In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Monday, April 24, 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
Lindsay McGovern

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Amy Silvia, Spv Environmental Scientist
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.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Coia called for a motion regarding the minutes for the Tuesday, February 28, 2023 Semi-monthly
Meeting.

Motion: Ms. Hall
Second: Mr. Izzi
Motion carried on a unanimous vote.

3. Subcommittee Reports

None

4. Staff Reports

Mr. Willis thanked the Council for adjusting their schedules for this meeting and updated the Council on the following:

• RIDEM Director Terry Gray attending;
• Task with URI and RISAA for better assessment of fishing in the bay survey recanglers a to
  where they fish.
• Presentation before the Senate Committee on the Environment and Agriculture helping them to
  better understand the responsibilities of the CRMC.

5. Before the Council for Consideration and Action of Funding under the State’s Coastal and Estuary Habitat Restoration Trust Fund:

The projects recommended for full funding are:

1. Ten Mile River Reservation Dam Removal Assessment ($50,000)
2. Rodman Mill Dam Fish Passage Restoration ($24,000)
3. Restoration of Legacy Agricultural and Mosquito Abatement Impacts to Galilee Salt Marsh ($40,500)
4. Woonasquatucket In-Water and Bank Habitat Improvement Below Manton Dam ($50,000)

The projects recommended for partial funding are:

1. Hunts Mill Fish Passage Restoration ($60,500)

Leah Feldman gave brief summary of the Coastal and Estuary Habitat Restoration Trust Fund stating that this was the 20th year funding projects and has leveraged $31 million dollars.

Ms. Feldman stated that the Technical Advisory Committee had met on February 23, 2023 to review the projects in front of the Council.

Ms. Hall motioned for the approval of funding as allotted by the Technical Advisory Committee. Mr. Gomez seconded the motion.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

The motion for the approval of funding as allotted by the TAC was approved.

5. Applications requiring a Public Hearing for Special Exception and Action before the Full Council:

2022-12-092 CITY OF NEWPORT -- Construct and maintain a new dinghy float dock comprised of six (6) 24’ long by 16’ wide sections (136’ overall length) connected to Stone Pier by gangway compliant with Americans with Disabilities Act (ADA) adjacent (southeast) to existing dinghy dock at King Park. A Special Exception (ref Redbook 650-RICR-20-0-01 Section 1.1.8) is required to expand a recreational facility in RICRMP designated “Type 2” waters (reference ref 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 42, lot 7; Wellington Avenue, Newport, RI.

Ms. Reynolds recused herself as she worked for City of Newport.

Mr. Steven Land, Newport Harbor Master, was present for the City of Newport.

Mr. Lucia gave a brief description for the Council explaining the project as stated in his report, as well as giving an explanation of Special Exception procedures. Mr. Lucia stated that the reason this project required a special exception was that the location of the dock was in Type 2 waters as a recreational structure is prohibited in Type 2 waters.

Mr. Lucia explained that the use of the facility will not change and that the expansion will allow for the increase in public use and accessibility.

Mr. Lucia stated that it is the staff’s opinion that the project met the requirements for Special Exception.

Mr. Lucia stated that if the Council approved the special exception staff recommend approval with additional staff stipulations of no overnight boat berthing.

Mr. Land addressed the Council and stated he was in agreement with the staff stipulations.

Mr. Gomez spoke in favor of the Special Exception based on additional accessibility for public use.
Ms. Hall asked for clarification on who the dock would be available to?

Mr. Land was sworn in and identified himself for the record as Stephen Land, Harbor Master, City of Newport.

Mr. Land stated that the facility can be used by visitors overnight.

There was no one present to speak for or against the application and public comment was closed.

Mr. Gomez motioned for the approval of the Special Exception based on compliance with regulations and compelling public purpose. The motion was seconded by Mr. Grey.

There was no discussion on the motion.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the Special Exception was passed.

Application as a whole:

Mr. Gomez motioned for approval of the application based on the findings of fact and statement that the applicant read, and that the City agreed to staff stipulations. Motion seconded by Ms. McGovern and Ms. Hall.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the full application was passed.

