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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

Piccerelli Gilstein & Company
144 Westminster Street
Providence, RI
April 20, 2004
5:00 pm

MINUTES

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, April 20, 2004 at 5:00 p.m. at Piccerelli Gilstein & Company, 144 Westminster Street, Providence, RI.

MEMBERS PRESENT
Michael M. Tikoian, CRMC Chairman
Laurence Ehrhardt
Paul Lemont

STAFF PRESENT
Jeff Willis, Deputy Director
Brian Goldman, Legal Counsel

Call to Order. Mr. Tikoian called the meeting to order at 5:10 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 because Grover Fugate, Executive Director, was not able to attend this meeting, the subcommittee will postpone discussions of Agenda Items 4.A and 5.A.

Mr. Tikoian noted that there was no subcommittee meeting during March, then asked for a motion to approve the subcommittee's meeting minutes of February 17, 2004.

Mr. Ehrhardt, seconded by Mr.Tikoian, moved to approve the February 17, 2004 meeting minutes. All voted in favor of the motion.

Item 4.B. Section 150.D.6 Subdivisions and Local Zoning. B. Goldman explained that this issue is being addressed to look at small lot subdivisions (<6) and the application of Section 150 Buffer Zones, specifically regarding whether a buffer zone be applied prior to lot subdivision or after the lot has been subdivided in accordance with local zoning. Further, any change made as a result of this discussion would not apply to SAMP areas. B. Goldman presented the issues to the subcommittee.

The subcommittee discussed and directed B. Goldman and staff to make revisions to Section 120 Variances that address, on a case-by-case basis, whether an applicant can show that that their lots should be subdivided in accordance with local zoning prior to the Council's Section 150 requirements.

Mr. Lemont, seconded by Mr. Ehrhardt, moved to require that B. Goldman draft a Section 120 revision based on the subcommittee's direction such that rulemaking can begin. All voted in favor of the motion.

Item 5.B. Fitness for Purpose. J. Willis explained that with the recent regulatory review of dredging applications for commercial and industrial structures located primarily in the upper Bay/Port of Providence, staff has seen existing structures such as bulkheads and piers in need of maintenance. With the dredging of the Providence River and the associated facilities, ship traffic and commerce will bring greater loads to these facilities with possibly greater frequency. Also, as many of these facilities significantly pre-date the Council, it is logical to assume that the loads for which they were initially designed are less than what they are being used for or will be used for. However, Council records show little if any maintenance approvals for these facilities. This led staff to pro-actively develop regulations that will allow the Council to require that these facility owners show proof that their structures can handle existing and expected loads (i.e.: a Fitness for Purpose certification.) Such a certification is standard in other port areas of the country. In this way, the Council can be assured that these structures have a reasonable probability of not failing and causing harm to the public trust areas of the state.

Mr. Ehrhardt, seconded by Mr. Lemont, moved to approve the revisions, adding commas to encompass the phrase "including utilities," and adding the phrase "circa 1971" after the word "jurisdiction." All voted in favor of the motion.

Item 5.C. Beach Vehicle Permits. J. Willis explained how DEM has regularly asked the Council to take over the issuance of the Council's beach vehicle permits, as DEM Parks and Recreation have been short-staff for the past few years. J. Willis explained that should the Council take over this task, it would see a dramatic increase in the amount of time staff would take to handle this situation: Beginning in spring and lasting throughout the summer and into the fall, vehicle owners arrive to purchase a sticker, and staff are required to inspect each vehicle to ensure that each is carrying the proper types of gear. In FY2004, the Council had issued approximately 1300 permits as of this meeting. Last year, the number was 1514. Because DEM has been asking the Council take over issuing these permits, J. Willis is concerned that, given the Council's own staff constraints, the Council's day-to-day operations would be compromised.

The subcommittee discussed and directed staff to investigate a permit delivery system that:

  • could be handled via the internet;
  • could be extended to a one-time 18 months, thereby removing the summer as the high demand season by making the permits available on a calendar year basis;
  • create a temporary 6-month permit for the same purposes;
  • utilizes bait and tackle shops to issue the permits for the Council.

Items 8.A and 8.B. SAMP Updates. Staff provided the subcommittee with the latest information regarding both the Greenwich Bay and Providence Harbor special area management planning projects.

ADJOURN. Mr. Ehrhardt, seconded by Mr. Tikoian, moved to adjourn. All voted in favor of the motion, and the subcommittee adjourned at 6:30 p.m.

Respectfully submitted May 14, 2004 by

Jeffrey M. Willis
Deputy Director

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