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, February 28, 2023 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
Patricia Reynolds
Stephen Izzi
Catherine Robinson Hall
Excused
Lindsey McGovern
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Amy Silvia, Spv Environmental Scientist
Devon Robinson, Sr. Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
1. CALL TO ORDER
Chair Coia called the meeting to order at 6:05 p.m. Thank you to everyone for coming this evening.
Chair Coia acknowledged Mr. Sahagian and his long term on the Council. Thank him for many years of dedicated service to the Council.
2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING
Chair Coia called for a motion regarding the minutes for the Tuesday, January 24, 2023 Semi-monthly
Meeting.
Motion: Mr. Gagnon
Second: Ms. Hall
Motion carried on a unanimous vote.
3. Subcommittee Reports
None.
4. Staff Reports
Mr. Willis updated the Council on the following:
5. Applications requiring Special Exception for Council Review and Action:
2021-02-053 PLUM BEACH CLUB -- Modification of an existing recreational boating facility to provide for more stable floats. Work consists of relocating piles and raising pier 10” (to provide for 4’ of clearance at high tide). Replace the two seaward floats at the end of the facility (each 8’ x 16’) with two new floats each 9’ x 17’. On the north side of pier, replace two 4.5’ x 16’ floats with two floats - one will be 4.5’ x 12’ and the other 4.5’ x 16’. Total increase of floatage is 32 sf (i.e. total permitted = 400 sf, total proposed 432 sf). The facility as proposed will be within 45 feet of the town mooring field and 65 feet seaward of Mean Low Water (MLW). A Special Exception (ref Red Book 650- RICR-20-00-01 Section 1.1.8) is required to expand recreational facility in RICRMP designated “Type 2” waters (reference Section 1.1.5.A Table 1 (Type 2 Waters Matrix)), as any new recreational structures are prohibited in Type 2 waters. Located at Plat 41, lot 69; 255 Plum Beach Road, Narragansett, RI.
Sworn In and Identified for the Record:
Arthur Bert, Board Member of Plum Beach Club - Applicant
Warren Hall, PE - Consultant
Also present on behalf of Plum Beach Club was Attorney Robert Craven, North Kingstown State Representative.
Mr. Lucia gave a brief overview of the application stating that the facility had been in existence prior to 1969 and was able to provide acceptable demonstration of pre-existence which allowed for CRMC to authorize the structure with a CRMC Dock Assent in February of 2022. Mr. Lucia stated the facility is set up as a touch and go facility and for small craft use and is also used as an outlet for North Kingstown Emergency Personnel when cases arise.
Mr. Lucia explained that the applicant was asking for an expansion to include a float size increase and a length increase, which, due to CRMC regulations would require a Special Exception as any new recreational structures in Type II waters are prohibited. Mr. Lucia further explained in order to be granted the Special Exception for this prohibited activity, the applicant would need to demonstrate that the facility provides a compelling public purpose. Mr. Lucia explained that the file contained a memorandum from the Town of North Kingstown’s Fire Marshall, Greg Pariseault, explaining the verbal cooperative agreement between Plum Beach Club and NK Fire Dept which provides a compelling public purpose of safety and emergency rescue. Mr. Lucia explained that the Save The Bay objection was also answered through the memorandum from the Town of North Kingstown’s Fire Marshall. Mr. Lucia stated that if the Special Exception is granted by the Council, the CRMC staff engineer offered no objection to the approval of the project.
Mr. Lucia confirmed for Mr. Gomez that staff would stipulate the extraction of the pilings as a whole; however, if the pilings would not pull out, they would be cut to the mud line.
Ms. Hart asked if there were other docks in the area that rescue boats could also utilize for emergency circumstances in the waters. Mr. Lucia stated he was not aware of any.
Mr. Albert addressed the Council stating that the Plum Beach Club wanted to replace the dock to as close to the original dock as possible when it was originally built. Mr. Albert also stated that the water level had risen over the years and the modified facility will be increased by 10” providing 4’ over mean high waters. Mr. Albert stated that the modifications to the facility, located near the Jamestown Bridge in turbulent waters, would provide more stability for the Town Rescue boats.
No questions were heard from the Council members for the applicant.
Warren Hall addressed the Council explained that the new timbers and 12” diameter piles will be ACQ treated which is a non-leaching preservative.
Mr. Albert assured Mr. Gomez that the facility would remain a touch and go facility for smaller boats. No larger boats are intended.
