not a necessity for a 20 x 40’ barge permanently moored at this lease.
Mr. Goetsch stated that CRMC recommended denial for permanently moored work barge but recommended approval of the addition of blue mussels and sugar kelp.
Mr. Anthony Pinheiro addressed the Council explaining to the Council that the requested permanent barge structure was a necessity as their docking situation does not provide the storage required for their year round lease responsibilities. Mr. Pinheiro stated that leasing dock space is expensive, the northwest winds make it difficult to work from the dock they lease and is a less efficient way of conducting business as it requires a lot more work and time to get to the lease site and back from the site. Mr. Pinheiro stated that they sell directly to restaurants and they need to be able to access their lease immediately to provide to their customers. Mr. Pinheiro stated that the barge would be low laying and would not create an impact on the scenic view. Mr. Pinheiro expressed concern that the CRMC would not support furthering the business of aquaculture. Mr. Pinheiro stated that in his original discussion with former Aquaculture Coordinator, David Beutel, they were told to establish their business and then apply for a barge, which they have done and they are still being denied. Mr. Pinheiro explained that the barge would be essential for the survival of their business.
Chair Cervenka stated that CRMC is not going against the applicant but that there was a long standing practice to prohibit these types of structures and that the Council is challenged to determine if there are compelling reasons to step away from the long standing policy of the CRMC.
Mr. Joseph Pinheiro addressed the Council and stated expressed concern that the residents currently objecting to their project have other visual impacts closer to their properties than their aquaculture lease such as mooring fields with large boats moored but they are objecting to a moored low laying barge. Mr. Pinheiro stated that the Redbook did not prohibit using a platform on aquaculture farms. Mr. Pinheiro was of the opinion that if an application did not have objections, it went on a path to approval.
Chair Cervenka explained that to the applicant that they were asking for a policy change through your individual application and that there were specific ways to request changes to CRMC policies. Chair Cervenka stated that the policy argument was beyond the application as presented.
Mr. Willis explained that every application received at CRMC stands on its own, that CRMC did not have a policy in which an application gets approved if it does not have objections and explained the application review process. Discussion on aquaculture review diagram from CRMC website.
Chair Cervenka opened the meeting for comment.
Sharon Purdie gave comment on objectionable scenic impact, setting a precedent for the allowances of barges on leases in this area, and increased debris on the shore. Ms. Purdie thanked the Pinheiro’s for having as little gear as possible on their lease.
Renee McCooey gave comment on setting precedence for the allowances of barges, scenic impact and number of cages on each farm in the area.
Lorraine Katz provided comment stating that harbor was pristine and tranquil but slowly changing to what is there now. Ms. Katz asked that the Council prevent it from getting worse.
Chair Cervenka asked the Pinheiros for brief concluding remarks.
Mr. Anthony Pinheiro closed by stating that they needed a permanent vessel to access their farm.
Mr. Joseph Pinheiro stated that they have been following the regulations, were allowed to make application, put a lot of thought into their Procedural plan and appreciate the Council considering their request.
Chair Closed public comment.
Council discussion:
Mr. Hudner made an observation that CRMC was continuously learning about aquaculture through each application but that there is a need to develop a more coherent plan for aquaculture throughout the state.
Chair Cervenka agreed that the Council spends a lot of time on the review of aquaculture leases and what they should look like and how they should develop over time. Chair Cervenka agreed that regulations needed to be refined which would happen with the Bay SAMP. Chair Cervenka stated that the Council heard testimony that there has been a policy that has been followed over 83 aquaculture applications of prohibiting these permanent platforms and that less than 1% of approvals are given barges out of necessity. Chair Cervenka reflected on the Pinheiros situation, acknowledged their need to make a living, but felt that the barge was more for convenience for the site itself. Chair Cervenka expressed concern for setting a precedence and that turning over a policy for this application was not in the best interest of the Council.
Mr. Hudner motioned the application be denied on the grounds of Council established precedent. Chair Cervenka asked for an amendment to approve in-part addition of new species specified with existing gear and deny permanent barge. Mr. Gagnon seconded the motion.
Mr. Longo revised motion to say based on the evaluation of this specific application and visual impact as well as past practice.
Roll Call vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Mr. Hudner Aye
Chair Cervenka Aye
Motion carried for the approval of species using existing gear but denial of barge.
Prior to closing the meeting, Chair Cervenka asked that Council Members identify themselves as they enter the Zoom meeting to make sure we have a quorum.
Mr. Willis explained that CRMC is expected to be moving toward a Zoom Webinar platform which will provide more time efficiencies to our meetings.
9. ADJOURN
Motion: Chair Cervenka
Second: Mr. Hudner
Motion carried on a unanimous vote.
Meeting adjourned at 8:53 p.m.
Respectfully submitted,
Lisa A. Turner
Recording Secretary
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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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