In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, December 16, 2003 at 6:00 PM at the Room 313 – State House, Providence, Rhode Island.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Jerry Sahagian
Jerry Zarrella
Ray Coia
Joe Shekarchi
Ron Gagnon (DEM)
Larry Erhardt
Tom Ricci
Dave Abedon
Sen. Dan DaPonte
Sen. Susan Sosnowksi
Neill Gray

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
Amy Silva, CRMC Biologist
Brian Goldman, Legal Council

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

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

Mr. Coia, seconded by Mr. Zarrella moved approval of the November 25, 2003 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont informed council members that the subcommittee had met on the Sakonnet Point application on December 16, 2003 in Little Compton and plan to file a recommendation to the full council in January.

4. Chair Tikoian noted that there was only one item on the agenda.

5. APPLICATION THAT HAS BEEN OUT TO NOTICE AND IS BEFORE THE COUNCIL FOR DECISION:

2003-05-155 CHAMPLIN’S REALTY ASSOCIATES & THE TOWN OF NEW SHOREHAM (Harbor Management Plan, Mooring Field “E”)

Champlin’s is seeking a State of Rhode Island Assent to make additions to, and expanding existing marina facility in the Great Salt Pond, Town of New Shoreham.

The Town of New Shoreham is seeking a State of Rhode Island Assent for mooring field “E” as part of the its Block Island Harbor Management Plan Review.

Pursuant to previous Order of the CRMC, these two matters have been consolidated for review before the Council.

This Project is located at n/f “Champlin’s Marina Resort”; Plat 19, Lot 5, 6; West Shore Road, New Shoreham, RI; and proposed mooring field “E”.

Robert Goldberg, attorney for the applicant was present on behalf of the applicant. Donald Packer, solicitor for the Town of New Shoreham, the objector was also present. Chair Tikoian noted that there were a few housekeeping issues that needed to be resolved. Chair Tikoian stated that there were several motions brought forward that needed to be ruled on. Mr. Goldman explained that there were a number of motions of petitions to intervene by the Committee on Great Salt Pond and the Block Island Land Trust. He said there had been no objections to the motions to intervene. Chair Tikoian recommended that motions to intervene be granted. Chair Tikoian stated that there was an article in “The Block Island Times” which stated that staff urged denial of the application. Chair Tikoian informed council members that CRMC staff was not authorized to release their staff reports and that the matter would be handled internally by the Executive Director. Chair Tikoian said the final report that is used by the council to make their decision is signed by the Executive Director. Mr. Fugate noted that there were corrections in the biologist’s report which stated that local approval for the application was lacking. Mr. Fugate said there is no need for local approval. He said the water quality certification was lacking but it was not a preresiquite for the council to hear the application but an assent could not be issued until the water quality certification was received. Chair Tikoian introduced Ron Gagnon of DEM, who was representing the interim director of DEM. Senator Sosnowski said she received in the packet a request for a subcommittee hearing by the Town of New Shoreham and others requesting that this application be sent to a subcommittee. Chair Tikoian explained the management rules on how an application could be sent to a subcommittee which is either by the Chairman of the council or by four members voting that the application be sent to a subcommittee. Chair Tikoian felt the application should be heard by the full council to determine the facts of the application and address the issues raised. Senator Sosnowski appreciated the fact that the application was given a full meeting and the work done by staff and the executive director on the application. Senator Sosnowski felt the Chair went above and beyond to meet with town officials and the town council to work out issues, however, she felt there were substantial objections in the packet and felt the application should go to subcommittee. Mr. Erhardt said he understood that the subcommittee process on an application is different than being heard by the full council becasue they can have a series of hearings, review the transcripts between hearings and file a report with a recommendation to the full council. Chair Tikoian noted that the full council could do this as well. Chair Tikoian felt it was important for the whole council to hear the application and explained that any delays on the application was due to litigation which had been resolved in June 2003. Vice Chair Lemont explained that he was Chair of the subcommittee for the Little Compton application and there had been no record masked or piled on that application. He said the new testimony had been substantial and it took four 3-hour hearings before they concluded. Vice Chair Lemont noted that there had been no record established on the application. Vice Chair Lemont felt that there was a lot of history on this application and did not feel that the application should go to a subcommittee. Vice Chair Lemont was opposed to referring the application over to a subcommittee. Mr. Zarrella said the council has allowed two more parties to participate in the application and there were a lot of witnesses present. He said the application had been hanging around for months and felt the council should hear the application tonight to either approve, deny or modify it. Ron Gagnon, DEM, noted that DEM would also approve recommending that the application be sent to a subcommittee. Senator Sosnowski, seconded by Mr. Gagnon, Mr. Erhardt and Mr. Gray moved that the application be sent to a subcommittee. The motion carried.

6. Enforcement Report – November 2003

There were none held.

7. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 6:28 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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