In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, September 9, 2003 at 6:00 PM at the Department of Administration – Conference Rooms B & C – One Capitol Hill, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Jan Reitsma
Jerry Zarrella
Jerry Sahagian
Neill Gray
Laurence Ehrhardt
Rep. Eileen Naughton
Joe Paolino
Sen. Dan DaPonte

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
Dan Goulet, CRMC Dredging Coordinator
Brian Goldman, Legal Council

1. Chair Tikoian called the meeting to order at 6:05 PM.

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

Chair Tikoian welcomed new council member Jerry Zarrella to the council

Mr. Gray requested that the minutes be amended on page 5 to amend the vote as 9 Affirmative and 2 Negative and Page 9 Line 9 delete “requesting alternating” add “building”; Page 9 line 23 delete the word “and” and add “but” and delete the word “in”and add “to”; delete the word “and” from line 24 and add the following language “if 20’ length of dock was used for water taxi”. Mr. Ehrhardt also requested that page 11 line 33 of the minutes be amended as follows add language after Page 6#c “looking for signage at entrance of property that there is a public right-of-way. Vice Chair Lemont, seconded by Mr. Ehrhardt moved approval of the minutes of August 5, 2003 meeting as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate announced that there was an article in the Warwick Beacon regarding the washing up on Conimicut Point and that the material washing up on shore was not from the Army Corps Dredging Project. Mr. Fugate informed council members that the Army Corps would be giving a presentation to the public on September 17th at 5:30 p.m. at the Warwick City Hall to provide data regarding the washing up and to explain that it is highly unlikely that this was caused by dredge materials.

Mr. Fugate stated that URI is working on the water quality problem in Warwick and will be holding a public hearing on September 25th at 5:30 p.m. at the Warwick City Hall to address the sources of pollutants to the water.

Mr. Fugate also stated that URI is also doing chapters on the Warwick SAM Plan and that the water quality issue was going through technical review and the matter would go out to a Citizens Advisory Council and they will hold public hearings to discuss this issue. He also said that Chair Tikoian would be leading the advisory council and the first public meeting will be held on October 8th.

Mr. Fugate passed out a copy of the “Coast Weeks Brochure” to council members which gives a calendar of upcoming coastal events.

Mr. Fugate stated that Chair Tikoian requested that staff give council members an update on the Providence River Dredging Project and Mr. Goulet would be giving the council an update this evening.

Mr. Reitsma addressed the Conimicut Point issue. Mr. Reitsma said that DEM and the Attorney General’s offices have received lots of calls regarding the stench. Mr. Reitsma said they couldn’t confirm that this was caused by raw sewage and there are no leads to the dredge materials. Mr. Reitsma said the problem might be caused by the dying off of clams. He said that DEM is still investigating this.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports

4. CONTINUANCES:

2003-07-002 ROBERT JAKOBER/DIANE WUNSCH – Construct a three bedroom single family dwelling to be serviced by a denitrification type individual sewage disposal system (ISDS), municipal water supply connection, a driveway and associated drainage improvements. Located at Plat N-H, Lots 179, 180, 180A; Wesquage Drive, Narragansett, RI.

The applicants were not present. Chair Tikoian stated that the applicants’ attorney, Donald Packer requested that the application be continued as he had to attend a local hearing. Chair Tikoian continued the application at Mr. Packer’s request

2000-10-024 SHANNON REAGAN – Construct a 4’ x157’ fixed timber pier, 20’ ramp, and 10’ x 40’ concrete float. Located at Plat 9, Lot 260; Washington Street Ext., Newport, RI.

The applicant was not present. Chair Tikoian stated that the applicant had requested that Mr. Reis be present at the hearing but Mr. Reis is on vacation this week and unable to attend the hearing. Chair Tikoian continued the application to the Sept. 23rd meeting.

2001-10-032 – CAROLE PAYNE -- Revocation of Assent due to owner’s refusal to establish a buffer zone required by CRMC Assent stipulation “F” and CRMC approved “Site Plan for Carole Payne and Doris Payne…,” in one sheet, last revised 9/21/2001, stamped by R. A. Greene, and E.F. Spring. Site located at Plat 5, Lots 107, 108, 109, 111, 112; Beach Avenue and Ocean Avenue, New Shoreham, RI.

The applicant was not present. Mr. Goldman explained that this application was a result of an administrative hearing and had a recommendation for revocation of the assent. Mr. Goldman said the applicant had requested a modification of the assent. Mr. Goldman recommended that both the revocation and modification of the assent be heard on the same night. The application was continued.

5. Providence River Dredging Project Update

Dan Goulet gave council members a brief presentation on the Providence River Dredging Project. Mr. Goulet stated that there are currently two dredge sites being dredged in the Providence River - Dredge 51 and Dredge 53. Mr. Fugate stated that Mr. Goulet is also working on the Army Corps Dredging Project for Pawtuxet Cove.

