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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, August 24, 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 Shekarchi
Dave Abedon
Larry Ehrhardt
Neill Gray
Fred Vincent
Joe Paolino
Ray Coia
Tom Ricci
Sen. Susan Sosnowski
Rep. Jan Malik
Jerry Zarrella

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Ken Cute, CRMC Marine Resource Specialist
Amy Silva, CRMC Biologist
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. Coia, seconded by Mr. Shekarchi moved approval of the August 24, 2004 minutes. The motion was carried on a unanimous voice vote. Mr. Gray noted that on Application 2004-01-061 Donald R. Theroux in the description of the application it mentioned 900 c.y. of dredging but this was not part of the motion. Mr. Fugate noted that the application had been modified since it was advertised and there was no longer any dredging.

2. STAFF REPORTS

Mr. Fugate gave council an update on the Newport Cliffwalk project relating to Marine Drive. Mr. Fugate stated that he contacted both parties and RI DOT agreed not to move forward on this portion of the project and this was satisfactory to the objectors. Mr. Fugate also stated that the RI DOT will be taking the Marine Avenue portion out of their advertisement.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

4. Chair Tikoian announced that the council will go back to its regular meeting schedule in September, meeting twice a month.

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

5. APPLICATION REQUESTING EXTENSION OF ASSENT:

1988-04-018 Seaside Realty Trust/Heath Management Co. – Due to numerous litigation and regulation changes which prevented the owner from completion of the Beach Club Build-out, applicant is requesting an extension. Located at Plat N-S; 631, 632, 632A and 633; Bonnet Shores Beach Club, Narragansett, RI.

Mr. Sahagian and Mr. Ricci recused themselves.

Peter Ruggerio, attorney for the applicant was present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that the application had been extended by the council for the construction of additional units for the Bonnet Shores Beach Club about a year ago. Mr. Fugate noted that during this time the applicant could not build because they did not have a building permit because of outstanding violations on the ISDS permit. Mr. Fugate said the applicant asked to have the clocked pulled or request an extension of the assent until the issue to utilized the units was resolved. Mr. Ruggerio stated that the applicants had been involved in extensive litigation and there was a dispute over the final construction of units. Mr. Ruggerio said on December 9, 2003 the Superior Court had ruled in favor of the applicant. Mr. Ruggerio said there were DEM violations against the Beach Club. He said he received a letter on 6/29/04 from the Narragansett Building official because of the inability of the septic systems they could not build. Mr. Ruggerio wanted to know if the 6/29/01 extension was still total or if not total. Chair Tikoian responded that the extension was not totaled and it was up to the council whether to grant an extension. Chair Tikoian noted that DEM issued approval on 7/20/04 for the septic system. Mr. Fugate explained that the Beach Club is in for a repair application for the existing septic system. Mr. Zarrella said this was tied up in litigation and the DEM violation was issued during the litigation period. Mr. Zarrella asked how long of an extension the applicant was requesting. Mr. Ruggerio responded a one year extension and they want to preserve their rights. Mr. Fugate explained that an applicant is allowed one (1) one year administrative approval for an extension and the council can grant three (3) one year extensions. Chair Tikoian noted that the council only granted one extension. Mr. Abedon asked if this was an unusual requested. Chair Tikoian replied no. Mr. Zarrella, seconded by Mr. Coia moved approval of a one-year extension from today. Mr. Abedon said there were 930 units in the approval but there were 1069 units in the application. Mr. Abedon asked how many units there were. Mr. Ruggerio responded 938 build out units for the Bonnet Shores Beach Club and his clients own the rights to the other units to build them. Mr. Shekarchi stated that there were only a total of 1069 units approved. The motion was carried on a unanimous voice vote.

6. HARBOR MANAGEMENT PLANS BEFORE THE FULL COUNCIL FOR DECISION:

Block Island Harbor Management Plan – Requesting extension to January 2005.

