Planning and Procedures Subcommittee

In accordance with notice to members of the Rhode Island Coastal Resources Management Council's Planning and Procedures subcommittee, a meeting of the subcommittee was held on Tuesday, September 16, 2003 at 5:00 p.m. at Piccerelli Gilstein & Company, 144 Westminster Street, Providence, RI.

MEMBERS PRESENT
Michael M. Tikoian, CRMC Chairman
Dave Abedon
Jan Reitsma

STAFF PRESENT
Grover J. Fugate, Executive Director
Jeff Willis, Deputy Director
Brian Goldman, Legal Counsel
Kevin Cute

Call to Order. Mr. Tikoian called the meeting to order at 5:00 p.m.

Mr. Tikoian opened the meeting with a brief statement of the subcommittee's function and purpose. The Planning and Procedures subcommittee meeting is an open public meeting; it is not a public hearing. Therefore, discussion is available to the Council members themselves, and to all else at the allowance of the Chairman. Mr. Tikoian further explained that the subcommittee is the program and policy development arm of the Council, and that any programmatic decisions made by this group must ultimately be approved by the full Council in accordance with all proper procedures.

Item 5.C. Affordable Housing. G. Fugate explained the travel of this issue in that the Council issued proposed regulation changes to the Salt Ponds Region and the Narrow River SAMPS during the spring that addressed development projects and the SAMPs' density requirements, which were perceived by the affordable housing community advocates as anti-affordable housing. During the initial public hearing on these proposed regulations, the Council remanded the proposed regulations to staff to further address the issue of affordable housing and the SAMP density requirements. G. Fugate also explained how the University of Rhode Island's Coastal Institute assisted staff in this effort. The subcommittee discussed the CI's final report. Mr. Reitsma supported the report's recommendation to immediately address the fact that developments other than subdivisions may not be subject to the SAMPs' density requirements. G. Fugate discussed the OCRM letter received by the Council in support of its efforts to balance development while trying to address affordable housing, but that any revision to the existing regulations may not be considered "routine" and might need to undergo an programmatic assessment to evaluate the revision. J.Willis and G. Fugate explained the possible involvement of local planning departments to identify parcels within the SAMPs' lands developed beyond carrying capacity designations suitable for development (and which are not subject to the density requirements). G. Fugate suggested amending the SAMP regulations as soon as possible, acknowledging that applications already accepted would not be subject to the potential new regulation, while working the local communities toi identify appropriate land uses for development. Mr. Reitsma agreed that the regulations should be revised as soon as possible and also offered that the Council work with developers in the mean time to ensure the best possible environmental mitigation is obtained.

The subcommittee directed staff to continue to work on the revisions and bring back to the Council.

Item 5.D. Status Report on HMPs. G. Fugate, J. Willis and K. Cute gave the subcommittee a report on the development status of each town's Harbor Management Plan. 18 of the 21 coastal communities have HMPs as either fully developed or being developed. Of the three that do not, one (Westerly) has made the Council aware that it intends to develop one this winter. J. Willis explained the dual jurisdiction over water activities between CRMC and the municipalities. K. Cute explained the local planning processes that occur to develop an HMP.

Item 5.E. Lot Subdivision and Local Zoning. G. Fugate explained the issue of subdividing lots consistent with local zoning, and the subsequent application of CRMC requirements that may make some of the subdivided lots not usable. Had these lots been subdivided prior to the CRMP, or come in for an application as a single lot and not part of a subdivision, as applicable, CRMC regulations may be less demanding than what would apply within the context of a CRMC subdivision review.

Mr. Reitsma suggested to defer to local zoning allowances unless environmental issues are present to the extent that these would supercede the zoning allowances. The subcommittee discussed and agreed and directed G. Fugate to develop internal guidance on this issue. The subcommittee asked to see a draft of this language as soon as it is developed.

ADJOURN. Mr. Abedon, seconded by Mr. Reitsma, moved to adjourn. All voted in favor of the motion, and the subcommittee adjourned at 6:06 p.m.

Respectfully submitted October 15, 2003 by

Jeffrey M. Willis
Deputy Director

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