Skip to ContentSitemap

YouTubeFacebookTwittereNewsletter SignUp

CRMC Logo

RI Coastal Resources Management Council

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

In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, April 13, 2004 at 6:00 PM at the Narraganset Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Jerry Sahagian
Jerry Zarrella
Senator Dan DaPonte
Joe Paolino
Larry Ehrhardt
Ray Coia
Joe Shekarchi
Fred Vincent
Dave Abedon

STAFF PRESENT

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

1. Chair Tikoian called the meeting to order at 6:12 PM.

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

Mr. Coia, seconded by Mr. Shekarchi and Mr. Zarrella moved approval of the March 23, 2004 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Chair Tikoian announced that subcommittee meeting on the Champlin’s application scheduled for April 14, 2004 had been cancelled and staff will notify all parties.

4. Greenwich Bay Special Area Management Plan Briefing

Virginia Lee, Assistant Director of the URI School of Oceanology / Rhode Island Sea Grant College Program and Michele Mouton, her administrative assistant, gave a presentation on the Greenwich Bay Special Area Management Plan to council members. Ms. Lee passed out literature on the Greenwich Bay SAM plan to council members. Ms. Lee also stated that they are in the process of wrapping up the Providence River and Seekonk River SAM Plan. Chair Tikoian thanked Ms. Lee for her presentation

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

6. CONTINUANCES:

2003-03-99 RHODE ISLAND DEPARTMENT OF TRANSPORATION – Demolish the old Jamestown Bridge (Bridge No. 400) (5,332’ total length) with the exception of the trestle bridge sections from the West Abutment (North Kingstown) to Bent 28W, approximately 1,650 feet. This remaining portion of the bridge will be rehabilitated under a separate permit application for use as a recreational fishing pier. Concrete and steel debris from the demolition of the old bridge will be used to create a series of five (5) marine artificial reefs in the State’s coastal and offshore waters. (This activity may require a Special Exception from the RI Coastal Resources Management Program Section 300.10) Project Location: State Route 138, Old Jamestown Bridge No. 400; North Kingstown and Jamestown, RI.

The applicant was not present. Chair Tikoian stated that there was a coordinated decision to continue the application to allow staff to talk to the commercial fisherman regarding the application. The application was continued.

2003-06-002 GLENDA AND GERALD KIRBY, JR. – Construct and maintain a residential boating facility to consist of 4’ x 70’ +/- fixed timber pier with a fixed 4’ x 20’ lower terminus “L” section. The fixed Pier will have batter support piles and batter tie-off piles. Located at Plat 19, Lot 75; 109 Cottrell Road, North Kingstown, RI.

The applicants were not present. Chair Tikoian stated that the applicants’ were out-of-town and requested that the application be continued. Chair Tikoian stated that the request for a continuance was within the 24-hour period to request a continuance. The application was continued at the applicants’ request.

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

2003-12-062 TOWN OF NORTH KINGSTOWN – Construct and maintain expansion of existing approved marina facility, resulting in 55 boat increase (135 versus 80), per plans. Located at Plat 194, Lot 002; Allen Harbor Marina, North Kingstown, RI.

Dan O’Connor, Lease Activity Director for the Town of North Kingstown, 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 expand an existing marina and increase the number of boats from 80 boats to 135 boats. Mr. Anderson stated that staff felt the application was consistent with marina standards and recommended approval of the application. Mr. O’Connor explained that there were two issues that needed to be addressed: (1) Stipulation #3 requested that the applicant submit an operations maintenance plan. Mr. O’Connor stated that this had been done and was approved by staff in November 2004, and (2) A revised marina plan had been sent to Mr. Reis to address the concerns raised by Mr. Reis. Chair Tikoian asked when the project would commence. Mr. O’Connor replied as soon as they have a permit. Mr. Vincent stated that water quality certification was still pending. Mr. O’Connor replied that he would check on this and get back to DEM to find out the status of the water quality certification application. Mr. Goldman stated that the application could be approved subject to water quality certification. Mr. O’Connor said he already submitted the water quality certification application to DEM and believed they had received approval. Mr. Anderson explained that the correspondence on the marina expansion was several years old and there were now new plans proposed. Mr. Anderson said they were awaiting an updated water quality certification for the new configuration of the marina. Chair Tikoian noted that the town council had recommended approval of the application. Mr. Sahagian, seconded by Mr. Zarrella and Mr. Coia moved approval of the application with all staff stipulations and subject to water quality certification. The motion was carried on a unanimous voice vote.