Chair Tikoian stated that the Town of Block Island had requested an extension on the existing harbor management plan to January 2005. Chair Tikoian noted that the subcommittee is currently still reviewing the Champlin’s application. Vice Chair Lemont, seconded by Sen. Sosnowski and Mr. Coia moved approval of the existing harbor management plan with the exception of mooring field “e” and the portion relating to the Champlin application. The motion was carried on a unanimous voice vote.

Bristol Harbor Management Plan – Plan before Council for consideration for full approval.

Mr. Goldman explained that the existing Bristol Harbor Management Plan was set to expire. He said the town submitted a new plan but there were problems with the dates and some technical issues. Mr. Goldman said he spoke with Mr. Ursillo, the town solicitor and told him of the problems with the proposed harbor management plan application and requested that the current plan be extended six (6) months so they can work out the issues regarding the new harbor management plan. Mr. Ehrhardt asked if the extension would be six months from the expiration date of the plan or from today. Mr. Goldman responded today. Chair Tikoian noted that he had some concerns with information on pages 22, 23, 26, 44 and 48 and asked staff to look at them. Mr. Shekarchi, seconded by Mr. Vincent moved approval of the existing harbor management plan for six months from today so they can work out the issues on the new harbor management plan. The motion was carried on a unanimous voice vote.

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

2004-06-040 RIDEM/Division of Planning & Development – Define/establish a marina perimeter limit, install an 8’ x 64’ float, and a 4’ x 150’ +/- (total) floats, to maintain five research vessels. Located at Fort Wetherill Marine Base, Fort Wetherill Road, Jamestown, RI.

Mr. Vincent recused himself.

Robert Sutton, RI DEM 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 establish a marina perimeter limit, install an 8’ x 64’ float and a 4’ x 150’ float and to maintain five research vessels. Mr. Reis said no variances were required and staff recommended approval of the application. He said the eel grass issue of concern had been raised in the staff report but staff felt it would not stop this project in type 3 waters. Mr. Sutton explained that the application represented a series of negotiations with the town. He said there would be five boats related to the marine fisheries facilities moored on the dock and used by them. Chair Tikoian asked him to address the SAV issue. Mr. Sutton responded that there were no staff objections to this and that he was not an expert on eel grass. Chair Tikoian asked if staff had spoken with DEM regarding the eel grass issue. Mr. Reis replied yes he spoke with Chris Powell but they were not sure how much eel grass there was in this area. Mr. Reis stated that the area they are putting the dock is in a heavily used area and that the eel grass in this area is surviving in an area heavily used for boating. Mr. Gray stated that staff recommended that the marina perimeter limit stop at the southwest end of the bulkhead. Mr. Gray noted that there was staff concern regarding the marine pumpout north of the site and asked where the existing pumpout was. Mr. Sutton stated that the existing pumpout station is about ½ mile by water at East Ferry Pier. Mr. Gray stated that the town marina does not have a pumpout. Mr. Reis replied no they have restrooms on land. Mr. Gray asked if there was an overlap from the town’s marina perimeter limit and the DEM marina perimeter limit. Mr. Gray asked if the town marina perimeter limit stopped short of the bulkhead. Mr. Reis replied yes. Vice Chair Lemont, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2004-03-002 PATRICIA ROMPF – Construct a residential boating facility to consist of a 4’ x 107’ fixed timber pier with a 4’ x 20’ fixed terminus access platform (see attached plans). Two variances are required from the RICRMP Section 300.4 (mooring field setback and geologic site conditions for support). Located at Plat 8, Lot 268; Conanicut Island, 124 Bay View Drive, Jamestown, RI.

