In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, April 8, 2003 at 7:00 PM at the Administration Building, One Capitol Hill, Providence, RI, Conference Room B, 2nd Floor.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Rep. Eileen Naughton
Rep. Jan Malik
Sen. Sue Sosnowski
Jerry Sahagian
Neil Gray
Joe Shekarchi
Dave Abedon
Tom Ricci

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Brian Goldman, Legal Council

1. Chair Tikoian called the meeting to order at 7:05 PM.

Chair Tikoian brief statement of clarification on the council’s permitting process.

Chair Tikoian read through the agenda to see which applicants/attorneys were present.

Chair Tikoian stated that

Vice Chair Lemont, motioned approval of the March 25, 2003 minutes. Neil Gray stated that he had a correction; he had abstained from voting in item #6. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate informed the Council of an Experimental Aquaculture project funded by the RI Aquaculture Initiative. Mr. Fugate stated that Dr. Bob Rheault was to conduct experiments using an upweller powered by an alternative energy source to be located on one of his existing leases.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

4. CONTINUANCES

2002-06-054 ROCCO D’ANGELO – Construct and maintain a single family dwelling to be serviced by municipal sewer and water. A minimum 12’ buffer zone is requested therefore a variance of 38’ is required to the 50’ buffer zone standard (ref. RICRMP Section 150 Coastal Buffer Zones). Also variance to RICRMP Section 140 Setbacks is required. Required setback is 50’ minimum from the coastal feature and 25’ from coastal buffer zone. (Proposed dwelling is the 17’ from coastal feature and 5’ from the coastal buffer zone). Located at plat N-E, lot 3, 4, and 5; Circuit Drive, Narragansett, RI

The applicants were not present. Chair Tikoian stated that a written request for continuance had been received from two sources, the Narrow River Preservation Association and Attorney DeSimone. Chair Tikoian continued the application.

5. APPLICATION REQUESTING SPECIAL EXCEPTION BEFORE THE FULL COUNCIL:

2002-11-087 TOWN OF JAMESTOWN – Construct 450-foot extension to existing nature trails and construction of a wooden wildlife viewing platform. A Special Exception is required to establish trails and construct the viewing platform in coastal wetlands pursuant to the RICRMP Section 130. The proposed project location is plat 7, lot 4; Conanicut Island, East Shore Road, Jamestown, RI.

Attorney Bruce Licht was present to represent Town of Jamestown. Also present was representative of the Jamestown Conservation Commission and Eagle Scout candidate Stephen Walsh. CRMC staff member David Reis gave the Council a brief summary of project stating that applicant met burdens of proof for requirements of Special Exception. Mr. Reis also stated that the project met Coastal Resources Freshwater Wetland in the Vicinity of the Coast regulations. Mr. Reis stated that there were no staff objections to proposed activity. Mr. Tikoian opened the public hearing for Special Exception. Mr. Licht stated that Stephen Walsh was a candidate for the rank of Eagle Scout and the proposed project was his Eagle Scout project which he had presented to the Town of Jamestown’s Conservation Commission. Mr. Licht stated that the project was endorsed by the Conservation Commission and the Town Council, and that the Town felt this would be a valuable asset to the Town. Mr. Tikoian asked the present condition of the existing trail. Stephen Walsh was sworn in and gave testimony on the conditions of the existing trail and his proposed project. Chair Tikoian closed public hearing. Mr. Lemont motioned approval of Special Exception. Rep. Naughton seconded motion. Chair Tikoian called for a roll call vote.

Sen. Sosnowski Yes Mr. Shekarchi Yes
Mr. Abedon Yes Rep. Naughton Yes
Vice Chair Lemont Yes Mr. Gray Yes
Mr. Ricci Yes Mr. Sahagian Yes
Chair Tikoian Yes

Special Exception granted.

Mr. Lemont motioned approval of application with Special Exception. Rep. Naughton seconded approval.

Mr. Gray inquired as to whether the proposed structure was drawn by professional and that if we approve project without proper engineering is the Council liable if public gets hurt. Mr. Reis stated that the plans submitted to the office with application were approved by the Jamestown Building Official.

Chair Tikoian asked Mr. Licht if there were a chain of responsibility in terms of the completion of the project. Mr. Licht stated that that the Conservation Commission would make sure the project was completed within the time frame the assent allowed.

Motion for approval was carried on a unanimous voice vote.

