...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
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:
5. Subcommittee Reports
Rights of Way Subcommittee
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:
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:
Mr. Gay explained to the Council:
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:
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:
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. 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