In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, September 23, 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
Jerry Zarrella
Jerry Sahagian
Joe Paolino
Larry Ehrhardt
Joe Shekarchi
Dave Abedon
Sen. Dan DaPonte

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
Dave Alves, CRMC Aquaculture Coordinator
Dave Reis, CRMC Biologist
Brian Goldman, Legal Council

1. Chair Tikoian called the meeting to order at 6:10 PM.

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

Mr. Paolino, seconded by Mr. Zarrella moved approval of the minutes of the September 9, 2003 meeting. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate reminded council members about the public hearing on the Greenwich Bay SAM Plan being held at the Warwick City Hall on Thursday, September 25th. He said URI would be giving a presentation on the water quality.

Mr. Fugate announced that the Technical Review Committee has set a schedule for their meetings. He also announced that the Citizens Advisory Council meeting is scheduled for October 1st. Chair Tikoian requested that Mr. Fugate send a chedule of the meetings to council members.

Chair Tikoian stated that he and the Executive Director, Mr. Fugate were leaving to attend a joint meeting at the Warwick City Hall with DEM, CRMC and Save the Bay to inform the public what the state agencies are doing concerning the bay and address any public issues and concerns.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports

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

5. CONTINUANCES:

‘2003-05-160 RIVERVIEW PARTNERS – Subdividing the existing two lots into three lots and constructing three residential family houses. Located at Plat 31, Lots 58 and 62; Sowams Road, Barrington, RI.

Joe DeAngelis, attorney for the applicant was present. Mr. DeAngelis requested that the application be continued to the next meeting. There were no objectors present. Chair Tikoian continued the application to the Oct. 14th meeting.

6. Vice Chair Lemont presided over the remainder of the agenda.

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

‘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. Kristen Sherman, attorney for the applicant, Scott Rabideau, the applicant’s biologist and Blake Henderson, the applicant’s engineer were present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was for a residential dock. Mr. Anderson said the length of the dock requested is 216 feet and the dock would need a length variance and a float variance. He said the float is 400 s.f. and the length variance extends 170’ beyond MLW and a 125’ length variance was requested. Mr. Anderson stated that there is eel grass noted at the site. Mr. Anderson said staff recommended denial of the application. Mr. Anderson stated that they recommended an alternative and suggested that the applicant reduce the dock length and use the dock for small craft or a dinghy. He said staff was concerned with the eelgrass. Vice Chair Lemont stated that staff recommended denial of the application. Mr. Anderson yes. Mr. Anderson stated that there was a memo to the executive director, which recommended the alternative, which is to raise the dock to preserve the impact to the SAV. Ms. Sherman stated that the application requested a couple of variances. She explained that there were difficult site conditions which made designing the dock difficult. Ms. Sherman stated that there is shallow water at 50’ and because of the prevailing winds and fetch they need a larger length for the dock. Ms. Sherman said the Army Corps recommended that they go out further to avoid impact to the eelgrass. Ms. Sherman felt the application was reasonable. Ms. Sherman requested a 125’ length variance and a 250 s.f. float variance. Mr. Sherman stated that the applicant has a 32’ vessel. She said staff recommended an 80’ length alternative but they felt this was not practical. Ms. Sherman said bringing a dinghy in and out would not be good for Mr. Regan’s health. She said there was insufficient water depth at 80’ length. She felt the shorter length dock would have more impact on the eelgrass. Mr. Rabideau stated that he did a SAV survey in November 2001 and staff did a SAV survey in 2002. He stated that he requested his staff to do another SAV survey on September 8, 2003. Mr. Rabideau explained the eel grass at the site. Vice Chair Lemont asked what the water depth was at the first 25’ mark. Mr. Rabideau replied 1’ 10” at 25 feet off the property. Mr. Zarrella stated that this was a spanning eel grass area and wanted to know how many pilings there would be. Mr. Rabideau stated that there is eelgrass at 2’ depth of water at the 80’ mean low water length. He explained that the eel grass has expanded over the years. Mr. Rabideau said if they have a light filtering dock it would benefit the eelgrass. Mr. Anderson stated that staff wanted to avoid impact to the eelgrass and protect the eel grass bed. He said they wanted to keep the dock length within the mean low water mark. Vice Chair Lemont stated that the council tries to protect eelgrass areas. Vice Chair Lemont asked if they extend the dock length beyond the eelgrass what was the depth of water. Mr. Rabideau replied there was a 10’ depth at the end of the 170’ length. Mr. Zarrella asked what the draft of the boat was. Mr. Regan replied 3 ½’draft. Mr. Anderson said the original plan showed a 32’ boat in 6’ of water and the boat has a 3 ½ ‘ draft and there was 2 ½’ additional water depth. Vice Chair Lemont asked if the new information provided by Mr. Rabideau effected staff’s decision. Mr. Anderson stated that this information was only submitted tonight and staff has not had a chance to review it. Vice Chair Lemont stated that it would be a difficult decision for the council to make because of the new information submitted tonight. Mr. Goldman explained that staff is suppose to receive any new information five days prior to the hearing. Mr. Rabideau stated that the council could still hear the matter tonight and use the 2001 SAV survey. Vice Chair Lemont felt that staff should be allowed to review all information. Mr. Shekarchi asked where the proposed dock is on the plan. Mr. Rabideau stated that the dock was not shown on the plan it only showed the eel grass area. Senator DaPonte asked if the dock would go over the entire eel grass area. Mr. Rabideau replied yes. Vice Chair Lemont felt that staff should be allowed to review all information and issue their report before the council made a decision. Mr. Zarrella said the applicant has been at this for two years. Vice Chair Lemont felt the council needed to review all information before a decision is made. Mr. Ehrhardt requested that the applicant submit a map to outline the plot lines delineated on the property and show the distances from the property lines. Vice Chair Lemont continued the application.