6. HARBOR MANAGEMENT PLAN – Town of Bristol

Matt Calouro, Bristol Assistant HarborMaster, was present on behalf of the applicant. Chair Tikoian stated that the Bristol Harbor Management Plan was before the council for one-year approval. Mr. Fugate stated that staff is still working on several issues on the plan with the town. Mr. Fugate said staff recommended one-year approval of the plan and hopefully they will have 5-year approval of the harbor management plan next year. Vice Chair Lemont, seconded by Sen. DaPonte moved approval for one-year approval of the Bristol Harbor Management Plan. Mr. Reitsma noted that DEM has not received an application from the town for water quality certification. Mr. Reitsma said DEM staff was concerned with this but felt their concerns could be addressed. Mr. Reitsma stated that they were concerned with the upper moorings, the illegal mooring and what they are doing about them. He also said they were concerned with the water quality certification and the effect on the moorings. Mr. Reitsma said the management area was maintained by Fish and Wildlife for clam plantings and wanted to make sure there was no conflict with the harbor management plan. The motion was carried on a unanimous voice vote.

7. FRESHWATER WETLAND APPLICATION REQUESTING ADMINISTRATIVE ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

2003-05-061 KINGSTOWN PLAZA, LLC – Twelve (12) townhouse units, associated parking lot (approx. ½ acre total area), and stormwater management system. The project shall be served by municipal sewer, water, electric and natural gas service. The project results in alteration or disturbance of 28,286 sq. ft. of wetland area within the 200’ riverbank jurisdictional area. Located at Plat 178, Lot 3; Mill Creek Drive (Off Camp Avenue), North Kingstown, RI.

Chair Tikoian recused himself.

Vice Chair Lemont presided over the application.

Mr. Blacky, the applicant was present. Joseph DeAngelis, attorney for the applicant, Scott Rabideau, the applicant’s biologist and Mr. Convouyer the applicant’s engineer were also present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was reviewed under the freshwater wetland regulations. Mr. Anderson stated that the application was for 12 town houses about ½ mile upstream from the Camp Avenue area. Mr. Anderson said staff recommended approval of the application. Mr. Anderson explained that this was a Category B application and needed full council approval because it was considered a subdivision. He said a subdivision consists of 6 units or more. Mr. DeAngelis felt this was a good project and requested that the council approve the application. Mr. Reitsma, seconded by Mr. Paolino moved approval of the application with all staff stipulations. Mr. Ehrhardt asked if these would be rental units. Mr. DeAngelis replied yes. The motion was carried on a unanimous voice vote.

8. APPLICATION REQUESTING MODIFICATION OF ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

1985-08-021 DAVID ROEBUCK -- Modification of existing dock to include the addition of floats and a shellfish upweller. Located at Lot 30; 54 Perrywinkle Rd, South Kingstown, RI.

David Roebuck, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was to install a shellfish upweller, add one float and obtain approve for the “as built” float. Mr. Anderson stated that there were also two additional floats that were out of compliance with the 1985 assent. Mr. Anderson stated that a PD stamp was required for the application and the applicant was requesting that the PD stamp be waived. Mr. Anderson said staff had no objection to waiving the PD stamp requirement. Rep. Naughton, seconded by Mr. Reitsma moved approval of the application with all staff stipulations and the variance. The motion was carried on a unanimous voice vote.

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

2003-06-093 CARNEGIE HEIGHTS, LTD. – Construct and maintain twelve (12) lot residential subdivision, including 1700 linear feet roadway. The project is to be served by municipal water service, gas service, and a private sewage treatment facility discharging to an on-site leach field (approx. 9,750 gpd total). The project includes a stormwater management system. Located at Plat 26, Lots 3, 4; Willow Lane, Portsmouth, RI.

