In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, January 9, 2024 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
Patricia Reynolds
Catherine Robinson Hall
Stephen Izzi
Kevin Flynn
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Amy Silva, Spv Environmental Scientist
Bruce Lofgren, Coastal Policy Analyst
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary
Ryan Moore, IT
Cynthia Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:05 p.m.

2. Review/Action of the Minutes of the Previous Meeting – December 12, 2023

Chair Coia called for a motion regarding the minutes for the Tuesday, December 12, 2023 Semi-monthly Meeting.

Motion: Mr. Russolino
Second: Mr. Flynn
Motion carried on unanimous vote.

3. Subcommittee Reports

None.

4. Staff Reports

Mr. Willis updated the Council on the following:

• Green Bond Money for dredging Providence River inside the hurricane barrier;
• CRMC and RIDEM partnering with URI for an updated StormTools project adding inland flooding to the
  program to show how coastal storm and inland flooding interact;
• CRMC Education Series – Shoreline Lateral Access Act; Quahog Commission.

5. Applications that have been out for Public Notice and are before the Full Council for Review and Action:

2023-06-072 BRETT & JUDY CICCHESE – Construct and maintain a residential boating facility consisting of a 4’ x 32’ fixed timber pier, 4’ x 18’ ramp and 5’ x 20 (100sf) terminal float. The facility is to extend 50 ‘seaward of the cited MLW mark per the submitted plans. Located at plat 87-4, lot 40; 59 Cove Street, South Kingstown, RI.

Brett Cicchese, Applicant and Warren Hall, Consultant, present
Ms. Silva presented to the Council for this application addressing first two corrections on the staff report. Ms. Silva stated that the recommendation should be Defer for Variances and that the variance required was 6’ and that the dock would be 19’ from the property sideline.

Ms. Silva explained that the property had received an assent for a residential dwelling and that the assent had buffer zone requirements which are out of compliance at this time but that it was all addressed within this application and would be attended to by the property owner in coordination with CRMC staff.

Ms. Silva also stated that a 26’ variance was requested due to proximity to a South Kingstown mooring field. The Town of South Kingstown had signed off on the setback variance.

Ms. Silva explained how property line setback requirements can be handled: letter of no objection from the abutting neighbor or requesting a variance from the Council if there is no response from the abutting neighbor. In this case, the southern abutter did not respond, requiring Council approval of variance.

Ms. Hall asked if there was any prohibition of processing assent when noncompliance on property. Ms. Silva stated that in many cases CRMC will not issue an assent if there is evidence of noncompliance on the property; however, if the Council approved the application, the Assent will resolve the noncompliance.

Brett Cicchese and Warren Hall were both sworn in and stated their name for the record.

Mr. Cicchese gave a brief accounting of the non-compliance and explained that he and Tracy Silvia, CRMC Environmental Scientist, had worked to bring the property into compliance with this application.

Mr. Cicchese also stated that he stopped mowing the abutters property.

Ms. Reynolds pointed out that the plan had a draft stamp on it which needed to be removed.

No further questions from Council to applicant

Warren Hall does not have anything further to add nor does Mr. Cicchese.

Mr. Gomez motioned for approval of the application based on the Findings of Fact, the CRMC staff report, and the nature of the variances which would not support a precedent, as well as with the inclusion of the staff stipulations and CRMC standard stipulations. Mr. Izzi seconded the motion.

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

Motion carried on an unanimous roll call vote.

6. Proposed Rulemaking before the Council for Review and Action:

Management Procedures (650-RICR-10-00-1) -- Amend § 1.1.4.15 to reference the administrative penalty matrix guidance for violations of the Rhode Island Coastal Resources Management Program within the state of the Rhode Island.

While it was understood that the Administrative Penalty Matric guidance document was vetted through the Planning and Procedures Subcommittee
After much discussion regarding the transparency and clarity of the definitions of the penalty matrix in factoring fines, it was decided to continue the review to allow CRMC staff to address the concerns of the Council that were brought to light.

Mr. Gomez motioned to continue the review to allow staff to address the concerns brought to light by the Council. Mr. Izzi seconded the motion.

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

Motion carried on an unanimous roll call vote.

7. ADJOURN

Motion to adjourn:

Motion: Mr. Gomez
Second: Mr. Russolino

Motion to adjourn approved on a unanimous voice vote. The meeting was adjourned 7:12 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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