Patricia Rompf, the applicant was present. Joseph Hall, the applicant’s attorney and Warren Hall, 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 to construct a residential boating facility to consist of a 4’ x 107’ fixed timber pier with a 4’ x 20’ fixed terminus access platform. Mr. Reis stated that a variance was required for the pinning of the pilings to the ledge. Mr. Reis said there is eel grass in the area and the dock was designed using the Burdick & Short model to filter light under the facility. He said there is a -5’ depth of water. Mr. Reis said staff recommended approval of the application. Mr. Sahagian asked if the applicant had read the staff stipulations which required the applicant to post a bond if there is a storm and the dock was destroyed. Mr. Hall said they agreed to the staff stipulations. Mr. Reis explained that the stipulation was that the pins needed to be removed if the dock was destroyed. Mr. Zarrella asked what the time limit was to remove the pins. Mr. Reis said 60 to 90 days. Chair Tikoian noted that the application was before the full council because of the pinning issue and that the dock subcommittee had recommended approval of the application. Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the stipulation that the pins be removed within 90 days if the dock was destroyed because of a storm. Mr. Gray said the boats would be along the terminus only. Mr. Hall agreed. Mr. Gray stated that there was concern by the town for the mooring field and that their harbor management plan had expired. Mr. Gray asked if the plan expired because of the town or for another reason. Mr. Reis was not sure Mr. Hall stated that they sent a copy of the application to the harbormaster. The motion was carried on a unanimous voice vote.

2003-01-11 MOUNT DEVELOPMENT GROUP, LLC – Construct and maintain a 3-bedroom dwelling (36’ x26’) with an attached deck (10’ x 12’) to be serviced by a RIDEM approved ISDS and town water. Located at Plat 362, Lot 2-6; Cove Avenue, Warwick, RI.

Mr. Shekarchi and Mr. Ricci recused themselves.

John Shekarchi, attorney for the applicant was present on behalf of the applicant. Scott Rabideau, the applicant’s biologist and Scott Moorehead, 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 previously before the council and a concern was raised regarding the stipulations of the previous assent and it was sent back to the executive director for his review. Mr. Fugate explained that he met with the applicants and they worked on a compromise and staff recommended approval of the application. Mr. Goldman said that due to miscommunication regarding the buffer zone, the applicants gave up their rights to develop on another lot. Mr. Goldman stated that the applicant had changed their plans. Mr. Shekarchi stated that the application had been continued from the February meeting and they had reduced the size of the house from 36’ x 36’ to 32’ x 26’ and they moved it outside the buffer area. Mr. Shekarchi stated that staff suggested that they merge the lots so there was no confusion in the future. Mr. Shekarchi stated that they agreed to merge the lots. Mr. Coia, seconded by Mr. Zarrella moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2004-02-031 STONE HARBOR DEVELOPMENT CORP – Construct and maintain a 39 boat capacity marina in Bristol Harbor as shown on the attached plans. The applicant proposed marina perimeter limit is also shown on the plans. Located at Plat 9, Lot 24, 35, 40; 345 Thomas Street, Bristol, RI.

