In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, October 28, 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 Zarrella
Larry Ehrhardt
Neill Gray
Fred Vincent
Jerry Sahagian
Ray Coia
Joe Paolino

STAFF PRESENT

Grover Fugate, CRMC Executive Director
David Reis, CRMC Senior Biologist
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:04 PM.

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

Mr. Coia, seconded by Mr. Zarrella moved approval of the October 12, 2004 minutes. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate informed Council members that the “Golden Shovel” ceremony has been changed to October 27th at 1:30 p.m. at Ninigret Park in Charlestown.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

5. CONTINUANCES:

1990-10-040 PAUL J. NEVILLE – Extension of current permit for Sakonnet Estates, plat 31, lot H; Portsmouth, RI.

The applicant was not present. Chair Tikoian stated that Attorney Turner Scott, the applicant’s attorney requested a continuance on the applicant as he was just retained. Chair Tikoian continued the application at Mr. Turner’s request.

2003-12-03 MATTHEW & BARBARA MELCHIORI – Residential Boating Facility. Located at plat W, lot 68; 14 Gull Road, Narragansett, RI.

The applicants were not present. Chair Tikoian stated that this application had been continued to the first meeting in December.

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. Chair Tikoian stated that the town was working with CRMC staff on this application. The application was continued.

6. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:

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. Fugate gave council members a brief summary on the application. Mr. Fugate noted that the applicant had proposed a settlement to CRMC. He said staff reviewed the proposed settlement and had no objection to it. Mr. Goldman explained that Attorney Settipane’s settlement stipulation was similar to a court stipulation and staff had no objection to this. Mr. Goldman said he would put this as part of the assent and in the final decision. Mr. Settipane gave council members a brief history on the application. Mr. Settipane said the buffer zone surveyor determined where the buffer went and CRMC staff looked at the buffer zone and found no assent for the riprap wall and that the buffer was not in the correct place. He said violations were issued and they were working with staff to correct the situation. Mr. Settipane said the second violation of the buffer would be corrected by on site markings for the buffer by staff which will be 25’ from the coastal feature. Mr. Settipane requested CRMC approval of his settlement offer. Chair Tikoian stated that the Executive Director, staff and the applicant agreed to the settlement offer and they would sign the agreement. Mr. Coia, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and that the settlement offer be part of the assent and final decision. Mr. Gray asked if the buffer was going to be maintained as recommended by staff and not mowed. Mr. Settipane said that would not be a problem and they will not mow the buffer area and said they also requested that CRMC staff mark the buffer so there is no problem with the buffer. Mr. Gray asked if there would be no mowing between the wall and the revetment. Mr. Settipane replied yes. Chair Tikoian noted that legal counsel will change the agreement from a “Stipulation” to a “Consent Order”. Mr. Goldman noted that he would make the necessary changes to agreement so it complies with CRMC guidelines. Mr. Settipane agreed. The motion was carried on a unanimous voice vote.

2004-05-023 RHODE ISLAND FAST FERRY -- Construct and maintain: remove and dispose of existing 4.5’ x 130’ fixed timber pier; construct new 10’ x 160’ fixed timber pier, and 10’ wide x 160’ long +/- bituminous concrete walkway to pier. Ferry passenger loading operation to utilize ramp and 100’ x 35’ spud barge (steel), serviced by three timber pile dolphins. Located at plat 186, lot 12 (portion); 1347 Roger Williams Way, North Kingstown, RI.

The applicant was not present. Mr. Reis explained that this application had some as built activities and components on site. Chair Tikoian wanted to know if they should move forward on the application without the applicant. Mr. Reis replied that the issues still needed to be worked out. Chair Tikoian continued the application. Chair Tikoian requested that the policy and planning subcommittee look at request for continuances at their next meeting as he felt that the council was being taking advantage of by request for continuances. The application was continued.

