In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, May 13, 2025 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
Ms. Reynolds
Stephen Izzi
Kevin Flynn
Joseph Russolino
Michael Reuter, DPM

Staff Present
Jeffrey M. Willis, Executive Director
Laura Miguel, Deputy Director
Amy Silva, Spv Environmental Scientist
Anthony Sawaia, Sr. Environmental Scientist
Justin Skenyon, Ocean Engineer
Anthony DeSisto Legal Counsel
Mark Hartmann, Assoc Legal Counsel
Lisa Turner, Recording Secretary
Ryan Moore, IT

 

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:15 p.m.

2. Review/Action of the Minutes of the Previous Meeting – April 22, 2025

Motion: Mr. Flynn
Second: Mr. Gagnon
Motion carried.

3. Subcommittee Reports

None.

4. Staff Reports

Mr. Willis updated the Council of the following:

• Request by RI Builder’s Association board to reinstitute the CRMC/RIBA half-day training program as done in the past, sometime in July.
• Environmental Business Council Leadership presentation in July to inform members of CRMC activities.
• CRMC had been granted an award from NOAA to do additional Public Access to the Shore for underserved communities. The current administration has pulled back that award. We are working with congressional delegates to try to get the funding back.

5. Confirmation of Fishermen’s Advisory Board Members:

The CRMC put out a public notice to solicit volunteers from Rhode Island fishing stakeholders regarding the reconstitution of the agency’s Fishermen’s Advisory Board (FAB). Over the course of the solicitation period, CRMC staff received several inquiries from the public, discussed the role of the FAB with each person, and provided additional information as needed. As such, the staff is putting forward the following volunteers, which staff believe are appropriate to carry out the duties of the FAB.

• Heather Low
• Motion – Ms. Reynolds
• Second – Mr. Russolino

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 to seat Heather Low as member of Fishermen’s Advisory Board carried unanimously.

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

2024-06-087 William J Ruh Trust -- Construct and maintain a new 1,727 SF single-family home, driveway, stormwater, to connect to city utilities, converting the existing 786 SF historic John Tripp House into a guest house. The proposed new dwelling requires a Variance to 650-RICR-20-00-1.11(C)(3)(b), requiring a 50-foot Buffer Zone. The project additionally requires a Variance to Section 1.1.9 which requires a 75-foot construction Setback (25 feet beyond the Buffer Zone). The Setback proposed will 10 feet at its smallest, and the Buffer will be 15’ at its smallest. Located at plat 12, lot 46; 88 Washington Street, Newport, RI.

Attorney Hartmann addressed the Council and explained that CRMC Legal Counsel and CRMC staff had received a stipulation from the applicant in this matter and the objectors requesting that the matter be sent to a subcommittee. Attorney Hartmann further relayed that the stipulation indicated that the applicant and the objectors would not be providing evidence at this meeting in support of their substantive position.

• Attorney Joshua Parks of Adler Pollock and Sheehan was present on behalf of the objectors.
• Attorney Jay Lynch of Moore Virgadamo & Lynch was present on behalf of the applicant.

Attorney Hartmann advised the Council that, according to CRMC Management Procedures, 650-RICR-10-00-1.5.3(A), the matter could be sent to subcommittee if there is a vote of four or more members of the Council.

Attorney Hartmann confirmed for Chair Coia that it was his opinion of the file and contents within the file that the Council was within their authority to send the matter to subcommittee with a vote of 4 or more members.

Attorney Hartmann also explained that a vote of 4 or more Council members did not imply that it is a contested case or that the objections are substantive.

Mr. Flynn asked what the rationale would be for not sending it to subcommittee based on the request of both parties.

Attorney Hartmann and Mr. Willis both stated that the CRMC staff indicated in their staff report that they did not believe that this matter is a contested case.

Mr. Flynn motioned for the application be referred to a subcommittee.
Mr. Russolino seconded the motion.

No further discussion

Roll call vote by Chair Coia:

Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

The motion to send the application to subcommittee was approved on a unanimous vote.

Attorney Parks stated that he would like to reserve on our ability to contend that the objections are, in fact, substantive.

Council Member Dr. Reuter arrived.

2023-08-084 TSL, LLC -- The project is a marina expansion which includes five additional new pilings, an additional new ramp, and a wave fence. The marina expansion will be an increase of 2,500 square feet to the existing marina. The purpose of this expansion is to provide space for a new pool boat as an amenity to the existing onshore hotel business. Located at plat 9, lot 50; 267 Thames Street, Bristol, RI.

Attorney Seth Handy of Handy Law present for the applicant.
Ron Blanchard, PE, Site Engineering Inc present for the applicant.

