In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, November 12, 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

Staff Present
Laura Miguel, Deputy Director
Amy L. Silva, Spv Environmental Scientist
John Longo, Asst Legal Counsel
Lisa Turner, Recording Secretary

 

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, 08-27-2024

October 8, 2024
Motion: Mr. Izzi
Second: Mr. Flynn
Motion carried.

3. Subcommittee Reports

Ms. Miguel updated the Council:

• The ROW Subcommittee met on the matter of Spring Avenue Extension potential ROW
  • The Subcommittee completed motions with one pending and will meet again in January 2025

4. Staff Reports

Ms. Miguel updated the Council:

• Jeff Willis is at the Northeast Regional Ocean Council (NROC) meeting
• The NOAA 312 Review update
  • Final report will be coming at the end of January 2025
• Two legislative study commissions
  • Commission to make comprehensive on RI Beaches renourishment and provide cost analysis
  • Commission on Climate Change Impact and Solutions
• Update on Charlestown Breachway repairs – completed at end of October

5. Applications which have been Out-To-Notice and are before the Council for Review and Action

2024-04-003 Donna Hostetler, Diane Bardsley & Thomas O’Gorman -- Construct and maintain a residential boating facility consisting of a 85’ fixed pier,17’ ramp to a 10’X15’ terminal float, terminating at 50’ from MLW. Located at on Winnapaug Pond -- Plat 143, Lots 55, 57; Snowberry Lane, Westerly, RI.

Thomas O’Gorman, Donna Hostetler and Diane Bardsley were present as applicants/property owners.

Ms. Silva gave a brief accounting of the application explaining that the proposed residential boating facility, if approved, would be located on an undeveloped Lot 55 which is associated with developed Lot 57. Ms. Silva explained that the two lots which are separated by an undeveloped paper street, Snowberry Lane, a Deed Restriction will be required by the property owners to tie the lot with the dock (55) and the developed lot (57) together. Ms. Silva explained that the dock is a typical design, meets CRMC standards with no variances, and with approximately 2’ of water at the terminus of the dock.

Ms. Silva explained that the application is before the Council due to objections received during the Public Notice period. Ms. Silva stated that after reviewing the objections against CRMC Red Book Section 1.1.6(G)(1), it is of the opinion of staff that the objections received do not rise to the level of substantive objection.

Ms. Silva stated that if approved, the standard dock stipulations will be prepared along with the required Deed Restriction – both will be recorded in the land evidence records.

There were no questions from the Council for Ms. Silva.

Attorney Kelly Fracassa addressed the Council and introduced two witnesses.

Caroline J. Doyle, PE and Joseph Klinger, PWS – both of whom were sworn in and identified themselves for the record. Ms. Doyle and Mr. Klinger also explained their education and professional experience in their field for the record.

Through questioning from Mr. Fracassa, Ms. Doyle explained:

• She was involved in the groundwork of the project, dock location, and coordination of
  information for dock design and CRMC application.
• The dock would extend 50’ from the MLW with a total dock length of 112’.
• The water depth at the dock terminus would be 2’ meeting the CRMC’s 18” water depth
  standard.
• The CRMC sideline setback standard was met.
• The dock would be built near a path close to 5 Snowberry Lane to minimize vegetation
  disturbance.
• No subaquatic vegetation (SAV) at the proposed site.
• Moving the dock westward further from property line would require vegetation work to create
  a new path and they would not have the water depth required by CRMC requiring a variance.
• Because of objection received for visual impacts, the applicant minimized the dock length to
  minimize visual impacts. No standard for scenic impact.

Mr. Fracassa had no further questions of Ms. Doyle.
There were no questions from Council for Ms. Doyle.

Mr. Fracassa called Mr. Klinger and through questioning, Mr. Klinger explained his involvement in the application process:

• Helped with the proposed location of the dock, general layout and location of SAV in the area.
• No SAV in the proposed location and the seabed consists of muddy to sandy cobble near shore
  with a fair amount of algae throughout.
• As a licensed Captain, he was certain that a boat could be navigated in and out of dock area and within the vicinity of the dock on abutting property. Mr. Klinger did not foresee any navigational hazards to bring boat back to dock.
• Dock in this location preserves a greater stretch of shoreline to the west so as to not fragment the wetland.
• The moorings in the area were individual riparian moorings with one mooring being move to correct its properly approved location.

Mr. Fracassa called property owner/applicant, Thomas O’Gorman as witness. Mr. T. O’Gorman was sworn in and identified himself for the record. Mr. T. O’Gorman gave a brief accounting of his lifetime history of association with the subject properties, as well as the circumstances of co- ownership of 5 and 11 Snowberry Lane through inheritance from a family estate in November of 2022. Mr. T. O’Gorman confirmed the following:

Familiar with the proposed dock area seabed which is mucky conditions.

Seabed area near the ROW is nicer which firm sand and natural arc – great for clamming and
quahogging.

Photos from application described my Mr. T. O’Gorman – Applicant’s A and B

Discussion of boats to be used and docked.

Followed all CRMC regulations.

No questions from the Council.

Opposition of application

Jeffrey L. Eger, Esq. – representing Stacy and Marc O’Gorman who were sworn in and identified themselves for the record.

Mr. and Mrs. O’Gorman gave a brief accounting of history of property ownership, as well as personal and environmental situations that occur in the area of their property line by the abutting property owners/applicants. Mr. M. O’Gorman testified that clearing is being done on the abutting property without permits and asked if an agreement could be reached that the clearing would not continue without permits. Mr. M. O’Gorman asked if the dock could be moved further from their abutting property line due to the interference with their recreational activities and maneuverability of docking their boat.

