In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, September 12, 2023 at 6:00 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM Don Gomez
Stephen Izzi
Catherine Robinson Hall
Kevin Flynn

Excused
Patricia Reynolds
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
Ryan Moore, IT

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, August 22, 2023 Semi-monthly Meeting.

Motion: Mr. Gagnon
Second: Mr. Flynn

Mr. Gomez stated that while he was not present at the 8/22/2023 meeting, he did read the minutes. Motion to approve the minutes of the August 22, 2023 was carried on an unanimous voice vote.

3. Subcommittee Reports

None were heard.

4. Staff Reports

Mr. Willis updated the Council on the following:

• Shoreline Lateral Access Act Walk on Friday September 22, 2023, at 5:00 p.m. in Charlestown.
• Sunrise Federal Consistency CRMC’s Recommendation of Conditional Concurrence was issued to NOA and BOEM and all parties that subscribed to that notification.
• Fishermen’s Advisory Board, which is an advisory board to the CRMC, have resigned in large part because they do not believe their voice is heard. We as staff have been in constant contact with federal partners and have gotten a lot of feedback on how our federal consistency requirements and the resignation of the FAB does not stop our Federal Consistency review process. Bringing recommendations to Council NE Wind and
• New England Wind and South Coast Wind Federal Consistency recommendations will be brought to the Council soon.

5. 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.

Mr. Lucia gave brief overview of the application to the Council explaining that the Category B application was for a new dolphins in tidal waters to improve efficiency, safety, reduction of the use of engines while landing and will also reduce disturbance to the bottom. Mr. Lucia stated that the application meets the policy and goals of Type 5 waters as determined by the RI Redbook. Mr. Lucia stated that if approved the assent would contain standard stipulations and that staff has no objections to the project.

No questions of Council to Staff.

Present for the applicant as well as being sworn in and identifying themselves for the record were:

• Gus Kreuzkamp
• Joshua Linda
• Christian Myers, Port Captain

Mr. Kreuzkamp addressed the Council and stated that Mr. Lucia has given an accurate project overview and had nothing more to add.

No questions of applicant by Council.

Mr. Gomez motioned to approve the application based on presentation by staff, findings of staff, as well as no objections observed in staff report or from the public.

Mr. Gagnon seconded the motion.

No Council discussion.

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

Motion carried on a unanimous vote.

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2023-01-019 EAST MEADOW LLC -- A residential boating facility consisting of a 4’ x 120’ fixed timber pier, 3’ x 18’ access ramp and 8’ x 18.75’ terminal float. The facility is proposed to extend ~90’ seaward of the cited MLW mark, as measured from the inland cited MLW mark on the western side of the existing sandbar. The structure is proposed to extend ~33’ seaward of the outer cited MLW mark on the eastern side of the existing sandbar. Located at plat 88-4, lot 6; 1391 Succotash Road, South Kingstown, RI.

Mr. Willis informed the Council that there was a continuance request received that the application would be back before them on Tuesday, September 26 or shortly thereafter. Mr. Willis explained that the continuance request came from an abutting neighbor who had asked for time to employ legal counsel due to potential impact to their property.

Mr. Flynn motioned for the continuance of the application with a second from Mr. Gomez.

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

The matter was continued.

6. Application before the Council for De Novo Review in accordance with Remand Order from the Rhode Island Superior Court:

2017-05-006 EDWARD TROIANO – One half acre (0.5 acre) oyster aquaculture site using submerged longline system. Located in Nayatt Point of upper Narragansett Bay, Barrington, RI.

Applicant Edward Troiano and Attorney Mary Shekarchi were present.

Attorney Hartman updated the Council as to the posture of the Council’s review stating that the application had come before the Council in February of 2018, had a full hearing which ended with a 4-4 tie vote. Mr. Hartman explained that CRMC regulations stated that a tie vote lends to a denial of the application. Mr. Hartman explained that Mr. Troiano appealed the Council denial vote in Superior Court and that Superior Court remanded the application back to the Council for them to review de novo with the reasoning that supplemental materials were not reviewed by the Council and that the applicant was not able to cross-examine the objectors.

Mr. Willis confirmed that the information before the Council was the same as was in 2018 with no new information added.

Mr. Goetsch, CRMC’s Aquaculture Coordinator, was available if the Council had questions.

