In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, May 25, 2004 at 6:00 PM at the Narragansett Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Joe Paolino
Jerry Sahagian
Ray Coia
Larry Ehrhardt
Fred Vincent
Joe Shekarchi
Dan Curran, CRMC Alternate

STAFF PRESENT

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

1. Chair Tikoian called the meeting to order at 6:15 PM.

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

Ray Coia, seconded by Jerry Sahagian, moved approval of the May 11, 2004 minutes. The motion was carried on a unanimous voice vote.

Mr. Fugate stated that there were no staff reports.

2. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

Vice Chair Lemont gave a brief reminder on the Champlin’s Realty Public Hearing dates; May 27, 2004, June 2, 2004 (Narragansett Bay Commission); and June 11, 2004 on Block Island.

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

4. ENFORCEMENT ISSUES SEEKING COUNCIL DIRECTION/ACTION:

C&D #2003-3595 AMANDA DONNELLY – Alteration of freshwater wetland and stream located at plat 19, lots 83 & 126; Bay Cliff Farm, North Kingstown, RI.

Legal Counsel Brian Goldman gave a brief overview of the Enforcement Issue regarding Amanda Donnely. Mr. Goldman stated that the matter has been taken to Superior Court; there has been a temporary restraining order entered which requires the Donnelly’s to do some corrective measures on their property to prevent the damage from happening on the abutting property owners property and they are to submit what will probably be a joint restoration plan to us. Mr. Goldman will be returning to see the Judge on Friday, May 28, 2004 for some scheduling issues. The parties are endeavoring with the Court’s facilitation to resolve it with what will probably be a joint or agreed upon application to CRMC for our approval. The parties are working together.

Chair Tikoian acknowledged CRMC Alternate Dan Curran who sat on the Subcommittee for Sakonnet Point and would be involved in the Decision for that application.

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

2003-09-049 JEAN-GUY SCHILLING & DONNA SCHILLING -- construct a residential boating facility to consist of a: 4’ x 180’ +/- fixed timber pier with a 4’ x 20’ lower access platform. The terminus of the pier will extend to 105-feet +/- beyond mean low water (MLW) requiring a variance from the RICRMP Section 300.4.E.3.(k) 50-foot beyond MLW standard. Located at plat 4, lot 123; Conanicut Island, 376 East Shore road, Jamestown, RI.

Staff Member David Reis gave Council brief overview of application with staff recommendations of no objections to the approval of application.

The applicant/owner, Jean-Guy Schilling was present. Ray Coia stated that based upon the recommendation of no objection from CRMC staff, he moved approval of application. Motion seconded by Larry Ehrhardt. The motion was carried on a unanimous voice vote.

2002-05-034 PERRY RASO – Modification of an existing aquaculture assent by increasing the size from 1.33 acres to 3.8 acres; a change in culture methodologies to include a rack and bag system and more efficient clam predator protection. Located in Potter Pond, South Kingstown, RI.

Staff Member David Alves gave Council briefing of application with staff recommendation of no objections to the approval of application.

Chair Tikoian asked Mr. Raso about his experiences in aquaculture in Rhode Island waters. Mr. Raso stated that he was experiencing low mortality in his culture beds and felt his venture was successful.

Mr. Shekarchi, seconded by Mr. Coia, motioned approval of application as submitted. Mr. Ehrhardt questions water depths in area. Mr. Raso was sworn in and stated that water depth at MLW was approximately 17”. Motion carried on a unanimous voice vote.

2004-03-067 VIRGINIA BARHAM – Construct a 75’ l.f. +/- riprap revetment location above MHW. Located at plat 333, lot 283; 4 Shawomet Avenue, Warwick, RI.

Staff Member David Reis gave Council brief overview of application with staff recommendations of no objections to the approval of application.

Mr. Shekarchi asked staff member Dave Reis if riprap walls were allowed in this area to which Mr. Reis responded that riprap walls were allowed in the portion of Type 2 waters near property. Joseph Shekarchi, seconded by Ray Coia, moved approval of application as submitted. Motion carried on a unanimous voice vote.

6. Applications which have had a Public Hearing and are before the Full Council for Final Decision:

2002-05-083 SAKONNET POINT CLUB – Construct a marina having a capacity of 94 boats in dry rack storage. Also construct a marina clubhouse with pool in the location of the existing Fo’c’sle Restaurant, which will be demolished. A desalinization system and denitrifying ISDS will service the clubhouse. The project will include the construction of a 63’ (+/-) long fixed pier boat launching facility with lifting crane, boat ramp, fixed pier boat launching facility with lifting crane, boat ramp, 54 (+/-) linear feet of floating dock, and upland parking facilities for 106 cars. Dredge 186 (+/-) cubic yards of material to be disposed of at the Central Landfill in Johnston, RI. Located at plat 9, lot 463, 463-1, 433; Bluff Head Avenue Little Compton, RI.

