3. Subcommittee Reports

Mr. Boyd reported out to the Council that a Subcommittee Workshop would be held for the Raso Subcommittee on Tuesday, October 26, 2021 at 5:00 p.m. before the next Council Meeting.

5. Staff Reports

Mr. Willis addressed the Council on the following matters:

• Block Island Wind Farm Export cable update – Narragansett Electric have begun work on cable burial.
• Wind Farm applications – CRMC has three wind farm applications under review, Orsted’s Revolution Wind and Sunrise Wind and Vineyard Wind II. CRMC will receive two more by the end of the year,
  Mayflower and Equinor
• House Commissions
  • Shoreline Lateral Access
  • ReOrganization of the Council

7. Applications Before the Full Council Requesting a Fee Waiver:

2021-08-048 Narragansett Electric Company dba National Grid & City of Pawtucket – Fee Waiver requested for proposed Sports-centered mixed use development. Located at plat 54, lot 826 & 662; plat 65, lot 827; 200 Taft Street, Pawtucket, RI.

Dan Kroeber, Director of Development with Fortuitous Partners, was sworn in and identified himself for the record.

Mr. Willis stated that a request for waiver of the application fee was received for the Tidewater Landing Project. Mr. Willis stated that the applicant is a co-applicant with the City of Pawtucket and the project has many public assent elements associated with it. Mr. Willis stated that he recommended a fee reduction to a maximum of $5,000 due to project location being on brownfield land and City of Pawtucket as the project is an urban core facility. Mr. Willis confirmed for Mr. Sahagian that there had been no objections to a fee waiver/reduction. There was no one present at the meeting to express objection to fee waiver.

Mr. Kroeber confirmed acceptance of the fee reduction to $5,000.00.

Mr. Sahagian motioned to accept the Director’s recommendation for fee reduction to the amount of $5,000.00. Mr. Gray seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gray Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried for fee reduction to $5,000.00.

8. Applications which have been Out To Notice and are before the Council for Final Decision:

2021-08-048 Narragansett Electric Company dba National Grid & City of Pawtucket – The project is the first component of the Tidewater Landing project, a master planned sports-anchored mixed-use project. This Phase of work includes the construction of a multi-purpose stadium with ancillary support infrastructure. Within the CRMC buffer area, riverfront improvements include stabilization of the river’s edge with a mixture of riprap and landscape treatments conforming to CRMC's landscape standards, construction of a river-walk, parking which will be partially available for the Public, public plaza space overlooking the river a portion of the east side of the stadium, and temporarily a construction staging area north of the stadium where in a future phase a mixed-use building will be proposed as part of a separate Assent application. A 100% variance is required to Red Book (650-RICR-20-00-1) § 1.1.9(B)(1) for filling, removal or grading within the 50’ setback; a 100% variance is required to Metro Bay SAMP (650- RICR-20-00-5) § 5.5.1(A)(3)(d) construction setback of 25’, zero feet is proposed for the construction of the stadium. Located at Plat 54, lots 826 and 827; plat 65, lot 662; Taft Street, Pawtucket, RI.

Chair Coia read out the Agenda item and description and asked who was present for the applicant.

Mr. Kroeber was present along with support from the City of Pawtucket as well as National Grid.

Mr. Lucia stated that the Chair had done a good job giving information on the project but added that the site was undergoing remediation under CRMC Assent 2009-08-014 for National Grid. Mr. Lucia stated that the project had approvals from the City of Pawtucket Water Supply, NBC Sewer Authority, the RI Historical Preservation and Heritage Commission, and preliminary approvals from the City of Pawtucket.

Mr. Lucia stated that the application met Category B status and was before the full Council due to greater than 10,000 cy of fill being proposed. Mr. Lucia stated that the project meets the standard for stormwater treatment for both the Metro Bay SAMP and the Red Book. Mr. Lucia stated that the applicant decided to design the project under the MetroBay SAMP choosing the UCG program and providing an increase in public amenities as compensation for reduced 50 feet buffer zone – the amenities include public patios, boardwalks and plazas. Mr. Lucia stated that the UCG easement and public access deed restriction documents are pending legal review and approval. If approved, the assent will be issued upon receipt of easement and deed restriction documents. Mr. Lucia explained that the project also includes filling of wetlands which is dominated by invasive species, has little wildlife habitat and is in the contaminated site which does not provide for recreation, aesthetic or water quality functions.

