In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, January 26, 2021 at 6:00 p.m. utilizing Zoom Webinar, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Donald Gomez
Patricia Reynolds
Michael Hudner
Ronald Gagnon, RIDEM

Excused
Jerry Sahagian
Joy Montanaro

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
David Reis, Spv Environmental Scientist
Richard Lucia, Spv Civil Engineer
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Ryan Moore, Moderator
Lisa Turner, Office Manager, Recording Secretary
Laura Dwyer, Public Educ and Info Coordinator
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:08 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 January 12, 2021 Semi-monthly Meeting.

Motion approve the minutes of 01-12-2021.

Motion: Vice Chair Coia
Second: Mr. Gagnon
Roll Call Vote:
Vice Chair Coia Aye
Mr. Gomez Aye
Mr. Hudner Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion Carried to approved minutes from 01-12-2021 meeting.

4. SUBCOMMITTEE REPORTS:

Mr. Boyd reported to the Council:

• P&P Sub met earlier today to consider proposed amendment to MP 650-RICR-10-00-1
  • The proposed amendments are:
    • Delete § 1.4.6(A)(10) to remove the required Petition for Declaratory Ruling filing fee
      ($1000);
    • Amend § 1.4.9 to remove the required Petitions for Regulation Changes filing fee ($1000) and add specific requirements for filing materials; and
    • Under § 1.5.9(A) Presentation of Expert and Lay Testimony the amendment specifies the necessary filings and increases the number of days from 5 to 7 prior to a Council hearing that materials need to be filed with the CRMC.
• The Planning & Procedures Subcommittee voted to approve for rulemaking the proposed Management Procedures amendments as presented. Staff will prepare and file the necessary filings with the Office of Regulatory Reform and following ORR approval the CRMC will issue a public notice for rulemaking advertising a 30-day comment period and a public hearing of the Council to be held at a later date.

5. STAFF REPORTS:

Mr. Willis updated the Council on the following:

• James Boyd was now officially the Deputy Director of CRMC.
• Janet Freedman, CRMC Coastal Geologist will be retiring the end of January.

6. REQUEST BEFORE THE COUNCIL FOR 4th AND FINAL EXTENSION APPROVAL PURSUANT TO MANAGEMENT PROCEDURES § 1.5.12:

A2008-09-121 TIVERTON PARTNERS, LLC (Residential)– Assent was to complete the construction of project known as the “Village at Mount Hope Bay” which was originally approved through CRMC Assent B01-04-109.

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Mr. Willis explained that enforcement did compliance check and had no objections to the issuance of an extension.

Mr. Lucia confirmed for Chair Cervenka that the only modifications to the project were changes to the stormwater systems but that overall, no significant regulation changes that would alter the review of the application on this site. Mr. Lucia also confirmed that there were no substantial environmental changes on the site. Mr. Lucia explained that the applicant had made substantial progress in the completion of the project and that there was good cause for the extension at this time.

Jan Greenwood was present from Woodward and Curren. Ms. Greenwood explained the project stating that the pace of the condominium construction was based on sale of the units. Ms. Greenwood stated that there were 10 buildings (22 units) remaining to be constructed.

Jordan Stone was present for Tiverton Partners, LLC and stated that their progress is continuing to move along. Mr. Stone stated that the project has been very successful and that they were moving towards completion and requested one final extension.

Chair Cervenka stated that the request and staff information seemed straightforward and that all criteria been met.

Mr. Hudner expressed his support for the project which began as the remediation of an oil terminal and became a huge amenity for the surrounding communities.

Mr. Gomez expressed his support and talked about the fishermens’ ROW providing another step forward for public access.

Chair Cervenka opened Public Comment and with no comments heard, closed the Public Comment portion of the hearing.

Mr. Hudner made a motion to approve the final extension
Mr. Gomez seconded the motion.

Roll Call Vote:
Vice Chair Coia Aye
Mr. Gomez Aye
Mr. Hudner Aye
Mr. Reynolds Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion to approve the 4th and final extension carried from March 15th, 2022.

