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, February 9, 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
Joy Montanaro
Ronald Gagnon, RIDEM
Excused
Jerry Sahagian
Michael Hudner
Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Benjamin Goetsch, Aquaculture Coordinator
Tracy Silvia, Principal Environmental Scientist
Timothy Motte, Principal Environmental Scientist
John Longo, Legal Counsel
Stephen Antonucci, Legal Counsel
Ryan Moore, Moderator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Cervenka called the meeting to order at 6:10 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 26, 2021 Semi-monthly Meeting.
Motion approve the minutes of 01-26-2021.
Motion: Vice Chair Coia
Second: Mr. Gagnon
Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Chair Cervenka Aye
Motion Carried to approved minutes from 01-26-2021 meeting.
4. SUBCOMMITTEE REPORTS:
None were heard.
5. STAFF REPORTS:
Mr. Willis updated the Council on the following:
6. APPLICATIONS THAT HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:
Mr. Willis prefaced the review of the applications by explaining that they had gone through the administrative 1.1.6/Dock review process. Mr. Willis explained that staff reports listed no objections to any of the applications being reviewed; however, the applications required Council review due to variance requests.
2020-09-146 JOSEPH & KATHLEEN WHELAN -- Construct and maintain a residential boating facility consisting of a ~60’ upland access ramp leading to a ~ 4’ x 84’ fixed timber pier, 3’ x 20’ ramp and 10’ x 15’ (150sf) terminal float. The facility will extend ~104’ seaward of the cited MLW mark and requires a 54’ length variance to Red Book 650-RICR-20-00-1 Section 1.3.1(D). Located at plat 178, lot 110 12 Portside Drive, Bristol, RI.
Ms. Silvia gave a brief overview of the application explaining that the proposed facility would be located on the west side of Bristol Harbor, specifically the open waters of Poppasquash Point. Ms. Silvia stated that the proposed facility would consist of a pier, ramp and float design. Ms. Silvia stated that the Public Notice period ended on December 5, 2020 with no comments received. Ms. Silvia stated that several staff suggestions were discussed with the applicant for the avoidance of the wetland. Ms. Silvia stated that there was no SAV present. Ms. Silvia stated that the dock application was before the Council due to a length variance requested which would enable the application to acquire 4’ of water at the terminus of the dock. Ms. Silvia stated that the proposed facility would be in line with other docks in the area. Ms. Silvia stated that CRMC recommended approval of the application with a stipulation that stated a Certificate of Occupancy was required to be received prior to construction of the dock.
Ms. Silvia confirmed for Chair Cervenka that staff had reviewed that request against 6 variance criteria and found that the length variance was necessitated by existing conditions. Ms. Silvia stated that the added length was to avoid a rock and to acquire water depth which is consistent with other CRMC regulation. Ms. Silvia stated that relocation of the dock would have brought the dock too close or over the existing wetland.
There were no questions for Ms. Silvia from Council.
Ron Blanchard was in attendance to answer questions while the applicant tried to connect to the webinar. Mr. Blanchard stated he was in agreement with Ms. Silvia’s report and presentation to the Council. Mr. Blanchard confirmed that he was authorized to speak for the applicant.
Chair Cervenka invited public comment and with no comments were heard, closed the comment period.
Mr. Gomez motioned to approve the application based on staff review and subject to staff stipulations.
Ms. Reynolds seconded the motion.
Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Chair Cervenka Aye
The motion to approve with stipulation has carried.
2020-11-083 ERIC HEDISON REVOCABLE LIVING TRUST -- Construct and maintain a residential boating facility consisting of an upland ramp, a ~4’ x 97’ fixed timber pier, 2.5’ x 20’ gangway and 8’ x 18’ (144 sf) terminal float. The facility is proposed to extend ~107’ seaward of the citied MLW mark requiring a 57’ length variance to RICRMP Red Book Section 1.3.1(D). Located at plat R-2, lot 340; 15 Mollusk Drive, Narragansett, RI.
Ms. Silvia gave a brief overview of the application explaining that the proposed structure was a pier, ramp and float design to be located in Pt Judith Pond at west side of Great Island. Ms. Silvia explained that the proposed project required a 57’ length variance. Ms. Silvia stated that the Public Notice period ended on January 2, 2021 with no comments received. Ms. Silvia stated that during administrative review of the application staff recommended a length reduction to be consistent with adjacent structures and lessening the variance required to 36’. Ms. Silvia stated that the proposed facility would extend off an existing seawall at MHW mark which would not allow for lateral access under the dock. Ms. Silvia stated that the applicant did everything to minimize variance criteria. Ms. Silvia stated one staff stipulation was that the outhaul components required removal during dock construction.
Ms. Silvia confirmed for Chair Cervenka that the length variance was driven to achieve appropriate water depth.
There were no further questions from Council.
Eric Hedison and Ernie George were both sworn and identified themselves for the record
Mr. George stated that both he and the applicant agree with staff report and recommendations. Mr. George stated that there was no SAV found during the required survey. Mr. George explained that sideline setbacks had been met and that even with the dock shorter per staff request, the water depth at MLW remains between 18” and 2’. Mr. George stated that Jeff Balch was also available for questions.