Mr. Lucia stated that the project requires 100% setback variance to filling, moving, and grading within the 50’ setback and a 100% variance to the MetroBay SAMP from construction setback of 25’. Mr. Lucia stated that there are no staff objections to the granting of the variances and no objections to the issuance of the Assent.

Mr. Kroeber addressed the Council and expressed appreciation for the staff’s work and the Council’s involvement and time. Mr. Kroeber thanked the City of Pawtucket in particular Jeanne Boyle being a great advocate of the project. Mr. Kroeber thanked the RI Commerce Department and RIDEM staff.

Mr. Kroeber stated that he was available if the Council had questions as well as DiPrete Engineering for details.

Chair Coia asked if the Council had questions for the applicant. There were no questions from the Council for applicant.

Chair Coia asked if there were any members of the audience that wished to comment in favor or in objection. There were no comments/objections heard and Chair Coia closed the public hearing.

Chair Coia asked if there was a motion.

Mr. Sahagian motioned to approve based on staff report and the applicant’s willingness to work within the CRMC programs. Mr. Gomez seconded the motion.

Mr. Gomez asked if the applicant had discussed the project stipulations with CRMC staff. Mr. Lucia confirmed that he had discussed the project stipulations with the applicant and explained that the project site is in a velocity zone which requires a letter of map revision from FEMA when filling in the velocity zone. Mr. Kroeber confirmed that they are in agreement with the stipulations.

Ms. Silva clarified that the UCG agreements which include a deed restriction and open space agreement are usually stipulated that they be in staff’s hands prior to assent issuance. Mr. Willis confirmed for the Council that CRMC Legal Counsel and Attorneys for the applicant have worked out easement language and only await the final drafts so they can be incorporated into the Assent document.

Mr. Sahagian again motioned for the approval of the application with the two variances which was again seconded by Mr. Gomez.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gray Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried, application is approved.

9. Public Hearing for Special Exception Before The Council For Review and Action:

2021-03-003 TOWN OF BARRINGTON -- Construct and maintain a public recreational structure consisting of a ~7’ x 60’ gangway leading to a ~10-19’x 101’ low profile float extending ~68’ seaward of the cited MLW mark; A boat ramp and armored riprap; Coastal bank, coastal buffer and coastal wetland restoration; A viewing platform; New and enhanced walking trails, access paths, parking, trailering and driveway access; Accessory structures such as kayak ramps, fencing, landscaping, etc; Increased public (including ADA-compliant) access. As the project is proposed within designated Type 1 waters, the work requires a Special Exception to Red Book 650-RICR-20-00-01 Sections 1.2.1(B)(2)(c), 1.2.2(C)(1)(c), 1.2.2(C)(2)(a), 1.3.1(B)(2)(a), 1.3.1(B)(2)(b), 1.3.1(D)(7)(b), 1.3.1(G)(3)(a) & 1.3.1(L)(3)(a) as well as an 18’ length variance to Section 1.3.1(D)(8)(l)(2). Project Location: Hundred Acre Cove, 513 County Road, Barrington, RI – plat 16, lot 20

Chair Coia read out the Agenda item and description and asked who was present for the applicant.

Present for the Applicant was Peter Skwirz, Esq, Town of Barrington’s Solicitor, Phil Hervey, Barrington Town Planner and Arnold Robinson, Project Manager with Fuss and O’Neill.

Ms. Silvia gave a brief overview of the project to the Council stating that the town wished to construct a second public pier at an existing town owned recreational facility. Ms. Silvia stated that the new public pier would be for non-motorized craft only. Ms. Silvia explained that the project also included a viewing platform over the existing concrete pier near the existing fishing pier, with ADA accessible upgrades to trails. This also includes upgrades to the roadway. Ms. Silvia stated that project will not meet the STORMTOOLS sea level rise 30-year design and will be impacted with the 20-year design, but that it is a good location for mitigating flood control. Ms. Silvia explained that there would be buffer zone and coastal wetland restorations and removal of the armoring of the shoreline to regrade and restore it. Ms. Silvia stated that the 18’ length variance is consistent with most docks that CRMC sees.

Ms. Silvia explained that a Special Exception was being requested as the activities proposed are prohibited in Type 1 waters and shorelines. Ms. Silvia stated that it was staff’s opinion that that the Town meets the public criteria for special exception relief as the project would enhance public access, improve user conflicts and restore habitat. Ms. Silvia completed her presentation.