Kristen Sherman, attorney for the applicant was present on behalf of the applicant. Chris Reynolds, the project manager and Stanley White, the applicant’s waterfront design expert were also present on behalf of the applicant. Ms. Silva gave council members a brief summary on the application. Ms. Silva stated that the application was for a 39 slip private marina with a marina perimeter limit. Ms. Silva said a 2002 assent was issued for a private condominium complex with broadwalks and they had mentioned a dock in their application. Ms. Silva stated that the applicant meets all CRMC requirements and regulations and that staff recommended approval of the application. She said public access was still a concern. Ms. Silva stated that there was a question as to whether public access was part of the existing condominium public access or if additional public access was needed. She said the town asked for additional time to comment on the application. Ms. Silva stated that the planning board and harbor commission had some revisions but approval was likely. Ms. Silva said the harbor commission had much testimony and still had recommendations of objection to the design of the dock. Ms. Silva said the dock design met the CRMC requirements and there would be lease agreements to CRMC. Chair Tikoian noted that a newspaper article referred to 20 slips. Ms. Silva responded that the dock would be the same size for 39 slips. Rep. Malik stated that the dock had been reduced from 44 slips to 39 slips. Mr. Goldman explained that the applicant’s attorney had forwarded him the lease agreement for his review and they are continuing to draft a generic lease agreement which will be finished shortly. Mr. Goldman said the council could approve the application subject to the lease agreement. Mr. Zarrella asked if staff was comfortable with the location area for the pumpout station. Ms. Silva replied yes. She said the pumpout is at the seaward edge of the facility and not in a slip area. Mr. Zarrella asked if there was anything in the regulations that said the pumpout station had to be functional and if the pumpout station does not work can they revoke the assent. Chair Tikoian responded there is nothing in the regulations but they should work with DEM on this. Mr. Fugate stated that there is language in the assent that said the assent could be revoked if the pumpout did not work. Ms. Sherman made a brief statement on the application. Ms. Sherman stated that this was part of the larger condominium project and they created a public access broadwalk with a sitting area. She said they worked with staff on this. She stated that the Water Quality Certification and Army Corps permits were pending CRMC’s decision. She said the objectors issues were not with this application but with a proposed Bristol 228 slip marina. Chair Tikoian noted that an application for that proposed marina had not been received or submitted to CRMC. Ms. Sherman stated that there were only three objections on record and they had been resolved. Ms. Sherman said they received a letter in May 2004 with nine objections by the town. She said they met with the planning board between July and August and gave them more parking and they received a letter of no objection from the town. She said they were surprised by the harbor commission’s objection as they appeared before them twice. Ms. Sherman stated that the harbor commission felt the marina was too large and wanted them to move it in 100 feet. She said they modified the marina and pulled it in 55 feet and removed a portion of the dock. She noted that the harbor commission hired their own private consultant, OCC to review the design and they recommended no further reduction in the dock. Ms. Sherman stated that the application met CRMC standards. Chair Tikoian asked if she felt the record was complete or if she wanted to put forth her witnesses. Ms. Sherman felt that some of the objections were addressed and the public access had been addressed. Chair Tikoian suggested that they hear from the objectors first and then Ms. Sherman could respond. Ms. Sherman agreed. Chair Tikoian recommended that they put in the expert’s report and then the council could ask questions. Ms. Sherman submitted the resume of Stanley White, president of OCC to the council as an exhibit. Ms. Sherman qualified Mr. White as an expert witness on waterfront design. Mr. Zarrella, seconded by Mr. Coia moved to except Mr. White as a waterfront design expert. The motion was carried on a unanimous voice vote. Mr. White stated that he was familiar with the project. He said he did an independent review of the project for the town and did a report. Mr. White stated that he looked at the revised plan dated July 2004 and it was his conclusion that the marina conformed to industry standards for finger piers. Mr. White said the project was the minimum dimension for industry guidelines. He noted that a navigational channel was not designated to this area. He said the clearing spaces to the moorings in the harbor were adequate for safe navigation. Mr. White stated that the harbor commission requested that the applicant pull the marina back but he felt it was close enough to the shore. Mr. Ricci noted that the report was dated 7/29/04 and he was hired by the Town of Bristol to do the report but was now appearing on behalf of the applicant. Mr. White replied yes. Mr. Zarrella asked what the adequate distance recommended to the mooring field. Mr. White said several hundred feet. Mr. Zarrella asked if there would be any navigational problem with this marina. Mr. White replied no. Chair Tikoian asked what is several hundred feet. Mr. White said 276 feet. Chair Tikoian said this is the distance from the mooring area to the timber area. Mr. White replied yes. Chair Tikoian asked what the radius area needed for a boat on a mooring was. Mr. White said approximately 120 feet. Chair Tikoian asked if you had a 60’ boat if there was still enough room. Mr. White replied yes that you need 1 ½ times the length of a vessel for turning. Chair Tikoian asked where the closest mooring was to the dock. Mr. White said the closest mooring was to the north of the dock. Chair Tikoian asked if this mooring area was for larger or smaller vessels. Mr. White stated larger vessel and there was still enough room for them to turn. Mr. Ehrhardt asked if he reviewed the harbor management plan. Mr. White replied no. Mr. Ehrhardt asked if he looked at the current fairway and traffic. Mr. White said no. Mr. Zarrella was concerned that Mr. White was hired by the objectors and testifying for the applicant. Chair Tikoian noted that Mr. White was testifying to his report only. Rep. Malik stated that Mr. White was an honest gun for hire as an independent consultant. Mr. Abedon had a question on page 3 referring to the size of a boat. Mr. White said no boat was larger than the finger pier length. Ms. Sherman had no comments at this time and deferred to the objectors.