Peter DeSalvey, the owner of Carnegie Heights, was present on behalf of the applicant. Neil Galvin, the applicants’ attorney, Scott Rabideau, the applicants’ biologist and Blake Henderson, the applicants engineer were also present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson explained that this was the 2nd portion of the application and the previous application was approved for 22 houses. Mr. Anderson stated that this was an application to add an additional 12 individual dwellings to be serviced by ISDS. Mr. Anderson stated that the staff review was positive. He also noted that the staff biologist requested that a stormwater management plan be filed. Chair Tikoian noted that the staff engineer deferred the matter to the council. Mr. Anderson explained that the staff engineering issues had been resolved. Mr. Anderson stated that page 5 of 6 of the biologist report – Item G concerning a conservation easement requested that if there was no conservation easement staff wanted to make sure there would be a buffer. Mr. Reitsma asked if the stormwater issues would still be resolved if there was a marina in the wetland area. Mr. Anderson replied that the stormwater system was independent of any activity in the wetland area and it would not be affected in the future if there was an alteration to the wetland area. Mr. Reitsma said that if there was a marina or other projects that it would not effect this. Mr. Anderson replied correct. Mr. Rabideau described the proposed project to the council. Mr. Rabideau stated that this was a 12-lot subdivision and the wetland areas had been verified. Mr. Rabideau explained that there were four isolated wetlands on the property. He noted that in 1951 there were no wetlands and the man-made wetlands starting popping up in 1972 aerial photos. Mr. Rabideau stated that the whole project was based on a marina being available at the site. Mr. Rabideau explained that DEM regulations do not allow a marina in SA waters and they would have to change the water type and it would be difficult to do this. He explained that the CRMC water type classification would allow them to have a marina. He said the conclusion that they came up with was to have an inland marina at a low point in the topography. Mr. Rabideau said that a marina was not proposed at this time but they do plan to put a marina in at some point in time. Mr. Rabideau stated that the marina would not impact the subdivision at all. Mr. Rabideau referred to page 3 of 6 of Mr. Reis’ biologist report Item C #5 which stated that you have to have an alternate site for the marina and they felt that a marina could be at the F,G & H wetland areas not the C wetland area. Mr. Fugate stated that it has been some time since this project began and that staff knew that there would be a request to put a marina in. Mr. Zarrella was concerned with having two state agencies regulations in conflict on the water type. Mr. Reitsma explained that both agencies looked at things differentlly but they have been working together to address the conflicts. Mr. Reitsma said they recogonize that there is a conflict differences because CRMC looks at use and DEM looks at the water quality of the water. Chair Tikoian stated that an applicant would have to have all permits including water quality certification before they come before the full council. Mr. Reitsma stated that the in bay location was not good because of the fetch and they looked at other alternatives. Mr. Zarrella was concerned with two agencies having a conflict and felt the two agencies needed to be on the same page. Mr. Zarrella felt they needed to resolve the conflict before an application is filed. Mr. Reitsma explained that they are trying to find a solution but they cannot change their regulations to address just one person. Mr. Fugate explained that there is a working group made up of both CRMC and DEM staff to indentify the conflicts and to work on correcting the conflicts. Vice Chair Lemont stated that they have been giving pieces of the project and wanted to know if this was the end of the project. Mr. Rabideau stated that “Keizer Tower” would be coming before the council but it was outside the CRMC 200’ jurisdication but there would be engineering issues regarding the stormwater. He said this would be the last piece of the project. Vice Chair Lemont stated there would be no bearing on this project whether or not there was a marina. Mr. Rabideau replied yes. Vice Chair Lemont asked if they could trade off and create a salt marsh in another area on the property. Mr. Rabideau replied yes if they removed a wetland they would create another wetland on the property. Vice Chair Lemont asked what they would be doing with the fill. Mr. Rabideau stated that the fill was sand and gravel and they would be using it on the site. Vice Chair Lemont asked if they have a marina would it be protected from the winds. Mr. Rabideau replied yes. Mr. Rabideau explained that the area for a marina has been cut out from the site for this. He also said they would still have a conservation easement on the property. Chair Tikoian asked what the building to the north was. Mr. Rabideau replied it was Aldon Yachts. Mr. Galvin stated that they objected to one of Mr. Reis’ stipulations which stated that if the applicant failed to apply for a marina within two years or if the council denied their application that this area would fall into a conservation easement. Mr. Galvin wanted to make sure that if the application was denied they could go through the appeal process before the area is made into a conservation easement. Mr. Goldman explained that they would have to exhaust all their appeals before this is done. Mr. Gray felt that Mr. Reis’ stipulations needed to be part of the council’s approval as they give them protection. Mr. Gray felt the stipulations were necessary for the applicant to move forward. Mr. Sahagian asked if the applicant agreed to the stipulations. Mr. Galvin replied yes. Mr. Reitsma said it was his observation that this was a truly unusual project and it created a lot of complications. Mr. Reitsma commended staff for their work on the project as this was a difficult project to do reports. Mr. Reistma felt that Mr. Reis’ report striked the right issues and came up with ways to address these issues. Mr. Reitsma stated that you needed to have the ability to see the bigger picture for this property. Mr. Reitsma felt the applicant had done truly amazing work on this project changing it from an industrial site to a residential site. Mr. Reitsma felt the buffer zone was being altered but you needed to look at the overall site. Mr. Reitsma did not want to box in the applicant or the council and felt that there was another alternate area for the marina. Mr. Reitsma supported the application. Mr. Reitsma, seconded by Rep. Naughton and Mr. Ehrhardt moved approval of the application with all staff stipulations. Chair Tikoian felt fortunate to have someone working to make this site better and developing the property. Mr. Ehrhardt had a question on the marina plan. Mr. Ehrhardt stated that Willow Lane is currently public access to the water and wanted to know if there was an inland marina if it would impact the Willow Lane right-of-way and if the right-of-way was eliminated would they provide a right-of-way for public access. Mr. Rabideau stated that they would address this in the marina application and stated that there would be public access to the water. The motion carried on a unanimous voice vote.

10. Enforcement Report – July, 2003

There were none held.

11. Category “A” List

There were none held.

Chair Tikoian announced that the council is back to their regular meeting schedule of two meetings per month and a monthly policy and planning subcommittee meeting. There being no further business before the council the meeting, the council adjourned at 7:19 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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