In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Thursday, June 30, 2022 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Donald Gomez
Ronald Gagnon, RIDEM
Trish Reynolds
Jerry Sahagian
Lindsay McGovern
Catherine Robinson Hall

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Richard Lucia, Spv Civil Engineer
Amy Silva, Spv Environmental Scientist
Anthony DeSisto, Legal Counsel/Mark Hartman, Asst Legal
Mark Hartman, Asst Legal Council
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 6:04 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.

Welcome New member Catherine Robinson Hall!

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the Tuesday, April 12, 2022 Semi-monthly Meeting.

Motion: Mr. Sahagian
Second: Ms. Reynolds

Motion carried on a unanimous voice vote to approve the minutes from April 12, 2022 meeting.

3. Subcommittee Reports

Mr. Boyd reported:

• Management Procedures would be taken up at the end of the Agenda
• CRMC FWW rules will become effective tomorrow, July 1, 2022 the same as DEM FWW rules.

4. Staff Reports

Mr. Willis acknowledged staff members Mr. Boyd and Mr. Goulet and explained that they would be retiring as of July 1, 2022 thanked them for the tenure as outstanding members of the CRMC staff both in the form of applications and policy development.

Chair Coia, on behalf of the Council, also acknowledged Mr. Boyd and Mr. Goulet thanking them for their expertise and guidance to the Council throughout their many years at CRMC.

Chair Coia did a quick roll call for attendance of applicants.

5. APPLICATIONS THAT HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2021-08-018 CITY OF PROVIDENCE -- The project proposes a multi-use trail connecting Eagle Square to downtown Providence. The design includes two kayak launches, green infrastructure, and two pocket parks. Located at Woonasquatucket Greenway, Providence, RI.

Present for the City of Providence was Jessica Pflaumer, Ellen Biegert of Horsley Whitten, Jonathan Ford of Horsley Whitten and Angela Saunders of McMann Associates.

Ms. Pflaumer and Ms. Biegert were sworn in and identified themselves for the record.

Mr. Lucia gave a brief summary of the application stating that the project was located along the Woonasquatucket River in Type 4, multi-purpose waters. Mr. Lucia stated that the shoreline is heavily urbanized with limited access to the river, mostly comprising of manmade shoreline with seawalls and revetments. Mr. Lucia stated that the City was proposing to build a kayak ramps off Kinsley Avenue Leland Street and Promenade Street with an application component of shoreline protection to protect the kayak ramps from erosion. Mr. Lucia explained that stormwater treatment would be in the form of low-impact development. Mr. Lucia stated that the project meets the requirements of CRMC FWWVC as well as Red Book regulations but does require a variance to the 50’ setback requirement. Mr. Lucia stated that the project will create and improve public access. Mr. Lucia stated that no objections were received for this project during the public notice period and that there were no objections from staff for the granting of the variance.

Mr. Lucia confirmed for Chair Coia that CRMC staff was recommending approval.

Mr. Lucia confirmed for Mr. Sahagian that there was one variance and that the application required RIDEM Water Quality Certification, but that the application could be approved pending RIDEM approval.

Mr. Sahagian motioned for the approval of the file based on the staff report. The motion was seconded by Mr. Gomez. For point of clarification, Mr. DeSisto asked Mr. Sahagian if his motion included the variance, the staff conditions as to construction, and the findings of fact of the staff report.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Application Approved on a unanimous roll call vote.

---

2021-06-074 CITY OF EAST PROVIDENCE – EAST POINTE -- Construct a three hundred fifty (350) unit Multifamily Development with public roadways, urban coastal greenways, canoe launch, and associated utilities and stormwater control. Located at plat 203, lot 4 and plat 303, lots 4 & 5; Roger Williams Avenue and Bourne Avenue, East Providence, RI.

Richard Baccari, II, President and CEO of Noble Development was present as well as Josh Berlinsky, Esq. DarrowEverett, LLP; Lyn Small, PE of Northeast Engineers; and Mark Russo, Esq. of Ferrucci Russo Dorsey, as Special Master of the Property.

Mr. DeSisto asked for an explanation of the Procedural posture of the case. Mr. Berlinsky explained that Noble Development has purchased the property in August of 2020 which was approved by the court after notice and hearing period. Mr. Berlinsky explained there was an extended due diligence period followed by a 12 to 18 month permitting period which was coming to a close. Mr. Berlinsky stated that approval was received from the City of East Providence Waterfront Commission. CRMC is one of the final two approvals required in order to proceed to closing on the property.