OBJECTORS

Domenic Frankel, Chairman Bristol Harbor Commission, stated that they were concerned with the space the marina was taking approximately 3 ½ acres of water. He said they hired a consultant to see what could be done to bring the dock closer to shore. Mr. Frankel said they were concerned with the length of the boats and whether the fairways were large enough for the boats to maneuver. Chair Tikoian asked if they were concerned with trust lands being taking up and the fairways within the marina. Chair Tikoian asked him to address the distance of the finger piers with the moorings. Mr. White stated that he used1.5 to 1.75 length of the maximum boat size using the facility to determine the fairway length. Chair Tikoian asked what the size of the boats were on the finger piers. Mr. White stated that the boat size range from 30’ to 60’ boats. He said the docks face each other and there are no boats on the outside of the dock area. Mr. Frankel felt there was a way to bring the dock in. Mr. Ricci asked how long he has been chair of the harbor commission. Mr. Frankel replied 5 years as chair. Mr. Ricci stated that the OCC did not recommend any further reduction of the dock area and length. Chair Tikoian noted that the 10’ perimeter from shore was Brownfield and was part of the remediation. Chair Tikoian stated that the water quality certification permit from DEM was for a 40-slip marina. Mr. Fugate explained that the 10’ limit was where the contamination area in the shoreline was with sediments. Chair Tikoian stated that the Bristol Harbor Management Plan clearly stated that there is not enough marina space in Bristol and not enough commercial marinas in Bristol. Mr. Frankel agreed. Chair Tikoian asked how can we accommodate the need for marinas and bring this in. Mr. Frankel stated that there would be other marinas in Bristol. Mr. Zarrella stated that their expert felt the dock was sufficient and recommended that the dock not be shortened. Mr. Zarrella wanted to know what their objection was. Mr. Frankel responded that they wanted the dock closer to land. Mr. Gray said Mr. White based his recommendation on the proposal before the council and the technical standards but Mr. Frankel felt the dock was taking up to much space because this was a private marina. Mr. Gray said the marina would serve the people living in the condominium. Mr. Gray stated if the marina was reduced and the people of the condominium still have 39 boats they would still need space to put their boats and would have to utilize any new marinas in Bristol. Michael Campbell, a member of the Bristol Harbor Commission, said they did not agree with the study done by OCC and felt the marina takes up too much room. He said they were concerned with the traffic in the area and the safety. Mr. Ehrhardt asked if there were places close by where a dinghy could land. Mr. Campbell replied yes at start docks and the Bristol Yacht Club. Linda Arudda, representing a group called “Preserve Bristol”, stated that they were concerned with the growth in Bristol. Ms. Arudda requested postponement on the application until the Bristol Harbor Management Plan was approved or refer the application to a subcommittee for their review. She noted that there would be a public hearing in Bristol on the harbor ordinance and harbor plan. Chair Tikoian explained that there is a harbor management plan in place. Chair Tikoian stated that this application has been around for a long time and staff thoroughly reviewed the application and he was confident with the staff review and reports. Mr. Ehrhardt asked if there was any portion of the existing harbor management plan that this application violates. Ms. Arudda replied that she would have to look at the harbor management plan at length and could not answer the question. Chair Tikoian explained that harbor management plans related to management of anchorage and moorings not marinas and the harbor management plan had no impact on this application. Mr. Abedon stated that even if there was a new harbor management plan that the application fell under the rules and regulations in place at the time the application was filed. Keith Maloney, an objector, stated that the harbor commission did not hire OCC the town planner did. He said they hired Mr. White to see if the marina could be made smaller and felt that Mr. White’s report did not address the size of the marina and they still felt it was too big. Mr. Maloney felt this was in an area that was very congested. He said the dock extends 215’ into the harbor and the only other dock that extends out this far is the ferry dock for Prudence Island Ferry. Chair Tikoian said this area has been remediated and restored. Chair Tikoian said the public access has been addressed. Chair Tikoian stated that this was type 5 waters and the application complies with the rules and policies of the council. Mr. Zarrella asked where the Prudence Island Ferry was in relation to this. Mr. Maloney replied that it is considerably south of this. He said he was not saying there shouldn’t be a marina here. He felt the applicant had worked hard on this area and worked with the town to enhance the quality of the area. Mr. Maloney asked if it was necessary to have a 39-slip marina in an already crowded area. Mr. Maloney wanted to limit the inner marina limit and get rid of the outer limit and reduce the number of slips. Mr. Maloney felt there was room for improvement here and felt the marina was too big for an already crowded. Chair Tikoian asked if the town make a mistake by creating more moorings in an already crowed area and should they remove some of the moorings.