6. APPLICATIONS REQUESTING ADMINISTRATIVE APPROVAL BEFORE THE FULL COUNCIL:

2002-11-012 KURT PAHL – Construct and maintain three bedroom, single family, seasonal residence supported by driven wooden piles and RIDEM approved ISDS. Located at plat 167, lot 62; 420 Atlantic Avenue, Westerly, RI.

Attorney Robert LaMountain was present for the applicant. Mr. Reis gave the Council a brief summary of the application and stated that Staff recommended approval of application with variances. Mr. LaMountain stated that a previous assent had been granted for property; file No. B85-7-3. Mr. LaMountain stated that he was authorized to bind the applicant to stipulations set forth at meeting. Mr. LaMountain stated that he was aware of all stipulations of CRMC staff and was in full agreement with all three stipulations. Mr. Sahagian motioned approval of application with both variances. Motion seconded by Mr. Shekarchi. Application approved on a unanimous voice vote.

2002-01-006 ELIZA N. FISH – Construct and maintain a single family dwelling. Located at plat R, lot 276; Saltaire Avenue, Narragansett, RI.

Present for this application were Mrs. Judith Chofay, who is purchasing the property, her son, Ronald Chofay and Attorney Donald Packer representing the buyer. Mr. David Reis gave Council members a brief summary on the application. Mr. Reis stated that the regulations state a 75’ buffer needed. Mr. Reis stated that application proposed a 21’ setback for the coastal feature with an associated 15’ buffer. Mr. Reis stated that staff did have some concern with the project but in reviewing the application, staff acknowledges the good faith effort on the part of the applicant to minimize the variances. Mr. Tikoian asked Mr. Reis, as Biologist staff Supervisor, if he was comfortable with granting permit on this lot in terms of dwelling dimensions. Mr. Reis stated that he felt the dwelling was an appropriate size for this lot and that the applicant is proposing a reasonable use of the property. Mr. Packer stated that the Narragansett Town Council had postponed the hearing on Fish application due to some zoning regulations in the Town. Mr. Packer asked for Council staff assistance in working with the Town of Narragansett as the Town regulation change would affect CRMC regulations. Chair Tikoian acknowledged that CRMC does not like to get involved in local political issues; however, Mr. Fugate stated that Mr. Packer could contact Mr. Willis, Deputy Director of CRMC in getting a letter. Mr. Sahagian explained Town of Narragansett regulations to the Council. Chair Tikoian asked if applicant was aware of staff report and stipulations. Mrs. Chofay stated that she was. Mr. Sahagian motioned approval of application with stipulations. The motion was seconded by Mr. Ricci. Application was approved on a unanimous voice vote.

7. APPLICATIONS THAT HAVE BEEN OUT TO PUBLIC NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2002-06-093 William & Lisa Medeiros, Dorothy Carreiro, Diane Gallison – Construct and maintain a residential boating facility consisting of a fixed timber pier, a ramp and several floating docks. The dock is to be a common facility serving the above applicants and they seek a variance to install 320 sq. ft. of floating dock, 170 sq. ft. in excess of the maximum sq. ft. allowed by section 300.4.E.3.d. of the RICRMP. The applicants also seek a 25’ length variance to RICRMP standard 300.4.E.3.k. as the proposed facility is to extend 75 feet seaward of the cited mean low water mark. Located at plat 151, lot 5; 56 King Phillip Avenue, Bristol, RI.