Council Questions:

Ms. Hall expressed concern that there was no new information submitted and no additional staff review and asked if the conditions at the site had remained the same relative to the initial staff expertise and review. Mr. Goetsch stated that staff had not visited the site since Mr. Beutel’s initial review, but that it was possible that there had been changes to the site. Ms. Hall asked Mr. Goetsch about the Shellfish survey done in 2017 and if he thought changes were likely in terms of shellfish abundance (more or less). Mr. Goetsch stated that there was a possibility that the shellfish population within the area could have changed. Ms. Hall asked if the shellfish survey had changed the staff’s opinion. Mr. Goetsch stated that the shellfish survey is not regulated and there is no regulation on density; that the shellfish survey is historical in nature and used by the Marine Fisheries Council’s Shellfish Advisory Panel review. CRMC is required to consider the Marine Fisheries Council advisory determination.

Mr. Gomez asked Mr. Hartmann what the Council’s review entailed.

Mr. Hartmann stated that the Council should review the application de novo as it was submitted in 2017 and with the information the Council saw in 2018.

Mr. Gomez asked if vegetation was found in the area at that time.

Mr. Goetsch stated that there was no submerged aquatic vegetation found at the previous shellfish survey and that this area has never shown vegetation during any eelgrass survey done in this area.

Mr. Gomez asked for the staff stipulations recommended in the initial staff review. Mr. Goetsch stated that four stipulations that were recommended:

• No expansion would be allowed for this site;
• Gear should be at least 1.5.feet below MLW due to winter tides;

RIDEM Water Resources stipulations to be included in the permit as per Mr. Beutel:

• As the site was located in Area A – there would be a 7-day closure if received a 1.5” rainfall within 24 hours and that the site shall not be visited during the 7-day closure.

Mr. Gomez asked about winter use of the shore. Mr. Goetsch stated that this would be a year round operation.

Mr. Gomez asked if Mr. Goetsch would recommend approval of this.

Mr. Goetsch stated that in abundance of caution he would highlight Mr. Beutel’s recommendation, recommended approval with the acknowledgement of the objector’s logic.

Ms. Hall pointed out that the Superior Court remand refers to the CRMC and the Council interchangeably, as does our regulations, and asked for clarification from Mr. Hartmann if he was advising the Council to look at the 2018 application without applying current rules and regulations. Mr. Hartmann stated that it is typical that a remand is reviewed as it was before the Council when it came before the Council and that the court remand is to provide the applicant with the opportunity to question the objectors and provide the Council to review the supplemental materials. Mr. Hall advised that the Council can consider the testimony of the objectors and applicant but using the 2018 materials.

Mr. Flynn talked about the density of the quahogs mentioned in 2017 staff report; acknowledged that within the past six years the quahog density could have changed and asked how that current information that they may hear about is integrated with a record that goes back to 2017.

Mr. Izzi stated that the CRMC is required to follow the mandate of the Superior Court, which is a de novo hearing, meaning that the Council was to hear the case as it should have in 2018.

Further discussion on direction of Superior Court Remand.

Chair Coia asked Ms. Shekarchi if she had anything to add to the discussion on the Superior Court Remand. Ms. Shekarchi stated that she agreed with the direction to the Council from Mr. Hartmann.

Edward Troiano was sworn in and identified himself for the record.

Mr. Goetsch read the four stipulations for the record:

No further expansion of aquaculture farm

Equipment must remain 1.5’ below MLW

RIDEM Water Resources stipulation on water closure;

$10,000 performance bond must be secured during the entirety of his lease; and,

Winter working hours as per RIDEM Fish and Wildlife.

Ms. Shekarchi stated for the record that the additional stipulations were also acceptable.

Chair Coia opened the Public Hearing asking if anyone was in attendance to speak in favor of the application. There were none.

Chair Coia asked if anyone was in attendance to speak in opposition of the application. There were several.

Michael Allan McGiveney was sworn in and identified himself for the record.

Mr. McGiveney, President of the RI Shellfish Association addressed the Council and stated that they had been working on regulations for shellfish industry since 1980s and they had reviewed every aquaculture lease that has gone forward through Shellfish Advisory Panel, as well as working with the CRMC on mapping for aquaculture. Mr. McGiveney talked about the abundance of clams north of this lease and stated that the area was historically critical to shellfishing.

Mr. McGiveney talked about other applications that the Panel had reviewed and agreed to or not agreed to.

Ms. Shekarchi objected to Mr. McGiveney’s statement of Narragansett aquaculture site based on not pertaining to this application.

Mr. McGiveney talked about the monetary value of a .5-acre farm.

Ms. Shekarchi objected to the statement as value is not a part of the standard.

Ms. Shekarchi had no questions for Mr. McGiveney.

David Gighliotti was sworn in and identified himself for the record.

Mr. Gighliotti stated he was a lifelong fisherman from the 1980’s and was a member of the Shellfish Advisory Panel for RI. Mr. Gighliotti stated that he was against the application because it would interfere with the nomadic tendencies of fishermen who go where they can to make a days pay. Mr. Gighliotti stated he was concern this application would set a precedent for more applications in this area. Mr. Gighliotti stated that he was also a conk fisherman and that he would set gear through proposed area because of the water depth. Mr. Gighliotti stated that Area A is the most productive in the upper bay. Mr. Gighliotti stated that the size of the lease proposed would not make a difference in water quality in this area.