No further questions.

No questions from the council.

No others present for public comment.

Mr. Fracassa rested.

Mr. Fracassa confirmed for the Council that the applicant will follow the US ACOE permit as week as any language prohibiting additional cutting.

Ms. Silva stated that cutting in a wetland area is prohibited, but that with a CRMC permit, a buffer zone could be established which would approximately be 125’ as measured from the coastal feature. Ms. Silva stated that through the pathway and buffer could be codified for all lots.

Mr. Gomez motioned for the approval of the application as presented.

The motion language was clarified by Mr. Longo, with Mr. Gomez’s affirmation, to be – “Motion to approve based on the assertions and conclusions in the staff report, and the testimony of the applicant through their witnesses and in their application, are more credible than the evidence submitted in opposition to the application. You do not believe the objections raise to the level of "substantive" under our regulations. You find the proposed dock adheres to the policies, prerequisites and standards of our regulations and will not result in significant adverse environmental impacts or use conflicts including taking into account cumulative impacts. Based on those findings, you move approval with the standard stipulations”

Mr. Izzi seconded 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 on unanimous vote.

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

2024-07-019 Rhode Island Energy -- Rebuilding of existing L14 & M13 115kilovolt transmission lines through portions of Portsmouth & Tiverton, crossing the Sakonnet River. CRMC Portion of the project extends from Boyd’s Lane Portsmouth to Riverside Dr, Tiverton. Project will result in the permanent alteration of 548ft2 of Coastal Wetland and 101ft2 of Freshwater Wetland. Project Requires a Special Exception to 650-RICR-00-1.2.2(C)(1)(d) and (C)(2)(b). In accordance with §1.3.1(L)(5), 1, 815ft2 of mitigation wetland will be created, exceeding the 2:1 replacement requirement. Alteration to Freshwater Wetlands falls under Exemption 650-RICR-00-9.6.3. Located at Lines L14 and M13, Portsmouth and Tiverton, RI.

Ms. Silva gave a brief accounting of the project stating that it is a linear project by RI Energy to upgrade the lines from Tiverton to Portsmouth. Ms. Silva explained the jurisdictional aspect of the project which includes RI Department of Environmental Management jurisdiction as well as CRMC.

Ms. Silva explained the following:

• A Special Exception is required for the disturbance of 548f2 in Boyd’s marsh which will be mitigated
  by creation of 1815f2 of coastal wetland exceeding the requirement of 2:1 mitigation.
• No comments received during the public notice period.
• RI HPHC has not yet issued their sign off due to questions about Sakonnet River bridge.
• Staff believes application meets the Special Exception requirements.
• Stipulation for permit that an Environmental consultant be hired to monitor the entire project as well as the wetland for 5 years.

Ms. Silva stated that CRMC Staff recommended the approval of the project once HPHC review comes in.

Attorney George Watson was present to represent Rhode Island Energy as well as Tom Arias, RI Energy, Marc Ryan Smith, RI Energy, and Melissa Kaplan, BSC Group.

Mr. Watson explained for the record that while the parent company is RI Energy, the applicant is the Narragansett Electric Company.

No one in the audience for public comment.

Mr. Watson stated that the 7.9-mile line built in 1964 and is the sole source of power to Aquidneck Island and Jamestown. Mr. Watson stated that all structures being replaced with steel structures.

Mr. Flynn asked if alternatives to the overhead lines were researched such as burying the lines. Mr. Watson stated that they looked into burying the lines but the option was not pursued due to project cost, being able to get the rights to property for line burial and the Sakonnet River Crossing obstacle.

Mr. Watson stated that the utility poles would be built based on newest code requirements for taller poles.

Ms. Kaplan stated that the wires are heavier so the structure needs to be taller to accommodate sag.

Mr. Watson stated that open houses were held in Tiverton and Portsmouth with notices being sent to property abutters. Public comment hearings were also held in Tiverton and Portsmouth.

No further questions.

No one in audience to comment.

Mr. Gagnon motioned for approval of Special Exception based on testimony.

Motion clarified by Mr. Longo to be “You find the assertions and conclusions of the staff and the applicant, through their testimony, reports and application, to be credible. You find the application is for public energy infrastructure and it serves a compelling public purpose which benefits the public as a whole; that all reasonable steps will be taken to minimize environmental impacts and use conflicts; and that there are no reasonable alternatives to serving the compelling public purpose. Based on those findings, you move approval of the Special Exception with the standards stipulations, the staff stipulation regarding an environmental overseer and approval by the HPHC.”

Mr. Izzi seconded 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 on unanimous vote.

Mr. Russolino motioned to approve the entirety of the proposed project as reviewed by CRMC.
Motion clarified by Mr. Longo to be “You find the assertions and conclusions of the staff and the applicant, through their testimony, reports and application, to be credible. You find the application adheres to the policies, prerequisites and standards of our regulations, including the variance standards, and that approval will not result in significant adverse environmental impacts or use conflicts including cumulative impacts. Based on those findings, you move approval of the application with the standards stipulations, the staff stipulation regarding an environmental overseer and approval by the HPHC.”

Mr. Flynn seconded 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 on unanimous vote

7. ADJOURN

Motion to adjourn:

Motion: Mr. Russolino
Second: Mr. Gagnon

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 6:30.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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