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, August 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
Patricia Reynolds
Stephen Izzi
Kevin Flynn
Joseph Russolino
Patricia Reynolds
Donald Gomez
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Richard Lucia, Environmental Engineer IV
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Lisa Turner, Recording Secretary
Cynthia Tangney, Court Reporter
1. CALL TO ORDER
Chair Coia called the meeting to order at 6:00 p.m.
2. Review/Action of the Minutes of the Previous Meeting – Tuesday, July 23, 2024
Chair Coia called for a motion regarding the minutes for the Tuesday, July 23, 2024 Semi-monthly Meeting.
Motion: Mr. Russolino
Second: Mr. Izzi
Motion carried on unanimous vote.
3. Subcommittee Reports
Mr. Willis updated the Council:
4. Staff Reports
Mr. Willis reported to the Council:
5. Applications Requesting Modification before the Council for Review and Action:
2021-09-093 WILLIAM and NANCY GILBANE – Modification of an approved, but not constructed (no Assent has been issued), residential boating facility to include removal of the permitted 12’x12’ boat lift and reduction of the permitted 4’x 64’ fixed pier to a proposed 4’ x 50’ fixed pier, approximately 14’ shorter than the permitted structure. Located at 1159 Succotash Rd; Narragansett: Plat(s): I-J; Lot(s): 64-2
1976-04-013 DOUGLAS G. MANCOSH REVOCABLE TRUST -- As-built authorization of commercial pier configuration and establishment of a Structural Perimeter Limit (SPL). Located At plat I-J, lot 64-1; 1161 Succotash Road, Narragansett, RI.
1994-09-044 BENJAMIN & KAREN WALKER -- Modify an existing Marina Perimeter Limit (MPL) by reconfiguring (299sf reduction) the layout along the northern portion of the marina, to replace an existing 4’x32’ float with a 4’x35’float nearby and add another 4’x 35’ float along the eastern edge of the marina, to re-install an as-built float to the south and to remove/replace/add pilings. Located at plat I-J, Lot 64-3; 1157 Succotash Road, Narragansett, RI.
Attorney Mark Russo addressed the Council as representative of Doug Mancosh requesting that the Council hear the three Succotash Road applications at the same time. Mr. DeSisto explained to the Council that CRMC had been working with the three applicant/property owners to come up with a solution and the outcome was a “common site plan” which was provided to the Council. It was agreed upon that if the Council were to approve the all three applications, the appeal of the Gilbane CRMC Decision would be resolved.
Mr. Russolino motioned to consolidate the three applications for review and action.
Mr. Gomez seconded the motion to consolidate.
Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried for consolidation on hearing all three Succotash Road applications at once.
Ms. Silvia gave a brief presentation to the Council stated that the area of the three Modification requests was a very congested, pre-existing, commercial/residential area of Jerusalem. Ms. Silvia stated that all three properties and structures predated the existence of the Coastal Resources Management Council.
Ms. Silvia stated that Mr. Mancosh’s commercial pier was built slightly out of conformance and was issued a CRMC Notice of Violation #23-0081 on May 4, 2023. Ms. Silvia stated that the applicant is asking for “As-Built” approval as well as approval for a Structural Marina Perimeter.
Ms. Silvia stated that the Gilbane’s had removed a dock facility from their property that had not received approval from CRMC and that the Gilbane’s had submitted and were approved by CRMC for a dock facility in 2022 but the CRMC Decision had been appealed so the dock was not built. Ms. Silvia stated that the Gilbane’s submitted a Modification of that original Council approval.
Ms. Silvia stated that the Walker 10-boat capacity marina facility was approved by the CRMC in 1994 when the Grandfather Dock Program was in effect. Ms. Silvia stated that a Corrected Assent was issued in January of 2023 for a Limited Marina with an approved Marine Perimeter Limit (MPL). Ms. Silva stated that two unauthorized structures to the north and south (within the marina) were removed.
Ms. Silvia stated that all three of the facilities were requesting modifications of their facilities, none of the facilities require variances, and all of the facilities were pending US Army Corp of Engineers (ACE) approval.
Ms. Silvia stated that no comments were received from the June 2024 Public Notice period.
Ms. Silvia explained that public access is not impacted in this area and that there were small patches of SAV here and there in this area, however, no facility will be over SAV.
Ms. Silvia explained that CRMC staff recommended approval and agreed with the common site plan.
Sworn in and Identified for the Record:
Igor Runge, Engineer with GZA
William Gilbane, Owner/Applicant
Benjamin Walker, Owner/Applicant
Mark Dowdell – Dowdell Engineering
Mr. Runge explained the Common Site Plan stating that the three property owners worked out a solution that worked for themselves and did not disrupt each other.
No questions from the Council for applicants or Mr. Runge.
