In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, June 22, 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
Neill Gray
Fred Vincent
Joe Paolino
Ray Coia
Jerry Zarrella
Tom Ricci

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:08 PM.

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

Mr. Coia, seconded by Mr. Ehrhardt moved approval of the June 8, 2004 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate announced that Virginia Lee, URI, would be giving the council an update on the Greenwich Bay SAM plan later in the agenda.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

5. CONTINUANCES:

2004-06-011 TIVERTON YACHT CLUB – Construct a new RIDEM approved ISDS with a 10’ x 16’ temporary bathroom structure. Located at plat 6-5, lot 5 and 30; 58 Riverside Drive, Tiverton, RI.

The applicant was not present. Chair Tikoian stated that the applicant’s legal counsel requested a continuance due to a medical issue. Chair Tikoian continued the application.

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

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.

Turner Scott, attorney for the applicant was present on behalf of the applicants. Daniel Crocker, attorney for the objectors, John & Cynthia Perixinho and John & Rita Verespy, was present on behalf of the objectors. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to construct and maintain a residential boating facility consisting of a 149’ x 4’ fixed pier, a 20’ x 3’ ramp, a 10’ x 15’ float and to install four tie-off pilings. Mr. Reis said the application required a 25’ variance to the standard. He said the staff biologist and engineer had no objections to the application and recommended approval of the application. Mr. Crocker explained that the objectors were opposed to the construction of 180’ dock where there are no other docks present. Mr. Crocker said this was type 2 water for low intensity use. He said one of the objectors was not able to attend the meeting due to a death in the family. Mr. Crocker requested that the application be continued so that he could present sworn testimony from the objectors. Chair Tikoian asked if both sets of objectors were not present. Mr. Crocker responded that none of the objectors were present. Mr. Coia, seconded by Mr. Ricci moved to deny Mr. Crocker’s request for a continuance. The motion was carried on a unanimous voice vote. Mr. Crocker said they have no biological or environmental objections to the application. He said there are no other docks within a mile of this dock and felt the length of this dock was not in conformance with the area. Mr. Crocker stated that they were concerned with the impact this dock would have on the scenic value of this area. Mr. Crocker said the dock is adjacent to Boyd’s marsh and the objector is one house away from this. Mr. Crocker noted that CRMC staff felt there would be no impact on Boyd’s marsh but the objectors were concerned with the impact on the wildlife in the marsh area. Mr. Crocker felt this may have an adverse impact to Boyd’s marsh. Chair Tikoian stated that the issue of Boyd’s marsh was raised in the objectors’ letter and that staff scrutinized this thoroughly and felt there would be no impact to the marsh. Mr. Reis noted that staff had considered the objectors’ objection and the proximity of the proposed dock to the Boyd’s marsh and felt there would be no impact. He also noted that the Army Corps restoration project mentioned in the letter would be further away from the dock. Mr. Scott felt that the staff report answered all of the objectors’ concerns and objections. Mr. Scott said the dock was around a bend and could not be seen from Mt. Hope Bridge. Mr. Scott requested that the council approve the application. Mr. Gray was concerned with lateral access. He said the second set of stairs removed could be moved between pilings 2 and 3 and this would allow for lateral access. Mr. Gray asked if the applicant would agree to do this. Mr. Scott replied yes. Mr. Zarrella asked how many boats there would be on the dock. Mr. Scott responded only one boat but that they are authorized to have up to four boats on the dock. He said they would like to have two boats on the dock. Mr. Sahagian felt the applicant met all of the CRMC criteria for a dock. Mr. Sahagian, seconded by Mr. Ricci moved approval of the application with all staff stipulation and the variance. Mr. Gray, seconded by Mr. Ehrhardt moved to amend the motion to add the stipulation that the stairs be moved one piling to the west. The amendment failed on a 6 to 4 vote. The motion carried.

2003-12-004 CLIFFORD WHITE/MARY FARRELL – Construct a residential boating facility to consist of a 4’ X 120’ fixed timber pier, a 3’ x 18’ ramp, a 150 square foot float and two (2) tie off piles. The terminus of the dock will extend to 95-feet beyond MLW. Located at plat 3 lot 121; 541 Seaside Drive, Jamestown, RI.

