In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, June 27, 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
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Amy Silva, Spv Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
Cindy Tangney, Court Reporter
Rich Lucia

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:00 p.m.

2. Approval of the Minutes of the Previous Meeting

Chair Coia called for a motion regarding the minutes for the Tuesday, June 13, 2023 Semi-monthly Meeting.

Mr. Gomez asked that the Cove name be corrected from Cedar to Segar.

Motion: Ms. Reynolds motioned for minutes to be approved with correction.
Second: Mr. Gomez

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Chair Coia welcomed new Council member Joseph Russolino.

3. Subcommittee Reports

Subcommittee Reports – update Spring Avenue ROW matter Westerly.

4. Staff Reports

Mr. Willis updated the Council on the following:

• Welcome to Mr. Russolino and Kevin Flynn, new member, will attend next meeting
• Both members went through training for Council members.

5. Ratification of Revolution Wind’s Proposal to have BSC Group, Inc serve as the Third-Party Environmental Compliance Monitor/Third-Party Inspector for Onshore Construction

Mr. Willis and Mr. Skenyon each gave a brief summary to the Council explaining that the Third-Party Environmental Compliance Monitor/Third-Party Inspector for Onshore Construction chosen by Revolution Wind required ratification. CRMC staff reviewed the submittal and stated that the chosen person would match CRMC’s requirements.

Present for Revolution Wind was attorney Robin Main of Hinckley Allen, John Case of Eversource, Alison Milliman of the BSC group. Both Mr. Case and Ms. Milliman were sworn in and identified themselves for the record and gave their background information. Ms. Milliman explained the BSC Group’s environmental compliance oversight plan.

Ms. Main explained that under the Assent for the cable project the Council approved the certification verification liaison through the VHB group.

DG motioned for the ratification of BSC Group based on documents reviewed and provided by applicant. Mr. Izzi seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried.

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

2023-03-092 INTERSTATE NAVIGATION COMPANY -- Install a new 8 pile timber dolphin, 33 feet seaward of the existing fixed pier located between the two ferry berths and 3 feet landward of the boundary of the federal project (the 15-foot channel, basin and anchorage that lies within the confines of Old Harbor). Located at plat 6, lot 150; 150 Water Street, New Shoreham, RI.

Miscommunication with the applicant.
Mr. Izzi motioned to continue the application to the next available meeting.
Ms. Reynolds seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried.

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2022-10-022 RICHARD RUA -- Construct and maintain a residential Boating Facility totaling 91.85’ in length; consisting of a fixed pier to a ramp and float extending 75’ beyond Mean Low Water (MLW) and falling within 25’ of the property line extension to the north. This facility requires a Variance from “Red Book” (650-RICR-200-0-1) Section 1.3.1(D)(11)(l). Located at plat 15, lot 44; 315 Riverside Street, Portsmouth, RI.

Mr. Rua the applicant was present, sworn in and identified himself for the record.

Ms. Silva gave a brief accounting of the application explaining that the project met all CRMC regulations to be approved administratively but that it was before the Council due to an objection that was received. Ms. Silva stated that there were no staff objections to the application and deferred to the Council on the matter of the objection.

Mr. Rua addressed the Council stating that Ms. Silva had addressed all points of the project and awaited the Council’s decision.

Discussion of the Council on their responsibility regarding substantive objections, CRMC’s newly appointed Hearing Officer and the process of determining substantive objections.

Through a motion of Mr. Izzi, a second from Mr. Gomez and Council discussion on the objection submitted, it was determined through roll call vote that the objection was not substantive.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Mr. Izzi motioned that the application be approved based on staff report and presentation, application materials reviewed, and the applicant’s testimony. Mr. Gomez seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Application has been approved.

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2022-12-053 JAMES & CATHLEEN PHILLIP -- Construct and maintain a new residential boating facility consisting of a 4’ x 72’ fixed timber pier, 3’ x 20 aluminum gangway and 6’ x 21’ (126sf) terminal float. The facility will extend 75’ seaward of the cited MLW mark, requiring a 25’ length variance to Redbook 650-RICR-20-00-01 Section 1.3.1(D)(11)(l). Located at plat 82-4, lot 81; 117D Sherman Road, South Kingstown, RI.

James and Cathleen Phillip were present as well as engineer/consultant Josh Morrow – all were sworn in identified themselves for the record.

