In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, February 11, 2025 at 6:05 p.m. located at the Administration Building, Conference Room A, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon, DEM
Donald Gomez
Stephen Izzi
Kevin Flynn
Joseph Russolino

Staff Present
Jeffrey M. Willis, Executive Director
Laura Miguel, Deputy Director
Tracy Silvia, Prin Environmental Scientist
Brian Harrington, Prin Environmental Scientist
Anthony DeSisto, Legal Counsel
Mark Hartman, Assoc Legal Counsel
Lisa Turner, Recording Secretary
Ryan Moore, IT

 

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:03 p.m.

3. Review/Action of the Minutes of the Previous Meeting – January 28, 2025

Motion: Mr. Flynn
Second: Mr. Izzi
Motion carried.

4. Staff Reports

Mr. Willis gave a brief overview of the following:

• Fishermen’s Advisory Board reconstitution
• Continuation of working with Orsted, Starboard Wind (formerly known at SouthCoast) in Old Bay State Lease as well as Vineyard Wind in the RI/MA Lease area.
• Washington Bridge demolition project
• Washington Bridge – Demolition – staff met out in the field and receive information and updates on a daily basis

5. Subcommittee Reports

Rights of Way Subcommittee

• Buttonwoods Beach Assoc, Warwick – April 8, 2025 meeting
• Everett Avenue Westerly – April 8, 2025 meeting

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

2024-09-080 VTG CAPITAL LLC -- Construct and maintain a residential boating facility consisting of a 4’ x 42’ fixed timber pier, 4’x 20’ aluminum gangway and 8’x 35’ (280sf) terminal float. The facility is proposed to extend 74’ seaward of the MLW mark, requiring a 24’ length variance to Redbook 650-RICR-20-00-01 Section 1.3.1(D)(11)(l) (2). The structure will be a shared facility for Lots 166 and 244, which will be tied together for purposes of any Assent and has been designed per Section 1.3.1(D)(11)(e). Located at plat 26, lots 166 and 244; 183 Mathewson Road and 2 Blount Circle, Barrington, RI.

Ms. Silvia gave a brief overview of the application informing the Council of the following:

• The project is located on the Barrington side of the Warren River with mixed use of the area – marina, residential dock, and sea walls.
• The Public Notice period ended on December 19, 2024 with no objections received.
• Application was scheduled and heard at the in-house administrative dock meeting with a conditional approval pending sign off from abutting Lot 4 property owner
  which was received in January.
• Lot 8 -- abutting property owner -- was not notified during Public Notice process and
  a sign-off was sought from them by staff.
• During the intervening weeks an objection was received from the Lot 4 abutting
  property owner stating that the dock was too close to their dock.
• The applicant requested a length variance of 24’ consistent with variance criteria to
  reach 2’-4’ of water along the 280sf float.
• It was decided at the administrative dock meeting in January to send the application
  to the Council for the objection from Lot 8 abutting property owner.
• Staff’s opinion that the objection was not substantive as there is ample room for both
  docks and maneuvering of boats.
• Ms. Silva stated that staff had no technical objection to the approval of the dock with
  specific stipulations used for shared facilities – one referring to tying the lots together for the purpose of one having only one dock on the two lots in the future.

Mr. Flynn asked about the CRMC policy of public comment letters being received after the close of public comment. Mr. Willis stated that through regulatory change in 2006, staff was given the ability to look at applications that would normally go before the Council. The regulatory rule stated that if staff got any objection for the types of activities, the application would be brought up to Council.

Ms. Reynolds asked if ownership of either lot changes in the future, and the shared dock transfers to the new landowners, does the ownership include access over the land the get to the dock. Ms. Silvia explained that the access to the dock is an agreement between the landowners. Ms. Silvia explained that the properties are currently in common ownership. Ms. Silvia confirmed that every few years there will be an application for a shared facility and that the program supports this to cut down on the amount of facilities on the water.

Sworn in and Identified for the record:

• Thomas Gay – property owner of 2 Blount Circle and manager of VTG Capital that owns 183 Mathewson Road.
• Todd Chaplin from Mount Hope Engineering

Mr. Gay explained to the Council:

• 183 Mathewson Road that is on a ROW that terminates at 2 Blount Circle so there is already a right of way access on that area. If the property was sold, the plan would be to reserve an easement for those properties.
• He wanted to maintain the property and the dock facility for the family.
• With Ms. Silvia’s comments, the facility was designed to give as much room to the abutting properties as possible.