Atty Robert Craven was sworn in and identified himself for the record. Representative Craven addressed the Council stating that he has lived in North Kingstown for 50 years, represents this particular district, and that he supports the efforts of the Club to provide a safe avenue for the North Kingstown Fire and Rescue to rescue missions in this area.
Ms. Hart asked if the Fire Department was contributing funds to the reconstruction. Representative Craven stated that the cooperation between the Plum Beach Club and North Kingstown Fire Department is voluntary in nature and no funding will come for the reconstruction of the dock.
No further questions from the Council or CRMC staff.
There were no comments from the public during the Special Exception public comment period.
Mr. Gomez motioned for the approval of the Special Exception based on discussion had and findings of fact this mod is necessary due to the deterioration of the present facility and serves a compelling public service to the Town of North Kingstown. Mr. Izzi seconded the motion
No discussion
Poll
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Mr. Coia Aye
All ayes in favor of granting of special exception.
Mr. Gagnon motioned for the approval of the application as presented with staff stipulations. Mr. Gomez seconded the motion.
Poll
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Mr. Coia Aye
Motion to approve carried on unanimous roll call vote.
6. Applications that have been Out to Public Notice before the Council for Review and Action:
2021-03-090 RI COMMERCE CORPORATION – A 21.9-acre paved area in Quonset Business Park for parking and a future laydown area for port operations. Two new water quality infiltration basins are proposed to meet State stormwater management requirements. Approximately 10,000 cubic yards of excess material will be used to create 5’ high berms located east of the paved area and within the coastal buffer zone. A maximum 122’ buffer zone variance from the 150’ buffer zone standard is required for fill berms, pavement and stormwater features within the 150’ buffer zone. Located at plat 192, lots 10, 2, 5, 7, 8, 9; Thompson Road, North Kingstown, RI.
During Ms. Silva’s accounting of the application to the Council, is was determined that the project description on the Agenda/Public Notice was different than the project in front of the Council. Ms. Silva stated that during of the course of her application review, the project had shifted from CRMC coastal jurisdiction to CRMC freshwater wetland jurisdiction and that based on the older version (prior to July 2022) of the FWWVC regulations the change in project did not require a second public notice. At the advice of Legal Counsel Anthony Desisto, a motion was made by Ms. Reynolds and seconded by Ms. Hart to continue the matter to a future meeting with proper notice.
Poll
Mr. Izzi Aye
Ms. Hall Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Gagnon Aye
Mr. Coia Aye
Motion to continue to next possible meeting was approved on a unanimous roll call vote.
Attorney Michael Resnick was present representing the applicant.
Brian King from Crossman Engineering was present as consultant – was sworn in and identified himself for the record.
Ms. Silva addressed the Council stated that the project was reviewed as a Category B application for watershed activity under the Salt Pond Management Plan. Ms. Silva explained that the application also required review under the Freshwater Wetland in the Vicinity of the Coast regulations and was submitted prior to the regulatory change in July of 2022. Ms. Silva states that the larger FWW on site would receive a 50’ buffer zone but the smaller FWW did not receive a 10’ buffer as the road passes between the two smaller wetlands. Ms. Silva stated that the application was not required to go out to public notice; however, objections were received for the application. Ms. Silva stated that the objections were mainly due to a misunderstanding that the proposed road would go through the wetland as opposed to between two wetlands with a retaining wall for the road between those two wetlands to minimize impact of grading. Ms. Silva stated that other objections were concerning the reduction of current open space and trails. Ms. Silva stated that the open space would remain and the trails would be allowed to revegetate naturally. Ms. Silva stated that CRMC staff believed the objections were adequately addressed.
Ms. Silva stated that the application met the regulations of the Salt Pond SAMP and the old FWWVC regulations. Ms. Silva also stated that two staff stipulations were provided beyond the regular stipulations.
Mr. Resnick addressed the Council and stated that the applicant reviewed the CRMC staff report and recommendations, discussed the conditions and are amenable to them and the applicant requests that the findings therein be adopted by this Council. Mr. Resnick stated that they feel the comments were adequately addressed by the applicants, however, they would like to opportunity to rebut the objections.
Nothing further to say.
Doug Desimone, Project Manager, was sworn in and identified himself for the record. Mr. DeSimone stated that the CRMC final approval was required to receive local approval. Ms. Silva stated that the HOA language would be included in the final assent as a stipulation.