Ms. Silva gave a brief accounting of the application explaining that the project met all CRMC regulations to be approved administratively but that it was before the Council due to an objection that was received. Ms. Silva stated that there were no staff objections to the application and deferred to the Council on the matter of the objection. Ms. Silva explained that if approved, revised plans would be required with minor corrections. Ms. Silva explained that the objection was in regards to impacts on recreational use of the water body due to the proposed structure’s location and length. Ms. Silva stated that a staff stipulation was proposed that the dock be constructed using barge only so that no equipment be placed on the public accessway abutting the Phillip’s property.

Mr. Phillips agreed that construction would be done by barge and not by land.

Further discussion on neighborhood access site to water.

Ms. Hall asked about the plan that went to public notice. Ms. Silva stated that while the plan did need minor corrections, it would not change the project or location of the proposed facility.

John Wahlberg was sworn in and identified himself for the record. Mr. Wahlberg explained that his objection to the project is due to the possibility that the size and location of the dock would affect the nature of the community and block navigational passage in the cove which has a sand bar that makes it necessary to go around the cove to get to the pond.

Ms. Hall and Ms. Silva discussed CRMC regulations requiring 18” water depth at the terminus of the dock. Ms Silva stated that the 18” water depth was not required at all times. Mr. Lucia stated that there is 18” at the end of the float.

Ms. Silva also explained that the existing docks in the area are all grandfathered structures and the Phillips’ dock will need to meet current standards. Ms. Silva stated that if approved, the dock float would be required to have float stops.

Mr. Phillips addressed some of the concerns of the Wahlbergs and stated that the dock would be about 30’-40’ from the sandbar, that he has a 15’ whaler and that the activity in the cove is not busy.

Ms. Hall asked what water depth would be at 50’ length. Mr. Morrow stated it would only be 13” at mean low tide – corroborated by Mr. Lucia. Mr. Morrow stated that the dock needed to be 75’ long to meet the 18” water depth standard.

Mr. Gomez motioned that the objection was not substantive and based on staff report and presentation, and findings of fact. Mr. Izzi seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Application has been approved.

Mr. Izzi stated that based on testimony received and based on staff report, he motioned that the council approve the 25’ variance for floating dock as contained in the application subject to standard stipulation by staff, stipulation that all construction be from barge with no work done landward and that plans be corrected to satisfaction of staff. Mr. Gomez seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Application has been approved.

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2022-12-072 CEDARHURST CONDOMINIUM ASSOCIATION -- Buffer zone management consisting of removal of invasive vines and planting with native shrubs. Located at plat 141, lot 2; 132 Fishing Cove Road, North Kingstown, RI.

Carol Purdum, President of CHA Board, David Bashaw, CHA Board of Directors were present as well as Linda Steere, Applied BioSystems – All were sworn in and identified themselves for the record.

Ms. Silva presented to the Council stating that the application, which was reviewed administratively, proposed removal of honeysuckle within the viewshed of specific sections of the buffer zone. Ms. Silva stated that objections were received from members of the condominium association expressing concern that the work was not extensive enough. Ms. Silva stated that minutes from CHA Board meeting were obtained to verify notification to condominium owners of the project. Ms. Silva explained that CRMC would never authorize management of 100% of the buffer at one time, and that the most CRMC would authorize is 50%.

Ms. Silva explained that the objections received were not a CRMC regulatory matter and that it was an CHA concern. Ms. Silva stated that the application was present before the Council because of the objections but that many of the objections (not all) had been withdrawn.

Ms. Silva confirmed for the Council that CRMC staff visited the site and agree with the Invasives Manager, Linda Steere, in regard to the areas proposed for this phase of the project and that native shrubs will be planted in place of the honeysuckle.

Ms. Steere addressed the Council stating that the project would be done in phases due to financial constraints and that she chose 25% total of buffer and view corridors and marked shrubs so that every unit that had invasives would be addressed.

Ms. Purdum confirmed for Mr. Izzi that the Condominium Association is unincorporated.

No questions from Council

Mr. Izzi made a motion that the Council find that the objections to the application are not substantive and don’t meet standards of objection under rules and regulations of Redbook. Mr. Gagnon seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried.

Mr. Izzi made a motion that the application of Cedarhurst Condominium Association be approved based on staff report, staff presentation, testimony received and standards of the Redbook. Mr. Gomez seconded the motion.

Chair Coia polled the Council:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried.

8. ADJOURN

Motion to adjourn:
Motion: Mr. Gomez
Second: Mr. Izzi

Motion to adjourn approved on a unanimous voice vote.

Meeting adjourned at 8:15 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

**Transcript of meeting available upon request**

 

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