Minutes

Semi-Monthly Meeting — Full Council —Tuesday, May 28, 2024; 5:00 p.m.
Administration Building, Conference Room A, One Capitol Hill, Providence, RI

 

In accordance with notice to member of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, May 28, 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
Don Gomez
Patricia Reynolds
Stephen Izzi
Kevin Flynn
Joseph Russolino

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Anthony DeSisto, Legal Counsel
Mark Hartmann, Asst Legal Counsel
Amy Silva, Spv Environmental Scientist
Bruce Lofgren, Coastal Policy Analyst
Lisa Turner, Recording Secretary (via zoom)
Ryan Moore, IT
Cynthia Tangney, Court Reporter

1. CALL TO ORDER

Chair Coia called the meeting to order at 6:00 p.m.

Received letter from Catherine Hall, does not seek reappointment and as of date of letter, had resigned. Chair Coia expressed appreciation to Ms. Hall for her years of service.

2. Review/Action of the Minutes of the Previous Meeting – Tuesday, May 14, 2024

Chair Coia called for a motion regarding the minutes for the Tuesday, May 14, 2024 Semi-monthly Meeting.

Motion: Mr. Gomez
Second: Mr. Izzi

Motion carried on unanimous vote.

3. Subcommittee Reports

Mr. Willis updated the Council:

• The Rights-of-Way Subcommittee will convene at 4:00 on Tuesday, July 23, 2024 to review and act on Motions filed by parties involved in the Spring Avenue matter as well as the R. Langseth Motion to be an intervenor.

4. Staff Reports

Mr. Willis reported to the Council:

• None.

5. Revolution Wind Cable Burial Plan, as required by Condition *#A of Assent #B2021-07-005

Mr. Willis introduced this matter for the purpose of the ratification of the cable burial plan.

Mr. Skenyon updated the Council on the status of the project to date and explained that the cable burial plan was a stipulated in the original assent.

No questions of the Council for Mr. Skenyon.

Attorney Robin Main was present on behalf of the applicant as well as Kristen Trudell on behalf of the Revolution Wind cable project.

Public Comment:

Owen O’Rourke asked if debris would be removed if in the way of dredge.

Mr. Skenyon assured that boulders would be moved but if there is an archaeological find, they divert around the site. Mr. Skenyon confirmed that the cable burial is a 24/7 process. Mr. Skenyon confirmed that the aquaculture farms in the area were a part of this process and fully aware.

Mr. Skenyon confirmed for Chair Coia that it is staff’s recommendation for approval of the cable burial plan.

Mr. Gagnon motioned that the Council accept and ratify cable burial plan. Mr. Izzi 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 to approve and ratify the Revolution Wind project cable burial plan was approved unanimously.

6. Applications requiring a Special Exception before the Full Council for Review and Action on Final Decision:

2023-04-094 RI DEPARTMENT OF TRANSPORTATION -- The reconstruction of the East Bay Bike Path bridges over the Barrington River and Palmer River including the installation of new piers, abutments, truss spans, riprap scour protection, and stormwater management. This project requires special exceptions to CRMC Red Book 650-RICR-20-00-1 §1.3.1(L)(3)(c) – alterations to coastal wetlands not designated for preservation adjacent to Type3 Waters §1.3.1(M)(2)(a) – the construction of new public transportation facilities in tidal waters, §1.3.1(G)(3)(c) – the filling on a coastal feature or tidal waters and §1.3.1(J)(3)(a) - the filling in Type 1 and 2 waters is prohibited. Variances are required for (CRMP §1.3.1(B)(3)(a)(6)), filling rather than cutting on causeway slopes and §1.3.1(B)(3)(e)(1)(AA)) filling on slopes steeper than 15 percent. Located at the East Bay Bike Path Bridges, Barrington and Warren, RI.

Loren Doyle, RIDOT and Lori Fisette, RIDOT were both sworn in and identified themselves for the record.