There were no questions from the Council for Mr. DeSimone.
Marisa Desautel was present representing the Arnolda Improvement Corporation Alisa Richardson was present as Ms. Desautel’s witness.
Ms. Richardson was sworn in and identified herself for the record at Alisa Richardson, Director of Environmental Programs for the RI Department of Transportation. – also indicating that she was not present in that capacity.
Ms. Desautel stated that the Arnold Improvement Corporation comprised of property owners adjacent to Summerwinds Subdivision; and that Ms. Richardson, who maintains a consulting firm outside of position with RIDOT (with approval from Ethics Commission) would offer testimony of cumulative impact and pollutant loading which did not appear to have been addressed in this application or review
Ms. Richardson stated that she had reviewed the file as provided to her and that she was familiar with CRMC regulatory requirements of the Salt Pond SAMP.
Ms. Richardson stated that the proposed subdivision would be located in lands of critical concern due to levels of nitrogen in the Salt Ponds and that with the addition of septic and stormwater from the subdivision there would be added nitrogen in the Salt Ponds. Ms. Richardson stated that this area is already over carrying capacity. Ms. Richardson testified that the developer could incorporate a denitrifying border at the edge of the neighbors which would provide for a reduction in nitrogen prior to going into the aquifer and then to the wetland. Ms. Richardson stated that the Salt Pond SAMP refers to the denitrifying border (trench with wood chips) as nitrogen reduction technology.
Ms. Desautel asked to submit a drawing prepared by Ms. Richardson showing where the border could go. CRMC procedure states that information for the Council must be submitted at least 7 days prior to the meeting. Atty Resnick objected to the submittal of information.
A motion was made by Ms. Hart that the document be submitted for reference purposes only, seconded by Mr. Gomez.
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
The motion carried on a unanimous vote.
Ms. Richardson identified the areas on a diagram presented by applicant of where the denitrifying borders would be beneficial.
Mr. Gomez asked about the maintenance of the denitrifying borders. Ms. Richardson stated that the technology has a lifespan of 10-20 years but not sure if wood chips needed to be replenished.
There was further discussion on the ways to reduce nitrogen in this area of the pond – such as, reduction of lots in the subdivision or working to change the septic systems that do not meet the current requirements.
Ms. Silva stated that the project does contain nitrogen reducing technologies.
Ms. Hall asked if the houses in the Arnolda Improvement Co are within the appropriate carrying capacity. Ms. Richardson stating that many are pre-existing and it is difficult to determine the loading of the pre-existing homes.
Ms. Silva stated that the project subdivision met all CRMC programmatic requirements and regulations.
No further Council questions for Ms. Richardson.
Mr. DeSisto stated that Mr. Resnick had the opportunity of cross examining the witness. Mr. Resnick declined.
Mr. DeSimone stated that the applicant had worked very diligently with staff and the size of the subdivision is based on comments from CRMC and RIDEM. Mr. DeSimone stated that open lands were include as well as an easement for the HOA to maintain the stormwater management system.
Mr. Resnick stated that the comments from objectors were addressed at great length as well as Water Quality issues and through discussion with Charlestonw, DEM and CRMC, the reduction of lots and denitrifying systems.
Mr. King stated that the denitrifying borders were not necessary and that the plans for the subdivision meet CRMC programmatic regulations.
Mr. Gagnon asked if there was a limit on the size of the houses. Mr. King stated that all houses had an approved 4 bedroom denitrifying septic system and that houses could not have more than four bedrooms.
Mr. Gomez asked about the water source for the houses. Mr. King stated that each house lot had a well with 150 foot separation.
Applicant presentation concluded.
Council members returned the reference documents to Mr. DeSisto to prevent defacto exhibit.
Chair Coia asked both Ms. Silva and Mr. Lucia if there opinion has changed after hearing the testimony. Mr. Lucia and Ms. Silvia both stated that their staff report recommendation had not changed.
No further questions from Council.
Ms. Reynolds motioned approval, based on presentations and findings of staff report with staff stipulations as well as standard stipulations. Mr. Gomez seconded the motion.
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
The motion carried on a unanimous vote.
7. Enforcement Case before the Full Council for Review and Action on an Order to Restore:
2022-0089 NOAH GABRIEL – Require restoration of Plat Y-3, Lot 186, Daytona Avenue, Narragansett, RI which was the subject of unauthorized alterations of a freshwater wetland, as well as unauthorized filling and clearing of vegetation within a contiguous freshwater wetland located at.