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

2019-10-047 EAST BEACH OYSTER CO, LLC -- To re-configure, expand and maintain a bottom plant oyster farm in Ninigret Pond. The current site area is 10.69 acres. The reconfiguration would relinquish a portion of the existing site and expand the remaining portion of the site to create a farm of 15.6 acres. Located in Ninigret Pond, Charlestown, RI.

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Mr. Goetsch addressed the Council stating that the applicant was proposing an expansion of the existing farm. Mr. Goetsch explained that the expansion was to shift the lease to the west with expansion to the north to create 5 more acres added to the 10 acres to make 15 acres.

Mr. Goetsch stated that no objections were received during the public notice period but that the application required Council approval as it is over a 10 acre aquaculture site.

Mr. Goetsch explained the RIDEM Fish and Wildlife asked that there be a limited working hours due to possible negative effects on winter waterfowl and birds foraging in the summer on the mudflats but CRMC staff felt the restriction of hours was not appropriate as the lease location was 1400 feet from any shoreline and the activities would have little to no impact on foraging birds on the mudflats.

Mr. Goetsch reported that there was low density of quahogs and no eel grass present.

Mr. Goetsch explained that Ninigret is getting close to the 5% limit and that if this expansion were to be approved aquaculture would account for 72.46 acres which is 4.4% of the pond. Mr. Goetsch stated that the total aquaculture acreage estimated for Ninigret pond would be 82 acres but that there is not much room for further expansion so it may not reach the 5%.

Mr. Goetsch stated that he recommended approval of the expansion as proposed.

Mr. Goetsch confirmed for Chair Cervenka that the submitted application satisfied the standards for a Category B.

Chair Cervenka about RIDEM suggestions and Mr. Goetsch stated that in some cases the suggested working time limitations are agreed to but in this case it was not necessary to impose limitations due to location of lease.

Chair Cervenka invited Nicholas Papa, East Beach Oyster, to speak. Mr. Papa stated that he was in agreement with the staff report and was available for questions.

There were no further questions for the applicant.

Chair Cervenka opened the floor for public comment. With no comments heard, Chair Cervenka closed the public comment period of the hearing.

Mr. Hudner motioned, seconded by Mr. Gomez, for the approval of the application as proposed.

No further discussion
Roll Call:
Vice Chair Coia Aye
Mr. Gomez Aye
Mr. Hudner Aye
Mr. Reynolds Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion carried.

2018-04-096 JANE E. ROSMAN, TRUSTEE – Demolish (or remove) existing storage building and construct a new 2-bedroom, two story dwelling with a deck and access stairway. The dwelling will have the same footprint (structural lot coverage) as the existing storage structure and will be serviced by an existing well and public sewer service. The proposed driveway to the dwelling will cross adjacent lots 46, 45 and 36 while two parking places will be provided on, or partially on, adjacent lot 36. Buffer zone and setback variances are required. Located at plat 5, lot 35; 228 Beach Avenue, New Shoreham, RI.

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Mr. Willis explained that a Request for the Withdrawal of the application with prejudice was received earlier in the day from Attorney William Landry. Mr. Willis explained that the applicant could not reapply for this particular project and that any new submittal would need a substantial change to the project.

Mr. Hudner motioned, seconded by Mr. Gomez, to approve the Request to Withdraw.

Chair Cervenka was in support of the proposal to withdraw saying it was the appropriate way to go.

There were no questions for Mr. Reis regarding the application or withdrawal of such.

Roll Call Vote:
Vice Chair Coia Aye
Mr. Gomez Aye
Mr. Hudner Aye
Mr. Reynolds Aye
Mr. Gagnon Aye
Chair Cervenka Aye

Motion to approve request to withdraw was carried.

9. ADJOURN

Motion: Chair Cervenka
Second: Mr. Hudner

Motion to adjourn carried.

Meeting adjourned at 6:45 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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