Mr. Russo, Mr. Walker and Mr. Gilbane followed up thanking staff for their help in finding a solution.
Mr. Willis confirmed for Mr. Flynn that CRMC staff will stipulate for all state and federal permits.
2021-09-093 – Gilbane and Nancy Gilbane
Mr. Izzi motioned for the approval of the Gilbane modification application based on testimony, the staff report, plans and documents submitted in support of the application.
Mr. Flynn seconded the motion.
Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried.
1994-09-044 Benjamin and Karen Walker
Mr. Izzi motioned for the approval of the Walker modification application based on testimony, the staff report, plans and documents submitted in support of the application.
Ms. Reynolds seconded the motion.
Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried.
1976-04-013 – Douglas G. Mancosh Revocable Trust
Mr. Izzi motioned for the approval of the Mancosh modification application based on testimony, the staff report, plans and documents submitted in support of the application.
Mr. Flynn seconded the motion.
Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Chair Coia Aye
Motion carried.
5. Application requiring Administrative Review before the Full Council for Review and Action.
2024-04-008 WATCH HILL FIRE DISTRICT – Replace/repair split rail fencing on property located
at plat 185, lot 31; 151 Bay Street, Westerly, RI.
Attorney Robin Main was present to represent the District as well as Peter August for the Watch Hill Conservancy. Mr. August was sworn in and identified himself for the record.
Ms. Hall gave a brief overview of the application for the Council stating that the CRMC received a maintenance application for replacement of the split rail fencing in-kind. Ms. Hall explained that the fencing required maintenance due to damage done by winter storms and that pedestrian had re- established previously created paths due to the lack of fencing. Ms. Hall stated that the application was before the Council due to multiple objections stating that the split rail fence would obstruct the Fort Road ROW as well as asking for the acknowledgment of the Fort Road ROW.
Ms. Hall stated that it was not the intent of the application or staff report to discuss the Fort Road matter.
Ms. Hall stated that it is the opinion of staff that the application and project meets the requirements of the Redbook and staff recommended approval. Ms. Hall suggested an additional stipulation regarding Fort Road be added to the permit is the ROW subcommittee were to rule on the Fort Road ROW stating that the split rail fencing allow for passage.
There were no questions from the Council to Ms. Hall.
Ms. Main addressed the Council and introduced Mr. August as the President of the Watch Hill Conservancy, member of the Napatree Science Advisory Team and a URI Professor Emeritus.
At the request of Ms. Main, Mr. August explained why it was important to maintain the split rail fencing as requested stating that a team of experts had done assessments and found that there were 64 different social trails used by visitors and it was decided that eight paths would be chosen and clearly marked for use while allowing the other areas to revegetate.
Mr. August stated that the habitat in the area is maritime herbaceous dune which is the highest-ranking habitat in the United States.
Mr. August stated that in 2014-2015 they received CRMC grants to replace the existing fencing and protect the area while still allowing walking trails and the natural sand flow. Mr. August stated that they also planted native plants as well as 13k beach grass plugs through the Rhody Native initiative program.
Mr. August explained that while waiting for the CRMC maintenance review process to be completed, two new trails had emerged and beach grass had been trampled.
No questions for Mr. August from the Council.
Chair Coia opened the comment period.
Anthony Palazzolo was sworn in and identified himself for the record. Mr. Palazzolo objected to the application based on his advocacy work for shoreline access which would be provided by the Fort Rd ROW which would be blocked by the split rail fencing. Mr. Palazzolo stated that he supported both solutions from Ms. Hall. Mr. Palazzolo distributed a map to the Council for reference not exhibit.
No questions from the Council for Mr. Palazzolo.
Richard Langseth was sworn in and identified himself for the record. Mr. Langseth objected to the application based on no reference or communication to/from the owners of the condominiums built in 2013 that run from Bay Street to Harriet Kniffin property.
No questions from the Council for Richard Langseth.
Ellen Kane of Westerly was sworn in and identified herself for the record. Ms. Kane objected to the application based on obstruction of a Public ROW and expressed concern about the persistent intent to erase Fort Road.
No questions from the Council for Ms. Kane.
Ms. Main offered rebuttal to objections and thanked Ms. Hall for her report.
Ms. Main stated that the purpose of the maintenance application was to repair or reinstall 230-feet of split rail fence that had been previously approved by the CRMC.
Ms. Main stated that they were not there to adjudicate over the Fort Road ROW which was a case in Superior Court and maybe Supreme Court at some point. Ms. Hall stated that they would like all court appeals to be exhausted before the stipulations suggested in the CRMC staff report be triggered.
Ms. Main expressed concern over the delay in the project which caused damage on the dunes and to the ecosystem and asked that the application be approved and the maintenance assent be issued. Ms. Main also asked that the suggested stipulations be edited so that all final appeals are exhausted prior to the removal of fencing for access and if the court finds that Fort Road exists.
