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, May 9, 2023 at 5:00 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
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer
Kevin Sloan, Coastal Policy Analyst
Justin Skenyon, Ocean Engineer
David Ciochetto, Ocean Engineer
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Laura Dwyer, Public Educator and Information Coordinator
Lisa Turner, Recording Secretary
1. CALL TO ORDER
Chair Coia called the meeting to order at 5:18 p.m.
2. Subcommittee/Staff Reports
None heard.
3. Applications that have been Out to Public Notice before the Council for Review and Action:
2022-09-020 NEW YORK YACHT CLUB -- An existing recreational facility is proposed to be modified and expanded to consist of a 16’ x 136’ concrete floating dock, 16’ x 198’ floating concrete wave attenuators, 10’ x 132’ race committee floating dock, and a 10’ x 122’ floating dinghy dock which extends from an existing concrete wharf. The facility is proposed to extend 160ft beyond mean low water (MLW). Located at plat 41, lot 12; 5 Halidon Avenue, Newport, RI.
Present for the applicant were Attorney Joshua Parks of Adler Pollock & Sheehan and Herb Sirois, PE, Engineer.
Mr. Lucia gave a brief overview of the application explaining that the proposed modification to existing facility will not extend further seaward other than the wave attenuators. Mr. Lucia explained that with the considerable expansion proposed, a public access plan was required which was satisfied by the Yacht Club working with the City of Newport to financially help with a $100,000 donation for the construction of an ADA compliant ramp at the stone pier which was recently given approval by the Council through CRMC file 2022-12-092 City of Newport.
Mr. Lucia explained that two objections were received during the public notice one regarding mooring #629 which is located 117 feet from proposed facility which is greater than the regulated 50 setback. The second objection came in from Ryan Kelly objecting to the financial contribution to the City of Newport. Mr. Kelly expressed concern that the ADA compliant ramp would require long-term maintenance. Mr. Lucia noted that the ramp would be maintained by the City.
Mr. Lucia stated that it was the opinion of CRMC staff that the project is consistent with the application RICRMP standards and policies, and that staff deferred to the Council whether the impact on coastal resources caused by the project is mitigated by the proposed public access plan.
Questions from Council:
Mr. Gomez asked about existing public access at the Yacht Club. Mr. Lucia answered that while there is not public access through the Yacht Club there is plenty of public access at the stone pier and that it is the staff’s opinion that the mitigation plan is substantially relative to the public.
Ms. Hart asked if there were situations of mitigation in comparison to similar applications. Mr. Lucia stated that the mitigation was in line with other projects and seems reasonable.
No further questions from Council
Mr. Parks addressed the Council as representative of the New York Yacht Club and introduced Mr. St. Jean and Ms. Martha Werenfels, architect for the project.
Mr. St. Jean was sworn in and identified himself for the record.
Chair Coia asked is anyone was present that will speak in favor or against? No one was present.
Mr. Parks clarified that the facility would extend 160’ off of an existing fixed stone wall and would not be going any further into the water, it would not affect any area moorings and would have no additional impact to the surrounding areas.
Mr. Parks explained the Public Access mitigation plan and agreement with the City of Newport.
There were no questions from the Council to the applicant’s representatives.
Mr. Gomez made a motion based on findings of fact, correction to staff report, agreement to staff stipulations, and Public Access mitigation plan for the ADA compliant ramp. Ms. Reynolds seconded the motion.
Chair Coia polled the Council:
Ms. Hall Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Mr. Izzi Yes
Mr. Gomez Yes
Chair Coia Yes
Motion carried.
1994-11-030 TOWN OF PORTSMOUTH - Modify original Assent (1994-11-030) in order to complete repairs and replace public boat launch facility. Work includes removing the original northern upper and lower fixed pier and replacing it with a new single fixed pier. Also, a new pre- cast reinforced concrete boat ramp, floating docks and a stone protection structure (groin) will be installed.