Witnesses were sworn in and identified themselves for the record.
Richard Baccari
Lyn Small

Mr. Lucia gave a brief summary of the application stating that the property was located on the Seekonk River and also has a Freshwater pond located on the property called the Omega Pond. Mr. Lucia stated that the 27 acre south site has history of industrial uses and was remediated in 2005 by a previous developer receiving three environmental land use restrictions issued by RIDEM. Mr. Boyd included that this project was approved under the GeoNova project under the MetroBay SAMP and was of the first Urban Coastal Greenway projects approved by the Council under that program. Mr. Lucia continued stating that the project will take place in phases with the first phase taking four years to complete and Phase II, beginning one year after Phase I begins, will take two years to complete for a total duration of seven years. Mr. Lucia stated, if approved, the Assent would be issued for 7 years so the project does not have to come back for time extensions. Mr. Lucia stated that the current project meets the requirements and regulations of the RI Coastal Resources Management Program. Mr. Lucia stated that there were no staff objections to the Council approval of the project with additional stipulations.

Mr. Lucia confirmed for Chair Coia that based on his professional expertise and from engineering point of view that CRMC staff recommended approval. Mr. Lucia confirmed that the findings of fact and additional stipulations are contained within the record.

Mr. Sahagian asked the application if they agree and accept staff stipulations. Mr. Berlinsky confirmed agreement to stipulations.

Mr. Gomez asked if a 7 year permit would be sufficient. Mr. Lucia stated that was the timeframe given by the consultant and staff agrees with it.

Mr. Berlinsky confirmed for Mr. Gomez that they were looking for ways to keep the telephone pole that houses the Osprey nest right where it is in the middle of a detention pond. Mr. Gagnon confirmed RIDEM had jurisdiction over moving the nest.

Mr. Sahagian motioned approval based on staff report and variance criteria being addressed by applicant. Mr. Gomez seconded the motion.

Mr. Sahagian confirmed for Mr. DeSisto that the motion included all staff stipulations and conditions as well as the findings of fact.

Mr. Russo confirmed that the Assent should be issued to Noble Development, LLC. per authorization from the court.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Application Approved on a unanimous roll call vote.

---

2022-03-032 NARRAGANSETT BAY COMMISSION -- Filling and grading at Bucklin Point North and South Landfills. Material to be used in this activity is crushed rock material generated from construction on the Pawtucket tunnel. It is estimated that the total amount of fill will be 160,000 cubic yards. The project proposes filling to extend existing slopes to higher elevations. All new slopes will be seeded with native grass or wildflower mix. A variance to 50’ setback is required in accordance with Redbook 650-RICR-20-00-01 Section § 1.1.9(B)(1) at an approximately 80 linear foot section North Landfill. Located at plat 302, lot 1; 102 Campbell Avenue, East Providence, RI.

Kathryn Kelly, CSO Program Manager for the Narragansett Bay Commission was present as well as Chris Feeney, Project Manager with Stantec.

Mr. Lucia gave a brief overview of the application beginning by stating that RIDEM issued approval for reuse of the tunnel material at the landfill and only 160,000 cubic yards of the tunnel material will be used. Mr. Lucia explained that the final grade at the North landfill will be at elevation 66 feet – 16 feet higher than what it is now; and that the final grade at the Southern landfill will be at elevation 47.5 feet – 26 feet higher than now. Mr. Lucia stated that upon completion, the site will be loamed and seeded. Mr. Lucia stated that the landfill had been closed for decades and was chosen for its proximity to the tunnel. Mr. Lucia stated that the project met the requirements of the RICRMP with the exception of a variance to the 50-foot setback along an 80’ section which staff had no objection to the granting of the variance. Mr. Lucia stated that one correspondence was received during the Public Notice period that was not an objection but asking questions. Mr. Lucia concluded by stating that there were no staff objections to the project and that staff recommended two additional stipulations regarding compliance for future plantings and protective measures for emergent plants at the site.

Mr. Lucia confirmed for Chair Coia that there were no engineering objections to the project. Ms. Silva confirmed for Chair Coia that there were no biological objections to the project.

