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, September 26, 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
Joseph Russolino
Excused
Patricia Reynolds
Kevin Flynn
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Justin Skenyon, Ocean Engineer
Tracy Silvia, Prin Environmental Scientist Benjamin Goetsch, Aquaculture Coordinator
Anthony DeSisto, Legal Counsel
Mark Hartman, Asst Legal Counsel
Lisa Turner, Office Manager, Recording Secretary
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, September 12, 2023 Semi-monthly Meeting.
Motion: Mr. Gagnon
Second: Ms. Hall
Motion carried on unanimous vote.
3. Subcommittee Reports
Mr. Willis updated the Council on the following:
4. Staff Reports
Mr. Willis updated the Council on the following:
5. Ratification of Third-Party Environmental Inspector: 2021-06-029 Revolution Wind, LLC
Mr. Willis briefed the Council regarding the Category B Assent requirement of hiring an Environmental Compliance Monitor. Mr. Willis stated that Revolution Wind had demonstrated that they had found qualified professionals for the purpose and that CRMC staff recommended ratification by the Council.
Robin Main, Attorney with Hinckley Allen, and Counsel to Revolution Wind addressed the Council explaining that they had provided documentation for Lindsay Colburn and Melissa Pierce of the firm Environmental Resources Management (ERM).
Ms. Colburn and Ms. Pierce were both sworn in and identified themselves for the record and gave brief presentations on their responsibilities as Environmental Monitors explaining that Ms. Pierce would be the eyes and ears working with Revolution Wind on permit compliance. Ms. Colburn stated that necessary reports would be provided to CRMC.
Adrian Ross Pearsall of Orsted introduced the fisheries monitor Maxwel Hall, an established Fisherman in Rhode Island who was well known within the fishing industry.
Ms. Hall motioned based on staff recommendation and ERM’s presentation to ratify the appointment of proposed environmental experts. Mr. Gomez seconded the motion.
Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
6. Applications that have been Out to Public Notice before the Council for Review and Action:
2023-01-019 EAST MEADOW LLC – Construct and maintain 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.
Ms. Silvia gave a brief presentation to the Council providing initial background information on the applicant’s preliminary determination process in which the proposed project was adjusted to meet CRMC regulations. Ms. Silvia stated that the proposed structure meets the channel setback, received ACOE permit and was consistent with other docks in the area. Ms. Silvia stated that an objection was received from an abutter and that CRMC staff concurred with objection responses from the applicant’s attorney, Kelly Fracassa.
Ms. Silvia stated that there was no technical reason why this dock should not be permitted and confirmed for Ms. Hall that, in her opinion, the objector did not present evidence for substantive objection.
Attorney Kelly Fracassa was present to represent the applicant, Paul Hooper.
Mr. Hooper was sworn in and identified himself for the record.
Through Attorney Fracassa, Mr. Hooper provided testimony that the position of his dock would not provide a navigational hardship on the neighboring dock owned by the Keeton family.
Mark Dowdell, Engineer for the applicant, sworn in and identified himself for the record.
Through Attorney Fracassa, Mr. Dowdell provided testimony that the applicant has minimized the variances of the dock but still provided the length required for the float to be out toward the channel. Mr. Dowdell stated that the Hooper dock would be approximately 60 feet from the Keeton dock.
Mr. Gomez asked if the harbormaster had been contacted. Mr. Hooper stated that the application had been before the Town’s Harbor Commission and that the Harbormaster had confirmed that there would be not navigational issues with the addition of this facility.
Ms. Silvia confirmed for Mr. Gomez that there was 5’ clearance under facility at MHW for lateral access.
Mr. Fracassa had no further questions.
Attorney Jeffrey Garabedian was present on behalf of Shirley Keeton Trust.
Mr. Garabedian stated that the abutter, Shirley Keeton, did not object to a dock being built but did object to the location of the dock as the dock would cross their property lines directly in front of their property.
Richard Pastore was sworn in and identified himself for the record as a registered PE in the state of Rhode Island. Mr. Pastore testified that there would be 63’ between the two docks and that with heavy winds and bad current there could be an issue docking a boat. Mr. Pastore suggested that with the dock staying in front of the Hooper property and extending the dock, they would stay away from abutter’s property line extension and there would be no issue with the sand bar located in from of the Hooper property.
Mr. Garabedian confirmed for Mr. Gomez that if the abutter would remove their objection if the applicant would accept the suggested project changes.
Mr. Willis explained that CRMC policies are to minimize the use of the resource to the minimum necessary as well as trying to minimize the variance requested.
Ms. Silvia stated that the changes proposed would require sign-offs from both abutting property owners, crossing of a heavily used sandbar and an increased length variance. Ms. Silvia stated that she did not see a significant impact to either designs but that variance criteria would need to be met.
Mr. Gagnon asked if abutter would remove objection if the dock was moved 10’ further away from client’s dock. Mr. Pastore stated that the proposed dock would still encroach on client riparian areas and could be viewed as a takings.
Mr. DeSisto addressed the term “takings” stating that its use was misplaced in this situation. Mr. Pastore stated that the dock as proposed would interfere with his client’s riparian rights.
Mr. Willis stated that riparian rights were determined by the court not by the agency. Mr. Willis stated that as there are no recognized channels in this area, riparian rights are not established here.
In a closing statement, Mr. Fracassa expresses concern about the discussion of modifying his client’s proposed dock. Mr. Fracassa spoke to his client’s right to wharf out from his property as the Keeton’s have successfully done from their property.
There were no further questions for Ms. Silvia or Mr. Willis.