The boat ramp will feature a timber groundout floating dock system. The existing 8 timber piles to the southwest of the boat ramp will be removed and replace by 7 steel piles to support the float system. The float system will have a deck 6 feet wide and will consist of three (3) 20-foot sections and one (1) 24-foot section. The float system will be preceded with a reinforced concrete abutment, approximately 20 feet long by 6 feet wide at the shoreline.
Additionally, to protect against wave action a stone protection structure (groin) will extend from the edge of the existing riprap revetment, to the southwest of the boat ramp. The protection structure will have a varying base width (47 feet maximum) and taper s from the base to a width of 4 feet at the crest. The quantity of fill below MHW is 18500 cf. Located at 0 Burma Road, Portsmouth, RI – plat 50, lot 7
Present for the applicant was Brian Woodhead, Director of Public Works for the Town of Portsmouth and Igor Runge, Engineer with GZA GeoEnvironmental; both were sworn in and identified themselves for the record.
Mr. Lucia gave a brief overview of the project explaining that the existing pier and ramp were deteriorated due to saltwater intrusion and constant wave action. The proposed groin would be Important for protection and daily use of the boat ramp. Mr. Lucia explained that the groin would require filling of tidal waters which is prohibited unless the filling is made to accommodate a designated priority use. Mr. Lucia stated that the filling is the minimum necessary for this project.
Mr. Lucia stated that it is the staff opinion that the project is not prohibited based on designated water type – Type 4 waters. Mr. Lucia also stated that it was the staff opinion that the project meets the requirements of the RICRMP, there were no objections to the project and recommended approval based on the betterment of public access to the shoreline.
Mr. Lucia confirmed for Mr. Gomez that there were not additional stipulations other than the standard stipulations.
Anyone present to speak in favor or against? No one was present.
Mr. Runge addressed the Council and stated that the dock was quite popular and that the proposed structure would be almost identical to what is currently present.
There were no questions of the applicant.
Mr. Izzi made a motion to approve the matter based on the applicant’s testimony, the staff report to approve application and subject to standard stipulations. Mr. Gagnon seconded the motion.
Chair Coia polled the Council:
Ms. Hall Yes
Mr. Gagnon Yes
Ms. Reynolds Yes
Mr. Izzi Yes
Mr. Gomez Yes
Chair Coia Yes
Motion carried.
5. Continuation from Tuesday, April 25th, 2023:
Discussion and action on federal consistency decision for CRMC File 2021-06-029 Revolution Wind, LLC Coastal Zone Management Act consistency certification; offshore wind energy facility in federal waters.
Chair Coia stated that at the last meeting much testimony was taken.
Attorney DeSisto began by stating that there was a recent development concerning the eligibility of one member of the Council who was not present. Mr. DeSisto stated that the quorum of the Council has six members. Mr. DeSisto further explained, based on Management Procedures 650-RICR-10-00- 1.2(C), that if a member of the Council abstains from the vote, that Council member is still a part of the quorum of six – one member will be abstaining. The hearing can proceed with public Comment and a potential vote.
Patricia Reynolds explained that she would be abstaining from the vote but will remain present at the meeting.
Public Comment
Chair Coia closed public comment at 10:35 pm and took break. Back on record at 10:43
Chair Coia thanked everyone for being present and thanked Cindy Tangney, Court Stenographer.
Atty DeSisto addressed the Council members and gave instructions for the deliberation process. Mr. DeSisto stated that the question for the Council is whether the Federal Consistency project is consistent with the enforceable policies of the approved state management program. Mr. DeSisto stated that while many extensions had been agreed upon between the developer and the CRMC, the last extension ends on Friday, May 12, 2023; and, if a decision is not made by the agency, the application will be deemed granted.