Ms. Shekarchi objected to Mr. Gighliotti’s statement about why Mr. Troiano didn’t go to another area for his lease -- irrelevance. Chair Coia answered Mr. Gighliotti’s statement that other experts in shellfishing pointed Mr. Troiano to this area.

Mr. Gighliotti stated that the surveys were possible skewed because a bullrake is pulled differently by a layperson than it would be by a commercial fisherman and the resulting shellfish quantity would be different.

Mr. Gomez asked if conk fishing existed in that area in 2017. Mr. Gighliotti stated that it was and the area was used on a regular basis. Mr. Gighliotti stated that the horseshoe crabs lay their eggs in this area and the conk go after the eggs.

Ms. Shekarchi does not have any questions for Mr. Gighliotti.

Mr. Flynn asked CRMC Staff about the Bay SAMP that has been discussed and when it would be available and if a moratorium would be feasible until Bay SAMP ready. Mr. Willis stated that due to staffing and financial issues, the Bay SAMP was bifurcated due to the wind cable route in the Sakonnet and the money set aside for the completion of the Bay SAMP was depleted. Mr. Willis stated that the CRMC does not see enough aquaculture applications in this area to suggest the need for a moratorium.

Alex Caracuzzo was sworn in and identified himself for the record.

Mr. Caracuzzo of 254 Nayatt Road in Barrington which is very close to applicant aquaculture site. Mr. Caracuzzo explains his history of recreational fishing. Mr. Caracuzzo explained that he and his wife frequently go shore fishing in that area all the time – within 15 minutes he can rake 3-4 dozen clams. Mr. Gighliotti stated that as you move towards the applicants site, the quahogs get smaller and denser. He shore rakes areas 2-3, 2-2 and 2-1, and these areas have an abundance of shellfish as well as seed.

Ms. Shekarchi has no questions for Mr. Caracuzzo.

Having no further public comment, Chair Coia closed the public hearing.

Ms. Shekarchi asked Mr. Troiano to talk about the density of the quahogs in the area and the density study conducted by RIDEM of area 2-2.

Mr. Troiano stated that the RIDEM Density study done in 2022 of site 2-2 showed less than 1 quahog per square meter. Mr. Troiano used RIDEM map (presented to the Fishermen’s Advisory Panel) to show areas that the previous testimonies. Mr. Troiano informed the Council that the area that was being discussed by the public commentors, was different than the area that he was proposing for his .5-acre site which is 600 feet off shore.

Mr. Troiano stated that he would remove his gear in the winter from December 1 to March 15.

No further questions of applicant by the Council

Mr. Gomez began Council deliberation by stating that he was conflicted on this case but that because the of the recommendation from previous Aquaculture Coordinator Dave Beutel, the restrictive stipulations from the staff report, the removal of the gear in the winter – he would motion for the approval of this oyster farm application as shown in the previous meeting with stipulations and with added stipulation that gear will be removed in the winter. Mr. Izzi seconded the motion clarifying that the final stipulation would have equipment removed from site between December 1 to March 15.

Ms. Hall expressed concern regarding several aspects of the hearing such as lay members of the public subjected to objections by an attorney; a non-attorney member of the Council weighed in on the objection; members of the public without representation were unable to rebut any objection or counter the objection; the Council, under Legal Counsel’s advice held this hearing, and under the guidance of the superior court, as a contested case. Ms. Hall expressed concern that the Council heard the application which was characterized as a contested case by the Court, and should have gone to the Administrative Hearing Officer set up by the legislature. Ms. Hall stated that many aspects of the hearing created a lack of clarity in the record.

Mr. Hartmann stated that the Council’s authority on this matter is under the Management Procedures stating that the hearing can be before a subcommittee or this committee as a whole as it were in 2018.

Discussion regarding contested hearing of this case.

Mr. Gomez asked if new stipulations could be added. Mr. Hartmann confirmed that a new stipulation could be added.

Mr. Gagnon stated that as one of the members of the original hearing and voted no, the testimony given did not change his mind still think significant complications with commercial fishery – still in position to not support it.

Chair Coia polled the Council:
Ms. Hall No
Mr. Gagnon No
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye

Motion to approve the application passed with a vote of 4 in favor and 2 against.

7. ADJOURN

Motion to adjourn:

Motion: Mr. Gomez
Second: Mr. Coia

Motion to adjourn approved on a unanimous voice vote.

Meeting adjourned 10:30 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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