In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a virtual meeting was held on Tuesday, January 25, 2022 at 6:00 p.m. utilizing the Zoom Platform and Council members participating remotely.

Members Present
Raymond Coia, Chair
Donald Gomez
Ronald Gagnon, RIDEM
Trish Reynolds
Joy Montanaro
Lindsay McGovern

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Anthony DeSisto, Legal Counsel/Mark Hartman, Asst Legal
Rich Lucia, Environmental Engineer IV
Amy Silva, Spv Environmental Scientist
Ross Singer, Environmental Engineer III
Danni Goulet, Marine and Infrastructure Coordinator
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. and identified the participants of the meeting, Council Members. The record will show staff present. The Chair stated that the meeting would be recorded. Mr. Moore briefed the participants regarding Zoom protocols.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the January 11, 2022 Semi-monthly Meeting.

Motion: Mr. Gagnon
Second: Ms. Reynolds

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

Motion carried on a unanimous voice vote to approve the minutes from January 11, 2022 meeting.

3. Subcommittee Reports

Mr. Boyd updated the Council on:

• ROW subcommittee met at 5:30 and heard reports from Jeff Willis, Executive Director and Anthony DeSisto, Legal Counsel.
• The Subcommittee voted to ask CRMC to make arrangements with Town of Portsmouth for virtual zoom mtg for public testimony and facts on 5 separtate ROW
• Voted to ask Legal Counsel to continue further res on Mumford Rd Narragansett so public hearing can be held in Narr or via Zoom
• Legal Counsel presented update on research – Spring St Westerly and Buttonwood Warwick

4. Staff Reports

Mr. Willis updated the Council on:

• Explained/introduced the upgrade and revisions of the CRMC ROW interactive map that can be found on the CRMC Website
• Wind Farm updates
  • CRMC issued the 3-month Letter to Sunrise Wind explaining outstanding issues and asking Sunrise to
    provide additional information.

5. ADMINISTRATIVE APPLICATION BEFORE THE FULL COUNCIL FOR FINAL DECISION:

2021-09-015 WINDWARD ASSOCIATES, LLC -- Construct and maintain a Three-bedroom single family dwelling with OWTS and stormwater management. Siting of OWTS requires greater than 50% variance to buffer zone. Located at plat 137, lot 41; 3 Setting Sun Drive, Westerly, RI.

Ms. Silva gave a brief overview of the application to the Council stating that the application was before them as a buffer zone variance was required. Ms. Silva stated that the applicant had done everything within their power to reduce the need for the variance and it is the OWTS location that requires the variance. Ms. Silva stated that the buffer zone will be 51’ in the area of septic system with grading of up to 29’. Ms. Silva stated that there were no staff objections to the issuance of the variance or the approval of the application. Ms. Silvia stated that the application did not require a public notice.

Present for the applicant:
Gary Guastamachio, Windward Associates
Todd Romano, Legal Counsel for Mr. Guastamachio.

Mr. Romano thanked Council and stated they did not have further information and that Ms. Silva expressed the entirety of the application.

Mr. Gomez motioned approval of the application based on evidence presented, that there were no objectors, and staff report stated no objections from staff.

Mr. Gagnon seconded the motion.

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

Motion carried on unanimous roll call vote.

6. APPLICATIONS WHICH HAVE BEEN OUT TO NOTICE AND ARE BEFORE THE COUNCIL FOR FINAL DECISION

2020-11-031 RICHARD CARLUCCI & NGA LE -- Construct and maintain a residential boating facility consisting of a 4’x 34’ fixed pier, 24’ ramp and 10’x 15’ terminal float. The facility is proposed to extend 40’ beyond mean low water achieving a water depth of 18 inches. Located at plat 201, lot 87; 153 Charlotte Drive, Warwick, RI.

Joelle Rocha attorney for applicant – applicant is present, John Sheckarchi and John Flynn and Warren Hall.

Ross Singer gave a brief overview of the project consisting of a residential boating facility, pier, ramp float, and two tie off piles. Mr. Singer explained that no variances were required but that one objection was received requiring full council review of the application.

Mr. Singer explained that staff worked with applicants to minimize the project and the applicant removed the boat lift from their project but that did not satisfy the objector and they did not remove their objection due to the location of the dock which would possibly infringe on their riparian rights and water usage. Mr. Singer stated that the project meets the CRMC standards as much as possible and that CRMC staff did not have any objections to the granting of this permit by the Council.

Chair Coia asked for clarification of the objection. Mr. Singer stated that the objection was about the size of the facility, the proximity of the dock to the property lines, visual objections and interference with riparian rights and water usage.