Mr. Gomez motioned, based on the findings of fact and the effort by CRMC to best comply with the CRMP, that the application be approved with noted standard stipulations. Ms. Hall seconded the motion.
Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2022-06-136 POINT BREAK REALTY, LLC - Construct and maintain a new residential boating facility consisting of an upland ramp, a 4’ x 62’ fixed timber pier, a 3’ x 18’ access ramp, 4’ x 4’ access/landing float and an 8’ x 18.75’ (150sf) terminal float. The facility will extend ~39’ seaward of the cited MLW mark and requires a 25’ Property Line Extension variance (100%) to the east (Water St) and west (AP 93-1, Lot 63) per Redbook 650-RICR-20-0-01 Section 1.3.1(D)(11)(k). Located at plat 93- 1, lot 67; 20 Water Street, South Kingstown, RI.
Ms. Silvia gave a brief explanation of the application to the Council stating that the proposed dock was a standard pier, ramp and float in the Matunuck area of Potter Pond. Ms. Silvia stated that staff had worked with the applicant so that there was no wetland crossing. Ms. Silvia stated that the biggest issue was an objection from the Town for excessive length of the dock and due to an unrecognized public access area to the east of the proposed dock. Ms. Silvia stated that she did not agree with the length issue.
Ms. Silvia stated that no other comments were received, sign-offs were received from abutters on the eastern side and two on the northern side. Ms. Silvia stated that there was no sign-off from the western abutter which required a variance to which Ms. Silvia had no objection to.
Chair Coia asked if there was any documented evidence for the existence of a ROW at this location.
Mr. Willis stated that the Town was asked about their position on this matter. The Town is aware of the history of use and they have asked the CRMC ROW Subcommittee to research. Mr. Willis stated that no evidence has been given nor has the CRMC conducted an evidentiary hearing process as of yet.
Ms. Hall asked Ms. Silvia, based on evidence we have of public use, would staff consider that evidence to indicate that there is a potential adverse impact to public use. Ms. Silvia stated that the proposed dock was designed to allow for public use of the area.
Mr. DeSisto asked if the Town of South Kingstown was asserting the interest of the ROW. Ms. Silvia stated that the Town’s position was that they recognize the historic use of the area.
Mr. DeSisto stated that there was a case for prescriptive easement.
Mr. Willis stated that the road was a private road and not maintained by the Town.
Present for the applicant:
Matthew Landry, Attorney
Kevin Finnegan, Applicant
Russ Morgan, Engineer
Mr. Landry addressed the public access issue by first stating that Water Street was recognized through official town records as a private roadway.
Mr. DeSisto stated that members of the public have prescriptive rights which ties to 1.1.6 as to whether or not there is a significant impact. Ms. Silvia stated that the evidence was not quite there for significant public use.
Ms. Hall asked for clarification on Ms. Silvia’s previous statement of consistent historic public use.
Mr. DeSisto stated that the public has certain rights to traverse over the strip of land but the question is, will there be significant impact to public use?
Mr. Gomez asked Ms. Silvia if she believed that the public or private use of the area would still be accessible with the presence of the dock. Ms. Silvia stated she felt the dock would not deter the use of ROW.
Mr. Landry addressed the Council stating that the Town’s objection is based on future use and that the dock was designed in concert with staff to make sure that they use of the area was respected and acknowledged.
Russell Morgan was sworn in and identified himself for the record.
Mr. Morgan testified that he worked with staff after application was submitted to redesign the proposed dock to wrap around the existing wetland while keeping a safe distance of existing dock to the west and not blocking the use of the area at the end of Water Street.
Mr. Morgan testified that the proposed dock meets the design and goals of CRMP.
Mr. Morgan showed the Council a copy of the Plan to show the characteristics of design and shows that the area provide use for foot traffic, paddle boarding and kayaks.
Mr. Morgan testified that the dock as it is designed would not inhibit use of the area.
In answer to Mr. Gagnon, Mr. Landry stated that there was no parking on Water Street as all of the abutting property was private land use.
No one was present in favor or against the application.
Mr. Gomez motioned for the approval of application, based on findings of fact, discussion and clarification on water street issues and town issues, and the fact that it appears that the dock is over part of Water Street extension but under water and would not inhibit use. Mr. Izzi seconded the motion.
No discussion from the council.
Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried on unanimous roll call vote.
2020-05-083 ANDREW VAN HEMELRIJCK -- Two Aquaculture farm sites (one primary 0.55-acre site and a 0.05-acre winter storage site) for the cultivation of oysters and quahogs using submerged gear in Point Judith Pond, Narragansett, RI.
Chair Coia stated that during the break discussions were held and asked Mr. DeSisto to explain.
Mr. DeSisto stated that the two attorneys were present; Attorney Maureen Hobson who was in mediation with the applicant and Attorney Fay, whose client’s did not receive notice of the application.
Mr. DeSisto stated that through mediation concessions were made by Mr. Van Hemelrijck and that Ms. Hobson’s group was ok with the concessions.
Mr. DeSisto explained that there was an objection from Mr. Fay’s clients as they have not had the opportunity to see the concessions.
Mr. DeSisto recommended to the Council to continue the application to the October 24th Semimonthly meeting.
Mr. Gomez motioned to continue the application based on the recommendations of Attorney DeSisto. Mr. Russolino seconded the motion.
Chair Coia polled the Council:
Mr. Russolino Aye
Ms. Hall Aye
Mr. Gagnon Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion to continue carried on unanimous roll call vote.
7. ADJOURN
Motion to adjourn:
Motion: Mr. Izzi
Second: Mr. Russolino
Motion to adjourn approved on a unanimous voice vote. Meeting adjourned 8:00 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
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