Mr. Flynn asked about the timing of the Courts looking at the issue. Ms. Main stated that the Superior Court was in the discovery phase. Mr. DeSisto stated that it was not a jury trial and that once the briefs and arguments were completed, the judge would make a decision.
Ms. Hall confirmed that her opinion of the application and review had not changed after hearing all the testimony. Ms. Hall confirmed for Mr. Gagnon that she did not object to Attorney Main’s suggested language change.
Mr. Gomez motioned for approval of maintenance application based on staff report and presentation before the Council, with standard stipulations as well as the additional stipulation as presented regarding Fort Road should RI Superior Court rule or until all appeals are concluded. Mr. Gomez included signage for existing trails and keeping off the dunes.
Seconded by Mr. Izzi and Mr. Russolino.
Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye
Motion carried.
6. Applications which have been Out-To-Notice and are before the Council for Review and Action.
2022-11-010 WATCH HILL YACHT CLUB -- Dredging of 765 cubic yards of sediment from Watch Hill Cove within the marina’s MPL (marina perimeter limit), and the beneficial reuse disposal on the Watch Hill Beach. Located at plat 185; lot 31-1; 1 Fort Road/151 Bay Street, Westerly, RI.
Present for the Applicant were:
Joshua Parks, Adler Pollock and Sheehan
Jeff Livingston
Tony Nenna
Mr. Nenna and Mr. Livingston were sworn in and identified themselves for the record.
Mr. Skenyon gave a brief overview of dredge project stating that the Watch Hill Yacht Club (WHYC) were proposing to dredge the interior portion of the WHYC facility due to a current level of sediment impeding use. Mr. Skenyon stated that there were no variances requested for this proposed project. Mr. Skenyon stated that there were objections to the proposed application based on the Fort Road public access and the environmental impact of the project.
Mr. Skenyon explained that the environmental impact was in regard to the horseshow crab egg laying season and other fishes; however, the dredge window will be outside of the horseshow egg laying season.
Mr. Skenyon stated that the results of the sediment testing found no toxic material nor had there been any toxic materials been found in the past.
Mr. Skenyon explained that there was on-going litigation regarding the Fort Road ROW which was purported to be located in the parking area that would be the dredge working area.
Mr. Skenyon confirmed for Mr. Gomez that the sand would be taken to a dewatering area before being trucked to the Watch Hill Beach.
No further questions from the Council for staff.
Mr. Parks introduced Mr. Livingston to describe the project.
Mr. Livingston gave a brief synopsis of the history of the property and the project before the Council explaining that there had been a dock in that location/position since 1922 and there had been multiple dredge projects over the years with the most recent being 2007.
Mr. Nenna addressed the Council stating that Mr. Skenyon’s description of the project was well done and he added that there were two dredge areas proposed – the east and west sides of the clubhouse to reestablish the areas for sailboats and other vessels.
Mr. Nenna explained that there were two areas for staging for equipment and a path has been outlined for trucks and vehicles to travel to the Fire District Beach to the South.
Mr. Nenna explained that there were two catch basin outfalls that have been effected by the build up of sediment clogging drainage lines and flooding the parking lot.
The Council did not have questions for the applicants and Mr. Parks asked for the opportunity to give a closing statement.
The Chair called for Public Comment.
Matthew Ferraro was sworn in and identified himself for the record.
Mr. Ferraro explained that he was present to make CRMC aware that there is tidal flooding in the area. Mr. Ferraro also explained that the Fort Road access way was listed in the Harbor Management Plan.
No questions for Mr. Ferraro.
Richard Langseth was sworn in and identified himself for the record.
Mr. Langseth informed the Council of the Condominium Association located from Larkin Road and Bay Street to the Mifflin property, and that it appears to be the location of the dewatering site, specifically No. 2 of which is leased by the Yacht Club. Mr. Langseth urged the Council to look into the Condominium Association property and to require the Yacht Club to put the sand elsewhere to dewater and to use a truck to bring the sand to the beach after dewatered. Mr. Langseth also talked about the flooding of the parking area at the Yacht Club.
No Questions for Mr. Langseth.
Anthony Palazzolo Jr was sworn in, identified himself for the record and gave a legal disclaimer regarding his licensing to practice law which is Connecticut and California.
Mr. Palazzolo’s stated his objections as an incomplete application with the plan being the most impactful and intrusive on the Fort Road ROW. Mr. Palazzolo suggested moving the staging area 150 feet along the seawall and to a further area of the parking lot. Mr. Palazzolo expressed concern that the plans submitted blocks Public Access which was not included on the plan by the applicant.
Mr. Palazzolo’s second objection is legal liability for CRMC by violating the rights of the owners of Larkin Square Condominiums under the 5th Amendment by having pedestrian access by through Larkin Square Condominiums.
