In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, May 11, 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
Joe Paolino
Dave Abedon
Fred Vincent
Tom Ricci
Neill Gray

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Dave Alves, CRMC Aquaculture Coordinator
Brian Goldman, Legal Council

Chair Tikoian called the meeting to order at 6:13 PM.

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

Vice Chair Lemont, seconded by Mr. Abedon moved approval of the April 27, 2004 minutes. The motion was carried on a unanimous voice vote.

2. CONTINUANCES:

2003-07-010 MICHAEL AND LEIGH EDDY – Construct a residential boating facility to consist of a 90’ long fixed timber pier, ramp, and 10’ x 15’ float (120’ overall length, total). Located at plat 414, lot 007.00; 47 Carousel Drive, East Providence, RI.

The applicants were not present. Chair Tikoian stated that the applicants’ attorney had requested a continuance as Mr. Eddy was in Iraq and Mrs. Eddy just had surgery. Chair Tikoian noted that the request for a continuance was within the 24-hour request time period. The application was continued.

3. STAFF REPORTS

There were no staff reports.

4. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

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

2004-02-064 BLOCK ISLAND UPWELLER – one acre shellfish farm just northeast of the northeast breakwater protecting the entrance to New Harbor, Block Island. The farm will be culturing the American Oyster using bottom cages. Located in Block Island Sound.

Christen Warfel, the applicant was present. Mr. Alves gave council members a brief summary on the application. Mr. Alves stated that the application was for a one-acre farm outside of New Harbor north of the breakwater. Mr. Alves noted that the applicant had two other aquaculture sites both within the New Shoreham Harbor Management area. Mr. Alves said the applicant wanted to moved this site to open waters so he could use it all year long. Mr. Alves stated that on page 6 of the staff report staff requested that he move the site 100’ to the northeast away from the eel grass. Mr. Warfel had nothing to add to the application. Mr. Gray, seconded by Mr. Vincent and Mr. Paolino moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2000-10-024 SHANNON REAGAN -- Construct and maintain 186’long x 4’ wide fixed timber pier, a 30’long and 3’ wide ramp, and 40’ long x 10’wide (400 sq.ft) float. Located at plat 9, lot 260; 1 Cypress Avenue, Newport, RI.

Bill Reagon, the applicant’s father was present on behalf of his daughter. Kristen Sherman, attorney for the applicant, Scott Rabideau, the applicant’s wetland biologist and Blake Henderson, the applicant’s engineer were also present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was back before the council after modifications and negotiations with staff. Mr. Reis said the applicant moved the dock to the north away from the eel grass. He said the dock extends 207’ beyond mean low water (mlw) and required a 157’ length variance. Mr. Reis said there were no biological objections to the application. Mr. Reis explained that the float was 400 s.f. and staff deferred to the council as the regulations have a 150 s.f. float limit and this would require a 250 s.f. variance. Mr. Reis said there was no objection from the Town of Newport. Mr. Reis stated that the pier is 14 feet away from the property line. Mr. Sahagian said there was no biological objection to the application. Mr. Reis replied yes. Mr. Reis explained that this was a long variance but it was needed to protect the eel grass. Mr. Vincent stated that there was no commercial use allowed as part of the Town’s stipulations. Mr. Reis noted that this was a standard stipulation. Mr. Abedon asked if there would be any biological impact because of the size of the float. Mr. Reis replied no as there are not a lot of floats this size in the bay. Ms. Sherman addressed the criteria for a variance and explained that the length variance was needed to get away from the eel grass. Ms. Sherman said the float variance was needed for stablization because of the fetch in this area. Ms. Sherman said the fetch and the westerly winds were extreme in this area. Ms. Sherman stated that they were requesting the variance to the float for safety reasons and not because of the size of the boat. Mr. Gray agreed that there is a large fetch in this area and this size float and weight was needed. Mr. Gray said the City of Newport was implementing a safety process for applicants regarding the length of a dock and its location and requesting safety ladders on floats in case someone fell into the water this would allow them to be able to get up on the dock. Mr. Gray asked if the applicant would agree to put a safety ladder on the float. Ms. Sherman agreed to put a safety ladder on the float. Mr. Paolino, seconded by Mr. Sahagian and Mr. Gray moved approval of the application with all staff stipulations and a stipulation that the applicant install a safety ladder on the float. Ms. Sherman submitted a letter from the applicant authorizing her father to represent her as an exhibit. The motion was carried on a unanimous voice vote.

