RI Coastal Resources Management Council
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, September 27, 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
Jerry Sahagian
Catherine Robinson Hall
Stephen Izzi
Trish Reynolds
Lindsay McGovern
Excused: Ronald Gagnon
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Acting Deputy Director
Amy Silva, Spv Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Council
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Coia called the meeting to order at 6:03 p.m.
Chair Coia asked that the record reflect the members present.
2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Coia called for a motion regarding the minutes for the Tuesday, August 23, 2022 Semi-monthly Meeting.
Motion: Mr. Gomez
Second: Ms. Reynolds
Motion carried on a roll call voice vote to approve the minutes from August 23, 2022 meeting.
3. Subcommittee Reports
Mr. Willis updated the Council on the following Planning and Procedures rule making:
A Motion was made by Mr. Izzi to begin rule making and was seconded by Ms. Reynolds.
Roll call vote:
Mr. Izzi
Ms. Hall
Ms. Reynolds
Mr. Sahagian
Ms. McGovern
Mr. Gomez
Chair Coia
4. Staff Reports
Mr. Willis reported/updated the Council on the following:
Wind Farm activities
Eastern Coastal States Offshore Wind:
Recreational Fishing in State Water:
The CRMC Semimonthly meeting dates for the remainder of the year were solidified. Mr. Willis explained that there will be three meetings in November as the second October meeting was rescheduled to November 1, 2022. Also, due to Election Day, the November 8th meeting was rescheduled to November 9th.
Meetings are:
Chair Coia checked for attendance of applicants.
Chair Coia asked that the Agenda sheet be made part of the record.
5. Legal Counsel Report – The Dumplings v CRMC status update
Mr. DeSisto gave a brief summary of the Superior Court Case of Dumplings v CRMC and Safe Harbor Marina aka Jamestown Boatyard. Superior Court Judge Cruz entered an order remanding for written decision from the October meeting based on the transcript that is part of the record. The Council will vote on the written decision to approve it and enter it to the Court. New Members of the Council will be supplied with the necessary transcripts so they may be able to vote.
Motion to authorize Legal Counsel DeSisto to draft decision
Motion: Mr. Gomez
Second: Mr. Izzi
Ms. Hall asked what the new members would be voting on. Mr. DeSisto stated that the new members would be voting on the conformance of the written decision based on transcripts from meetings.
Roll call vote:
Mr. Izzi
Ms. Hall
Ms. Reynolds
Mr. Sahagian
Ms. McGovern
Mr. Gomez
Chair Coia
Motion carried on unanimous roll call vote.
6. APPLICATIONS REQUESTING A FOURTH EXTENSION BEFORE THE FULL COUNCIL:
A*2016-01-005 THE WESTPORT I TRUST – Fourth Extension request to construct and
maintain a residential boating facility located at plat 304; lot 164; Main Road, Tiverton, RI.
Ms. Miguel gave a brief summary of the extension request stating that she visited the site and there were no substantive changes to the property and the site had not been worked on and stated that CRMC Staff recommended that the final and fourth extension be granted.
Mr. Sahagian motioned to approve the fourth and final extension. Seconded by Ms. McGovern.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
7. REVIEW AND ACTION OF THE ROW SUBCOMMITTEE RECOMMENDATION FOR THE DESIGNATION OF PORTSMOUTH RIGHT-OF-WAYS:
Mr. DeSisto gave brief summaries of the review and recommendation of said Right-of-Ways and are described as follows:
2021-03-046 Beach Street at Cedar Avenue -- approximately 6’ wide path that leads from Beach Street at Cedar Avenue to the water’s edge dividing lots 33 and 34 of plat 21.
Mr. DeSisto stated that this ROW is a 6’ ROW with deeds on both sides of the ROW indicate that it is a ROW, as well as being labeled as such in the Town’s Tax Assessor’s Map. Mr. DeSisto stated that this ROW is used by the Public On a regular basis for quite some time.
Ms. Wenley Ferguson of Save The Bay spoke in support of formal designation for all the ROWs.