Mr. Palazzolo’s third objection involved the blocking public rights-of-way to the water. Mr. Palazzolo stated he believed that this was against state law, town ordinances and CRMC Assent 1987-10-066 stipulations Q.
Mr. Palazzolo stated that all objections could be solved if the staging area is moved 150 feet along the seawall to the distant corner of the parking lot.
Mr. Izzi asked Mr. Palazzolo about the Larkin Square Condominiums and the nature of their use. Mr. Palazzolo confirmed that businesses were on the bottom level and residences on second level. Mr. Palazzolo stated that he was unaware of restrictions of people who frequent the businesses.
Mr. DeSisto asked Mr. Palazzolo for a copy of the Watch Hill Fire District’s Complaint.
Joy Cordio was sworn in and identified himself for the record.
Ms. Cordio asked the Council to hold their vote on this matter as the Town Solicitor was not present and the Town is in litigation. Ms. Cordio stated that in 2023, the Town Council voted to object to the application. Ms. Cordio stated that the Town Manager had submitted a letter dated 08-24-2023.
Mr. DeSisto was given a copy of the letter.
No questions for Ms. Cordio.
Mr. Parks addressed the Council asking that the Council not hold the decision as the meeting was properly noticed. Mr. Parks stated that the application before the Council was for the maintenance dredging of Watch Hill Yacht Club not to discuss the Fort Road ROW. Mr. Parks stated the sediment continues to build up and that the maintenance dredging will relieve the flooding when the sediment is removed from the outfalls.
Mr. Izzi asked how long the dredging would take. Mr. Parks stated approximately one month and that the dredge window during off-season and there would not be many people using the parking area.
Mr. Parks explained that there was a plan submitted to CRMC depicting construction fencing around the work site so that people can safely walk around the construction equipment and back onto the seawall.
Mr. Izzi asked if any of the work would impact Larking Square property. Mr. Parks stated that the operation would be happening on WHFD land. Mr. Parks also stated that the concrete walkway is a publicly accessible walkway.
No further questions.
Mr. Skenyon confirmed that his opinion had not changed based on testimony or evidence given.
Mr. Flynn asked if the plan was approved, would the Council be tacitly telling people to trespass.
Mr. DeSisto stated he did not see it as a constitutional violation.
Mr. DeSisto stated that the existence and location of Fort Road ROW is in the correct forum for that determination.
Mr. Gagnon motioned for the approval of the application with stipulations described by staff report and the findings of fact in staff report. Mr. Gomez seconded the motion.
No discussion on the motion.
Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye
Motion carried.
7. Public Hearings on Proposed Rule-makings:
A. Title of Rule: Management Procedures (650-RICR-10-00-1)
Rulemaking Authority: R.I. Gen. Laws Chapter 46-23 et seq.
Summary of Rulemaking Action:
The CRMC proposes to amend its Management Procedures at § 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.
B. TitleofRule: RedBook(650-RICR-20-00-1)
Rulemaking Authority: R.I. Gen. Laws Chapter 46-23 et seq.
Summary of Rulemaking Action:
The CRMC proposes to amend its Red Book at § 1.1.13 to include the administrative penalty matrix guidance for violations of the Rhode Island Coastal Resources Management Program within the state of the Rhode Island.
Mr. Lofgren gave a brief overview of the Administrative Penalty Matrix stating that the matrix was before the Council in 2023 as part of the Administrative Fines Program. Mr. Lofgren stated that it has been an ongoing initiative for CRMC since 2021 when the Legislature increased our ability to impost fines from $2,500 to $10,000. Mr. Lofgren stated that CRMC created a matrix to add standards and show a nexus between the final fine amount give by enforcement staff and the reasoning behind it.
Mr. Lofgren stated that public notices were issued for proposed rulemaking and that the purpose of tonight was for public comment.
The record reflects that there was no one from the public in attendance.
Public Hearing was closed.
7. Executive Session pursuant to RIGL § 42-46-5(a)(2), Litigation; discussion and possible action regarding decision rendered in Sheffield v. CRMC, C.A. No.: PC-2023-06561.
Mr. Flynn motioned to go into Executive Session with a second from Mr. Izzi.
Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye
Motion carried.
Mr. Gomez motioned for the minutes from the Executive Session be sealed, seconded by Ms. Reynolds.
Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye
Motion carried.
Mr. Izzi motioned to direct the Council to take the action as discussed in Executive Session, seconded by Mr. Flynn.
Roll call vote by Chair Coia:
Mr. Flynn Aye
Mr. Izzi Aye
Mr. Gomez Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye
Motion carried on unanimous vote.
No votes were taken in the executive session.
8. ADJOURN
Motion to adjourn:
Motion: Mr. Izzi
Second: Mr. Russolino
Motion to adjourn approved on a unanimous voice vote. The meeting was adjourned at 8:30.
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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