Mr. Kelly Sheridan, attorney for the applicant was present. Mr. Dan Prentiss, attorney for the intervener, Sakonnet Harbor Conservancy, was also present.

Chair Tikoian stated that this application was before the Council after going through the Public Hearing process and a recommendation from the Subcommittee was before the Council members for final decision. Mr. Goldman explained the rules with regards to what can be said after the Subcommittee process. He stated that once a Subcommittee recommendation has been rendered it comes before the Full Council. The Full Council considers the Subcommittee recommendation; the only thing that may be presented tonight, other than a brief argument if the Chairman allows, is new evidence which is defined in Management Procedures. Only the Council members who have participated in the hearing process or who have read record can vote. Chair Tikoian turned floor over to Vice Chair Lemont to give a brief outline of the Subcommittee Recommendation. Mr. Lemont stated that a series of meetings were held in Little Compton that were held on June 2, 2003, July 2, 2003, July 9, 2003, July 16, 2003, July 23, 2003 and then work shop was held in the latter part of 2003 in Little Compton. Mr. Lemont stated that he, Mr. Curran and Mr. Abedon, at the work shop, created the 8 page document which is the Findings of the Subcommittee. The original proposal was to construct a marina with the capacity to house 94 boats, drystack storage. Mr. Lemont stated that the proposal was to build the clubhouse on the site of the old F’O’C’S’LE Restaurant which is in a dilapidated state. Mr. Lemont stated that the proposal would provide for a desalinization system and a denitrifying ISDS to treat waste from the club. Mr. Lemont stated that the original proposal would also include the construction of a 63’ long fixed pier boat launching facility with a crane, boat ramp and approximately 54 linear feet of floating dock. Also, four dry stack boat storage structures and associated parking for 106 cars. Mr. Lemont stated that the original proposal also included the removal of 186 cubic yards of material that would be taken away to the landfill. Mr. Lemont pointed out #5 of the Findings of the Subcommittee which states that the CRMC staff in concurrence with the Executive Director determined that the only variance required for this application was to Section 300.4 E.1 entitled Recreational Boating Facilities Standards for Marinas. The request for the variance was to waive the marine pump-out requirement. Mr. Lemont pointed out #6 of the Findings of the Subcommittee, stating that the intervener, Sakonnet Harbor Conservancy, argued that there were other variances as well that required exceptions. Mr. Lemont stated that in #7 of the Findings of the Subcommittee, the subcommittee found that the Executive Director was correct and that the only variance necessary was the Section 300.4.E.1. Mr. Lemont asked the Council to note #12 of the Findings of the Subcommittee which states the Subcommittee found that all Federal, State and Local approvals have been obtained from the appropriate agencies for this project. Mr. Lemont stated that the Subcommittee recommends to the Council that the Application be approved as modified: the height of the racks be reduced from the requested three levels down to two. Mr. Lemont stated that the applicant is directed to present a plan to the Full Council which sets forth the total number of boats which the modified application can accommodate. Mr. Lemont stated that with the reduction in the rack levels will probably mean lesser boats and that is needed to be reported to the Council. Mr. Lemont stated that the Subcommittee strongly urges that in addition to the six dedicated public parking spaces the applicant do everything within its discretion to provide as much public accommodation as possible, especially during the off season. The Subcommittee tried to balance the rights of the property owner with the usage that had evolved over a period of time by those people that view the ocean or go fishing. Chair Tikoian asked the Attorney’s for the applicant and the Opposition if they would like to present that is new evidence that was not presented or available during the subcommittee process. Mr. Kelly Sheridan, attorney for the applicant, stated that they did not have any new evidence to present and the recommendation of the Subcommittee was supported by the applicant. Mr. Sheridan stated that the parking proposal was submitted to staff which was confirmed by Mr. Fugate.

Mr. Dan Prentiss, stated that he represented the Sakonnet Harbor Conservancy, and he did not have any new evidence to present to the Council but would like to present closing argument. Mr. Prentiss expressed concern in regards to the Individual Sewage Disposal System and the demolition of the structure being considered maintenance. Mr. Sheridan presented counter arguments regarding both the ISDS and the demolition/rebuild on the property.