2003-10-065 DAVID AND JUDITH ENSTONE -- Construct a residential boating facility to consist of a 4’ x 185’+/- fixed timber pier with a 4’ x 20’ lower, access platform and two (2) tie-off piles @108-feet +/- beyond mean low water (MLW). Located at plat 2, lot 60; Conanicut Island, Jamestown, RI.

Judith Enstone, the applicant was present. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to construct a residential boating facility consisting of 4’ x 185’ fixed timber pier with a 4’ x 20’ lower access platform to extend 108’ beyond mean low water. Mr. Reis said a 58’ length variance was requested. Mr. Reis stated that staff recommended that there be no float on the dock because of the eel grass. Mr. Reis explained that they were using the fixed access section in the shape of an “L” at the end of the dock at a raised height to allow sunlight under the dock. Mr. Reis said there is 5’ depth of water at mean low water. Mr. Reis noted that the modifications to the dock were at the suggestion of staff. Mr. Reis stated that there was no staff objection to the application. Mr. Vincent asked about the concerns raised by Save the Bay. Mr. Reis explained that this was their standard objection to docks along the shoreline of Jamestown in order to protect the eel grass in this area. Mr. Reis stated that Save the Bay wanted the eel grass areas monitored and wanted a study done to see what effect there has been on eel grass. Mr. Reis stated that CRMC is in the process of doing this study by hiring an intern. Mr. Gray said the applicants have a mooring further out and the dock would only be used as a touch and go facility. Mr. Reis replied yes. Mr. Gray asked if the easterly end of the “L’ would be used for touch and go and not along the pier portion. Mr. Reis responded yes. Mr. Sahagian asked if the applicant agreed that the dock would be used for touch and go only. Ms. Enstone replied yes. Mr. Sahagian, seconded by Mr. Ricci and Mr. Paolino moved approval of the application with all staff stipulations. Mr. Sahagian asked what the turn around time was on issuing an assent. Mr. Goldman replied 2-3 days. The motion was carried on a unanimous voice vote.

7. Public Hearing on Changes to the Rhode Island Coastal Resources Management Program:

Management Procedures -- Section 4.3.2 Schedule of Fees
Revise Section 4.3.2(r)

Chair Tikoian opened the public hearing.

Mr. Fugate explained that this was a change to the schedule of fees primarily to add in the growth center and add the City of East Providence for a fee reduction. Mr. Fugate said this would also up the council’s minimum fee from $2,500 to $5,000 and clean up the some of the language.

8. Coastal Resources Management Program

Section 320: Inland Activities and Alterations That Are Subject To Council Permitting
Revise 320.B.3
Revise 320.D.2

Mr. Fugate explained that this change cleaned up the language to say when an archeological study is needed.

Section 300.4. Recreational Boating Facilities
Revise 300.4.C.4(f)
Revise 300.4.E.3

Mr. Fugate stated that this change would required a minimum depth of 18” of water except where SAV is present.

Mr. Vincent asked why there was an increase in the fee. Mr. Fugate explained that the fee increase was due to property value increases. Chair Tikoian called for public comment. There was no public comment. Chair Tikoian closed the public hearing.

Mr. Vincent, seconded by Mr. Gray moved to approval of the changes to Section 4.3.2(r) Schedule of Fees. The motion was carried on a unanimous voice vote.
Vice Chair Lemont, seconded by Mr. Ricci moved approval of changes to Section 320.B.3. The motion was carried on a unanimous voice vote.

Mr. Gray, seconded by Mr. Vincent moved approval of changes to Section 320.D.3. The motion was carried on a unanimous voice vote.

Vice Chair Lemont, seconded by Mr. Ricci moved approval of changes to Section 300.4.E.3 as amended “put a period at the end of the word “pier” and delete the language “except in areas were SAV is present.” The motion was carried on a unanimous voice vote.

9. Category “A” List

There were none held.

The meeting concluded at 6:38 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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