In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, November 23, 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
Anthony DeSisto, 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 November 9, 2021 Semi-monthly Meeting.

Motion: Mr. Sahagian
Second: Mr. Gomez

Motion carried on a unanimous voice vote to approve the minutes from November 9, 2021 meeting.

3. Subcommittee Reports

No reports.

4. Staff Reports

Mr. Willis updated the Council on:

• National Grid Block Island cable progress – on schedule with our order
• 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

Ms. Silva gave a brief overview to the Council of the project which would be located on a very small lot abutting Green Hill Pond (Type 2 waters). Ms. Silva explained that the properties history with CRMC stating that two Preliminary Determinations were requested, one of which was requested by Mr. Gardner in 2016 in which all limitation of the lot were explained. Ms. Silva stated that when the application was submitted, she asked the applicant if relief from the setback had been sought from the Town of Charlestown to reduce the OWTS encroachment. Mr. DeAngelis, Mr. Gardner’s Attorney stated that they could not for legal reasons – legal documents had been shared with staff and CRMC Legal Counsel Mr. DeSisto. Ms. Silva stated that staff felt that variance criteria had not been met by the Gardner’s and deferred to the Council for decision.

Mr. Willis confirmed for the Council that the application could have been approved administratively but the variance criteria was not being met and it was brought before the Council for the applicant’s Legal Counsel to make their argument before the Full Council.

Ms. Silva confirmed that her reasoning for sending Deficient Application notification to the applicant upon CRMC receipt was that CRMC cannot accept an application without septic approval. Mr. DeSisto confirmed.

Mr. DeSisto clarified for the Council that the application being sought by the Gardner’s, which had been an on-going process for 14 years, was not due to the CRMC review process. The Gardner’s were in appeal with the Town of Charlestown Zoning Board. There was also discussion about the OWTS approval process through the Department of Environmental Management (RIDEM).

Elizabeth Noonan, Attorney for the applicant, addressed the Council, and gave a history of the application process ending by stating that a Consent Agreement was entered into in November of 2016 with RIDEM and that the OWTS could not be moved due to Charlestown Zoning Agreement and RIDEM Consent Agreement.

Ms. Noonan explained that the front of the property would be for parking and stormwater measures.

Ms. Noonan stated that the OWTS would be used only for gray water and that the house would have incinerator toilets.

Ms. Noonan ended stating that the Gardners would like to be allowed to go forward.

Mr. DeSisto stated that the Supreme Court Case was correct but that the Council needed to decide if all the remedies had been exhausted to answer variance criteria in Redbook § 1.1.7 D

Ms. Noonan explained that if the Council asked the applicant to go back to the Town to request relief, the application would go back into the system and they may lose their OWTS approval.

Mr. Gomez asked if the incinerator toilet was locked in with RIDEM without the possibility of it being changed by future owner. Mr. DeSisto stated it could not be changed.

Mr. Gomez asked about the repositioning of the stairs to the water. Mr. Noonan stated that the applicant would be willing to explore repositioning as long as it does not hurt any prior approvals.

Discussion on the RIDEM OWTS approval.

Mr. Sahagian motioned that the applicant had exhausted all remedies.
Seconded by Mr. Gomez

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

Mr. DeSisto confirmed that the application is now considered a Category A application.

Ms. Noonan gave brief testimony (offer of proof of claim) of the 712 sf structure and the requirements needed. CJ Doyle, PE and Jeff Balch also in attendance to answer questions.

Mr. Sahagian questioned Ms. Noonan about repositioning of the stairs. Ms. Noonan stated that they would as long as it did not interfere with their current municipality approval.

Mr. Gagnon asked about the stipulation for buffer. Ms. Silva stated that any disturbance would be considered temporary and needed to be revegetated.

Mr. Sahagian motioned to approve the application and for the removal of stipulation two as the Council was taking Ms. Noonan at her word.
Mr. Gomez seconded the motion.

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

Application is approved.

7. ADJOURN

Motion to adjourn carried on unanimous vote.

Meeting adjourned at 6:52 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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