Mr. Sahagian motioned to adopt the Findings of Fact of the Subcommittee and adopt the recommendation of the Subcommittee to accept as a CRMC Designated ROW.
The motion was seconded by Ms. Reynolds.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2021-03-048 Cedar Avenue – Approximately 20’ wide path that leads from Cedar Avenue to the water’s edge dividing lots 47 and 48 of plat 21.
Mr. DeSisto stated that this ROW was displaying CRMC designation signage but had never been formally designated. Mr. DeSisto stated that the ROW meets the criteria, the title has been searched, and has been used for many years by public.
Ms. Hill motioned to approve the Findings of Fact and to approve the adoption of the Cedar Avenue ROW as CRMC Designation ROW.
Mr. Sahagian seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2021-03-050 Fountain Avenue – Approximately 30’ wide path that leads from Fountain Avenue to the water’s edge dividing lots 168 and 169 of plat 21.
Mr. DeSisto explained that this ROW was similar to Cedar Avenue stating that the CRMC ROW signage was there with no formal designation. Mr. DeSisto stated that the Cedar Avenue ROW was owned by Town.
Ms. Reynolds motioned to approve the Findings of Fact and to approve the adoption of the Cedar Avenue ROW as CRMC Designation ROW.
Ms. McGovern seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2021-03-051 East Power Street – Paved street bordered by plat 31 lot 54; plat 34, lot 56 and plat 31, lot 53 and leading to the water’s edge.
Mr. DeSisto stated that Power Street led to the Sakonnet River and that deeds from the abutting property owners indicate that the property is bounded by ROW. This ROW is a Town ROW and has been used as a ROW for many years.
Abigail Brown, Portsmouth Harbor Master, addressed the Council expressing concern for the parking due to neglect of vegetation clearing along the road as well as the road needing repairs. Mr. DeSisto stated that the CRMC designation recognized the legal status of the East Power Street ROW but the maintenance of the street and ROW remains with the Town of Portsmouth. Mr. DeSisto stated he would communicate through a written letter with the Town Solicitor.
Mr. Sahagian motioned to adopt the Findings of Fact and that the ROW be adopted as a CRMC designated ROW.
Ms. McGovern seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2021-03-073 Cory’s Lane – Approximately 12’ wide paved asphalt path that leads from Cory’s Lane to the water’s edge dividing 32/1/A and 32/1/B
Mr. DeSisto stated that the scenic and picturesque public street, Cory’s Lane, separates the Preservation Society of Newport from Portsmouth Abbey. Mr. DeSisto stated that there were concerns for safety raised regarding the railroad tracks of which are used by Track Bicycles. Ms. DeSisto stated that the ROW is clear and is used by many people. Mr. DeSisto stated that safety measures needed to be in place and that the safety measures should be put in place by the Town of Portsmouth.
Tom Grieb asked if the RIDOT would be responsible as they are the owner of the railroad tracks and the land. Mr. DeSisto stated that in his letter to the Town Solicitor regarding the safety and maintenance of the ROW, he would cc the RIDOT Legal Counsel. Mr. Grieb stated that on other roads where the railroad crosses, there are flagmen that stand there. Mr. Grieb believed CRMC should notify the company.
Ms. McGovern motioned to adopt the Findings of Fact and that the ROW be adopted as a CRMC designated ROW.
Ms. Hall seconded the motion.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
Mr. DeSisto thanked the Town of Portsmouth for their diligence in helping with the CRMC ROW designation process.
8. APPLICATIONS WHICH HAVE HAD PUBLIC NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:
2021-08-102 BRISTOL COUNTY WATER AUTHORITY – To remove the Lower Kickemuit Reservoir Dam and for the restoration of the upper Kickemuit Estuary. Located at plat 13B, lots 28; plat 21, lots 182; Warren, RI.
Joseph Keough was present to represent BCWA, along with Matthew Bellisle, Stephen Coutu, Seaver Anderson, Brian Dutra, and Matthew Dunn – all of which were sworn in and identified themselves for the record.