Ms. Rocha addressed the Council and thanked staff for working with applicant and stating that the staff report covered all the bases of the application review. Ms. Rocha stated there were ownership challenges over a set of stairs between Carlucci Lee property and Mr. King’s abutting property. Ms. Rocha stated that the location of the dock is set due to the abutting public ROW on the other side of the property.

Warren Hall was sworn in and identified himself for the record. Discussion on:

• Site plan and property line determination on plan.
• Dock location being 25’ off each abutting property line.
• Removal and disposal of existing groin

Ms. Rocha closed by stating that the property lines were determined through a land survey done my John Flynn and that if the Council has questions, they are available.

There were no questions from Council Members.

Nothing further from Atty Rocha

James King was sworn in and identified himself for the record and stated that he represented 161 Charlotte and is the son of current owners. Mr. King stated that the applicant had been willing to work with them to adjust the dock plans so reduce the areas of objection but that the tie off piles were in the way of the Kings being able to enjoy the water in their usual manner. Mr. King objected to the property line depiction stating that his parents owned the stairs and had been an access point since the 1950’s. Mr. King stated that they would be filing an adverse possession claim on the stairs property.

There were no questions from Council Members

There were no questions from Ms. Rocha to Mr. King.

No further comments from attendees

Ms. Rocha addressed the Council to clarify for the record that the applicant had modified the dock plan several times and that the initial revisions were to address comments by staff and address the objection by reducing the size of the dock and shifting over as far as they could. Ms. Rocha stated that the stairs were on located on state property and an adverse possession cannot be brought against the state.

Ms. Rocha ended by stating that the applicants had complied with all regulations, there were no variances required and that they request approval from the Council.

There were no further questions from Council Members or Mr. Singer.

Mr. Gagnon: Should this adverse possession case have any issue with CRMC voting?

Mr. DeSisto – under section 8-12-13 of RIGL only the superior court can determine interest in property including lot lines. CRMC cannot undertake that determination and will make their decision based on the current lot lines.

Mr. Gomez motioned, based on significant discussion on this application and the modifications presented tonight, to approve this application. Ms. Reynold seconded the motion.

PR second

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

Motion carried on unanimous roll call vote.

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2021-10-062 TOWN OF SOUTH KINGSTOWN -- Remove and replace the boat ramp and adjacent floating dock at the Marina Boat Launching Facility. The ramp will be the same width, the rebuilt ramp will have a slightly steeper slope and include a new 4 foot run-off slab and a 10 foot stone apron. The new ramp will be constructed using interlocking concrete panels installed on an engineered stone sub- base. The existing floating dock will be replaced with an ADA aluminum gangway with 2 – 6-foot wide by 20-foot long floats which will be 11-feet longer than the existing floats. The proposal contains 2 new floats that are 6 feet wide and 20 feet long each installed perpendicular to the main float. Located at plat 64-4, lot 11; 218 Salt Pond Road, South Kingstown, RI.

Michael Stach present for the Town of South Kingstown, Harbor Master and Natural Resource Officer.

Mr. Goulet briefed the Council on the proposed project stating that the Town was requesting a total removal and reconstruction of the town-owned boat ramp. Mr. Goulet stated that the new facility will meet the Red Book design standards and will solve existing scow problems. Mr. Goulet stated that the work would be done within the confines of a temporary cofferdam with any excess material disposed of at the Lynn, Massachusetts, landfill. Mr. Goulet stated that existing floats will be replaced and expanded to allow more vessels to use the ramp at the same time. Mr. Goulet stated that the two floats will be placed perpendicular to the replacement float. Mr. Goulet stated that the facility was designed in accordance with Redbook standards and that the materials submitted met the requirements of a Category B application. Mr. Goulet stated that the staff recommended approval of this project.

There were no questions of Mr. Goulet from the Council

There were no objections received for this project.

Mr. Stach was sworn in and identified himself for the record.

Mr. Stach addressed the Council to confirm that he could speak on behalf of the Town in this instance and to add that the Town’s engineering firm, GZA Environmental, specifically, Igor Runge, was present to answer questions.

Chair Coia, noting that there was a recommendation of approval from staff, asked if Mr. Runge had anything to add.

Mr. Runge addressed the Council commending staff for their review and went over the project.

There were no questions for Mr. Runge from Council.

Mr. Stach stated that he was in agreement with Mr. Goulet and Mr. Runge.

No further questions heard from Council.

Mr. Gagnon motion for approval as presented.
Ms. Reynolds seconded the motion.

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

Motion carried on unanimous roll call vote.

7. ADJOURN

Motion to adjourn carried on unanimous vote.

Motion: Ms. Montanaro
Second: Ms. McGovern

Unanimous voice vote.

Meeting adjourned at 7:07 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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