Mr. DeSisto explained the Council’s choices – denial, approval, or approval with conditions. Mr. DeSisto stated that the CRMC Staff report reflected approval with conditions and that the conditions were agreed upon by the developer,
Mr. Gomez began Council discussion by stating that he spent hours looking at his notes both pros and cons. Mr. Gomez stated that the developer reduced the number of turbines and increased the distance between the turbines, reduced their footprint at Cox Ledge, and is offering a mitigation package to the fishing industry in Rhode Island. Mr. Gomez stated that he felt the mitigation package should be increased. Mr. Gomez expressed his concern for the lack of decommissioning information as well as the impact on the ecology of the area. Mr. Gomez talked about coastal towns against the wind farms.
Ms. Hall began by stating that she respected the thoughtful comments expressed during the comment period; however, important aspects of the project CRMC does not have the ability to decide, such as: the location, the contract for power. Ms. Hall asked to pose a modification to one of the staff conditions, with agreement from Revolution Wind, that the turbine offshore substation foundations and associated network of inter-array and export cables be micro-sited outside of Cox Ledge unless Revolution Wind demonstrates that such micro-siting precludes their ability to meet its agreement for power obligations. Ms. Hall stated that the modification is based on the testimony and comments heard that refer to Cox Ledge as an area of particular concern due to the hard-bottom complex habitat. Ms. Hall made a motion based on all findings of fact made by CRMC staff, based on controlling law, regulations and enforceable policy of the RICRMP and move that the Council request Revolution Wind to agree to modify Condition No. 2 of the CRMC staff report to retain the concurrence. Mr. DeSisto stated that under 15CFR960.62(D)and 16USC1456, Subsection c(3)(A) but the applicant must agree.
Chair Coia asked how that motion would affect the CRMC staff review. Mr. Willis stated that they would want to see where the positions would be. Mr. Robinson stated that the new positions would have to be within the lease area received from BOEM.
Mr. Gomez expressed concern about being able to help the fishermen as well as being in compliance with the Ocean SAMP. Mr. Willis confirmed that they were in compliance with the Ocean SAMP.
Mr. Gagnon seconded Ms. Hall’s motion to ask Revolution Wind about the Modification to Condition 2.
Chair Coia polled the Council:
Ms. Hall Yes
Mr. Gagnon Yes
Ms. Reynolds Abstain
Mr. Izzi Yes
Mr. Gomez Yes
Chair Coia Yes
Motion carried.
Revolution Wind conferred with each other.
Ms. Main addressed the Council explaining all the ways that Revolution Wind had changed their project while working with CRMC staff. Ms. Main stated that the language of the inter-array cables and asked that the motion be amended to except out the inter-array cables. Ms. Main stated that if the motion is amended, Revolution Wind will agree to the remainder of the edits as motioned. Ms. Main read the agreed upon motion into the record.
Ms. Hall modified her motion to say based on all the findings of fact made by CRMC Staff in the staff report, controlling law, regulations, and enforceable policies, federally enforceable policies of the RICRMP, she moved that the project be deemed as consistent with the federally enforceable policies with the change language of Condition 2 to reflect hat which was read into the record by Ms. Main, Atty for Revolution Wind.
Mr. DeSisto recommended further language for the motion. Ms. Hall included it in her motion. Ms. Main made a clarification for the record.
Chair Coia made sure that all the language and clarifications were correct for the motion made by Ms. Hall and agreed upon by Revolution Wind.
Mr. Izzi seconded the motion. Chair Coia polled the Council:
Ms. Hall Yes
Mr. Gagnon Yes
Ms. Reynolds Abstain
Mr. Izzi Yes
Mr. Gomez Yes
Chair Coia Yes
Motion carried.
Mr. Willis stated that staff will draft a letter to BOEM, to NOAA and other parties on this concurrence by close of business this Friday.
8. ADJOURN
Motion to adjourn:
Motion: Mr. Izzi
Second: Mr. Gagnon
Motion to adjourn approved on a unanimous voice vote.
The meeting adjourned at 11:30 pm.
Minutes respectfully submitted,
Lisa A. Turner
Recording Secretary
* Meeting Transcript Available Upon Request
Meeting can be viewed at the CRMC YouTube channel
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