Ms. Silva gave a brief overview of the application stating that the project was to remove the lower dam of the Kickemuit River through the CRMC FWWVC regulations. Ms. Silva stated that the application is part of a larger project to remove both lower and upper dams with DEM handling the upper dam. Ms. Silva explained that the area between the two dams was the former drinking water reservoir which is no longer used as it was breached by salt water. Ms. Silva stated that as part of the dam removal there will be dredging to remove both of the abutments and also to dredge the channel where the original river was back in the 1800 before the reservoir was created. Ms. Silva stated that the dredge window was being worked with RIDEM and the ACOE and that Ms. Silva will reflect in the assent that we defer to the ACOE on the dredge window matter.
Ms. Silva stated that objections were received during the Public Notice period and were primarily related to concerns of flooding and saltwater intrusion into the local drinking water wells.
Ms. Silva stated that the project was the culmination of many years of work, public hearing and public input. Ms. Silva feels that all concerns were addressed sufficiently and that there were no staff objections to the removal of the lower Kickemuit dam. The applicant agrees to all staff stipulations.
Ms. Silva confirmed for Mr. Sahagian that the project meets the goals and policies of the CRMC Management Program, that all reasonable steps had been taken and that the proposed activity serves a compelling public purpose.
Ms. Silva confirmed for Mr. Gomez that due to the jurisdictional lines for wetland delineations, CRMC would handle lower dam; DEM Freshwater Wetlands would handle the upper dam and DEM Division of Water Quality would be reviewing the project as one.
Ms. Hall asked if there was a chance that the result of the upper dam review and decision would require CRMC to review the application again. Ms. Silva stated that it was a possibility but after speaking with RIDEM (and without finer details) there will not be a substantive change to the project on their behalf.
No further questions from the Council for ALS
Chair Coia called for the application to speak.
Mr. Keough addressed the Council on behalf of the Bristol County Water Authority stating that they had reviewed the CRMC staff written report. Mr. Keough informed the Council that the application had many letters of support such as Warren Land Conservation Trust, Warren Conservation Commission, RI Shellfishermen’s Association, NOAA’s National Marine Fisheries Service, the Town of Warren and the Department of Transportation.
Mr. Keough stated that there were several letters of object but that one letter was a form letter sent in over and over by many people. Mr. Keough stated that Pare Engineering, firm for this project, refuted the complaints and issues of fisheries have been rebutted in evidence as well.
Mr. Keough stated that the application had been through the Public Notice process, the application had been reviewed thoroughly and that no citation to law or regulation that would be violated with this project.
Mr. Keough explained that the BCWA Director and Pare Engineering staff were present to answer questions.
There were no questions for applicant from Council.
Chair Coia asked the person present objecting to the project to speak and that Mr. Keough would be allowed to rebut.
Robert Bothello a resident of Warren RI and owning property abutting the Kickemuit River along the western bank of the reservoir addressed the Council.
Mr. Botelho’s main concern was in regards to the contamination of the well water along the banks of the river. Mr. Botelho stated that the CRMC public notice was only received by three people in the area and he felt it was good citizenship to notify people and have them sign a form if they objected to the project. Mr. Botelho also expressed concern for the environmental challenges that would come from the removal of the dams such as pollution from upstream into the Mount Hope Bay. Mr. Botelho also expressed concern over regulatory conformance of the process by with Bristol Community Water Authority conducted their planning of the project with local, state, and federal agencies. Mr. Botelho also asked that a freshwater water line be run along Serpentine Avenue.
Chair Coia asked if anyone on the zoom platform wished to speak. Chair Coia asked that the record reflect that there was no one who indicated their wish to speak for or against.
Chair Coia asked a second time that if anyone on the zoom platform wished to speak, they use the chat or raised hand aspect of zoom to notify – again, no one indicated their wish to speak.
Mr. Keough addressed the Council a second time stating that the Bristol County Water Authority was very receptive to the public and their concerns explaining that there were several public hearings held as well as public information sessions. Mr. Keough explained that concerns were raised but no expert testimony was given to counter the science in the BCWA application. Mr. Keough also stated that it was not fair to raise concerns about other agencies when the agencies were not there to present their case.
Mr. Keough stated that members of Pare Engineering were present for discussion of evidence.