Mr. Gomez asked about the correspondence received. Mr. Lucia stated that the correspondence was forwarded to the applicant to answer the questions and CRMC did not receive any further response.

Ms. Hall asked about the final grades that could support future uses.

Ms. Kelly and Mr. Feeney were sworn in for the record.

Ms. Kelly stated that the applicant has not made decision as to what they will do with the land in the future but that there had been talk about solar panels at the former landfill. Ms. Kelly stated that any project would be years out and that whatever was done would be in full compliance with all regulations. Ms. Kelly stated that the plantings in the southern landfill would be there in perpetuity.

Mr. Gomez offered a motion that the application be approved based on including stipulations as stated and based on completion of comprehensiveness of the package and the staff conclusions that there are not outstanding issues. Mr. Gomez confirmed for Mr. DesSisto the motion is also based on the findings of fact contained in the staff report. Ms. McGovern seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Application Approved on a unanimous roll call vote.

---

2017-12-046 JAMES BARBER -- Construct and maintain a Residential Boating Facility consisting of a 4’x63’ fixed pier with ramp to a 10’x15’ float. This facility requires a Variance from Section 1.3.1(D).11(m) (formerly Section 150.E.3.m) to be located less than 50’ from an approved mooring field (proposed location 36’ from mooring field). Located at plat 16, lot 160; 7 Touisset Road, Warren, RI.

Present for the applicant was Turner Scott, Esq of Miller Scott Holbrook & Jackson; Warren Hall, PE and the property owner James Barber.

Ms. Silva gave brief overview of the application stating that the dock would be located in Type 2 waters of the West Passage of Narragansett Bay with the coastal feature being the coastal beach backed by a low coastal bluff. Ms. Silva stated that the application required a 14’ variance due to not meeting the 50’ from the mooring field and the facility is at the minimal accepted depth of 18” of water. Ms. Silva stated that the facility will be used for touch-and-go purposes and that objections were received from the Town of Warren Conservation Commission and Harbor Commission. Ms. Silva explained that the applicant met with the conservation commission to discuss their project but the objection would not be removed. Ms. Silva stated that the Harbor Commission reviewed a preliminary plan and did not review the plan before the Council. Ms. Silva stated that the Harbor Commission had been unresponsive to attempts at further communication from the applicant. Ms. Silva stated that the terminus of the proposed facility would be 178’ from the closest mooring ball and that a letter of support was received from the owner of that mooring. Ms. Silva stated that new surveys and plans were asked for due to some confusion with lot lines and whether or not the dock was contiguous to the owner’s property. Ms. Silva stated that it was the opinion of the reviewing biologist that the applicant had met the variance criteria to the best of their ability; however the harbor commission objection remains a concern.

Ms. Silvia confirmed for Mr. Sahagian that none of the objectors were present and that typically the dock could have been approved administratively. Ms. Silva confirmed for Mr. Sahagian that her report indicates that the proposed location was the best location and the applicant was seeking the least amount of variance.

Ms. Silva confirmed for Mr. Gomez that the mooring field is a town mooring field with an approved perimeter limit and that the proposed facility crosses into the mooring field by 14’.

Mr. Scott addressed the Council and stated that the proposed facility crosses into the mooring setback not the mooring field. Mr. Scott explained that the line for the mooring field goes right through the middle of a commercial dock less than 500 feet from the Barber property.

Mr. Sahagian asked if objections that have misinformation, how does the Council handle the objection? Mr. DeSisto stated that it goes to the weight of the credibility that the Council places on the objection.

Mr. Sahagian motioned for approval of the application based on the comprehensive staff report, findings of fact, the sign off of the mooring owner and in light of the fact that Ms. Silva stated the application could have been approved administratively. Mr. Gomez seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Application Approved on a unanimous roll call vote.

---

2020-12-040 BALLARD’S WHARF REALTY, LLC Maintenance dredging within an existing Marina Perimeter Limit with beneficial reuse of the dredge material at Crescent Beach by the Town of New Shoreham. The marina is located at plat 6, lot 159; Water Street, New Shoreham, RI.

Mr. Goulet gave a brief overview of the application stating that the material from the maintenance dredge meets standards for beach nourishment and the Town of New Shoreham was willing to use the material. Mr. Goulet stated that if the dredging adheres to the work plan submitted with the application, the project can be completed with minimal risk to nearby resources or property.