William and Lisa Medeiros and Mr. Carriero, the applicants, were present. Mr. Reis gave the Council a brief summary of the proposed dock application. Mr. Reis stated that the dock that would be shared by three property owners required two variances: a 25’ length variance and a 170 square foot float size variance. Mr. Reis stated that staff members felt variances were reasonable particularly when faced with the fact that the dock will be owned by three property owners, and, therefore, offered no objections in their staff reports. Application decision deferred to the Council to consider objections. Mr. Medeiros was sworn in. Mr. Medeiros stated that their engineer was not available to attend the meeting but sent in a statement on their behalf. Statement from Mr. Blanchard was read into the transcript. Also, in attendance were Peter Ricci, Steve Ricci and James Ricci, objectors to this application. Mr. Peter Ricci was sworn in. Mr. Ricci stated that he had put together and submitted an objection package which was signed by all three parties objecting to construction of the dock. Mr. Ricci stated that the main objections. The first objection being that the lots in this area were long and narrow and that the dock was to be owned by three property owners but not three consecutive lots and the Ricci’s property located in the middle of these properties. Mr. Ricci stated that he felt there would be problems with the owner of the third lot involved gaining access to the dock by trespassing over the Ricci property to get to the dock. Mr. Ricci stated that another reason for objecting to the construction of this dock is that there was no neighborhood association formed in conjunction with this dock. Mr. Ricci stated his concern was for the maintenance of the dock; who would be responsible for the maintenance in the event that one owner sells their lot; creation of a fund for maintenance of dock. Mr. Ricci stated a third reason for objecting to the dock is that there are not other docks in the immediate area and that the one dock would be detrimental to the appearance of the waterfront. Chair Tikoian clarified ownership of lots and which lot the dock would be built from. Mr. Medeiros stated that the dock would be built from his property. Mr. Goldman stated that the assent would require that the owner maintain the dock and that the assent would transfer along with any transfer of the property. Mr. Goldman stated that in the event that Mr. Medeiros sold his property and the dock came into disrepair, the new owner of the property would either have to repair the dock or dismantle it. Mr. Goldman also stated that assents are recorded in the land evidence records for the property and that the new owner would by that recorded assent be apprised of the stipulations in the assent. Mr. Ricci stated that because their lot is in the middle of the three lots that will own the dock, there will be more traffic back and forth on behalf of the non abutting owner of the dock which potentially will mean an increase in the trespassing on the Ricci property. Chair Tikoian asked Mr. Ricci to explain conditions of the property down to the water. Mr. Ricci stated that his property was grass to the beach sand. Chair Tikoian asked Mr. Ricci if he understood Public Access Rights. Mr. Ricci stated that he understood public access rights below Mean High Tide. Mr. Tikoian allowed Mr. Medeiros to respond to this particular objection and Mr. Medeiros stated that he could not vouch for other people and what they do but on his part he would try not to trespass on Mr. Ricci’s property. Mr. Ricci stated that Mr. Medeiros’ lot is very crowded and contains many items and looks very congested. Mr. Lemont asked Mr. Ricci if he would clarify Bullet #2 of objection package. Mr. Ricci stated that he had a mooring and the proposed dock would interfere with this mooring. Mr. Lemont stated that if the dock is built and the Ricci boat swings into Mr. Medeiros’ riparian lines, and the dock is properly constructed, the Ricci boat is infringing on his territory. Council member Thomas Ricci stated for the record that he was not related to the Ricci’s objecting to the dock application. Mr. Steve Ricci is sworn in. Mr. S. Ricci stated that the lots in this area are 50’ wide and the dock requires a width variance as well as a length variance. Mr. S. Ricci stated that the grade of land down into the water and that they have lost a significant amount of land over the years to erosion. Mr. S. Ricci stated that he was concerned that the dock may cause more land loss for them. Chair Tikoian read section 300.4.B.2 in regards to trying to encourage the minimization of docks. Mr. Gray raised concern over the elevation of the dock in regards to lateral access from high water to low water at high water is only 4.5’ so it is too low for people who are walking along the beach to have lateral access. Mr. Gray proposed two solutions. Mr. Gray stated that the applicant’s could put side stairs to allow access over the dock or the applicant’s could raise deck level of the dock so that people can go underneath it. Mr. Medeiros agreed to raise the dock to allow for lateral access. Mr. Sahagian asked Mr. Medeiros to clarify his statement in regards to trespassing over Mr. Ricci’s property. Mr. Ricci stated that he respects the rights of the Riccis and states that he will not trespass on their property. Mr. Goldman stated that in the motion it should be stipulated that each additional property owner cannot apply for their own dock in the future while this dock remains. Mr. Sahagian motioned approval of dock application with stipulation that application increase height of dock by 6”, stipulation for no other docks from three owners, and the standard maintenance of dock stipulations. Motion seconded by Sen. Sosnowski. The motion carried on a unanimous voice vote.

7. PUBLIC HEARING ON CHANGES TO THE RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM:

Rhode Island Coastal Resources Management Program
Maps of Water Use Categories
Prudence Island Quadrangle
Revise existing Type 2 waters around Dyer Island to Type 1 waters.

Mr. Fugate gave the Council a background for program change. Mr. Fugate stated that the program change is coming out of the National Estuarine Research Reserve. Letter received from DEM requesting a water type change. Mr. Fugate stated that CRMC staff has reviewed request and had no objection to a water type change. Chair Tikoian opened public hearing on water type change. No one was present for or against. Public Hearing closed. Mr. Lemont moved, seconded by Mr. Ricci, approval of program change. The motion carried on a unanimous voice vote.

8. Category “A” List

There were none held.

There being no further business to discuss before the Council, the meeting was adjourned at 7:50 p.m.

Respectfully submitted,

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