Applications that have been Out to Public Notice before the Council for Review and Action:

2021-03-090 RI COMMERCE CORPORATION – Construct a 21.9 acre paved port lay down area, associated structure(s), removal of a portion of Thompson Rd and relocation further inland, wetland restoration, stormwater management, public access. Located at plat 192, lots 10, 2, 5, 7, 8, 9; Thompson Road, North Kingstown, RI.

Lindsay McGovern recused herself.

Ms. Silva gave a brief overview of the application to the Council stating that the application was reviewed through both regulatory programs – CRMP and FWWVC.

Ms. Silva stated that there were no objections received for this project.

Ms. Silva stated that as designed, the project meets all of CRMC regulations. Ms. Silva stated that there were no staff objections to the approval of the project and informed the Council that, if approved, 5 additional staff stipulations will be added along with the standard stipulations.

Ms. Hall asked if the restoration would provide the grasses and habitat for specific bird breeds that are historically known to live in this area. Ms. Silva explained that, in her opinion, the project would not detrimentally impact the birds.

Applicants, Gina Capalbo and Chelsea Siefert both with the Quonset Development Corporation were present. Ms. Capalbo and Ms. Siefert stated that agreed with staff recommendations and had no further information to add but were available to answer questions.

The Council has no questions for the applicant.

There was no one else present to speak for or against the application.

Mr. Gomez motioned for the approval of the application based on findings of fact and the presentation of staff with the inclusion of all staff stipulations. Ms. Reynolds seconded the motion.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the application was passed.

2022-06-093 TOWN OF NORTH KINGSTOWN -- Reconstruct an existing concrete launching ramp, repositioning and fortifying existing rip rap revetment, removing the existing floating docks, and reconfigure a new 6ft x 120ft public recreational boating facility. The facility will extend 89ft beyond Mean Low Water. Located at plat 118, lot 32; 8150 Post Road, North Kingstown, RI.

Mr. Lucia gave a brief overview of the application stating that the project was located in Type 2 waters, low intensity use, in Mill Cove. Mr. Lucia stated that the reconfiguration of the launch ramp and public recreational boating facility would provide better public access and the possibility of simultaneous launching and hauling vessels. Mr. Lucia stated that no objections were received for the project.

Mr. Lucia stated that staff opinion that the project will provide better public access and, therefore, recommended approval of the project.

Mr. Lucia explained that there would be a stormwater treatment requirement through the water quality certification.

Ms. Gail Salzberg, Allen Harbor Marina, was present to represent the Town and Gus Kruezkamp of Harbor Engineering – both were sworn in and identified themselves for the record.

Mr. Gomez asked the town representatives if they read the staff reports and if they agree with staff stipulations. Both representatives stated that they read the staff report with additional stipulations and agreed with both.

Ms. McGovern asked when the project would take place. Ms. Salzberg stated that the Town would accept bids over the summer and construction would start in the fall. Ms. Salzberg also explained that the current town facility gets much use throughout the summer season.

No one present to speak for or against

Mr. Gomez motioned for approval based on staff report, staff presentation, staff recommendation, and findings of fact. The motion was seconded by Mr. Izzi.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the application was passed.

2022-08-043 McALLISTER TOWING AND TRANSPORTATION -- Project is to stabilize the failing concrete pens (informally named north and south) that are causing safety hazards on land and in water along the property. A portion of the north pen has failed, and the south pen has large cracks in the walls and settlement. The project will construct a stone riprap/revetment within a portion of the north pen to match conditions immediately to the north and place granular backfill in the south pen to match existing grade. At the north pen a portion of the bulkhead will be realigned and new sheetpile bulkhead will be installed to address slope stability. The south pen will also have steel sheetpile bulkhead installed on the face of the pen. The project also includes extending the existing stormwater outfall pipe at the south pen. Additionally, work will include installation of Stormwater Units (4 JellyFish Units) to treat stormwater previously required to be treated per CRMC Assent Mod 2017-02-049, dated October 25, 2018. Located at plat 18, lots 332, 48; 1 India Street, Providence, RI.

Mr. Lucia gave a brief overview of the application presenting the following:

• Project located in Type 6 waters of the Providence River
• The site is used to support the tugboat and other working navigational vessels which provide assistance
  throughout the Narragansett Bay and port areas.
• The work proposed would eliminate a safety hazard and stabilize the existing bulkhead.
• The filling in Type 6 tidal waters is allowable if the filling is made to accommodate the designated priority use and is the minimum necessary.
• Stormwater will be treated in accordance with the RI Stormwater Design and Installation Manual as per Modified Assent 2017-02-049.