2003-07-065 MICHAEL AND BARBARA INFANTOLINO – Construct a residential boating facility to consist of a 4’ x 145’ fixed timber pier, a 3’ x 15’ ramp, a 150 square foot float and two (2) boat (personal water craft) lifts. The proposed dock will extend 75-feet beyond mean low water (MLW). Located at Plat 3, Lot 485; 1141 North Main Road, Jamestown, RI.

Chair Tikoian recused himself.

Vice Chair Lemont presided over the application.

Joseph DeAngelis, the applicants’ attorney was present on behalf of the applicants. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was for a residential boating facility and required a 25’ length variance. Mr. Anderson said staff recommended approval of the application. Mr. Anderson stated that the applicant had revised the application to mitigate the eel grass concern by staff. Mr. DeAngelis said he had nothing to add to the application. Mr. Zarrella, seconded by Mr. Coia moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2003-12-030 BRIAN AND VICTORIA CABRAL -- Construct repairs to an existing riprap groin (the groin will be made smaller with the existing stones) and to construct a new residential boating facility to consist of a 4’ x 60’ fixed timber pier, a 4’ x 25’ ramp and a (8’ x 18.75’) 150 square foot float. The float will incorporate an electronic float lift system. The terminus of the floating dock will extend to 45-feet beyond mean low water MLW. Located at Plat 31, Lot 50A; 5 Johnnycake Lane, Portsmouth, RI.

Chair Tikoian recused himself.

Vice Chair Lemont presided over the application.

Brian Cabral, the applicant was present. Joseph DeAngelis, the applicants’ attorney and Herb Sirois, the applicants’ engineer were also present. Phillip Young, an objector was also present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was to construct repairs to an existing timber boating facility and salvage of a remnant stone groin, which would be reconfigured. Mr. Anderson said staff recommended approval of the application. Mr. Anderson explained that comments had been received regarding concerns for erosion because of the relocation of the stone groin but staff felt there would be no erosion caused by relocating the stone groin. Mr. DeAngelis said changing the location of the stone groin would clear up the property because they could not add to the current stone but they would be able to condense it to half the length it is now. Mr. DeAngelis said there was an objection from the abutter because the abutter wanted to leave the stone groin as it is. Mr. DeAngelis stated that staff recommended the applicant relocate the stone groin and staff also recommended approval of the application. Mr. DeAngelis submitted a photograph of the stone groin to the council as an exhibit. Mr. DeAngelis stated that the applicant did not need any variances and the application meets all CRMC regulations in effect for a residential boating facility. Mr. Ehrhardt stated that there was a contradiction in the documents in the packet. Mr. Ehrhardt stated that the letter dated 3/22/04 from Foster Cove Engineering stated there would be lateral access along the shoreline with stairs and on the second page of the letter it stated there would be steps in the jetty over the mean high water mark. Mr. Ehrhardt asked them to describe where the stairs would be. Mr. Sirois replied that the steps would be installed above the mean high water line. Mr. Ehrhardt asked if there would be public access to get from one side to the other at the mean high water line. Mr. Sirois replied yes.

OBJECTOR.