CRMC Staff member Amy Silva addressed the Council explaining the following:

• The application had been heard before the Council in October of 2023 and that two issues were raised regarding impacts to Recreational Fishing and impacts to the abutting property – Atlantic Marine.
• The Council charged RIDOT with answering those concerns.
• Revisions were submitted that included the addition of riprap scour protection on the in-water piers of both bridges.
• The addition of two fishing access areas, one on each river – Pier on Barrington River and bulkhead on Palmer River.
• The Special Exception is for the retaining and improvement of an earthen bulkhead as one of the fishing access areas.
• The bike path span remains 14-feet wide – 10’ path with 2’ on each side of path.
• RIDOT had a Hydraulic Analysis done of the Barrington River to investigate concerns raised by the abutting marina. The results indicate that the water flow had increased but did not impact the marina.
• The Resubmitted application was sent to Public Notice twice due to changes in the application which
  required the Special Exception.
• Objections were received and considered by staff and were considered by staff to not rise to the
  definition of substantive objection.
• It is staff’s opinion that the applicant has met the burden of proof for the variance as well as the
  Special Exception criteria.
• The riprap/scour is not a fix for the tidal flow as it relates to the marina.
• The DOT stated that the width is driven by the limitations of a prefabricated structure, as well as the existing overhead wires and challenges involved with installation of that structure. The application narrative that DOT submitted states additional widening would require a substantial volume of fill within tidal waters, particularly given the increased bridge height and would introduce fill to coastal wetland previously.
• Bike path bridge is proposed to be a truss system making fishing from the bridge difficult due to structural nature of the bridge.
• The objection by the property owner on the other side of the bike path was resolved due to the additional fishing access areas on the other side of the river.

No further questions from the Council to CRMC staff member Amy Silva.

Also, along with RIDOT representatives, the following were sworn in and identified for the record:

Chris Hund, VHB
Andres Aveledo, Aetna Bridge Co.
Jeff Klein, VHB

Loren Doyle, RIDOT representative, addressed the Council agreeing with Ms. Silva’s coverage of the project and added the following:

• Fishing access and Hydraulic Analysis study done.
• Informational meetings have been held and outreach has been done throughout the process.

Andres Aveledo, Project Manager with Aetna Bridge Company, addressed the Council and added the following:

• Primary goals are for the replacement of the former bike path bridges, restore connectivity to the East Bay Bike Path, improve navigation by eliminating bridge piers and increasing vertical clearance – requirement of the Coast Guard, and provide a widened bike and pedestrian shared-use path.
• Remove the existing temporary detour path and restore the roadway to its original conditions.
• Independent structures at each bridge to enhance access at the site.
• Widening the structure is inhibited by strong tidal currents which also complicate barge related activities.
• Correction of staff report – there is no distinction between the 10-foot area for bikes or 2-foot area 2-foot shoulders. There's just a 14-foot-wide deck with, you know, railing space that's 14 feet apart from each other.
• Explanation of fishing access areas/stations with parking providing better fishing situations for
  anglers. Also, RIDOT will not stop fishing from the bridge.

Jeff Klein with VHB addressed the Council on the Hydraulic modeling.

• There were three different models that were done: daily tides, highest astronomical tides and 10-year storms.
• First this was done under the physical condition of the bridge before it was removed using hydraulic data from the geometry of how that bridge was laid out with all the pilings.
• A model was done about what is happening in present conditions showing the flows along the river that have increased since the demolition.
• A model was done of the proposed bridge including the riprap to protect the abutments and also provides some benefits for the flows in the area.
• From the graphics that we presented in the hydraulic analysis report is that the prior bridge hydraulic modeling lines up fairly well with the proposed bridge hydraulic modeling overall as a water velocity, a speed, flow rates.

Mr. Flynn asked about the timeline for closure of this area of the Bike Path.

Ms. Fisette stated that the bridge was closed in 2019, design-build contract awarded in 2022, Phase I demolition approved on May 17, 2023 and the demolition was completed in 2023. There was discussion about the conceptualization process and the bid process. Ms. Fisette confirmed that they could not proceed past 30 percent, which is the requirement in order to complete the NEPA documentation required by Federal Highway.

Mr. Aveledo confirmed that the Rte 114 Bridges do allow for fishing and Ms. Fisette stated that they will improve the signage on those bridges concerning fishing access.

Discussion on fishing access and feasibility of many fishing at one time.

Ms. Fisette stated that the original bridge was built in 1880 and that the primary use of the bridge was a railroad bridge. Ms. Fisette stated that fishing was a gratuitous allowance on the bridges. Ms. Fisette stated that the proposed bridges would not prohibit fishing.

Mr. DeSisto confirmed that DOT and DEM regulate the activities for the bridge – not the local municipality.

Nothing further from the applicant.

Public Comment:

Objection to application:

Michael Woods – NE Chapter of Backcountry Hunters & Anglers

• Objection to limiting fishing access.
• Commendable that plans provide for ADA Compliance for fishing
• Asks the Council to put in writing that fishing is allowed from the bridge, riprap and road.