Mr. Lucia stated that based on review of the project, staff recommended approval. There were no questions of staff from the Council.

Present for the project is Gary Oliveira of McCallister Towing and Robert Fairbanks, PE. both of whom were sworn in and identified themselves for the record.

In answer to Council questions, the applicant explained the history of the area dating back to the 1600s and that with an increase of use it is important to fill the two holes in the ground (pens) and stabilize the bulkhead for safety.

No further questions from the Council.

Mr. Lucia explained that the project requires DEM Water Quality Certificate and US ACOE permit.
No public comment.

Council motion:

Ms. Hall motioned for approval based on the findings of fact, staff presentation and recommendation. Mr. Reynolds seconded the motion.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the application was passed.

2021-11-002 MATUNUCK BEACH ROAD PARTNERS, LLC -- A 12-unit (3 affordable) subdivision, including 6 residential duplexes serviced by private roadway, private OWTS and stormwater management; Additionally, associated utilities (public water, electric, phone, cable) and establishment of a buffer zone are proposed. The project is regulated under the Salt Pond Special Area Management Plan (SAMP) 650-RICR- 20-00-3 Watershed Activities and requires a 25’ setback variance to Redbook 650-RICR-20-00-01 Section 1.1.9(B)(1). Located on Matunuck Beach Road, Plat 92-2, lot 56; South Kingstown, RI.

Attorney Michael Resnick and applicant, Douglas DeSimone were present.

Ms. Silva gave a brief overview of the application stating:

• The project included a six-unit subdivision, each a two-bedroom duplex structure.
• Three of the units would be affordable housing.
• The property is 4.47 acres but a long and thin lot.
• The Salt Pond SAMP required a 200’ buffer zone with an easement.
• Comment was received regarding stormwater controls and the applicant demonstrated that the stormwater output would be less than pre-development of the site.
• Comment received regarding proposed fencing which is not a Redbook concern.
• Staff has no objection to the Council approving the application with two additional staff stipulations.

Ms. Silva explained that in this area, the properties must have a denitrification system which would be approved by RIDEM.

Ms. Hall asked about stormwater runoff and if it would benefit the applicant to have pervious driveways/roadways. Mr. Lucia stated that impervious roadways and driveways are acceptable as long as they treat the area using best management practices. Mr. Lucia stated that if the area gets flooded with will be through the entirety of the area not the subdivision.

No further questions for staff from council

Mr. Resnik spoke on behalf of the applicant. Mr. Resnik and Mr. Desimone stated they reviewed the staff report and had no objection to staff stipulations. Mr. Resnik provided clarification of the requirement of condo association documents – will record as soon as they will be able. Conservation easement will be recorded as well.

Mr. Chris Duhamel, PE, DiPrete Engineering, was sworn in and identified himself for the record and offered further explanation of the denitrification systems stating that each system would be a 4-br, Advantex system and would service two of the condo buildings which had 2 bedrooms each.

Ms. Hall asked a question on sea level rise in regard to bedrooms recommended to be at 20 feet elevation, but two units are at less than 20 feet elevation. Mr. Duhamel stated that the two end nits on either side are at 18 and 19 elevations due to topography, walkways and roads. Mr. Duhamel stated that they were higher than the flood elevation in this area. Ms. Hall stated that the design elevation is for the future.

No further questions from the Council for the applicant. No on present to speak for or against application.

Ms. Reynolds motioned to approve based on findings of fact, staff presentation and recommendation, variance criteria and information presented to the Council from the applicant – with two staff stipulations.

Mr. Gomez seconded the motion along with Mr. McGovern.

Poll:
Mr. Izzi Aye
Ms. Hall Aye
Mr. Grey Aye
Ms. Reynolds Aye
Ms. McGovern Aye
Mr. Gomez Aye
Mr. Coia Aye

Motion for the approval of the application was passed.

8. ADJOURN

Motion to adjourn carried on unanimous vote.

The meeting adjourned at 7:29 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

*Transcript available upon request.

 

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