Mr. Chaplin confirmed for Mr. Izzi that the facility will be 72’ between two docks.

Ms. Silvia confirmed for Mr. Flynn that the facility is a bit shorter than the abutting dock. There was no one in the audience to speak for or against the application.

Mr. Izzi motioned, based on the staff report, staff presentation and testimony from the application, to approve the application with the variance also including the stipulations proposed by Staff.

Motion seconded by Mr. Gagnon.

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

Motion Carried.

7. Enforcement Matters before the Council for a Status Conference:

23-0047 ODI REALTY, LLC -- The alleged violations are unauthorized earthwork (filling, removing, and grading) on a coastal feature, construction of a riprap retaining wall on a coastal feature, construction of timber structures on a coastal feature, and cutting of natural buffer zone vegetation. If proven, these activities constitute a violation of the Red Book (650-RICR-20-00-1), specifically CRMP § 1.1.11, § 1.3.1 (C), & § 1.3.1 (G). Located at plat 369, lot 108; 605 Budlong Farm Road, Warwick, RI.

Attorney Mary Shekarchi was present to represent the property owner.

Mr. Harrington gave a brief update to the Council:

• Application was submitted for structural shoreline protection – riprap wall.
• Staff asked that the applicant to revise plans for nonstructural shoreline protection.
• New revised plan was submitted.
• Assent was ready to be issued.
• Received call that work was being done on property by the water.
• Site visit found that construction of riprap, timber structures, and cutting of natural
  vegetation as well as earthwork had been undertaken in an intertidal zone.
• Verbal Cease & Desist was issued to the contractor on the site. Contractor agreed to
  stop.
• Written Cease & Desist was issued on April 7, 2023 and an Administrative Fine to the
  property owners
• Property owner appealed the fine on April 23, 2023.
• Tried to set up site meeting between CRMC, property owner, attorney, and their
  engineer. CRMC wasn’t able to schedule the meeting.
• On September 25th 2023, CRMC staff returned to the property to find that the first
  iteration of the wall (hardened structure) had been completed against the CRMC Cease
  and Desist Order.
• A second Administrative Fine was issued on September 27th, 2023 which was appealed
  on October 16, 2023.
• A meeting was held on November 28, 2023 at CRMC offices attended by Attorney Paul
  DeMarco, their engineer and their contractor where CRMC explained what needed to
  be done to resolve the violation.
• A letter was sent from CRMC to property owner on March 12, 2024 requiring that a
  plan be submitted by April 5, 2024 with restoration of the site by May 24, 2024.
• The deadline was extended to April 15th, 2024 which was not met.
• Going to schedule the matter for a hearing.
• Attorney Shekarchi took over the case.
• Working on trying to resolve the matter since then.
• Proposal sent in on February 7, 2025 through Attorney Shekarchi.

Mr. Harrington stated that it is before the Council to hard deadlines to be set for restoration and an application to be submitted.

Attorney Shekarchi stated that the meeting at the office was on a separate matter and that Mr. Harrington briefly brought it up as she had just gotten involved.

Attorney Shekarchi stated that Mr. Harrington stated the facts as known, that a restoration plan had been submitted, and asked for time to review the information to resolve the matter.

Mr. Harrington clarified for Mr. Flynn that the fines are handles through the Administration Fine Appeal Hearing process. Mr. Harrington stated that the Enforcement Division tries to handle the application process first prior to scheduling the fine hearing.

Discussion on using the original plan that was on the verge of being approved through the application process.

Mr. Flynn expressed concern about approving a plan approved after being issued two C&Ds for the unassented construction is not appropriate.

Mr. Harrington informed the Council that the toe of the wall that was built is about 9 feet seaward than the original plan that was going to be approved by CRMC staff. The toe of the wall needs to be brought back landward.

Mr. Harrington clarified for Attorney Shekarchi that the original assent had not been issued before the work was done.

Mr. Willis clarified that staff needed a few weeks to review the revised plans and that if we get an application back that's similar to the original application that we were willing to approve, that could be a path towards restoration. Mr. Willis stated that what was received on February 7th is a narrative requesting to keep what is in place right now.

Mr. Izzi motioned to continue CRMC Enforcement File No 23-0047 for approximately 60 days (depending on the date of the Council Meeting) and have staff report back to the Council as to progress on an application or order to restore – or whatever staff deems appropriate.

Motion seconded by Ms. Reynolds.