Mr. Goldman itemized exhibits: parking policy and plan.

Mr. Ehrhardt asked Mr. Lemont about the use of the word “discretion” on Page 8 of the Findings of the Subcommittee. Mr. Lemont stated that he felt the usage of that word was appropriate and met the intent of the Subcommittee. Mr. Sheridan stated that the racks would be 11’ off the ground and that they could fit 67 boats on the rack and that the sail boats would be put on dry wells.

Mr. Shekarchi asked Mr. Prentiss if the intervener had filed any appeals with any other agency and the status of those appeals. Mr. Prentiss stated that no appeals had been sought as of yet. Mr. Shekarchi asked Mr. Prentiss when the intervener’s organization was formed. Mr. Prentiss stated that the Sakonnet Harbor Conservancy was formed in August of 1999.
Mr. Goldman took a roll call vote on which Council members read the transcript.

Mr. Vincent Yes
Mr.Shekarchi Yes
Mr. Ehrhardt Yes
Mr. Paolino No
Mr. Coia Yes
Mr. Sahagian Yes
Mr. Curran Yes
V.C. Lemont Yes
Chair Tikoian Yes

Mr. Curran, seconded by both Mr. Ehrhardt and Mr. Coia, moved to approve recommendation of subcommittee to approve application.

Mr. Sahagian stated that the memorandum by Dan Prentiss was very well written and asked Mr. Lemont if he was comfortable with Mr. Fugate making the call on variances. Mr. Lemont stated that it was discussed with Mr. Fugate and Mr. Goldman and that he was very comfortable with Mr. Fugate making the call on the variances involved.

Mr. Goldman took a roll call vote on the motion to accept the subcommittee recommendation:

Mr. Vincent Yes
Mr. Shekarchi Yes
Mr. Ehrhardt Yes
Mr. Sahagian Yes
Mr. Coia Yes
Mr. Curran Yes
VC Lemont Yes
Chair Tikoian Yes

Unanimous vote, motion carries.

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

2003-11-011 BRADFORD SWETT -- Construct a residential boating facility to consist of a: 4’ x 185’ +/- fixed timber pier with a 4’ x 20’ terminus “L” section. The terminus of the proposed dock will extend to 145-feet beyond mean low water (MLW) requiring a 95-foot length variance from the CRMP Section 300.4.E.3.(k) 50-foot beyond MLW standard. Located at plat 9, lot 300; Conanicut Island, Walcott Avenue, Jamestown, RI.

Mr. Quentin Anthony, attorney for the applicant was present as applicant’s representation. Chair Tikoian asked if he had the authority to bind the applicant to any changes. Mr. Anthony answered yes. Mr. Peter Brockmann, Esq. present for abutter. Dr. Mitchell, expert in GPS and GIS mapping, present for abutters

Staff Member David Reis gave Council brief overview of application with staff recommendations of no objections to the approval of application. Mr. Reis stated that the 25’ sideline setback was met and that in if dock was relocated to a more southern location the dock would have to extend further out to get water depth (north end of the property has the deepest water). Mr. Sahagian asked if the length of the dock was increased to avoid the SAV. Mr. Reis stated that it had been increased to get that -5’ depth, close to 30’-40’ length increase.

Peter Brockmann, Esq. representing abutters, Ed Reynolds and Nancy Wharton Reynolds. Mr. Brockman made presentation to Council in opposition of the proposed dock. Dr. Mitchell was called upon to talk about eel grass survey and mooring field position stating that the proposed structure was within 100’ of the nearest mooring. Mr. Fugate stated that the CRMC standard is 50’. Chair Tikoian stated that proposed structure not in mooring field. Mr. Brockman talked about the aesthetic value of the structure. Mr. Reis explained that the structure was a Burdick and Short design and these types of docks are typically higher to elevate over SAV areas to allow sunlight to reach eelgrass; also good in high wave energy conditions. Chair Tikoian asked Mr. Reis if other docks in area extend same distance. Mr. Reis stated that there were other docks in the area that extended the same distance. Mr. Vincent asked about the comment from Save the Bay. Chair Tikoian stated that the Council’s history with Burdick and Short design is favorable.

Mr. Sahagian, seconded by Mr. Coia, motioned approval of application. The motion carried with one vote in opposition from Mr. Shekarchi.

8. Category “A” List

There were none held.

The meeting concluded at 7:03 p.m.

 

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lisa A. Mattscheck

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