Planning and Procedures Subcommittee

In accordance with notice to members of the Rhode Island Coastal Resources Management Council’s Planning and Procedures subcommittee, a meeting of the subcommittee was held on Tuesday, October 19, 2004 at 5:00 p.m. at the offices of Piccerelli Gilstein & Co, 144 Westminster, Providence, RI.

MINUTES

MEMBERS PRESENT
Michael Tikoian, Chairman
Dave Abedon
Paul E. Lemont

STAFF PRESENT
Grover Fugate, CRMC Executive Director
Jeff Willis, Deputy Director
Brian Goldman, Legal Counsel

Call to Order.  Mr. Tikoian called the meeting to order at 5:03 p.m.

Mr. Tikoian opened the meeting with a brief statement of the subcommittee’s function and purpose.  The Planning and Procedures subcommittee meeting is an open public meeting; it is not a public hearing.  Therefore, discussion is available to the members of the subcommittee themselves, and to all else at the allowance of the Chairman.  Mr. Tikoian further explained that the subcommittee is the program and policy development arm of the Council, and that any programmatic decisions made by this group must ultimately be approved by the full Council in accordance with all proper procedures.

Mr. Tikoian asked for a motion to approve the subcommittee’s meeting minutes of July 20, 2004.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the July 20, 2004 meeting minutes.   All voted in favor of the motion.

Item 4.A.  Section 5.9: Presentation of Expert and Lay Testimony.  B. Goldman and G. Fugate explained that as currently written this section only requires that an applicant provide a list of all expert and lay witnesses it intends to present, as well as the subject matter on which the witness is expected to testify to the Council or a subcommittee, but not any other party, such as an objector or other interested parties.  The intent of the rule is to have the Council be properly prepared to receive testimony from all parties.  The proposed revision would require any such party to meet all of the requirements of this section.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the revision as written.   All voted in favor of the motion.

Item 4.B.  New Section 300.6.D.3:  Treatment of Sewage and Stormwater.  G. Fugate explained that the regulations need to specifically address point source discharges of sewage in Type 1 waters.  This revision does so as a prohibition.

Mr. Abedon, seconded by Mr. Lemont, moved to approve the revision as written.   All voted in favor of the motion.

Item 4.C.  Section 300.4: T- and L-docks at Existing Residential Boating Facilities.  G. Fugate and J. Willis explained that existing language could be interpreted to only apply to new such activities.  The revised language would address the issue at existing residential dock facilities as well as at proposed facilities.  This revision will clarify and allow for a consistently applied regulation.

Mr. Abedon, seconded by Mr. Tikoian, moved to approve the revision as written.   All voted in favor of the motion.

Item 4.D.  Section 300.9:  Dredging at Residential Docks in Type 3 through 6 waters.  G. Fugate and J. Willis explained that the regulation was intended to address dredging issues associated with residential docks in Type 2 waters, but since a specific provision regarding such was not provided by this regulation, it could be read to apply to all water types where such dredging is allowed.  Because dredging at residential docks in Type 3 waters or higher has always been permit-able, this section needed to be revised to lend consistency across the program.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the revision as written.   All voted in favor of the motion.

Item 4.E.  Salt Pond and Narrow River SAMPs: Land Use Classifications.  G. Fugate explained the municipal process for siting low-income housing developments as major land development projects, and how the proposed revisions will ensure that the Council is able to review all types of land development projects, because as written, arguments could be made that might exclude certain types of development from seeking Council review.  B. Goldman and G. Fugate explained the Subdivision Review Act and how processes included therein apply to land development projects and state environmental reviews.  After subcommittee discussion, the subcommittee agreed that the word “minimum” needed to be added in front of the phrase “density requirement” throughout the sections as appropriate.

Mr. Lemont, seconded by Mr. Abedon, moved to approve the revision as written, and to add the word “minimum” in front of the phrase “density requirement” throughout each section.   All voted in favor of the motion.

Item 5.A.  Certification of structures that are located over tidal waters.  G. Fugate explained the types of activities that currently exist over tidal waters (yacht clubs, decks, portions of buildings containing restaurants or other activities) that if destroyed by fire, weather, etc… may not be rebuilt under current programmatic regulations.  However, there may be instances where such activities could be re-established: tourist dominated waterfronts such as Newport where such uses are not considered nuisances; historic yacht clubs that are part of the identification of a stretch of shoreline or harbor area; etc…

The subcommittee and staff explored ideas such a grandfather-type program and revisions to existing program sections that could address this issue.  The subcommittee directed staff to develop proposals – both with existing sections revisions as well as new programs – and bring them back to the subcommittee for further discussions.

      No action was needed.

Item 7.A.  Coastal Habitat Restoration Fund Update.  J. Willis explained that advertisements were made regarding the availability of funds from the Council-administered Coastal Habitat Restoration Trust Fund via its website, the Providence Journal, the habitat email list serve and other print and web media.  Staff is coordinating any proposals received to be reviewed by the habitat Team for evaluation and ranking against the state’s habitat restoration program funding criteria, with a recommended project list to be forwarded to the full Council for final approval come January 2005.

      No action was needed.

ADJOURN.  Mr. Lemont, seconded by Mr. Abedon, moved to adjourn.  All voted in favor of the motion, and the subcommittee adjourned at 6:05 p.m.

Respectfully submitted November 8, 2004 by

Jeffrey M. Willis

Deputy Director

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