Mr. Robinson and Mr. Hervey were sworn in and identified themselves for the record.

Mr. Skwirz stated that they would rely on the comprehensive recommendation from the CRMC staff and that they would be available if the Council had any questions.

Ms. Silvia confirmed for Mr. Coia that the CRMC staff were recommending approval.

Chair Coia asked if there were supporters of the project wanting to comment and while many supporters were present, no one wanted to speak. There were no objectors.

Mr. Gomez asked if the CRMC needed to wait for the ACOE approval. Ms. Silvia stated that the ACOE had received notice and are in their review process. Ms. Silvia stated that they would stipulate waiting for construction until ACOE permit in hand.

Mr. Sahagian expresses appreciation that the applicant limited the variance to 18’.

Mr. Sahagian also stated that it would be prudent to make sure it was on the record that the Special Exception was being considered and recommended for approval as the project would serve a compelling public purpose.

Mr. Sahagian motioned for the approval of the Special Exception as it met the compelling public purpose criteria for special exception. Ms. Reynolds seconded the motion.

There was no discussion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gray Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion carried and the Special Exception was granted.

Mr. Gomez motioned, based on the granting of the Special Exception, to approve the application. Mr. Sahagian seconded the motion.

No further discussion was heard.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. Reynolds Aye
Mr. Gray Aye
Ms. Montanaro Aye
Chair Coia Aye

Motion Carried and the project was approved.

10. Public Hearing: CRMC “Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast” 650-RICR-20-00-9

The CRMC proposes to adopt new freshwater wetlands in the vicinity of the coast rules in accordance with R.I. Gen. Laws §§ 46-23-6 and 2-1-18 through 2-1-20.1 to strengthen the protection of freshwater wetlands in the vicinity of the coast and to provide clarity, predictability and streamlining of the regulatory framework. These new rules will replace the CRMC’s existing freshwater wetland rules (650-RICR-20- 00-2), which will be repealed upon adoption and implementation of these new rules. The CRMC has closely coordinated with the Department of Environmental Management (DEM) on the development of these new freshwater wetland rules for consistency of rule application throughout the state as required by state law. The CRMC and DEM regulations for freshwater wetland protection, including the new buffer standards are identical with the exception of some necessary differences to reflect the specific CRMC and DEM regulatory procedures and authorities as prescribed in state law. The CRMC is proposing adoption and implementation of these rules to be consistent with the effective date of the DEM freshwater wetland rules on January 15, 2022. The proposed CRMC freshwater wetlands rules are available online at: https://rules.sos.ri.gov/promulgations/part/650-20-00-9.

Mr. Boyd gave brief presentation to the Council stating that the purpose of the meeting was for Public Hearing to provide opportunity for Public Comment only and that the Council would not be deliberating. Mr. Boyd stated that the regulations would be brought back to the Council at a subsequent council meeting after the 7th of November when the public comment period ended.

Mr. Boyd explained that CRMC was in vary close collaboration with the Department of Environmental Management to strengthen and streamline the freshwater wetland rules which would increase the state jurisdiction and replace local ordinances. Mr. Boyd explained that the CRMC FWWVC rules were identical to the RIDEM version with the exception of differences to reflect the agency’s regulatory procedures and authorities as prescribed by State law and the CRMC management procedures.

Mr. Boyd stated that the new rules expanded the exempted activities and simpler application categories.

Mr. Boyd explained the DEM and CRMC timelines stating that DEM received approval from the office of Regulatory Reform with an effective date of January 15, 2022 and that CRMC is on track to also have an effective date of January 15, 2022.

Mr. Boyd explained that CRMC received two sets of written comments from Save The Bay and from the Rhode Island Builders Association. Mr. Boyd reviewed both sets and the comments were identical to the comments submitted to RIDEM earlier in the year. Both agencies have worked to ensure consistency across regulations with the exception of some administrative procedural differences in the rules because of management procedures and our regulatory authorities through state law.

Mr. Boyd ended his presentation and stated he was available for questions.

Chair Coia opened the public hearing and hearing no comments, closed the public hearing.

Mr. Boyd stated that he would prepare a report to Council to include all written comments and will work to schedule consideration of adoption by Council in the month of November.

Chair Coia stated that the meeting was complete and asked for a motion to adjourn.