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

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Amy Silva, Spv Environmental Scientist
Anthony DeSisto, Legal Counsel
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 6:01 p.m.

2. Review/Action of the Minutes of the Previous Meeting – January 23, 2024

Chair Coia called for a motion regarding the minutes for the Tuesday, January 23, 2024 Semi-monthly Meeting.

Motion: Mr. Gagnon
Second: Ms. Reynolds
Motion carried on unanimous vote.

3. Subcommittee Reports

None were heard.

4. Staff Reports

Mr. Willis reported to the Council:

• Frequently asked questions (FAQ) pamphlet that was created by Laura Dwyer, CRMC’s Public Educator and Information Coordinator and Emily Hall, CRMC’s Coastal Geologist.
• NOAA applied for a grant for the removal of Marine Debris which will allow for the removal of derelict creosote pilings on either side of Point Street Bridge.
• CRMC meeting with Towns of Coastal RI to talk about shoreline lateral so citizens can understand their constitutional rights to the shore.
• Will be going to State House and explain to Legislature on May 9th at 3:00 to present on Shoreline Access Bill as well as coastal erosion issues as of our recent storms; also to give a more of comprehensive look at to how CRMC is handling public access.
• Finding ways to better initiate communication with the fishing community because, at this time, there is no Fishermen’s Advisory Board.

5. Applications requesting Extension to CRMC Assent:

2013-10-012 I-195 REDEVELOPMENT DISTRICT COMMISSION – Request for 10 year extension of the CRMC Assent to implement the I-195 Redevelopment District Commission Stormwater Master Plan.

• Mr. Lucia presented to the Council regarding the extension request:
• They received a 10-year assent that expires on July 1, 2025.
• There are 14 parcels remaining to be developed.
• Stipulation 8 of Assent stated that an extension could be applied for.
• There are no substantive CRMC regulation changes since the issuance of the assent.
• Staff has no objection to the 10-year extension.
• RIDEM has issued a Water Quality Certificate extension.
• If approved by the Council, the extension would be for another 10 years from 07-01-2025.

Patrick Dowling with Fuss and O’Neill and Charles Rogers, Esq. from Locke Lord, both representing the I-195 Redevelopment District Commission addressed the Council stating that they were there to answer questions, if there were any.

There were No questions from the Council and no one present to speak for or against the request for extension.

Mr. Russolino motioned for approve a 10-year extension. Seconded by Ms. Reynolds and Mr. Gagnon.

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion carried on unanimous roll call vote.

6. Applications before the Council for Public Hearing and Action regarding Special Exception:

2023-06-125 CITY OF EAST PROVIDENCE -- Repair and add protection to the existing eroded bluff located at 0 Booth Avenue. Work includes installing geotextile reinforced mechanically stabilized earth slope (MSE) with slope dimensions of 2:1 (horizontal to vertical). The MSE slope will present a natural slope (i.e. no manmade structure will be visible). The design allows for implementing native vegetation combined with coir logs, jute mat reinforcement, which will satisfy slope stability requirements. This will restore the toe of the slope to its approximate historic position and will provide the desired protection for Booth Avenue and its utilities.

A riprap sill (a constructed marsh with an artificial sill to reduce potential future erosion) will be installed to provide erosion protection and additional habitat for marine fauna. Other features include an infiltrating Best Management Practice (BMP) for stormwater management and the installation of a “pocket” park. Located at plat 13, lot 9; Booth Avenue, East Providence, RI.

Mr. Lucia presented to the Council:

• The bluff to be maintained, which is in critical condition, runs along Bluff Avenue with residential properties in the area.
• The project requires a Special Exception by the for the construction of the shoreline protection along a Type 1shoreline per RICMRP 1.3.1.G.3(a) (Shoreline Protection, Prohibitions).
• A pocket park will provide access point and picnic tables.

Present for the application were Erik Skadberg, City of East Providence; and, Derick Hopkins, PE, Senior Project Manager of Wright Pierce – both were sworn in an identified themselves for the record.

Mr. Skadberg addressed the Council stating tha the project was a very important project for the City and that the bluff was in need of maintenance to protect the public utilities that are located in the area.

There was no one present to speak in favor or in opposition to Special Exception.

Mr. Gagnon motioned for approval of the Special Exception based on the staff report, testimony of staff and applicant and the materials submitted for the application. Second by Mr. Gomez

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion for approval of the Special Exception carried on unanimous roll call vote.

Mr. Izzi motioned for approval of the application based on the testimony of staff and applicant and the application materials submitted. Second by Ms. Reynolds.

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Motion for approval of the Application carried on unanimous roll call vote.

7. Applications that have been sent to Public Notice and are before the Council for Review and Action

2021-05-075 SUSAN LaCHAPELLE ROPOLO – Construct and maintain a residential boating facility in an area of submerged aquatic vegetation consisting of a 4ft x 58.3ft fixed pier, 4ft x 20ft terminal L and a 1200lb tender lift. The facility is proposed to terminate at -5 water, in accordance with 1.3.1(R)(3)(e)(2). Variance is required from CRMP Section 1.3.1.D(11)(k) (facility is located within 25ft of the property line extension). Located at plat 12, lot 73; 80 Washington Street, Newport, RI.

Ms. Reynolds abstained from the application.

Ms. Silva presented to the Council:

• The proposed project was for a residential boating facility in Type 3 waters, classified as high intensity boating.
• There are large mooring areas and many docks along the shoreline, as well as vegetation and eelgrass.
• Dock application revised from initial submittal to meet the -5’water depth required by the SAV regulations.
• One variance is required for the side setback variance along the southern boundary as the dock is proposed to be located 11 to 13 feet from the southern property line.
• Several comments were received during Public Notice concerning the impacts of the facility to the CRMC designated ROW (Z-12) along Walnut Street to the south of the subject property.
• Staff believes that the concerns raised by the comments received do not meet the criteria for substantive objections.
• Staff has no objections to the approval of the application and defers to the Council on the decision of substantive objection.
• If approved by the Council, standard dock stipulations will be prepared.

Ms. Silva stated that docks over SAV are required to be touch and go facilities but dock will also have a tender lift.

Ms. Silva stated that the SAV is very dense across the property and that the dock was designed as a Burdick and Short with a fixed terminus instead of a float. Ms. Silva stated that the location would minimize the impact to the area of SAV.

Attorney Christopher McNally and Tyler Ropolo were present.

Mr. McNally presented to the Council:

• Application has been in the works for many years.
• There were three separate Public hearings in front of the Newport City Waterfront Council
• Newport City Council had no objection to the dock
• The applicant worked closely with CRMC and strived to find best location for dock

Chair Coia stated that the applicant did take into consideration the objections and comments from staff and changed dock based on those concerns.

No comments or questions from Council

Mr. Gomez motioned for the approval of the application based on the findings of fact, materials presented, materials reviewed in the application and the fact that the applicant followed staff guidance. Mr. Gomez confirmed that the motion included the approval of property line extension variance. Second my Mr. Izzi.

No discussion

Roll call vote by Chair Coia:
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Abstain
Chair Coia Aye

Motion for approval of the Application carried on unanimous roll call vote.

7. ADJOURN

Motion to adjourn:

Motion: Ms. Reynolds
Second: Mr. Russolino

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned 6:40 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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