In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, May 27, 2003 at 7:00 PM at the Department of Administration – Conference Rooms B & C – One Capitol Hill, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Rep. Eileen Naughton
Dave Abedon
Ray Coia
Neill Gray
Joe Shekarchi
Jan Reitsma
Jerry Sahagian
Tom Ricci
Senator Susan Sosnowksi
Pamela Pogue

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Mike DeVeau, CRMC Engineer
Dave Alves, CRMC Aquaculture Coordinator
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.

Mr. Shekarchi, seconded by Mr. Coia moved approval of the May 13, 2003 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

4. CONTINUANCES:

2003-10-004 HARBOR ISLAND IMPROVEMENT ASSOCIATION – Construct a residential boating facility (Association dock) to consist of a: 4’ x 48’ fixed timber pier, a 2’ x 15’ ramp and three (3) floats (4’ x 36’) totaling 144 square feet. The proposed (Association) dock will extend to 48-feet beyond mean low water (MLW). Located at Plat Y-1, Lot 238; Wheatfield Cove Road, Narragansett, RI.

The applicant was not present. Chair Tikoian stated that the objectors’ attorney requested a continuance on the application as their expert witness was not available. Chair Tikoian continued the application.

2002-03-058 RICHARD AND JOAN JOHNSTON – Construct a three (3) bedroom, single family, dwelling with attached garage and driveway. The proposed dwelling is serviced by a DEM-ISDS approved septic system and Town water Supply (see attached plans). The proposed dwelling is located within 25-feet of the most inland coastal feature. Located at Plat 89, Lot 192; Clinton Drive, North Kingstown, RI.

Chair Tikoian stated that the applicants and staff wish to discuss the issues of concern to see if they can iron them out. Chair Tikoian continued the application.

Salt Ponds Region Special Area Management Plan
Revise Paragraph (c ) of Section 920.1.A.2

Revise Paragraph (c ) of Section 920.1.B.2
and
Narrow River Special Area Management Plan
Revise Paragraph (c ) of Section 920.1.A.2

Revise Paragraph (c ) of Section 920.1.B.2

Chair Tikoian stated that new language had been provided to the executive director regarding the Salt Ponds and Narrow River Special Area Management Plan and the executive director is comfortable with the proposed language but wanted to discuss it with staff. Chair Tikoian continued the public hearing.

2003-04-015 TOWN OF CHARLESTOWN – Construct and maintain a dock to be utilized by the Town Harbormaster and by other Town Public Safety Personnel. The proposed structure is to consist of a 5 foot wide by 70+/- foot fixed pier with a ramp that leads to a 150 SF terminal float. The structure will extend 75’+/- seaward of the cited Mean Low Water mark. The applicant also proposes to remove from tidal waters stones from a remnant dock. Located at Plat 12, Roadway ROW, Terminus of Town Dock Road, Charlestown, RI.

Richard Sartor, Charlestown Town Administrator was present on behalf of the application. Mr. Reis gave council members a brief summary of the application. Mr. Reis stated that the application was to construct a harbormaster’s dock in Ninigret Pond. Mr. Reis stated that the staff engineer and biologist recommended approval of the application. Mr. Reis stated that Item #2 of the staff report had a question on what regulations would apply to a harbormaster dock. Mr. Sartor said the dock was at the end of the town dock road and they felt there was always a dock there and wanted to replace it. Mr. Ricci, seconded by Mr. Reitsma moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2002-10-038 DAVID ROEBUCK – Proposed approximately 3 acre aquaculture farm to grow the American Oyster. Proposed farm will be sited in Point Judith Pond, just to the northeast of Thomas Point and south of Jonathan Island.

David Roebuck, the applicant was present. There were nine people in favor of the application and six objectors to the application. Mr. Alves gave council members a brief summary of the application. Mr. Alves stated that the application was for an aquaculture site. Mr. Alves stated that the objectors were opposed to the location of the aquaculture site and the applicant moved the site. Mr. Alves felt the new site addressed the objectors concerns. Mr. Alves said that staff recommended approval of the application.

Objectors.