Chair Tikoian called for a recess at 8:21 p.m. Chair Tikoian called the meeting back to order at 8:30 p.m.

Ted Veer deferred making a comment. Alexander Dansberger, an objector, stated that Mr. White’s commission was limited. Mr. Dansberger said he was not against the project but wanted proper harbor management. Chair Tikoian explained that harbor management plans had no impact on marinas. Mr. Dansberger felt the condominium owners could use moorings. Ann Booden declined making a comment. Paul Sanroma, an objector, read a statement into the record. Mr. Sanroma was concerned with public access. Mr. Sanroma had no problem with the broadwalk but felt looking at the design if a teen jump off the broadway they would not be able to climb back up and what would happen then. Mr. Sanroma felt a study should be done. Mr. Vincent asked if the developer assumed the cost for the study not the town. Mr. Sanroma did not know the town practice on this. James Dallens, Secretary for the Bristol Harbor Commission, stated he worried about the waterway and was concerned with the fairway to the mooring field. Mr. Dallens stated that the waterway is used for numerous boating activities such as sailing, kayaking and the sail school. Mr. Dallens said he was concerned with the magnitude of the project. Merrick Meyer, an objector, stated that he had technical concerns regarding Section 300.1.2 of the CRMC plan requiring the applicant to meet all local requirements. Chair Tikoian noted that this only pertained to upland structures not structures in the water. Mr. Goldman explained that the Superior Court ruled that recreational boating facilities below the mean high water mark the town has no jurisdiction. Mr. Meyer was concerned with the capacity of the harbor and the demand for space in the harbor. He said the size of the harbor will not change but the demand will grow. Mr. Meyer stated that no study had been done to determine the impact on the harbor. Mr. Meyer felt the water quality issues were not addressed and felt the overall impact of the marina in this area had not been studied and should be addressed. Mr. Meyer stated that this was public trust land and you need to address the public and private interest issues. Mr. Meyer said there was more need for space than there was available to the public and asked why the private need was superior to the public need. Mr. Zarrella asked if he was a boater. Mr. Meyer replied not now. Mr. Zarrella asked if he ever had a mooring. Mr. Meyer replied yes. Mr. Zarrella explained that this would take 39 people off the mooring wait list. Mr. Gray noted that the harbor management plan stated that there were 500 moorings and asked how the number was arrived at and asked about the physical restraint. Mr. Gray stated that marinas could take 500 boats off mooring and this would open space in the water. Dr. Michael Rossi, an objector, stated that his property overlooks this property. Dr. Rossi was concerned with the visual impact and the rights of Bristonians to use the water. Dr. Rossi felt they were impacting more than space and capacity but the visual view. Dr. Rossi felt the number of slips could be reduced. Rep. Malik noted that the town keeps adding more moorings to an already congested area. Mr. Paolino stated that this area has been improved. Dr. Rossi was concerned with the impact on vegetation in the area. Ms. Silva replied that there was no vegetation of concern there. Stan Denmark, an objector, stated that he was not a boater but cleans up the shoreline and was concerned about the impact on the bay. Chair Tikoian noted that 70% of waters in Rhode Island are Type 1 and 2 waters and marinas are not allowed in them. Chair Tikoian stated that we need to look at this area separately. Mr. Denmark felt that Bristol was for boaters and tourists and was concerned with cutting out 2 ½ to 3 acres of water for private use. Mr. Denmark stated that the Bristol Harbor Commission did not agree that a 39 slip marina was appropriate for this area and felt the applicant should consider something smaller. Raymond Deleo, an objector, felt procedural issues needed to be addressed. Mr. Deleo felt this was public trust waters and that they belonged to all of Rhode Island. Mr. Deleo felt the application should be sent to a subcommittee. Ann Booden, an objector, stated that she has a kayak and was concerned with getting from Independence Park passed this area. Ms. Booden felt that moorings were totally public and not just for people from Bristol. Chair Tikoian noted that the moorings in Bristol are 3 to 1 in favor of residents of Bristol.

