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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

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, February 17, 2004 at 5:00 p.m. at Piccerelli Gilstein & Company, 144 Westminster Street, Providence, RI.

MEMBERS PRESENT
Michael M. Tikoian, CRMC Chairman
Laurence Ehrhardt

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

Call to Order. Mr. Tikoian called the meeting to order at 5:05 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.

Mr. Tikoian noted that there was no subcommittee meeting during January, and asked for a motion to approve the subcommittee's meeting minutes of December 9, 2003.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to approve the December 9, 2003 meeting minutes. All voted in favor of the motion.

Item 4.A.1. Urban Core Coastal Communities. G. Fugate explained that the state Growth Planning Council has recently designated East Providence as a growth center and is recommending that the city be added to CRMC's list of urban core communities, which receive a reduced application fee if projects proposed within these areas meet programmatic requirements. The subcommittee discussed and agreed with the recommendation. The subcommittee made editorial and oversight revisions to the program section that addresses this issue.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to approve adding the City of East Providence as a community eligible to receive a reduced application fee under Management Procedures Section 4.3.2(r), and make revisions to same section. All voted in favor of the motion.

Item 4.A.2. Annual Staff Application Processing/Review Rate. G. Fugate explained that at the beginning of each calendar year, the subcommittee revisits its staff application processing/review rate for applications that are eligible under Management Procedures Section 4.3.2(r). The subcommittee discussed the issue.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to keep the application processing/review rate at $500 per hour. All voted in favor of the motion.

Item 4.B. Management Procedures Section 4.2(8). At the request of Legal Counsel, the subcommittee directed staff to reschedule this item to a later date.

Item 4.C. Section 320: Consistency with federal CZMA requirements. G. Fugate explained that the federal CZMA requires state CZM programs to incorporate historical preservation issues into its management programs, and be the regulatory arm of such a commission, if such commission does not have regulatory authority of its own. The recommendation being brought to the subcommittee is to require archeological surveys on certain applications when recommended by the Rhode Island Historic Preservation and Heritage Commission. The subcommittee discussed the revision and added the phrase "prior to permitting" to the front of the proposed revisions.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to approve the proposed revisions with changes as discussed by the subcommittee. All voted in favor of the motion.

Item 4.E. Section 300.4.E(k). G. Fugate explained that staff is seeking a revision to the recreational boating section that addresses minimum water depths at residential docks. G. Fugate explained how the ACOE (the region's other direct regulatory entity) uses 18 inches as guidance; staff agrees that this federal guidance is a reasonable minimum water depth. The subcommittee discussed and made revisions that reflect that only the Council can grant variances to this standard; and, that the water depth must be measured at MLW. The subcommittee made editorial; revisions.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to approve the proposed revisions with changes as discussed by the subcommittee. All voted in favor of the motion.

ADJOURN. Mr. Ehrhardt, seconded by Mr. Tikoian, moved to adjourn. All voted in favor of the motion, and the subcommittee adjourned at 6:10 p.m.

Respectfully submitted March 10, 2004 by

Jeffrey M. Willis
Deputy Director

CALENDAR INDEX

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