In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, June 8, 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
Dave Abedon
Larry Ehrhardt
Joe Shekarchi
Neill Gray
Fred Vincent
Sen. Dan DaPonte
Sen. Susan Sosnowski

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
Brian Goldman, Legal Counsel
John Longo, Legal Counsel

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. Ehrhardt, seconded by Mr. Shekarchi moved approval of the May 25, 2004 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate passed out an article on shellfish and the positive side of it based on research done in Rhode Island as part of caged aquaculture for council members’ information.

Chair Tikoian requested that Mr. Fugate give council members an update on the East

3. SUBCOMMITTEE REPORTS Greenwich SAM Plan at the next council meeting.

Chair Tikoian reported that the policy and planning subcommittee recommended changes to Section 120 – Variances and requested that they be sent out to 30-day public notice and scheduled for a hearing at the July 13, 2004 meeting. Vice Chair Lemont, seconded by Mr. Shekarchi moved to accept the policy and planning subcommittee changes to Section 120 – Variances that it be sent out to public notice and placed on the July 13, 2004 agenda. The motion was carried on unanimous voice vote.

4. CONTINUANCES:

2003-07-037 HOWARD AND SHARON HAYDEN – Construct and maintain residential boating facility consisting of a 149’ x 4’ (+/-) fixed pier; 20’ x 3’ ramp and a 10’ x 15’ float. Also, install four tie-off piles. The facility will extend 75’ (+/-) beyond MLW. Located at plat 7, lot 2; 168 Bayview Avenue, Portsmouth, RI.

The applicants were not present. Chair Tikoian stated that the attorney for the objector requested a continuance on the application and the applicant’s attorney agreed to a continuance. The application was continued.

C&D #2002-3430 CAROL PAYNE – CRMC Assent A2001-10-032; Located at plat 5, lots 107-109, 111, 112; Beach Avenue and Ocean Avenue, New Shoreham, RI.

The applicant was not present. Chair Tikoian informed council members that the attorney for the violator/applicant requested a continuance. Chair Tikoian continued the matter.

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:

2004-04-071 PETTIS BOAT YARD -- Revise the existing authorized Marina Perimeter Limit and expand the boat count from 35 boats to 70 boats. Located at plat 292, lot 281; 1 Bay Lawn Avenue, Warwick, RI.

Skip Pettis, the applicant was present. Richard St. Jane, the applicant’s engineer was also present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that the application was both an expansion to a marina from 35 boats to 70 boats and to expand the marina perimeter limit. Mr. Fugate said 57 parking spaces are required and the applicant has 70 parking spaces. Mr. Fugate stated that the applicant requested a variance to the marina pumpout station. He said staff recommended approval of the application. Mr. Shekarchi asked what local approvals, if any, the applicant had received. Mr. Pettis stated that they have received all local approvals. Mr. St. Jane stated that they had also received approval from the harbor commission. Mr. Abedon stated that they are going from 35 boats to 70 boats. Mr. Pettis replied yes. Mr. Abedon asked if the new perimeter limit is granted could they go in excess of 70 boats. Mr. Pettis replied no. Chair Tikoian asked Mr. Fugate to explained the guidelines for marina perimeter limits. Mr. Fugate explained that a 25% expansion of a marina perimeter limit on the original assent is allowed and is approved administratively. Mr. Fugate said if a marina has 100 boats they could expand to 125 boats administratively. Mr. Fugate stated that if the expansion is over 25% it is a Category B application and must come before the full council. Mr. Fugate stated that the applicant expanded to the federal limit and there could be no further expansions and they could not expand physically anyway. Mr. Ehrhardt stated that the plan in the packet does not show the existing marina perimeter line and what is proposed. Mr. Ehrhardt wanted to see a copy of the plan. Mr. Fugate showed Mr. Ehrhardt a copy of the plan and explained the map and showed where the marina perimeter limit will be and said that the sidelines would stay the same. He said they are expanding out to the southeast line. Mr. Gray asked what the water depth was at the outer most limit at the changed line. Mr. St. Jane replied a 6’ depth. Mr. Gray asked about the existing dock to the north side outside the marina perimeter limit and noted that the docks were close to each other. Mr. Gray asked if there was any agreement that there would be no boat on that side of the dock. Mr. St. Jane replied that there is 20 feet between the two docks. Mr. Pettis stated that this was a fixed pier and the abutter does not put a boat on that pier and he has spoken with Mr. Walton, the abutter about this. Mr. Sahagian, seconded by Mr. Abedon and Sen. DaPonte moved approval of the application with all staff stipulations and the variance. The motion was carried on a unanimous voice vote.