Mr. DeSisto began by stating that the property owner made several allegations but one was his intent to file a lawsuit under civil rights action. Mr. DeSisto stated that he discussed the situation with CRMC staff and that an email was sent to Mr. Gabriel explaining that the Agenda Item would be heard at the February 28th Semimonthly meeting and though he stated he would not attend, he did not formally request a continuance.
Mr. DeSisto stated that CRMC Staff’s enforcement conclusions are correct, and Mr. Gabriel’s response has been constitution and property rights.
Mr. DeSisto recommended that the Council proceed.
Ms. Robinson gave an accounting of the enforcement process for plat Y-3, lot 186, Daytona Avenue, Narragansett, RI stating that the Town of Narragansett alerted CRMC on April 27, 2022 of the violation and she and Laura Miguel inspected the site.
Ms. Robinson stated that the property owner was issued a Cease & Desist Order for unauthorized fill on a freshwater wetland as well as vegetative clearing both of which are prohibited under the RICRMP.
Mr. Robinson stated that a culvert in an Area Subject to Storm Flowage and driveway were also installed without a CRMC permit.
After multiple phone calls and email from May through October of 2022, the property owner hired Ecosystems to delineate the wetland as required. On October 12, both CRMC staff Environmental Scientist Sean Feeley and myself made a site visit and did not agree with the wetland flagging.
CRMC staff Laura Miguel, Devon Robinson and Sean Feeley met Mr. Gabriel and his consultants at the property and it was agreed that the wetland delineation was incorrect and that most of the property contained contiguous FWW.
Between October and February multiple emails were received indicating that Mr. Gabriel did not plan to comply and did not plan attend this meeting.
Ms. Robinson stated that earlier in the day (February 28, 2023) the Town of Narragansett informed the CRMC of tree cutting on the property and that she inspected the property and found cut trees and cut vegetation.
Ms. Robinson asked that the Council issue an “Order to Restore” requiring Mr. Gabriel to restore the site in its entirety by May 15th. CRMC staff also requests that Mr. Gabriel submit an acceptable restoration plan prepared by a qualified professional by April 1, 2023.
Ms. Robinson confirmed for Mr. Gomez that a Cease and Desist was issued on May 4th of 2022.
There was discussion amongst the members about the tree cutting and ordering to replace the tree and issue fines.
Mr. Gomez motioned that the Council issue an Order to Restore the property by May 15th 2023 and an acceptable plan by qualified professional be submitted to CRMC by April 1st, 2023.
Ms. Hall seconded the motion and asked what would happen if the property owner, Mr. Gabriel, did not comply with the “Order to Restore.”
Mr. DeSisto stated that Mr. Gabriel could allege a takings through Superior Court. If he does not allege a takings and does not restore the property, the next step would be for a declaratory judgement action in injunctive relief ordering the applicant to restore the property.
The Council agreed that if nothing is heard from Mr. Gabriel or his consultants by May 15th, the file will go straight to Legal Counsel.
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
Motion carried.
8. Executive Session pursuant to RIGL § 42-46-5(a)(2) Litigation - Troiano v. Rhode Island Coastal Resources Management Council, SU-2022-0164-A.
Motion to enter Executive Session:
Motion: Mr. Gagnon
Second: Mr. Gomez
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
Motion to enter Executive Session carried.
Motion to come out of Executive Session:
Motion: Mr. Izzi
Second: Mr. Gagnon
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
Motion to come out of Executive Session carried.
Motion to seal the minutes of the Executive Session:
Motion: Mr. Izzi
Second: Ms. Reynolds
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
Motion to seal the minutes of the Executive Session carried
Vote on matters from Executive Session:
Motion made to withdraw appeal from Troiano vs CRMC case.
Motion: Mr. Izzi
Second: Ms. Hall
Poll
Mr. Izzi Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Gomez Aye
Mr. Coia Aye
Motion made to withdraw appeal from Troiano vs CRMC case carried.
8. ADJOURN
Motion to adjourn carried on unanimous vote
Motion: Mr. Izzi
Second: Ms. Reynolds
Motion to adjourn approved on a unanimous voice vote.
Meeting adjourned at 8:29 pm.
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
An Official Rhode Island State Website