Mr. Hedison confirmed for Chair Cervenka that the agreed to the stipulation of outhaul removal.
There were no questions from Council to the applicant.
Chair Cervenka invited the public to comment and with no comments heard, closed the public comment period.
Mr. Gagnon motioned to approve the application with the stipulation of outhaul removal
Mr. Gomez seconded the motion.
Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Chair Cervenka Aye
Motion to approve with stipulation carried.
2020-05-059 GORDON & SHARON FLETCHER -- to construct and maintain: a residential boating facility consisting of a four foot wide timber pier ramped to a 150 square foot float; the facility will span a fringe marsh at a height of five feet; it will extend 86 feet beyond MLW (36-foot length variance) to provide 17” MLW depth (1” depth variance) at its terminus. The float will be chocked at its MLW elevation to prevent grounding. Finally, it will extend to a distance of three feet off Town Mooring Area 5 (47’ variance, if required). Located at plat 142, lot 61; 505 Shore Acres Avenue, North Kingstown, RI.
Mr. Motte gave a brief overview of the dock application to the Council explaining that the proposed dock would be located in Wickford Harbor of North Kingstown adjacent to the mooring field. Mr. Motte explained that the application was before the Council for approval of length variance of 56’ and water depth variance for 17” of water at terminus of dock. Mr. Motte explained that the 86’ long dock would extend 30’ over a fringe marsh to avoid placing piles in the marsh and that due to the shallow water depth the float would require float chocks to prevent scouring. Mr. Motte stated that the Town offered no objections to the proposed facility, the application received ACOE approval and that there were no objections to the approval of the application from CRMC staff.
Mr. Motte confirmed for Chair Cervenka that sideline setback letters of no objection were received from neighboring property and that no property line setback variance was needed.
At Chair Cervenka’s request, Mr. Motte explained that the concept of wharfing out was the right of a property owner, whose property abuts a mooring field, to wharf out from their dock.
Mr. Motte confirmed that he had reviewed the variances requested in terms of CRMC variance criteria and the application meets the criteria.
There were no questions from the Council other than a confirmation of the one stipulation from staff for 18” float chocking.
Gordon Fletcher was is attendance along with is engineer, Warren Hall. Mr. Fletcher and Mr. Hall were both sworn in and identified themselves for the record. Mr. Hall began having computer problems.
Mr. Fletcher agreed with Mr. Mottes report and confirmed his agreement to the chocking of the float.
There were no questions from Council to the applicant.
Chair Cervenka invited public to comment and with no comments heard, closed the public hearing.
Vice Chair Coia motioned to approve with stipulation
Seconded by Ms. Reynolds
Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Chair Cervenka Aye
Motion carried and application approved.
2019-12-055 WALRUS & CARPENTER OYSTERS, LLC –Installation and maintenance of 7.8 acre aquaculture site using floating cages. Located in West Passage of Narragansett Bay, Jamestown, RI.
Mr. Goetsch gave a brief overview of the application to the Council stating that the proposed site which is in the vicinity of Dutch Island in Jamestown proposes high profile floating cages. Mr. Goetsch gave a history of the aquaculture site explaining that at one time there were an excessive number of cages on the site which was rectified through CRMC intervention and that the residents of West Wind Drive continued having concerns with the original two acre site which is the closest aquaculture site to the neighborhood of West Wind Drive. Mr. Goetsch explained that the applicant reached out to USDA for mediation with residents and over a series of meetings an agreement was solidified. Mr. Goetsch explained that the applicant agreed to move the two acre farm from the original site to a new location a half mile up the shoreline away from the neighborhood and the Mr. Opton-Himmel would apply for a larger lease than the original two acres. Mr. Goetsch explained that the Westwind neighbors agreed not to object to the new application if the 2 acre leased site was moved.
Mr. Goetsch explained that the application was reviewed by the standard process and that during a survey of the new seven acre location he did not find a high density of quahogs.
Mr. Goetsch stated that RIDEM Fish & Wildlife submitted letter of objection on this proposal due to overlap of historic eelgrass habitat. Mr. Goetsch explained that subsequent outside source surveys have been done with no eelgrass being found and that CRMC also conducted a survey in the summer of 2019 and there was no eel grass found.
Mr. Goetsch stated that two objections were received during review expressing concern for the impact to the Great Creek area which, Mr. Goetsch explained, was quite far from this site and there would be minimal impact to the creek as well as the mooring field. There was also an objection concerning the new locations effect on a mooring field in the vicinity to which Mr. Goetsch stated the mooring field is further away from the new location than the original site.