Maurice Loontjens, an objector, stated that he objected to the location of the aquaculture site because of navigational hazards. Mr. Alves asked if he had seen the new map location of the aquaculture site. Mr. Loontjens replied yes. Jim Baldwin, an objector stated that he lives across the street from the pond and felt there would be navigational problems because of the depths at low tide were a problem. Mr. Baldwin stated that the aquaculture site would be 260 feet off his property. Mr. Alves replied that the site was now 960 feet away from his property and out of the channel. Mr. Baldwin submitted photographs which depicted the pond at low tide he had taken in November 2002 as exhibits. Jim Hoyt, an objector, was concerned with navigational issues and the amount of navigable water at low tide. Mr. Hoyt felt the new site addressed this and looked a little bit better. Mr. Hoyt wanted to know if this would be natural feed or additional feed being used. Mr. Roeback replied there would be no additional feed only natural feed. Mr. Hoyt felt chemicals used would decrease vegetation and life underwater. Mr. Hoyt wanted to make sure this did not cause pollution in the pond. Mr. Alves explained that no feed would be used at this site and they would be using filter feeders. Mr. Alves felt shellfish aquaculture was beneficial to the water and environment. Mr. Alves said no chemicals were being added to the water. Mr. Alves addressed the navigational concerns raised. Mr. Alves stated that the new site has 7 feet of water at low tide and that the traps are in 1 foot of water with 6 feet of water above the traps. Mr. Alves said the aquaculture site would be marked by buoys as requested by the town and placed 10 to 20 feet apart and there would only be one line of buoys. Mr. Alves stated that there is no master plan for aquaculture in Rhode Island but there are rules and regulations for aquacultures and where they could be located. Dan Scotti, an objector, stated that he was concerned with mitigation of the risks of the traps in the pond. Mr. Alves explained that all aquacultures have a lease hold use of the pond and they are required to put up a performance bond a minimum of $5,000 depending on the site of the aquaculture site which is used to remove equipment if left by the applicant. Mr. Scotti had a question on hardening of the oysters and there being placed on the beach to harden. Mr. Avles stated that this was not part of the application and was not done in Rhode Island. Mr. Alves said the seed used in the aquaculture is approved by CRMC and DEM and all seed has a pathology report. Mr. Scotti felt this was a constricted waterway and he was concerned with navigational issues. John Long, an objector, Great Island Association, said he had navigational concerns and felt there could be a problem with night boating. Mr. Long asked if the traps were stacked. Mr. Roebuck replied that the traps are stacked but they are only a foot high and there is 7 feet of water at low tide. Chair Tikoian explained that the leases are for 10 years and reviewed every year. Mr. Long felt this was a recreational area and the pond would be shot. Mr. Long wanted the council to deny the application. Vice Chair Lemont disagreed that the pond would be shot. Ms. Pogue asked Mr. Alves how many houses around the pond used sewers. Mr. Alves replied none, they are all have ISDS systems. Ms. Pogue felt the ISDS systems would cause more harm to the pond than the aquaculture. Russell Vaughn, an objector, was opposed to the application because he felt it was an obstruction of the tidal flow. Mr. Vaughn felt this would have a negative effect on the pond and would restrict shellfishing in this area. Mr. Vaughn stated that the pond is used for recreational and commercial uses. Mr. Loonjtens felt the mixed uses of the pond were important in this area. Mr. Loonjtens said the harbormaster was not available to testify. Mr. Alves informed the council that the harbormaster did not attend any of the meetings on this. Chair Tikoian stated that staff had not heard anything from the harbormaster regarding the navigational concerns or the buoys. Mr. Alves stated that applicant is required to have 4 inch letters with CRMC and the assent number on them. Mr. Shekarchi asked if the town council voted for or against this project. Mr. Loontjens stated that the town council did not vote on the application.

In favor of application.