Mr. Young, an abutter, stated that they submitted a letter of objection to the application to the council. Mr. Young said they have a problem with reduction of the length of the groin into the Sakonnet River. Mr. Young felt there would be tidal washing and that this needed to be looked at and studied. Mr. Young said he had a problem with the engineering plan because it was very vague. Mr. Young felt there would be damage to the beach. He said he was not opposed to the applicant having a dock. Mr. Young said he never heard of rebuilding a stone groin in Portsmouth. Mr. Shekarchi asked if Mr. Young had any expert reports by a biologist or engineer to support his statements. Mr. Shekarchi stated that the staff biologist and engineer had reviewed the application and had no objections to the application. Mr. Young replied that he had no expert witnesses. Vice Chair Lemont stated that the council acts as a guardian for the State of Rhode Island and they take pride in protecting the state and its waters. Vice Chair Lemont said staff had said they have no problem with the application and that the council relies on the staff’s view point on an application. Vice Chair Lemont stated that the council’s decision would be fair, proper and on target and it would be based on the staff recommendation. Mr. Young stated that he had requested to receive all correspondence from staff on this file but he did not get any correspondence on the application. Mr. Zarrella explained that this was a public record and it is available to be reviewed. Mr. Fugate explained that two public notices are typically sent out to the abutters, the town and a general mailing list of other state agencies and interested parties. Mr. Fugate said the notice informs objectors to review the application, the plans, the site and the CRMC regulations. He said the meeting notice also notes that the files are open to the public for their review and are available up until 12:00 Noon on the day of the hearing at the CRMC office and then are then given to staff for the meeting. Mr. Ehrhardt stated that in Mr. Deveau’s report on page 1, third paragraph it stated “It is this CRMC staff member’s opinion that if the groin is reconstructed and shortened in length there is potential that the beach face may narrow as the sand migrates or shifts along the shore”. Mr. Anderson said that the next paragraph of Mr. Deveau’s report addressed the sediment issue. Mr. Ehrhardt said that on page 2 of Mr. Deveau’s report it stated “So the beach width could decrease as an immediate response to shortening the groin but it will stabilize soon after the reconstruction is complete.” Mr. Ehrhardt asked if the stabilization would be at the reduced width or where it was in the beginning. Mr. Fugate explained that the staff geologist reviewed the sediment transport and found that it moves back and forth and that this should stabilize at the current width. Mr. Abedon said it was a mandate of the council to restore areas and felt that reducing the stone groin would restore the area. Mr. Fugate agreed that shortening the structure would make the area better. Mr. Sahagian, seconded by Mr. Paolino moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2003-10-026 ARTHUR SILVESTER – Construct and maintain a timber residential boating facility consisting of a 232.3’ x 4’ fixed pier and a 20’ x 4’ “T” section. The facility will extend 149.8’ beyond mean low water. A mechanical boat lift will also be installed at the terminal end of the facility. Located at Plat 46, Lot 45; 8 Oliver Hazard Perry Road, Portsmouth, RI.

The applicant was not present. Ed Carter, the applicant’s engineer was present on behalf of the applicant. Mr. Carter stated that he had a letter from the applicant authorizing him to represent him. Mr. Goldman explained that an applicant could only be represented by themselves or an attorney. Chair Tikoian asked if the applicant’s attorney was present. Mr. Carter replied no. Chair Tikoian stated that the application would be placed on the next agenda. The application was continued.

2004-01-017 GANSETT REALTY, LLC – Construct and maintain a 30 boat count marina and establish a Marina Perimeter Limit as per submitted plans. Located at Plat 376, Lot 252, 262, 263; 31 and 40 Seminole Street, Warwick, RI.

Mr. Garafano, president of Gansett Realty, LLC was present. Everett Petronio, the applicant’s attorney and Ernest Rabideau, the applicant’s engineer were also present. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that the application was to maintain a 30 boat count marina in Warwick and to establish a marina perimeter limit. Mr. Fugate said there was a marina here previously but that this was a new application. Mr. Fugate stated that staff review of the application found that it meets the CRMC program and regulations and recommended approval of the application. Mr. Vincent noted that the water quality certification was out for public notice and the notice period did not end until April 26, 2004. Mr. Fugate noted that the water quality certification was not a prerequisite of the assent. Mr. Coia, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and subject to water quality certification. The motion was carried on a unanimous voice vote.

8. Category “A” List

There were none held.

The meeting concluded at 7:10 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

CALENDAR INDEX

Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov

RI SealRI.gov
An Official Rhode Island State Website