In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, October 12, 2004 at 6:00 PM at the Narraganset Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Neill Gray
Ray Coia
Jerry Sahagian
Joe Paolino
Dave Abedon
Jerry Zarrella

STAFF PRESENT

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

1. Vice Chair Lemont called the meeting to order at 6:07 PM. Vice Chair Lemont noted that Chair Tikoian was detained at another meeting and asked him to preside over the meeting until he arrived.

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

Mr. Gray requested that page 3, 2nd paragraph, line 2 of the minutes be amended to change the word “cave” to “cay”. Mr. Coia, seconded by Mr. Paolino moved approval of the September 28, 2004 minutes as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate announced that there would be a groundbreaking ceremony on October 29, 2004 at Ninigret Park in Charlestown co-sponsored by the Army Corps of Engineers and CRMC to announce the largest habitat project in Rhode Island at Ninigret Park.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

5. CONTINUANCES:

1995-06-040 NORMAN COOK -- Construct modification to an existing residential boating facility to consist of: adding a 4’ x 15’ fixed pier section and two (2) 4’ x 24’ fingers (192 square feet) for small boat dockage. The terminus of the dock will extend to 73-feet beyond mean low water (MLW). A 42 square foot float and a 23-foot length variance are required. Located at plat 91, lot 131, 132; 171 Steamboat Avenue, North Kingstown, RI.

The applicant was not present. Vice Chair Lemont stated that the applicant had requested a continuance on the application. The application was continued at the applicant’s request.

6. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:

2004-03-026 CARL DeSIMONE -- Construct and maintain: a residential boating facility consisting of a 137.5’ x 4’ fixed pier. The facility will extend 50’ (+/-) beyond mean low water. Also a boat lift will be installed on the north side of the fixed pier. Located at plat N-B, lot 48-26; 19 Searidge Drive, Narragansett, RI.

Carl DeSimone, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was continued from the last meeting. Mr. Anderson said the application was for a residential boating facility which had been reduced 41’ by the federal review process. Mr. Anderson stated that the applicant was requesting the full 50’ length beyond mean low water which is allowed under the CRMC program. Mr. Anderson said there were no staff objections to the application. Vice Chair Lemont asked if the applicant had anything to add to the application. Mr. DeSimone replied he had nothing to add to the application. Mr. DeSimone noted that the Army Corps had come out to the site last week and would be talking to CRMC staff this week regarding his dock. Mr. Anderson stated that staff would do a review with the Army Corps on Thursday. Mr. Gray asked if this was a new application tonight or an extension. Mr. Anderson responded that this was a continuation of an application which had not been approved. Mr. Zarrella, seconded by Mr. Sahagian and Mr. Paolino moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

Vice Chair Lemont called for a recess at 6:17 p.m. Vice Chair

2003-10-006 SETTIPANE FAMILY TRUST -- Construct approximately 88-linear feet of “as-built” structural shoreline protection (rip rap revetment). Located at plat 16, lot 11; 301 Seaside Drive, Jamestown, RI.

Guy Settipane, was present on behalf of the applicant, Settipane Family Trust. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was for 88 l.f. of riprap revetment at the dwelling. Mr. Anderson said there was no staff objection to the riprap revetment. Mr. Anderson noted that there was an enforcement issue which needed to be resolved on the buffer zone issue. Mr. Anderson explained that a 50’ buffer zone was required and approved in the 1990 application. Mr. Anderson said that in 2002 the applicant requested a buffer zone reduction from a 50’ buffer to a 25’ buffer but that the 25’ buffer had not been maintained and needed to be complied with and was before the council for their decision. Mr. Fugate explained that the council needed to determine if the applicant goes back to the 50’ buffer or live with the 25’ buffer when the applicant had not complied with the 25’ buffer. Mr. Settipane stated that he had just received the packet on Friday and wanted additional time to review the application. Mr. Settipane stated that the application was for a riprap revetment and another issue had been raised by the council regarding enforcement of the buffer zone reduction. Mr. Settipane said they were requested to put a field stone wall at the 25’ buffer mark as part of their stipulations. Mr. Settipane stated that staff visited the site and escavation had been done for the wall and issued a violation for the footing of the stone wall because is was in the buffer area. He said staff said this was not set back far enough for the buffer. Vice Chair Lemont asked if the as built seawall was the issue before CRMC. Mr. Goldman replied that the staff biologist had no objection to the as built seawall but requested that the assent not be issued until the buffer zone violation was resolved. Mr. Fugate said staff was asking that the revetment wall be moved back to the 25’ buffer mark. Mr. Fugate stated that staff either wanted a 25’ or 50’ buffer put in place. Mr. Zarrella asked if the enforcement issue was in the packet. Mr. Goldman replied yes. Mr. Zarrella asked if staff had a preference on a 25’ or 50’ buffer. Mr. Fugate replied that staff left the buffer zone issue up to the council’s discretion. Mr. Gray stated that the applicant was asking for more time to review the application. Mr. Settipane replied yes he wanted to outline what has been done and work this out with staff. Vice Chair Lemont asked how long he needed. Mr. Settipane replied one week. Mr. Zarrella, seconded by Mr. Coia moved to continue the application for two weeks to allow the applicant to work out the buffer issue with staff. The motion was carried on a unanimous voice vote.

Vice Chair Lemont called for a recess at 6:26 p.m. Chair Tikoian called the meeting back to order at 6:34 p.m.

2004-07-110 THE WESTERLY LAND TRUST – Construct commercial congregate care facility, sixty (60) two-bedroom houses, roadways, and stormwater systems. The development will be serviced by Town water and sewers. Located at plat 140, lot 1; Shore Road, Westerly, RI.

Harry Press and Richard Bright, principles of The Westerly Land Trust, the applicant were present on behalf of the applicant. Robert Liquori, attorney for the applicant, Kristen Sherman, attorney for the applicant and Raymond Cherenzia, the applicant’s engineer were also present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate said the application was to construct sixty (60) two-bedroom houses with 170 congregate care beds in the main facility. Mr. Fugate said all necessary local and state approvals had been received and the application was before the council for final decision. Chair Tikoian stated that no variances were required. Mr. Fugate replied yes. Mr. Fugate also noted that the council would be a beneficiary of an open space easement and a stipulation was not needed for this. Mr. Sahagian asked what the application fee was. Mr. Fugate replied $125,000. Mr. Abedon asked how the council benefits from the easement. Mr. Fugate explained that the easement for open space would be given to CRMC, DEM and the Town of Westerly. Mr. Liquori passed out a statement as to what property was owned by the Westerly Land Trust from the Westerly tax assessor as an exhibit. Mr. Liguori explained the project shown on the plan which depicted the conservation land, houses and buildings. Mr. Liguori said the project was for a new development for congregate care which was shown in white on the plan. Mr. Zarrella asked how may of the units would be for assisted living. Mr. Liquori responded that there would be 60 two-bedroom town houses and 170 congregate care beds in the main facility. Mr. Zarrella asked how many were for assisted living. Mr. Liguori replied there would be approximately 30 assisted living units. He said there would also be congregate care units and nursing home units but he was not sure of the exact mix for the assisted living and congregate care units because they exceeded the number of bedrooms and needed to be worked out. Vice Chair Lemont, seconded by Mr. Coia and Mr. Gray moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

7. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 6:41 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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