In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, January 13, 2004 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 Sahagian
Joe Paolino
Larry Ehrhardt
Fred Vincent
Jerry Zarrella
Rep. Eileen Naughton
Rep. Jan Malik
Joe Shekarchi
Neill Gray

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Biologist
Brian Goldman, Legal Counsel
John Longo, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:06PM.

Chair Tikoian welcomed Fred Vincent, the Acting Director for the Department of Environmental Management to the council.

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

Vice Chair Lemont requested that page 3, line 8 be corrected to read "made and compiled" not "masked and piled". Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the December 16, 2003 minutes as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont announced that there would be a pre-conference hearing on the Block Island/Champlin Marina application on Wednesday, January 14, 2004 at 1:00 p.m. at the CRMC Wakefield Office.

4. Chair Tikoian announced that council members would have to use the plaza entrance instead of the front entrance for all future meetings per the Capitol Police. Chair Tikoian also announced that the meeting day will be changed from Tuesdays to Mondays. Mr. Fugate said he had received a call from the Department of Administration stating that due to tightening of the security alerts that access in and out of the Department of Administration after hour meetings would be limited to two days a week-- Mondays and Wednesday. He said the CRMC meetings would now be on Mondays.

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

5. CONTINUANCES:

2001-05-007 TIM & BERNADETTE ROSS - Construct single family dwelling with deck, permeable driveway and associated grading. Proposed alterations of freshwater wetlands in the vicinity of the coast include: filling of 490 sq. ft. of wetland and relocated an existing area subject to storm flowage (ASSF). The project as proposed will result in the alteration and/or disturbance of at least 490 sq. ft. as well as 80 linear feet of watercourse as noted above. Located at Plat N-R, lot 1040; Mohawk Trail, Narragansett, RI.

The applicants were not present. Chair Tikoian stated that the application would be continued to the next meeting at the objector's request. Mr. Goldman explained that this was a remand from the Superior Court. The application was continued to the Jan. 26, 2004 meeting.

2001-07-091 NANCY TAYLOR & HARRY SCHULT - Freshwater Wetlands application requesting permit to construct an access road through freshwater wetlands to provide an alternative to an existing access road. Proposed alterations include: placement of fill in 1100 s.f. of wetland and 1125 s.f. of perimeter wetland; installation of culverts

The applicants were not present. Chair Tikoian stated that Mr. DeAngelis, the applicants' attorney requested that the application be continued to the next meeting so they could work out some issues. Chair Tikoian continued the application to the Jan. 26, 2004 meeting.

6. APPLICATIONS WHICH HAVE HAD A PUBLIC HEARING AND ARE BEFORE THE FULL COUNCIL FOR FINAL DECISION:

2003-08-031 JEFFREY M. JACOBER - Construct a residential boating facility to consist of: a 4' x 191' fixed timber pier with a fixed terminal 4' x 20' section. The terminus of the proposed pier will extend to 100-feet beyond mean low water (MLW) requiring a 50-foot variance to the RICRMP Section 300.4. Located at Plat 2, Lot 109; 800 East Shore Road, Jamestown, RI.

Chair Tikoian and Mr. Shekarchi recused themselves.

Vice Chair Lemont presided over the application.

Jeffrey M. Jacober, the applicant was present. Mary Shekarchi, the applicant's attorney and Scott Rabideau, the applicant's coastal biologist were also present on behalf of the applicant. Vice Chair Lemont made a brief statement on the application. Vice Chair Lemont stated that the application was to construct a residential boating facility with a 4' x 191' fixed timber pier with a fixed terminal 4' x20' section to extend 100' beyond mean low water. Mr. Reis explained that a 50' variance was required because they were extending the dock 100' beyond mean low water. Mr. Reis said the variance was for the length to get additional depth of water to protect the eelgrass from propeller damage. Mr. Reis said staff supported the variance and felt that this would mitigate the impact on the eelgrass. Ms. Shekarchi said the application was to construct a residential dock in Jamestown. Ms. Shekarchi explained that they used the Burdick & Short method to design the dock to protect the eelgrass and allow sunlight under the dock for the eelgrass to grow. Ms. Shekarchi stated that a variance was needed for the length so that they could go over the eelgrass bed. Ms. Shekarchi said they had reviewed the staff recommendations and stipulations and agreed to them. Mr. Sahagian said based on the staff recommendation for approval of the application and the applicant agreeing to the staff stipulations and moved approval of the application. Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the variance. Mr. Gray asked what the two spurs were coming off the dock shown on page 2 of 5 of the site plan. Mr. Rabideau was not sure. Mr. Reis said they were batter piles. Mr. Gray stated that the aerial photograph shows a dock to the north and wanted to know if this dock was the same length as the proposed dock. Mr. Reis said he was not sure he would have to look into this. The motion was carried on a unanimous voice vote.