8. APPLICATION REQUESTING A SPECIAL EXCEPTION BEFORE THE FULL COUNCIL:

‘2003-04-076 – TOWN OF NEW SHOREHAM – Installation of 1 KW (kilowatt) windmill on 30’ tower, and 5’ x 10’ solar panel array, to provide electricity redundancy ( and reduce generator fuel dependency) associated with North Light Interpretive Center. The project requires a Special Exception per RICRMP Section 130, to construct structure on Undeveloped Barrier Beach. Located at North Lighthouse, New Shoreham, RI.

Donald Packer, attorney for the applicant was present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was to put in a windmill to service the North Light House.
Mr. Anderson said staff recommended approval of the application. Mr. Anderson stated that the application requires a special exception because it was on an undeveloped barrier beach. Mr. Sahagian, seconded by Mr. Abedon moved to open the public hearing on the special exception. The motion was carried on a unanimous voice vote. Mr. Packer stated that he had nothing to add to the application. He said the applicant was a non-profit organization. Mr. Packer felt the applicant met the criteria for a special exception. Mr. Shekarchi asked if the town council was in favor of the application. Mr. Packer replied yes. Mr. Shekarchi also noted that the applicant had town, DEM and DOH approvals. There were no objectors present. Senator DaPonte, seconded by Mr. Shekarchi moved to close the public hearing. Mr. Sahagian felt the applicant met the criteria for a special exception because this served a compelling public purpose. Mr. Shekarchi seconded by Mr. Sahagian moved approval of the special exception. Vice Chair Lemont called for a roll call vote on the special exception:

On approval of the special exception.

Sen. DaPonte Yes Mr. Sahagian Yes
Mr. Ehrhardt Yes Mr. Abedon Yes
Mr. Shekarchi Yes Vice Chair Lemont Yes
Mr. Zarrella Yes

7 Affirmative 0 Negative 0 Abesentation

The motion carried.

Mr. Shekarchi, seconded by Mr. Sahagian moved approval of the application with all staff stipulations and the special exception. Vice Chair Lemont called for a roll call vote:

On approval of the application.

Sen. DaPonte Yes Mr. Sahagian Yes
Mr. Ehrhardt Yes Mr. Abedon Yes
Mr. Shekarchi Yes Vice Chair Lemont Yes
Mr. Zarrella Yes

7 Affirmative 0 Negative 0 Abesentation

The motion carried.