Mr. Sahagian asked Mr. Keough if BCWA would consider running the waterline that was requested by Mr. Botelho. Mr. Keough stated that the BCWA would need to do a cost analysis but if it was prohibitive, then no.
Ms. McGovern asked if BCWA would provide compensation for public to engage experts for water testing. Mr. Keough stated that BCWA had engaged experts and have agreed to do well testing both pre and post construction. Mr. Bellisle of Pare Engineering stated that the plan is that 90 days prior to start they would send water to third party lab, as well as after the construction, to check salinity content. Mr. Bellisle stated that DEM only listed two wells that needed to be tested but that BCWA stated that they would test any well on Serpentine Avenue but that it was up to the resident to request.
Mr. Sahagian asked Ms. Silva if she was comfortable with how the BCWA was handling the water testing. Ms. Silva stated that the water testing was not a redbook regulation but that a stipulation could be added to an Assent is the Council requested it. Mr. Keough agreed to the water testing stipulation.
Mr. Gomez asked how long the post project testing would go on and if salt water intrusion is found, would BCWA take care of it. Mr. Keough stated that BCWA planned to test even without a stipulation in the Assent and that saltwater intrusion testing would be done after the total project was complete.
Mr. Sahagian stated that the abutters to the project should have some protection and that perhaps CRMC overseeing the monitoring of the wells would be allowable. Mr. Sahagian stated that the objective is to protect the integrity of the private wells as their water source. There was discussion on language to use for a potential motion regarding well monitoring.
Mr. Botelho stated that remediation of problem would be needed as well as recourse and mitigation solution for an alternate freshwater supply source.
Chair Coia stated that CRMC should do their due diligence and asked if they could make part of the recommendation a cost study for Serpentine Road.
Mr. Sahagian mentioned tabling the application.
Mr. Keough stated that BCWA was willing to do the cost study for water line down Serpentine Road.
Ms. Hall expressed concern that the Council was leaning out of jurisdiction with the suggestion of oversight for future well testing. Mr. DeSisto stated that the applicant had agreed to do feasibility study for waterline on Serpentine Road. Mr. DeSisto stated it was appropriate for the Council based on the Council’s ability to grant Special Exceptions.
Ms. Silva stated that staff stipulation on P9 says applicant is responsible for hiring professional and that an Environmental Consultant will be on board. Ms. Silva agreed that CRMC needs to have oversight and stated that CRMC has jurisdiction over violation or enforcement issues in this area.
Mr. Gomez agrees that requiring a water main down a road when only one or two wells may be affected. Mitigation for the affected wells should be required.
Ms. Reynolds agreed that mitigation plans should be in place if negative results are received. Mr. Keough stated that they would have to see what the results are and that it is all speculative; would have to see based on testing we get back.
Mr. DeSisto expressed concern about Mr. Botelho’s intimation of a conflict of interest by Mr. DeSisto and stated that after speaking with the Solicitor of the Town of Warren, and noting that the Town of Warren does not have jurisdiction over the project, there is no conflict of interest on his part.
No further questions from Council to Staff.
Chair council ready for motion
Mr. Gomez motioned, based on discussions that this application be approved with stipulation of the periodic testing of water quality as CRMC staff member Amy Silva deems; based on findings of fact, and CRMC staff report, that the project be approved.
Mr. Izzi seconded the motion.
Ms. Hall asked if motion included all of the staff stipulations recommended by Ms. Silva.
Mr. Gomez amended his motion to include all staff stipulations as recommended by Ms. Silva. Mr. Izzi reiterated his second.
Ms. McGovern also added cost analysis be added to the motion.
Mr. DeSisto stated it was added. Mr. Izzi reiterated his second.
Roll call vote:
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Sahagian Aye
Ms. McGovern Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
7. ADJOURN
Motion to adjourn carried on unanimous vote
Motion: Mr. Sahagian
Second: Ms. McGovern
Unanimous voice vote.
Meeting adjourned at 7:45 p.m.
Minutes respectfully submitted,
Lisa A. Turner
Recording Secretary
Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov
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