Perry Raso, was in favor of the application and felt this would increase the well being of the water. Dr. Robert Rheault, stated that he was in favor of the application and felt there would be no navigational problems. Dr. Rheault said he has the same type of lease and same water depths as this site and people travel over his lease area without any problems. Chair Tikoian asked if he study the quality of the water over a ten year period. Dr. Rheault said this was hard because a lot of the summer homes are being turned into full time residential homes and mansions. Robert Krause, was in favor of the application and wanted the council to approve the application. Don Roebuck, a commercial fisherman, was in favor of the application and felt aquaculture is something Rhode Island needs. Alan Coggeshill, was in favor of the application and felt the applicant had addressed the concerns of the objectors by moving the aquaculture site. Orion Archibeault, stated that he was in favor of the application and felt the pond was amazing and keeps reproducing. Mr. Archibeault encouraged the applicant to go ahead with his application. Mr. Archibeault wanted to have sewers put in this area to protect the pond. Edward Shuney, was in favor of the application and felt there was plenty of water for an aquaculture and there would not be any navigational hazards and felt this was a null issue. Mr. Shuney was in favor of aquaculture. Dave Roebuck was in favor of the application and felt that aquaculture should be encouraged. Mr. Roebuck, the applicant stated that he had a petition signed by over 30 people who are in favor of the application. Mr. Roebuck submitted the petition to the council as an exhibit. Mr. Abedon asked what the tidal dynamic was. Mr. Alves replied that a hanging suspended structure changes the tidal dynamic because it causes a change in the tidal flow or sedimentation. Mr. Reitsma stated that the Chair mentioned there was a reason why there is no aquaculture management plan. Chair Tikoian replied there is no comprehensive plan because of the lack of funding and that every aquaculture application is handled on a case by case basis. Chair Tikoian stated that they have created a data base for aquacultures. Chair Tikoian said they are monitored and the aquaculture sites are visited at least once a week by Mr. Alves. Mr. Shekarchi asked if there were any other aquacultures in this area. Mr. Alves said there is a 2 acre site about a mile to the north of this site. Mr. Shekarchi asked if there were any problems at the other site. Mr. Alves replied no. Rep. Naughton, seconded by Mr. Reitsma moved approval of the application with all staff stipulations. Senator Sosnowski felt this was an interesting subject and was glad to hear that the commercial fisherman were in favor of the application. Senator Sosnowski complimented staff on their work on the application. The motion was carried on a unanimous voice vote.

2003-04-122 EASTERN RESORTS CO., LLC – Expand existing marina, per plan. Construct new seawall/bulkhead seaward of existing deteriorated bulkhead (Approx. 135 linear feet total length). Located at Plat 16; Lots 158, 139, 143.4; the “Inn at Long Wharf”; 128 Long Wharf, Newport, RI.

