In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, November 9, 2021 at 6:00 p.m. located in Conference Room A, of the Administration Building, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Donald Gomez
Jerry Sahagian
Ronald Gagnon, RIDEM
Trish Reynolds
Joy Montanaro

Excused
Lindsay McGovern

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Amy Silva, Spv Environmental Scientist
Mark Hartmann, Assoc Legal Counsel
Stephen Antonucci, Assoc Legal Counsel
Laura Dwyer, Public Information and Education Coordinator
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:00 p.m.
Chair Coia recognized Council Members and Staff as present.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the October 19, 2021 Semi-monthly Meeting.

Motion: Ms. Reynolds
Second: Mr. Gomez

Motion carried on a unanimous voice vote to approve the minutes from October 26, 2021 meeting.

3. Subcommittee Reports

Mr. Boyd reported out to the Council that Raso Subcommittee Recommendation was ratified by the Council at the Raso Subcommittee Workshop held earlier at 5:00 p.m. on Tuesday, November 9, 2021 and that the Raso matter would be brought before the Council at a future Semimonthly Meeting – date to be determined.

4. Staff Reports

Mr. Willis updated the Council on:

• Block Island Wind Farm export burial cable progress
• House Commissions on Lateral Access and Reorganization of CRMC

5. Administrative Application before the Full Council for Final Decision:

2021-02-051 BRUCE GARDNER & CHARLES A. SWEET REVOCABLE TRUST – The application requests an Assent to construct a two bedroom dwelling with stormwater management, new OWTS utilizing a composting toilet and driveway on an undeveloped lot on Sea Lea Ave. As proposed, the OWTS is located two feet from the required 25’ Buffer Zone, requiring a Variance for earthwork within the CRMC Construction Setback (25’ beyond the Buffer/50’ from the Coastal Feature – Section 1.1.9). The dwelling structure itself is located outside the Setback. The proposed deck and OWTS fall within the Setback. Located at plat 9, lot 387; Sea Lea Avenue, Charlestown, RI.

Continued due to illness of Attorney representing applicant.

6. Applications Which Have Been Out To Notice and are Before The Council For Final Decision:

2021-02-098 JASON E. & RUTH C. MEEKS – Construct and maintain a residential boating facility consisting of a ~4’ x 42’ fixed timber pier extending ~31’ seaward of the cited MLW mark. The facility is proposed as a touch-and-go structure and requires a 15’ and 18’ setback variance from 650-RICR-20-00-01 Red Book Section 1.3.1(D)(11). Located at plat 81-3, lot 3; 91 Old Succotash Road, South Kingstown, RI.

Ms. Silva gave a brief overview of the application and stated that the application was before the Council because the applicant was unable to get the Letters of no objection to the sideline setbacks from each northern and southern abutter. Ms. Silva explained that CRMC permit staff was recommending approval of the application.

Ms Silva confirmed for Mr. Gomez that CRMC staff will allow cutting of Phragmites under the facility and 1-2’ on either side of the facility.
Steven Surdit, Attorney for the applicant addressed the Council and stated that he, Jeff Balch, PLS and CJ Doyle, PE, were available for questions.

Mr. Sahagian commended the applicant for minimum variance request.

There were no questions of the applicant from the Council

Mr. Gomez motioned for approval of application with staff stipulations. Mr. Sahagian seconded.

Roll Call Vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Montanaro Aye
Mr. Sahagian Aye
Mr. Gomez Aye
Chair Coia Aye

Motion to approve application carried.

7. COUNCIL REVIEW and ACTION ON PROPOSED RULEMAKING:

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.

Mr. Boyd addressed the Council and gave a brief overview of the regulations and regulatory process of the CRMC Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast (650-RICR-20-00-9).

Mr. Boyd stated that two comments were received during the comment period.

• Save The Bay
• RI Builders Association

Mr. Boyd informed the Council that the RIDEM who was also in the process of rulemaking of the Freshwater Wetland regulations had decided to change the effective date to July 01, 2022 as further guidance documents and training were needed.

Mr. Boyd stated that CRMC staff recommended adoption of the proposed regulatory change with an effective date of July 01, 2022, coordinating with RIDEM effective date.

Mr. Sahagian requested that the vote for regulations be held over until the next meeting to give time to reread the regulations and further discuss.

Mr. Sahagian motioned for the Council to hear the proposed regulatory changes at the December 14, 2021 meeting. Seconded by Mr. Gagnon.

Motion carried on unanimous voice vote.

7. ADJOURN

Motion: Ms. Reynolds
Second: Mr. Gray

Motion carried on unanimous vote

Meeting adjourned at 6:32 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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