Mr. Willis confirmed for Mr. Flynn that within the 60 days, staff will review the submittal, comment back through Attorney Shekarchi, and she will get back to CRMC Staff before that 60-day period is up.

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

Motion Carried.

23-0222 LEONARD T. MAYNARD TRUST AGREEMENT -- The alleged violations are the unauthorized construction of a riprap retaining wall and stairs on a coastal feature; earthwork (filling, removing, & grading), clearing of natural buffer zone vegetation, construction of a fence, and installation of an impervious surface, on and within 200 feet of a coastal feature. If proven, these activities constitute a violation of the Red Book (650-RICR-20-00-1), specifically CRMP § 1.1.11, § 1.3.1 (C), § 1.3.1 (F), & § 1.3.1(G)(3)(c). Located at plat 369, lot 109; Budlong Farm Road, Warwick, RI.

Attorney Chris D’Ovidio was present to represent the property owner.

Mr. Harrington addressed the Council stating:

• This property is adjacent to the previously discussed property and was inspected the same day as the other Budlong Farm Road property.
• Unauthorized activities were undertaken such as earthwork, cutting of natural vegetation and earthwork in the intertidal zone.
• A verbal Cease & Desist Order was issued to the contractor on the site and he agreed to stop working. He was told to stop all work.
• CRMC Enforcement did not issue a written Cease & Desist Order at that time as the work was associated with the property next door.
• When CRMC Enforcement returned to the properties on September 25, 2023, it was found that a wall had been built there also – a riprap retaining wall that was tied into the neighboring property.
• A written Cease & Desist Order was issued on September 28th, 2023 with a $10,000 Notice of Administrative Fine.
• Attorney Paul DeMarco represented this property owner as well and CRMC met with him, the engineer and the contractor on November 28, 2023.
• CRMC staff discussed with property representatives all that needed to be done with the site to restore it.
• A letter was sent on March 28, 2024 requiring a restoration plan be submitted by April 15th, 2024 with restoration to the site by May 24, 2024.
• On April 29, 2024, a letter was sent from CRMC informing the property owner that they hadn’t met the submittal deadline and that the matter would be scheduled in front of the Council.
• Attorney D’Ovidio took over the case and after a few phone calls and a meeting on site, it was decided that a November 22, 2024 deadline would be set to submit a restoration plan. This was memorialized in an email dated October 21, 2024.
• January 13, 2025 CRMC sent a letter stating that the restoration plan had not been submitted by November 22, 2024 and that the matter would go before the Council with a January 27, 2025 letter confirming this meeting date.
• There is no house on the property which makes structural shoreline protection prohibited and restoration of the property is being sought by CRMC which could mean non-structural shoreline protection.

Mr. Gagnon asked about the unauthorized fill. There was discussion on what structures were permitted and not permitted.

Attorney D’Ovidio addressed the Council stating:

• Mr. Maynard is in his 90’s and his daughter has power of attorney.
• I met with Brian Harrington and Devon Robinson on the property.
• Have an engineer, a surveyor and a biologist in place.
• The surveying work is on schedule to begin
• Have four different locations of violations but only discussing the wall tonight
• The property owner fully intends to comply with CRMC regulation which would
  include a full vegetative restoration on all of the matters in front of the Council.
• Ask for the opportunity to submit an application – structural or nonstructural wall.
• The property is going to continue to erode with any sort of support which could affect
  abutting properties.
• Whatever is done must be integrated with lot 108 – ODI Realty, LLC.
• If submittals are rejected for structural or nonstructural walls, they pull the
  unauthorized wall out and restore.
• Contractor worked on both properties – asked for CRMC to issue enforcement to the
  contractor.

Mr. Izzi inquired as to where Mr. Maynard is in regards to submitting to CRMC. Mr. D’Ovidio stated that the team they hired are conferring as to best approach.

Mr. Izzi asked Mr. Harrington is 90 days continuation is appropriate.

Mr. Harrington stated that it would be a good idea so that everyone is on the same page.

Mr. Willis confirmed that the CRMC has the ability to cite contractors for doing unauthorized work.
Chair Coia asked for a motion.

Mr. Izzi motioned to continue this matter for 90 days to the next appropriate Council meeting.

Mr. Flynn seconded the motion.

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

Motion Carried.

7. ADJOURNMENT

Motion to adjourn:

Motion: Mr. Izzi
Second: Mr. Flynn

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 6:58 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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