Clifford White, the applicant was present. Warren Hall, the applicants’ engineer was present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to construct a residential boating facility to consist of a 4’ x 120’ fixed timber pier, a 3’ x 18’ ramp, a 150’ sf float and two (2) tie off pilings. Mr. Reis said a 45’ length variance was needed. He said the staff biologist and engineer had no objection to the application. Mr. Reis stated that this was in an eel grass area but the applicant raised the dock by using the Burdick & Short design to avoid the eel grass and allow sunlight under the dock. Mr. Gray noted that the plans show five embodiments and there are normally 10 embodiments. Mr. Reis explained that the applicants’ engineer’s answer indicated that there is ledge and rock in the area and they may only have a 5’ depth. Mr. Hall stated that 10’ is usually the standard but in the Jamestown area 5’ is about the average. Mr. Gray asked if 5’ depth was enough if the weather is severe. Mr. Hall replied yes. Mr. Ehrhardt asked what the distance was to the southern property line. Mr. Hall responded that there is 30’ from the float to the southern property line. Mr. Coia, seconded by Mr. Paolino moved approval of the application with all staff stipulations and the 45’ length variance. The motion was carried on a unanimous voice vote.

2003-06-002 GLENDA & GERALD KIRBY, JR. – Construct a residential boating facility to consist of: 4’ x 80’ +/- 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.

Glenda Kirby, the applicant was present. Warren Hall, the applicants’ engineer was also 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 to consist of a 4’ x 80’ fixed timber pier with a 4’ x 20’ lower terminus “L” section. Mr. Reis explained that the pilings will be pinned to the ledge. Mr. Reis stated that the dock extends 53.6’ beyond mean low water and required a 3.6’ length variance. He said there is eel grass in the area and that the applicant was using the Burdick and Short design to raise the height of the dock to allow sunlight under the dock. Mr. Reis said staff had no objection to the application. Mr. Vincent asked if there would be a hazard due to the use of steel pins. Mr. Reis explained that the pins are attached to the ledge and are considered a variance pursuant to Section 400.4.3.O. He said the pins are steel and therefore require a variance. Mr. Reis stated that a bond would be placed to remove the steel pins if the dock was destroyed. Mr. Gray asked how many anchors (pins) per piling there would be. Mr. Hall responded that there would be two pins per piling towards the water and inward there would be one pin per piling. Mr. Ehrhardt, seconded by Mr. Vincent moved approval of the application with all staff stipulations and the variance. The motion was carried on a unanimous voice vote.

7. Staff Reports – Update on Greenwich Bay Special Area Management Plan

Virginia Lee, Assistant Director, URI School of Oceanology, gave council members an update on the Greenwich Bay Special Area Management Plan and passed out a handout on the SAM plan to council members. Chair Tikoian thanked Ms. Lee for her presentation. Chair Tikoian stated that once the SAM plan is finished it would go before a subcommittee for their review and then to the policy and planning subcommittee for their review and finally to the full council for their review.

8. Applications requesting Administrative Approval before the Full Council:

2002-10-039 WILLIAM LORD – Construct a 26’ x 30’ single family dwelling with an attached 8’ x 20’ deck. The dwelling will be connected to municipal water and sewer service. Also, install a permeable driveway and fences as shown on the submitted plans. Located at plat R, lot 281; Saltaire Avenue, Narragansett, RI.

William Lord, the applicant was present. Donald Packer, the applicant’s attorney was also present. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application required a 47’ variance to the 50’ buffer. He said the buffer proposed goes from 3’ to 10’. Mr. Reis explained that the applicant went back to the Town of Narragansett to get a variance for the front yard setback, which had been granted. Mr. Reis said there would be an average of a 10’ buffer. Mr. Reis stated that there is 15’ from the feature at the closest point to the house and a 60’ variance was needed to the 75’ setback requirement. Mr. Reis stated that there was no staff objection to the application. Mr. Reis explained that this was one of the last remaining undeveloped lots in this area and there would be a conservation easement given by the applicant. Chair Tikoian noted that this was a result of the town pass overlay district to move a house closer to the road. Mr. Packer replied yes. Mr. Gray stated that there was stipulation that there would be no decks or balcony on the south or west side of the property and that the plan shows a deck. Mr. Reis responded that the deck there now was okay but there could be no future decks or balconies. Chair Tikoian stated that the stipulation should read “no additional decks or balconies”. Mr. Vincent asked if Mr. Goldman had seen the form for the conservation easement. Mr. Goldman replied yes that he drew up the conservation easement form that would be used. Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the variances. The motion was carried on a unanimous voice vote.

2004-02-055 SHELTER HARBOR FIRE DISTRICT – Provide a 25-foot undisturbed coastal buffer zone with a ten foot wide access path to an existing concrete boat ramp. Naturalized shrub plantings will be placed within an existing cleared portion of the proposed buffer zone. Also, conduct upland clearing and landscape work landward of the proposed buffer zone. This work will include native shrub plantings along adjacent property lines. Finally, relocate and rebuild an existing, timber boat rack landward of the proposed buffer zone. Located at plat 135, private ROW; Bach Road, Westerly, RI.