2004-02-025 JOSEPH CATELLI – Install two boat lifts at an existing commercial pier. Also, construct 4’ x 18.9’ fixed pier at the terminus of the commercial pier. Located at plat I, lot 23-2A; 1165 Succotash Road, Narragansett, RI.

Mr. Sahagian recused himself.

Joseph Catelli, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson explained that the application was to modify an existing commercial boating facility and to add an addition 9’ x 14’ extension and add two mechanical boat lifts. Mr. Anderson stated that there were no staff objections to the application and no variances were needed. Mr. Anderson said staff recommended approval of the application. Mr. Ehrhardt stated that the existing dock was not shown in the packet and requested that next time both plans be in the packet. Mr. Anderson explained that the proposed extension and boat lifts were within the existing piling area approved and that it does not extend out over the pilings assented. Mr. Shekarchi, seconded by Senators Sosnowski and DaPonte moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2003-05-163 QUONOCHONTAUG CENTRAL BEACH FIRE DISTRICT – Establish a marina perimeter limit and a boat capacity at the application contends pre-dates the establishment of the RICRMP. Located at P 1, L 125; Sunset Drive, Charlestown, RI.

Bruce Goodsail, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson explained that the application was to legalize a lot of pre-existing structures in the pond. Mr. Anderson said they are bounded by the marina perimeter limit and that staff applied the marina perimeter limits regulations to the application. Mr. Anderson stated that there was an objection faxed and conditions that they wanted the applicant to agree to and that the applied agreed to the objector’s conditions. Mr. Anderson said staff recommended approval of the application. Mr. Sahagian asked if there was a signed agreement with the objectors. Mr. Goodsail stated that they agreed to the letter by objector’s attorney and they worked out an agreement with the objectors which were outlined in the May 21, 2004 letter. Mr. Goodsail also stated that they had a letter of no objection from the objectors. Mr. Gray noted that there was no copy of the revised plan in the packet and could not see what the council was reviewing. Mr. Anderson said he was not sure the modified plan had been reduced for the packet. Mr. Gray stated that staff was saying there were 10 out hauls and Bob Frost, the manager, was saying there were 15 out hauls. Mr. Gray wanted to know how many out hauls there were. Mr. Goodsail stated that they were relying on the plan and said there would be less than 15 out hauls and they wanted to have 10 out hauls allowed at this point. Mr. Gray asked if the storage racks were hand operated. Mr. Goodsail replied yes. Leo Mannelli, president of the Sunset Drive Association, which is made up of 37 families, stated that they submitted a letter to CRMC in the fall to find out what was being done. Mr. Mannelli stated that its their understanding that the application was to legalize existing structures and wanted to make sure there would be no changes to what exists currently. Mr. Mannelli said they withdrew their letter of objection. Mr. Mannelli stated they just wanted to make sure no changes to what is there now. Mr. Mannelli said they have no objection to the council approving the plan. Mr. Gray, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

Chair Tikoian requested that Mr. Fugate have staff make sure both maps/plans are the packet for council members’ review.

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

Coastal Resources Management Program
Section 300.14 Maintenance of Structures

Revise Section 300.14.B.5 as follows:

Chair Tikoian opened the public hearing. Chair Tikoian asked Mr. Fugate to explained the proposed program change. Mr. Fugate explained that this was part of the outgrowth of the dredging project in the Providence River. Mr. Fugate said there was a concern when the dredging applications came in for the upper Providence River and when they looked at the slopes and the bulkheads they noticed that they have not been maintained over 100 years or so. Mr. Fugate said the proposal would require that when a maintenance application is filed the applicant must do a fitness of purpose for the dock and have it certified by an engineer that the dock is fit for that purpose. He said there was a concern with large vessels coming in and out of the area and the impact it would have on the docks in the area. Chair Tikoian called for public comment. There was no public comment. Mr. Abedon asked about the language “may be required”. Mr. Fugate explained that it depends on the fitness of the structure. He said some structures are not maintained and they would be reviewed by staff and then by the executive director to make a decision if the structure was fit. Mr. Vincent asked if an applicant goes to the section referenced if this would give them guidelines to see what the requirements are. Mr. Fugate replied yes there are a set of guidelines for this to certify that the dock is fit. Mr. Vincent asked if it is requested that they certify they meet and reviewed the guidelines. Mr. Fugate replied yes. He said the engineer would have to certify that they met the guidelines. Chair Tikoian noted that there was a concern with large vessels coming in and out and they wanted to protect the piers and the area. Vice Chair Lemont, seconded by Mr. Vincent moved approval of the revisions to Section 300.14.B.5. The motion was carried on a unanimous voice vote.

8. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned 6:49 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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