9. AQUACULTURE ASSENT FOR SALE BEFORE THE FULL COUNCIL:

‘1998-07-011 ROBERT KRAUSE/PETER SEBRING – Proposed sale of Aquaculture Farm. Located in East Passage of Narragansett Bay, Middletown, RI.

Robert Krause and Peter Sebring, the applicants were present. Mr. Alves gave council members a brief summary on the application. Mr. Alves explained that this was a sale of an aquaculture lease with all its assets. Mr. Alves stated that there were no problems with the aquaculture. He said staff recommended approval of the sale. Mr. Alves said that DOH has spoken with Mr. Sebring. Mr. Alves stated that they had DEM approval. He said Mr. Sebring agreed to all of staff’s stipulations. Mr. Shekarchi, seconded by Mr. Abedon moved approval of the sale of the aquaculture lease with all staff stipulations. The motion was carried on a unanimous voice vote.

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

‘2003-08-074 CARNEGIE HARBOR VILLAGE, LP – Carnegie Harbor Village Phase II, consisting of rehabilitation of eleven-story former Kaiser Aluminum Tower into 35 condominiums and 12 transient accommodation unit; and, construction of 21 three-bedroom single family homes. Sewage to be conveyed to on-site facility on Plat 26, Lot 4. Project is located at Plat 26, Lot 2, 4; Willow Lane, Portsmouth, RI.

Neil Galvin, the applicant’s attorney was present on behalf of the applicant. Vice Chair Lemont stated that this was Phase II of Carnegie Harbor Village. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that this was Phase II of the Carnegie Harbor Village project. He said the application was for rehabilitation of Kaizer Aluminum Tower and turning it into 35 condominiums and 21 three-bedroom dwellings. Mr. Anderson said staff recommended approval of the application with minor changes to the stormwater management plan. Vice Chair Lemont asked if the applicant was aware of the recommended changes to the stormwater management plan. Mr. Galvin replied yes. Vice Chair Lemont asked Mr. Galvin to explain what they are doing. Mr. Galvin explained that this was a continuation of the rehabilitation to the site to transform it into condominiums and 21 residential houses. Mr. Galvin stated that the site has been completely improved already. Mr. Reis stated that at the administrative end the applicant needed three prerequisite approvals before the assent could be issued. Mr. Galvin stated that the water quality runs out on September 26th and a new assent was forth coming. He said the groundwater assent was being worked on by Mr. Henderson and they are working with DEM on the ISDS permit. Mr. Shekarchi, seconded by Mr. Zarrella moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

‘2003-06-098 BLOCK ISLAND UPWELLER SYSTEM, LLC – To establish a 3-acre farm utilizing floating, bag and rack and bottom culture methodologies to culture American oysters, bay scallops and hard clams. Located in Trims Pond, New Shoreham, RI.

Chris Wartel, the applicant was present. Mr. Alves gave council members a brief summary on the application. Mr. Alves explained that the application was for a 3-acre aquaculture site where the previous aquaculture site is. Mr. Alves said the applicant wants to open in the same location. He said the Town of New Shoreham and the Shellfish Conservation Commission gave their approvals for the aquaculture. Mr. Alves stated that they received three letters of objections. Mr. Alves stated that EPA and DEM were in favor of the application. He said staff recommended approval of the application. Mr. Zarrella asked if the objectors’ letters had been addressed. Mr. Alves replied the town did review the letters of objection and have designated this area as an aquaculture area. Mr. Zarrella asked what happen with the letters. Mr. Alves stated that there was no problem with an aquaculture in this area. Mr. Alves stated that the applicant met with DEM and DOH regarding the regulations and enforcement of the regulations. Vice Chair Lemont stated that the objectors’ letters stated that they were concerned that a 3-acre aquaculture would block their access to the water. Mr. Alves explained that there would be 6-8 feet between all rows and he felt there was enough room for kayaks and inflatables to get through. Mr. Shekarchi asked if any of the objectors were present. Vice Chair Lemont replied no. Mr. Alves stated that DOH had concerns and had added extra stipulations that there be no upwellers put in this area or shellfish from another area. Mr. Zarrella asked how the applicant would access the area. Mr. Wartel replied with a skiff. Mr. Zarrella asked if kayaks could get by in this area. Mr. Wartel replied yes there is 6-8 feet between the rows. Mr. Zarrella asked if the town was okay with this. Mr. Wartel said yes. Mr. Zarrella wanted the applicant to stipulate that he would grant kayak access through this area. Mr. Wartel agreed. Mr. Alves stated that there is already public access in this area and the public was not prohibited from using this area. Mr. Alves stated that the applicant had another aquaculture. He asked if the applicant had any problems with kayaks going this his aquaculture. Mr. Wartel stated no. Mr. Zarrella felt the people had the right to enjoy the area. Mr. Wartel agreed. Mr. Shekarchi, seconded by Mr. Abedon moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