Chair Tikoian called for closing statements.

Ms. Sherman rested her case. Ms. Sherman stated that the record and expert reports speak for themselves. Ms. Sherman said they wanted the best project for Bristol. Vice Chair Lemont asked how you acquire ownership or usage to the dock and if this was a documenian and transferable with the title. Vice Chair Lemont asked if this was a based on the first come first serve basis for the first 39 condominium owners and if one drops out does it get designated to another party. Ms. Sherman responded that the slips run with the condominium units and only to residents of the condominium. Rep. Malik asked how many condominiums there were. Mr. Reynolds stated 84 condominum units were approved. Rep. Malik asked if 39 units sold with docks sold as well as 25 non-dock units would. Rep. Malik asked if they would try to expand the dock area to sell more condominium units. Mr. Reynolds replied no this was as much as they could get and that no further expansion was allowable. Chair Tikoian asked if they would agree to make it part of the motion and assent that they agreed to no further expansion of the marina. Mr. Reynolds replied yes. Mr. Zarrella asked if the pumpout could be used by the public. Mr. Reynolds said yes. Mr. Zarrella asked if they would charge a fee. Mr. Reynolds said he was not sure. Mr. Zarrella asked if the pumpout was available and working would they charge a fee. Mr. Reynolds said there would be a nominal fee charge to use the pumpout. Chair Tikoian stated that this could be put in the assent. Chair Tikoian wanted the DEM water quality certification assent to align with the 39 slips in the assent not 40 slips as stated. Mr. Vincent stated they could set a 39-slip limit. Mr. Vincent also noted that the water quality certification had 18 conditions and conditions 14 & 15 related to future remediation in the area being done. Mr. Reynolds stated that he agreed to the DEM conditions and submitted a letter to DEM agreeing to the conditions. Ms. Silva stated that the water quality certification was issued at the same time they were consulting with the town and the plan would reflect the assents. Mr. Gray asked about public access and if there was no additional public access proposed if there would be a public dinghy dock for public use at the marina. Ms. Sherman stated that they did not address the issue of a public dinghy dock that there would only be public access by foot access. She felt that they designated sufficient public access. She noted issues of security and liability if they put in a public dinghy dock. Ms. Sherman wanted CRMC approval on the public access plan as submitted. Chair Tikoian agreed a public dinghy dock would open a liability problem. Mr. Zarrella was not in favor of a dinghy dock and felt it would create a navigational hazard if 20 boats came in to use the dinghy dock and there was not space they would use other people’s slips. Mr. Gray felt they should give something back. Rep. Malik, seconded by Mr. Paolino moved approval of the application as submitted with all staff stipulations and a stipulation that the applicant could have no more than 39 slips and subject to legal counsel review of the lease agreement. Chair Tikoian thanked staff for their incredible review on the application. The motion was carried on a unanimous voice vote.

8. Enforcement Report – July, 2004

There were none held.

9. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 10:02 p.m.

 

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

CALENDAR INDEX

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