Mr. Goulet stated that if no comments were received, this would have been issued administratively but two comments were received from the Town of New Shoreham and Interstate Navigation centering on violations at Ballard’s Marina and not specifically objecting to the dredging project. The current New Shoreham Harbormaster sent a letter stating that the observations were from a predecessor but that in the past two years of her direct observation there haven’t been complaints about Ballard’s Marina. Mr. Goulet stated that CRMC staff enforcement report stated there are no current violations at the site.

Mr. Goulet stated that it was the opinion of the staff that the project meets the policies and standards of the Red Book and approval of the dredging is recommended with three staff-specific stipulations in addition to the standard dredge stipulations.

Raymond Marcaccio, Esq, representing Interstate Navigation asked the Council to delay application until dispute of enforcement of the underlying assent. This was objected to by attorney Blake Filippi based on the fact that there are not outstanding violations on the property.

Mr. Willis stated that a report from CRMC Enforcement staff dated May 18th of this year stated that they have found no violations with the last visit to the island being June 14th and 15th of this year.

Mr. Filippi objected to matter submitted by Mr. Marcaccio stating that the pictures submitted could not be authenticated.

Mr. Marcaccio stated that his client owns the property next to Ballard’s Marina and that safety issues arrive with a number of vessels in close proximity to the ferries. Mr. Marcaccio again asked for a hearing on the violations prior to the hearing on the application to dredge. Mr. Filippi objected.

Blake Filippi, Paul Filippi and Warren Hall, PE are sworn in and identified themselves for the record.

Mr. Marcaccio, after requesting application be heard after enforcement settled, suggested that the CRMC inspection was done in the middle of winter when there were no boats there at all. Mr. Marcaccio explained that his client had filed complaints and letters every year since 2007. Mr. Marcaccio stated his clients were looking for relief or review of use of the marina based on the 2005 assent.

Chair Coia stated that testimony from Mr. Willis relayed that CRMC enforcement went to the site on June 13 and 14 and that enforcement staff found no violation. Chair Coia also stated that the Harbormaster Kate McConville also stated that there were no violations.

Mr. DeSisto advised the Council to hear from the applicant and then take a vote to continue the matter or proceed to the main issue.

Mr. Gagnon stated that dredging occurs during late fall and early winter and there would not be any impact on navigation of the ferry.

Mr. Sahagian made a motion to move forward with the application. Ms. McGovern seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

All ayes to allow the applicant to proceed with application this evening.
Mr. Marcaccio thanked the Council for their time.

Mr. Goulet confirmed for Mr. Sahagian that Type 5 water uses are berthing, mooring, and servicing of recreational crafts, commercial vessels, and ferries. Mr. Goulet confirmed that a variance was not being requested.

Mr. Sahagian stated that the applicant is meeting the regulations of the Red book, the marina is located in Type 5 waters where marinas are priority use, and there are no findings of fact because there is no variance needed. Mr. Sahagian motioned, based on the comprehensive report submitted by staff, approval of the application. Mr. Gagnon seconded the motion.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

6. Council Review and Action on Proposed Rulemaking: CRMC Management Procedures 650RICR-10-00-1 amendment:

The CRMC proposes to amend its Management Procedures at § 1.5.12(A) to require the filing of any permit extension request at least 60 days prior to permit expiration for consistency with existing CRMC Assent stipulations and the new CRMC Freshwater Wetland regulations at 650- RICR-20-00-9.14.2(D) requiring same. Public notice was issued on March 29, 2022, the Council held a public hearing on April 12, 2022 and no testimony was offered, and the 30-day comment period ended on April 29, 2022 with no written comments submitted.

JRB gives brief overview of the amendments stating that staff recommended approval to codify existing long standing practice of the Council.

Ms. Hall motioned approval, seconded by Ms. Reynolds.

Roll call vote:
Mr. Sahagian Aye
Mr. Gomez Aye
Ms. McGovern Aye
Ms. Reynolds Aye
Mr. Gagnon Aye
Ms. Hall Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

7. ADJOURN

Motion to adjourn carried on unanimous vote.

Motion: Mr. Gomez
Second: Ms. Reynolds

Unanimous voice vote. Meeting adjourned at 7:10 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

CALENDAR INDEX