Mr. Goetsch was contacted by applicant in the fall regarding his having discussions with the owners of Watson farm which is the property closest to new site. The main concern was for continued public access for recreational activities. Mr. Goetsch met with applicant and the owner of Watson farm to look and negotiations continued but a hard agreement was not reached. Mr. Goetsch stated that the applicant submitted a revision to modify the northern most boundary further south to be further away from the Watson Farm public access point, while proposing to widen the lease a bit with same number of cages in the same style. Mr. Goetsch stated that CRMC has a preference for the revision as the conditions are more suitable; and additionally, RIDEM staff indicated favorably that it is acceptable. Mr. Goetsch explained that the new sketches show a more organized gear layout in the revised area which will aid in anyone traversing in kayak from the shore. Mr. Goetsch stated that the original application as submitted and revision both meet the requirements of the Red Book given that the revision is preferable, staff recommends approval of revision to reference Jan 13 2021 plans.
Chair Cervenka asked if the revised plans affected the Westwind neighborhood or had any impact on the mediated resolution. Mr. Goetsch stated that the applicant ensured that the residents agreed with the revision.
Chair Cervenka asked if a time period for relinquishment of the current site was a condition of the mediation solution. Mr. Goetsch explained that there was a two year window to vacate the original site. Mr. Goetsch explained he felt that through the end of the year would be more reasonable to vacate the current site.
Mr. Goetsch confirmed for Chair Cervenka that the RIDEM had requested that CRMC stipulate having non-mechanical deterrents on the site. Mr. Goetsch also recommended have lighted buoys for the corner markers to aid in nighttime navigation.
Mr. Goetsch stated that the West Wind Drive residents raised a concern that another aquaculturist would request to use the original site once vacated. Mr. Goetsch explained that given the history of the area any subsequent PD review or discussion on this site would involve full weight and experience of this story.
There was discussion regarding the Bay SAMP which would include aquaculture site planning regulations.
Mr. Goetsch confirmed for Mr. Gomez that the configuration of the proposed site was based on the applicant’s experience and that the spacing of lanes running parallel to the shore will be large enough for small paddle craft
Mr. Longo clarified that the Jan 13, 2021 attachment M had a typo and was marked as 2020 cages but the application is for 2000 cages.
Mr. Longo clarified that without proper notification of intent to ban aquaculture in the area, it cannot be done at this meeting, however, the Council can require all future applications for this site be brought before them.
Jules Opton-Himmel was sworn in and identified himself for the record. Mr. Opton-Himmel thanked the Council for their review and Mr. Goetsch for his report of the proposed application. Mr. Opton-Himmel explained the confusion on the number of cages in his current lease site stating that the success of his business depended on having at least 2000 cages as he created a market for his product with 95% being sold within RI.
Chair Cervenka commended Mr. Opton-Himmel for entering into the mediation process and hoped this would serve as a model for future contested aquaculture proposals.
Mr. Opton-Himmel explained as the request of Chair Cervenka, that vacating his current site is not as easy as just removing the cages. Mr. Opton Himmel stated that the new site had to be set up and cages were to be brought over in phases during this spring and next spring.
Mr. Opton-Himmel stated he agreed to the lighted buoys and the non-mechanical deterrents.
There were no further questions for Mr. Opton-Himmel from the Council.
Chair Cervenka invited public comment.
Anna Gerber Williams from the RIDEM Division of Marine Fisheries, confirmed the RIDEM’s agreement with the revised site and stated that RIDEM is pleased to see it will be move out of the area of historical eel grass site.
Max Sherman – owner of Watson Farm
Renee McCooey
Allen Katz
Jamie Hainsworth, Town Administrator of Jamestown
Chair Cervenka thanked Mr. Hainsworth for his comments as representative of the Town of Jamestown and assured him that the Bay SAMP is a high priority for CRMC. Chair Cervenka thanked the Town for their willingness to help CRMC.
Mr. Opton-Himmel stated he was sympathetic to the concerns of the community but that the issues being expressed are planning discussions that will be needed for aquaculture. Mr. Opton-Himmel offered his help and his willingness to be part of the community
Mr. Opton-Himmel stated that the number of cages was discussed during remediation and that the timeframe for vacating the original site was offered in the remediation documentation.
Mr. Opton-Himmel stated that he was comfortable with having two springs to vacate the site.
Hearing no further comments, Chair Cervenka closed the Public Hearing.
Mr. Goetsch confirmed for Chair Cervenka that he had reviewed the application against all redbook criteria and found it met requirements.
Chair Cervenka suggested stipulating a timeframe for vacating the original site with a flexibility for the aquaculturist to extend for an additional 6 months if necessary.
Mr. Gagnon motioned for the approval of application with conditions discussed including non-mechanical bird deterrents and lighted buoys with the allowance for one year to vacate original site with one season extension if Executive Director feels there is just cause. Clarification of motion to add -- based on revised plan dated January 13, 2021 and if good faith effort is shown, allowing a 6 month extension if required providing 18 month maximum to vacate the original site.
Ms. Reynolds seconded the motion with clarifications.
Roll Call Vote:
Vice Chair Coia Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Gomez Aye
Chair Cervenka Aye
Motion carried to approve application with stipulations articulated with the revised plan.
Further discussion on the need for update Aquaculture regulations in which Chair Cervenka stated that discussions would begin with the Planning and Procedures Subcommittee.
9. ADJOURN
Motion: Mr. Gomez
Second: Vice Chair Coia
Motion to adjourn carried.
Meeting adjourned at 8:00 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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