Jane Mainella – Atlantic Marine

• Abuts Barrington Bridge
• Expressed concerns about the tidal flow and the effect it will have on their docks and the boating of patrons.
• Expressed concern regarding lack of public outreach from RIDOT.
• Meeting with Harbormaster, RIDOT and A. Aveledo on May 24th
• Expressed concerns that the riprap/scour will interfere with boats maneuvering from the docks.
• Owen O’Rourke came up to help Ms. Mainella and stated that the riprap was encroaching onto the marina and that the boats of a certain size and up would be in danger of hitting the rocks.
• Mr. O’Rourke stated that this area was the only place in the marina where larger boats would fit and the new riprap will limit the size of the boats.
• Further discussion of the riprap wall and its location in regard to the Marina Perimeter Limit.

Recess ----- back at 7:38

Mr. O’Rourke asked if there could be better communication between Ms. Mainella and RIDOT concerning design.

Christopher Lowe – Abutter on other side of the bridge.

Expressed concerns about the Public Access in regard to privacy and noise generation of fishermen. Expressed concerns for safety.
Expressed concern about his rights to have a dock on his property in this location.

Close public comment

Chair Coia asked the applicant to come forward.

RIDOT representative responded to the comments.

Ms. Fisette explained that RIDOT had had two in-person meetings with the marina and has been in communication with the marina.

Mr. Aveledo responded to the engineering concerns with the following:

• The bridge design will improve the tidal flow problem.
• The proposed riprap is within the state ROW
• The wall proposed is a precast block wall and the riprap will provide stability with minimal encroachment with riprap that currently exists.

Questions from Council to applicant:

Ms. Fisette and Mr. Aveledo confirmed for the Council that restoring the bike path would help with safety issues.

Chair Coia asked if any other bridge allows fishing? Mr. Aveledo stated that the Rte 114 bridge as well as the two bike path bridges.

Chair Coia asked about the size of the new fishing area. Mr. Aveledo stated that it was 25’ at the terminus of the bulkhead providing approximately 40’ for the purposes of fishing/recreating.

Mr. Aveledo stated that the riprap would be about 6 to 8’ from the MPL No further questions from the Council

Nothing further from the applicant.

Chair Coia asked Ms. Silva if there was more to add.

Ms. Silva reiterated that it was staff conclusion that the objections did not rise to substantive, that staff believed that the burdens for the variance had been met as well as the burdens for the special exception had been met.

No further questions to Ms. Silva.

Special Exception first

Mr. Gomez motioned for the approval of the special exception. Mr. Russolino seconded the motion.

There was no discussion on the motion.

Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn No
Mr. Izzi No
Mr. Gomez Aye
Chair Coia Aye

Ms. Reynolds added with her vote that she had read the October 2023 record and was confident in her vote.

Chair Coia motioned to approve the application and variance sought based on evidence, application, staff opinions and information reviewed.

Seconded by Ms. Reynolds

Roll call vote by Chair Coia:
Mr. Russolino Aye
Mr. Gagnon Aye
Ms. Reynolds Aye
Mr. Flynn No
Mr. Izzi No
Mr. Gomez Aye
Chair Coia Aye

Motion approved.

Chair Coia thanked RIDOT for their presentation.

7. Proposed Rulemaking before the Council for Review and Action:

Management Procedures (650-RICR-10-00-1)

Section 1.4.6(A)(10) Beach Vehicle Permits: Eliminate 3-day Beach Vehicle Permit

Section 1.5.12 Permit Extensions – Eliminate 4th extension request – keep three one-year extensions.

Mr. Lofgren addressed the Council explaining:

• Both sections were reviewed by P & P.
• Rulemaking was initiated on March 16, 2024
• Public hearing on April 9th, 2024
• Public comment ended on April 26th, 2024.
• No Comments received.
• Staff would recommend adopting as proposed.

No questions from the Council.

Ms. Reynolds motioned to approve.
Seconded by Mr. Flynn and Mr. Gagnon

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 to approve regulatory change.

8. ADJOURN

Motion to adjourn:

Motion: Mr. Izzi
Second: Mr. Russolino

Motion to adjourn approved on a unanimous voice vote.

The meeting was adjourned 7:15 pm.

 

Minutes respectfully submitted,

Lisa A. Turner
Recording Secretary