Robert Gentry, Vice President of Eastern Resorts Co., LLC, the applicant was present. Blake Henderson, the applicant’s engineer was also present. Mr. Reis made a brief statement on the application. Mr. Reis stated that this was an application to expand an existing marina and a new bulkhead. Mr. Reis said the staff engineer’s report wanted to make sure there was adequate sanitary facilities and a parking plan. Mr. Reis said there was a problem with the setback requirement from the federal channel. Mr. Reis stated that the expansion was 18 feet and the setback required is 54 feet and a variance was required. Mr. Henderson said the existing marina had structural problems and they found out that no marina perimeter was filed for the bulkhead area. Mr. Henderson stated that they are removing the existing commercial dock taking out the fixed pier and replacing it with 3 floats. Chair Tikoian asked if the boat at the end of the existing pier was part of the applicant’s property. Mr. Henderson said yes it demonstrated where Eastern Resorts property is and where the federal channel is. Chair Tikoian stated that the applicant has a pier that currently abuts the federal channel. Mr. Henderson replied yes. Chair Tikoian asked if plan N-2 was mirroring what is on the right side of the property. Mr. Henderson said yes. Chair Tikoian asked if this already abuts the federal channel and they are only mirroring what is there now what is the problem. Mr. Reis said the existing commercial dock is being removed and this changes the use of the property and new regulations fall into place. Mr. Gentry said there was seasonal use of the dock for recreational boaters and commercial fisherman and the use of the dock has not changed. Chair Tikoian asked if the use of the dock has not change does staff concerns still apply. Mr. Reis said this was not a permitted marina use in this area at this time. Mr. Gray was concerned with the applicant filling 6 feet out to put in a new bulkhead in. Mr. Gray had a question on standard maintenance practice or filling of tidal waters. Mr. Reis said the building over hangs water and the applicant was filling out 6 feet does raise concern. Mr. Reis said the engineer looked at the construction and had no problem with this.. Mr. Gray said the overhang was an outside deck and was overhanging the bulkhead. Mr. Gray stated that it is now a closed-in area and became a permanent structure. Chair Tikoian said today you cannot build over water under the current CRMC policies. Mr. Gray was still concerned with 6 feet of filling and wanted to have public access which does not have public access now. Mr. Gray said there would now be an accessible path for public access in the applicants report. Mr. Henderson said there is no pathway over the bulkhead. Mr. Henderson said this referred to the overall facility repair. Mr. Gray said he could not support a 6 foot fill to replace an old bulkhead with a new bulkhead. Mr. Gray said the only way he could support the application was if there was public access provided. Mr. Gray felt this could be accommodated. Chair Tikoian asked if the 6 feet was all the way across or if it was jagged. Mr. Henderson said it is consistently 6 feet because of the overhang of the building. Mr. Reitsma said he had some concerns and wanted to know where the public access was. Mr. Henderson said for the bulkhead on the west side of the property. Mr. Gentry said the public access is on the west side of the property. Mr. Gentry felt they could not have continuous public access because of the Newport Yacht Club. Mr. Gentry said they have local support for the application. Mr. Reitsma said the capacity will increase by 15 boats to 40 boats. Mr. Henderson said they are just moving 15 slips to other dock not increasing the number of slips. Mr. Henderson stated that they are removing an existing dock and replacing it with 3 floats. Mr. Reitsma asked about the reference to float that should not be there, the C&D issued and if a consent order was entered into. Mr. Reis stated that any floats that are there now are not part of what is allowed now. Mr. Reitsma said it noted that they had to be removed by May 1st if there was no consent order. Mr. Gentry replied that the floats had been removed and he applied for permit to put them back in the water. Mr. Reitsma asked if the public comment period was closed or not. Chair Tikoian stated that the public comment period was until June 1st and if the assent was approved it would be held until June 1st if no comments were received. Chair Tikoian stated that if there is a substantive objection received the application would come back before the full council. Mr. Reitsma wanted to make sure local authority had been received on the applicant. Mr. Reitsma stated that the applicant needed to have WQC and Army Corps permits before an assent could be issued if the application was approved. Mr. Henderson said they applied to DEM for the WQC today. Mr. Reitsma felt the applicant should have other permits before it comes before the council. Mr. Gentry said they received local approvals from planning and also from the Waterfront Commission and Harbor Commission. Mr. Gray asked if there were any stipulations on those approvals. Mr. Henderson replied that the Waterfront Commission required a 10’ extension for a dinghy and they could modify the application to do this. Mr. Gray said the applicant is going before the City Council on May 29th and felt this was putting the cart before the horse. Ms. Pogue felt she could not make a decision on the application as there were outstanding issues which needed to be addressed such as WQC, DEM permits, local decision and stipulations. Ms. Pogue felt the application was not complete to vote on. Chair Tikoian said the council could continue the application 2 weeks to address the concerns raised by members. Vice Chair Lemont asked if the applicant could come back in two weeks with a completed application. Mr. Henderson said the problem with the marina perimeter was brought to their attention when they filed for an emergency assent and that was why the application was being heard to address this issue. Mr. Reitsma asked when they became aware of this. Mr. Gentry said late March early April. Chair Tikoian suggested that the application be continued two weeks. Vice Chair Lemont, seconded by Mr. Gray moved to continue the application for two weeks. Mr. Abedon asked what happens if the permits are not received within the two weeks. Chair Tikoian said the application would reviewed before it comes back to the full council. The motion was carried on a unanimous voice vote.

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

Management Procedures:

Management Procedures: Section 5.12. Permit Extensions (Revise)

Chair Tikoian opened the public hearing. Mr. Fugate stated that this was a regulatory change on permit extensions. Mr. Fugate said this was clarification on permit extensions by changing the word “assent” to permit “extension”. Mr. Fugate said the council could extend the extension for more than one year. Chair Tikoian called for public comment. There was none. Chair Tikoian closed the public hearing. Mr. Reitsma, seconded by Rep. Naughton moved approval of the change to Section 5.12 Permit Extensions. The motion was carried on a unanimous voice vote.

8. Enforcement Report – April 2003

There were none held.

9. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 8:45 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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