7. APPLICATIONS REQUESTING ADMINISTRATIVE ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

‘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.

Donald Packer, attorney for the applicant was present on behalf of the applicant. Vice Chair Lemont stated that the application was for a three-bedroom single family dwelling with a denitrification system serviced by municipal water. Vice Chair Lemont stated that there was no objection from staff. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that a 150’ buffer and 125’ setback were required and the applicant was requesting a 100’ buffer variance and 56’ setback variance. Mr. Reis explained that a lot of the lot was made up of wetland. He said that the applicant had minimized the variances requested. Mr. Reis stated that staff recommended approval of the application. Mr. Sahagian asked if the applicant agreed to the staff stipulations. Mr. Packer replied that they agreed to the staff stipulations. Mr. Sahagian, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

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

‘1993-05-091 JEFFREY GARDNER – Modification to existing aquaculture lease. The applicant proposes to add two acres to an existing aquaculture lease. The applicant will continue to utilize the same culture methodology and species cultured as in present lease. Located in Winnapaug Pond, Westerly, RI.

Jeffrey Gardner, the applicant was present. Vice Chair Lemont stated that the application was for modification of an existing aquaculture lease by adding two acres to the existing aquaculture. Vice Chair Lemont stated that staff deferred the application to the council for their decision. Mr. Alves gave council members a brief summary on the application. Mr. Alves stated that the applicant originally requested a new aquaculture site. Mr. Alves said the Town of Westerly was opposed to that so the applicant requested expansion of his aquaculture. Mr. Alves stated the town requested that the applicant go into another area but the applicant was concerned with the alternate location. Mr. Gardner said he has been growing aquaculture for 10 years in Winnapaug Pond. He said the lease is currently full and he needed to expand the site. Mr. Sahagian stated that staff would typically recommend approval but they were concerned with the applicant’s previous violations. Mr. Sahagian stated that he had no problem with the applicant expanding his aquaculture but he wanted the applicant’s assurance that he would comply with the assent if the council approved it. Mr. Gardner agreed to comply with the assent. Mr. Alves stated that stipulations #20-24 in the package would address any concerns the council had. Mr. Alves stated that they did take a survey of area three weeks ago and everything was fine. Mr. Sahagian asked if staff’s concerns were addressed by these stipulations. Mr. Alves replied yes. Mr. Zarrella stated that the past violations were not part of this application and felt they should not be considered. Vice Chair Lemont stated that the council needed to take the violations into concern to make sure this doesn’t happen again. Vice Chair Lemont recommended one-year review of the aquaculture to make sure the applicant was in compliance but the applicant would still have a 10-year lease. Mr. Goldman stated that the council has done this in the past and when the staff reviews the assent if there is a problem it would come back before the full council to look at. Vice Chair Lemont stated that he was in support of the application but he did not want to approve it carte blanche because of the past violations. Mr. Sahagian, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations and the four additional staff stipulations, which addressed any concerns by the council. Mr. Alves submitted a copy of the plan to show where the aquaculture would be and the applicant and Mr. Alves agreed on. Mr. Sahagian, seconded by Mr. Shekarchi amended the motion to approve the modified plan. The motion and amendment were carried on a unanimous voice vote.

9. Enforcement Report – August, 2003

There were none held.

10. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 7:03 p.m.

 

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

CALENDAR INDEX