Attorney Hartmann addressed the Council regarding legal issues that arose with this matter explaining that the objectors of the case, Stone Harbor Condominium Association, had filed a lawsuit in Superior Court -- PC-2025-02360 – requesting that the Court command CRMC to send the applicant’s application to subcommittee after determining that the matter is a contested case. Attorney Hartmann explained that on behalf of CRMC a temporary restraining order with mandatory injunctive relief was requested by CRMC Legal Counsel. Arguments were made by Stone Harbor Condominium Association, TSL, LLC and CRMC. Superior Court Justice McBurney, after looking at the filings and hearing the arguments, determined that a Temporary Restraining Order was not appropriate at the time and that he would not command CRMC to send the matter to subcommittee based on the reasoning that CRMC had not had the chance to determine whether or not a substantive objection had been filed.

Attorney Hartmann advised the Council to hear from the objectors, have the applicant respond to the objectors, and then hear from CRMC staff to see if evidence had been submitted by the objectors demonstrating that they had filed a substantive objection requiring a subcommittee hearing.

Justin Skenyon, CRMC staff engineer, addressed the Council and summarized his report by explaining the criteria of substantive objections which could be found in the CRMC Red Book 650-20-00-1 section 1.1.6(G). Mr. Skenyon stated that CRMC staff was of the opinion that the objections received did not rise to the level of substantive therefore the application was not a contested matter.

Attorney Hartmann further explains Management Procedures 650-RICR-10-00-1.5.1(F) stating that if an objection is received during the 30-day public notice period and that objection is deemed substantive through criteria in Red Book Section 1.1.6(G), only then will it be scheduled for subcommittee hearing.

No questions from the Council.

Attorney Thomas Moses, of Moses & Ryan addressed the Council on behalf of the objectors, Stone Harbor Condominium Association. Attorney Moses stated that based on the Dumplings case -- Superior Court case heard by Judge Lanphear – any request for subcommittee rises to the level of contested. Attorney Ryan stated that objections were submitted to CRMC on August 14, 2024. Attorney Moses restated the Dumplings case determination of Judge Lanphear acknowledging that CRMC had appealed the decision to Supreme Court.

Attorney Hartmann clarified for Mr. Gagnon that CRMC interpreted the regulations 650- RICR-10-00-1.5.1(F), that a hearing has to be substantiated by genuine and material reason as outlined in Redbook Section 1.1.6(G).

Chair Coia asked Attorney Hartmann to address an argument made by Attorney Moses regarding the term “and/or” in 650-RICR-10-00-1.5.1(F). Attorney Hartmann stated that the term “and/or” was used in the definition of a contested case in CRMC Management Procedures. (Attorney Hartmann quoted the entire definition.) Attorney Hartmann explained to the Council that the definition of a contested case indicates that section 1.1.6(G) of the Red Book also has to be reviewed. Attorney Moses did not agree with CRMC interpretation.

Attorney Seth Handy addressed the Council stating that they are in accordance with CRMC staff regarding this being a contested case. Attorney Handy addressed specifically the objection for water quality and the presence of submerged aquatic vegetation (SAV). Attorney Handy relayed that the CRMC staff report stated that there was no SAV present in the area of this application.

Attorney Handy stated he was in the Superior Court proceedings for the temporary restraining order, and Judge McBurney stated that when there is an appeal in Supreme Court, the Supreme Court instructs them not to rely on Superior Court precedent that is subject to an appeal.

Attorney Handy stated that it would not be prudent for the regulations to require the CRMC staff to review projects against 6 different criteria when all that is needed is a written request for a hearing.

Attorney Handy also provided another provision that gives the Council discretion to hear a case by the full Council or by subcommittee if the objection does not rise to the level of substantive.

No questions from Council to Attorney Handy.

Discussion amongst the Council Members as to the determination of subjective objection.

Mr. Skenyon addressed the Council stating that the application was for a marina perimeter limit expansion to accommodate a registered vessel and that was what staff reviewed. Mr. Skenyon stated that the staff follows the State definition of what a vessel is. Mr. Skenyon stated that a marina housing vessels is by CRMC’s definition, a water- dependent activity – barges count as vessels.

Mr. Izzi motioned, based on staff reports, arguments of counsel, discussion with our counsel, to refer this matter to the hearing officer and if the hearing officer is otherwise engaged, the Chairman or (in the absence of the Chair) the Commissioner, can make the determination that the hearing officer is otherwise occupied.

Dr. Reuter seconded the motion.

Roll call vote by Chair Coia:

Mr. Flynn Aye
Mr. Izzi Aye
Mr. Russolino Aye
Dr. Reuter Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

The motion to send the application to hearing officer/subcommittee was approved on a unanimous vote.

8. ADJOURN

Motion to adjourn:

Motion: Mr. Izzi
Second: Mr. Flynn

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned at 8:02 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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