Semi-monthly Meeting – Full Council
Tuesday, July 27, 2004; 6:00 p.m.
Boardroom; Narragansett Bay Commission
One Service Road, Providence, RI

AGENDA

Reading of the minutes of the previous meeting.
Staff Reports.
Subcommittee Reports.

Applications that have been Out to Notice and are before the Full Council for Decision:

2004-05-135 RIDOT (Cliff Walk) — Repairs/restoration/improvements to "Cliff Walk" at twenty-seven (27) locations, between Ruggles Avenue to terminus at Bailey Beach. The proposed is to generally restore the pedestrian access and safety of the Cliff Walk*. Work was previously approved by CRMC (1994) but not implemented due to funding. Located on the "Cliff Walk" in Newport, RI.

2004-05-024 ROBERT RHEAULT/SPATCO — Establish a five acre aquaculture farm to culture the American Oyster. The farm proposes to broadcast predator proof oysters on the bottom entailing the use of no gear. Oyster will then be harvesting using traditional methods. Located in Point Judith Pond, Narragansett, RI.

2004-01-061 DONALD R. THEROUX — State of Rhode Island Assent (in accordance with the Coastal Resources Management Program), and a State of Rhode Island Dredge Permit (in accordance with the Marine infrastructure Maintenance Act of 1996 and the Marine Waterways and Boating Facilities Act of 2001, Rhode Island General Laws Chapter 46-6.1) to perform 900 cubic yards of new dredging, construct a 4' x 160' residential pier with 2 floats-varience's have been requested. Located at plat 1, lot 160; 75 Seaview Avenue, Cranston, RI.

2000-07-047 MARK & LINDA FORMICA — Modification of existing Assent -- Request to add an additional 150 sf of terminal float at an existing residential boating facility. The resultant total square footage of terminal float will therefore be 300 sf, which exceeds the standard terminal float limit specified in Section 300.4.E.3.d by 150 sf. Located at plat 19, lot 145; 61 Asylum Road, Warren, RI.

2004-02-055 RAY MANIERRE — Construct and maintain a residential boating facility on AP 89-3, Lot 56, South Kingstown, A lot which does not contain a residence. The proposed facility is to consist of a 4' wide ramp and fixed pier which is to extend 31 +/- feet seaward of the cited Meal Low Water mark. Located at plat 89-3, lot 56; Twin Peninsula Avenue, South Kingstown, RI.

Applications requesting Administrative Approval before the Full Council:

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.

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

Coastal Resources Management Program
Section 120. Variances

A. Applicants desiring a variance from a standard shall make such request in writing and address the six criteria listed below in writing. The application shall then be granted an Assent only if the Council finds that the following six criteria are met:

1) The proposed alteration conforms with applicable goals and policies in Parts Two and Three of the Coastal Resources Management Program.

2) The proposed alteration will not result in significant adverse environmental impacts or use conflicts, including but not limited to, taking into account cumulative impacts.

3) Due to conditions at the site in question, the applicable standard cannot be met.

4) The modification requested by the applicant is the minimum variance to the applicable standard necessary to allow a reasonable alteration or use of the site.

5) The requested variance to the applicable standard is not due to any prior action of the applicant or the applicant's predecessors in title. With respect to subdivisions, the Council will consider the factors as set forth in (B) below in determining the prior action of the applicant.

6) Due to the conditions of the site in question, the standard will cause the applicant an undue hardship. In order to receive relief from an undue hardship an applicant must demonstrate inter alia the nature of the hardship and that the hardship is shown to be unique or particular to the site. Mere economic diminution, economic advantage, or inconvenience does not constitute a showing of undue hardship that will support the granting of a variance.

B. In reviewing requests for buffer zone variances for subdivisions of five (5) lots or less, the Council will review on a case-by-case basis the extent to which the prior action of the applicant or its predecessor in title created or caused the need for a variance, whether the applicant has created the need for a variance by the subdivision and whether the subdivision complies with local zoning requirements.

C. Relief from a standard does not remove the applicant's responsibility to comply with all other Program requirements.

D. Prior to requesting approval for a CRMC variance, in those instances where a variance would be obviated if a variance for a setback were acquired from the local municipality, the applicant must first exhaust his remedies before the local municipality.

Enforcement Report mdash; June, 2004

Category "A" List

CALENDAR INDEX