2003-08-050 OLD WARREN MARINA, LLC - Establish an expanded marina perimeter limit as shown on the attached plan, and to increase the boat capacity of the expanded marina to a total of 23 boats. Located at Plat 4, Lot 70 & 139; 90 Baker Street, Warren, RI.

Clinton Poole, attorney for the applicant was present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis said the application was to establish a marina perimeter limit and increase the boat capacity from 20 to 23 boats. Mr. Reis said the increase in the boating facility was for two facilities combined. He said staff recommended approval of the application. Mr. Reis also stated that the applicant had received Army Corps category 2 approval and DEM approvals. Chair Tikoian explained that the only reason this was a category B application was because the marina perimeter limit increase was over 25 percent. Mr. Gray said the marina perimeter limits are usually drawn close to facility structures but on the plan the outboard line is quite away from the structure. He wanted to know why it was not close to the structure. Mr. Reis said there were no regulations to set perimeter lines. Mr. Reis said the marina perimeter limit had to be within a reasonable proximity to the structure and staff felt the line was within a reasonable proximity. Mr. Gray asked what the distance was from the pier on the south side to the perimeter line. Mr. Fugate explained that there were three piles out in the water and this drove the perimeter line out. Mr. Reis said the furthest the line extends is 18' off the south structure and is offset to the west. Mr. Reis said there is a dock, which is not shown on the plan, which will be relocated to the west. He said the plan ranges from 30' from the dock to 20' from the dock. Rep. Malik, seconded by Rep. Naughton and Mr. Zarrella moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

6. PUBLIC HEARING ON CHANGES TO THE RI COASTAL RESOURCES MANAGEMENT PROGRA, MANGEMENT PROCEDURES:

1. Revise Section 4.3.2(j): Schedule of Fees

(j) Beach Vehicle Permits:
    - in-state vehicle registration, annual: $50.00
    - out-of-state vehicle registration, annual: $100.00

(j)(1) 3-day pass:
    - in-state vehicle registration: $15.00
    - out-of-state vehicle registration: $50.00

Chair Tikoian opened the public hearing. Mr. Fugate explained that this was clarification assigning registrations to vehicles for in state versus out-of-state registrations. Mr. Fugate explained that the vehicle registration would go by where the vehicle is registered not where a person lives. Rep. Naughton stated that Massachusetts has Category A and Category B insurance policies. Rep. Naughton said that the Category B policy covered them in their state and out of state and Category A only covered them in Massachusetts. Rep. Naughton wanted check what type of insurance they had when they applied for a permits as one policy did not cover them when they are in Rhode Island. Rep. Naughton was concerned with the effect this would have on Rhode Islanders. Chair Tikoian said they could ask for proof of insurance. Mr. Goldman said they might need a statutory regulation change to do this. Chair Tikoian said they could look into this. Mr. Zarrella asked if this was approved this would be for all vehicles in parking lots on state beaches. Chair Tikoian explained that this was for vehicles to drive on the beach. Mr. Goldman said there are only certain beaches you could drive on and this would be protection if the dunes were damaged. Chair Tikoian called for public comment. There was no public comment. Chair Tikoian closed the public hearing. Mr. Shekarchi, seconded by Mr. Zarrella moved approval of the program change. The motion was carried on a unanimous voice vote.

10. Category "A" List

There were none held.

There being no further business before the council the meeting, the council adjourned at 6:32 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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