Kristen Sherman, attorney for the applicant was present on behalf of the applicant. Daniel Crocker, attorney for the objector was also present. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was for a buffer zone management plan. Mr. Reis stated that there had been negotiations with the applicant and the application had been modified to a 25’ buffer zone on the property. Mr. Reis said the existing boat rack would be removed and relocated landward. He noted that outside the 25’ buffer upland there would be landscaping development. Mr. Reis stated that there was no biological objection to the application. Ms. Sherman stated that their biologist report was in the packet and they also filed over 190+ affidavits in support of the application to CRMC. Ms. Sherman stated that the objection by Mr. Crocker was not a substantive objection. Ms. Sherman felt the application meet the CRMC regulations and buffer requirements. Mr. Reis noted that they had received 176 affidavits in support of the application and that he passed passed out a copy of the affidavit to council members. Mr. Crocker stated that the boundary and title were in dispute. Mr. Crocker stated that the boundaries on the plan do not represent the true plan. Ms. Sherman stated that the property ownership had not been raised prior to the hearing. Ms. Sherman said they provided proof of ownership in the packet submitted to CRMC. Ms. Sherman stated that the ownership issue was not a CRMC issue. Chair Tikoian noted that this application had been around for a while and asked why this issue had not been raised earlier or why the objector did not file suit. Mr. Crocker said they had raised the issue over a year ago with the applicant and that they have been in negotiations with the applicant’s attorney and was surprised the application was up for consideration before the council. Mr. Crocker stated that they will file quite title action in Superior Court. Chair Tikoian suggested that the council kick the application over for 30 days for the applicant’s attorney and the objector’s attorney to work out the matter or a court action is filed. Mr. Zarrella felt the applicant’s attorney should have represented to the council that they have been in negotiations with another attorney regarding the application. Mr. Zarrella felt the council should table the matter. Chair Tikoian recommended that the application be put off 30 days to the July 27th meeting. Mr. Reis noted that if the application was delayed 30 days there would be no adverse impact. Chair Tikoian continued the application to the July 27th meeting.

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

Salt Pond Region Special Area Management Plan
Section 920.2: Control of Pollution from Storage Tanks

Narrow River Special Area Management Plan
Section 920.4: Control of Pollution from Storage Tanks

Chair Tikoian opened the public hearing. Mr. Fugate explained that proposed changes to the Salt Pond SAM Plan and the Narrow River SAM Plan. Mr. Fugate stated that the council’s regulations prohibit use for underground storage tanks for petroleum products for heating oil. Mr. Fugate stated that this was not intended for propane or compressed natural gas and would not be a prohibited use as this was not the same threat of oil products. Mr. Vincent commended the council for their action on this. Mr. Vincent asked if the size of the tank would be limited. Mr. Fugate stated that most of the tanks that they have seen have been small propane tanks for residential use. Mr. Vincent noted that under DEM regulations stated that a residential tank under 1100 gallons was not in DEM regulative jurisdiction but over an 1100 gallon tank was. Mr. Fugate stated that this was to catch residential tanks for heating oil not propane tanks. Mr. Zarrella felt the council should follow the DEM regulations on this. Chair Tikoian explained that these are SAM plan areas only and that the DEM regulations are for the whole state. Mr. Fugate said this was to protect the ponds. Chair Tikoian stated that they do try to coordinate with DEM and stay on the same footing. Mr. Sahagian asked if this was for new tanks only. Mr. Fugate responded yes and that this would capture replacement of new tanks. Chair Tikoian called for public comment. There was no public comment. Vice Chair Lemont, seconded by Mr. Coia moved approval of the changes to the Salt Pond SAM Plan and the Narrow River SAM Plan. The motion was carried on a unanimous voice vote.

10. Enforcement Report – May, 2004

There were none held.

11. Cagtegory “A” List

There were none held.

There being no further business before the council the meeting, the council went into Executive Session pursuant to RIGL 42-46-5.1 to discuss personnel issues at 7:04 p.m. Chair Tikoian called for a roll call vote to go into Executive Session:

On the motion to go into Executive Session:

Mr. Vincent Yes Mr. Sahagian Yes
Mr. Gray Yes Mr. Coia Yes
Mr. Abedon Yes Mr. Ricci Yes
Mr. Ehrhardt Yes Vice Chair Lemont Yes
Mr. Zarrella Yes Chair Tikoian Yes
Mr. Paolino Yes

11 Affirmative 0 Negative 0 Absentation

The Executive Session adjourned at p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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