7. Public Hearing on Program Changes to the RICRMP:

The following changes are proposed:

CRMC Proposed Water Type Changes
Apponaug Cove:

Type 3 to Type 2:
East of Mary’s Creek
West side of Apponaug Cove
East side of Apponaug Cove

Type 3 to Type 1:
West side of Apponaug Cove at Mary’s Creek

Type 3 to Type 5:
Apponaug Cove west of the railroad bridge and culvert

Warwick Cove

Type 3 to Type 2
West side of Warwick Cove, west of Second Point

Northeastern side of Warwick Cove
East side of Warwick Cove

Chair Tikoian opened the public hearing. Mr. Fugate explained the proposed reclassification changes. Mr. Fugate stated that they had reviewed areas in Greenwich Bay and saw a lot of type 3 water areas. He said they contacted the Marine Trade Association to discuss changing the water type from type 3 to type 2 waters. Mr. Fugate said they contacted the City of Warwick on the reclassification and they were in favor of it and they looked at the zoning in these areas. Mr. Fugate showed council members area maps which depicted type 2 waters in blue and type 3 waters in yellow. Mr. Fugate said staff noticed there was a marina expansion in a type 2 area and recommended that this area remain type 3 waters. Mr. Fugate explained there were a lot of type 3 waters in Apponaug Cove and they wanted to change this area to type 2 waters with some type 1 and 5 waters. Chair Tikoian stated that staff did a wonderful job on this under the executive director’s guidance. Chair Tikoian also stated that they had a joint press conference with the City of Warwick a month ago to announce the water type reclassification and it was very well received. Chair Tikoian called for public comment. John Williams, Warwick Cove Marina, stated that he did not agree with the City of Warwick taking one area and making it type 5 waters and making other areas type 2. He said he did not agree with the city taking the type 5 water area. Mr. Williams wanted to discuss the type 5 change and would like to see the city do something in this area. Mr. Williams did not want to see Warwick Cove turned into another Brushneck Cove. He did not want a trade off with the city for this area. Mr. Fugate replied that staff recommended that this area be changed to type 5 waters so the waterfront could be developed and this was not a trade off this was a staff’s suggestion. Mr. Williams felt the water needed to be utilized to make the water quality better. Chair Tikoian stated that the executive director and staff did a wonderful job on this and they worked with many people to get this. Chair Tikoian said if this needed to be tweaked it can be looked at. Mr. Fugate explained that the legislature passed legislation for a “Marine Development Plan” and CRMC would be looking at water types and activities in the bay. Michele Comar, a resident of Warwick, felt this may be premature and felt they needed a cumulative plan for all benefits of the bay. Ms. Comar wanted to have the SAM plan in Warwick go through the review process first and then they can make water type changes. Ms. Comar wanted to know where marina growth was going to be proposed. Chair Tikoian responded that we do not know at this time. Chair Tikoian felt this was not premature. He also said they would be continuing with the SAM plan review process. Chair Tikoian said this was a separate issue and if this needed to be changed in the future they can make changes then. Chair Tikoian stated that SAM plan and water type changes are separate and apart and they need to be looked at separately. Ms. Comar asked where the marina parking lots going to be. Mr. Fugate explained that Warwick Cove and Apponaug Cove are hemmed in the water side of the federal project areas and they can only go out so by regulations. Mr. Fugate said marinas are essentially locked into marina expansions. He said Greenwich Cove only has a small portion of type 3 waters and they would have to meet parking standards. Mr. Fugate said you are not going to see a lot of marina expansion in Greenwich cove. Ms. Comar said if there is a zoning change they can change the residential areas to marinas. Mr. Fugate said they would still have to meet CRMC regulations. Chair Tikoian said it would make it difficult to have a marina in type 2 waters and they would have to request a change of water type back to type 3 waters. Mr. Zarrella asked if CRMC has any data for marina slips. Mr. Fugate replied yes there is a demand for slips. Mr. Zarrella asked how this change affects the demand for slips. Mr. Fugate replied that Portsmouth has proposed a 150 slip marina and this will meet some of the demand for slips. Mr. Fugate said Rhode Island still has room to grow for marinas. Mr. Vincent felt they need to direct areas you don’t want growth and areas you want growth. Mr. Fugate said this was part of the legislation that was passed and they would be looking at all areas and see where there can be marina development. Mr. Gray asked if there was a zoning change from residential to waterfront use this will put a lot of pressure on CRMC to change the water type back to type 3 waters and the council would have to consider this. Chair Tikoian said CRMC would have to look at this. Mr. Gray felt it was CRMC’s job to protect areas and they cannot develop without agreement of all parties. Ms. Comar noted that in Apponaug Cove land side zoning this was type 3 and it was changed to type 5. Mr. Fugate said it was all commercial zoning in this area. Ms. Comar asked if the north side was commercial. Mr. Fugate replied as far as what the city said there may be pockets of residential but most of it was commercial. Vice Chair Lemont, seconded by Mr. Coia and Mr. Sahagian moved to close the public hearing. The motion was carried on a unanimous voice vote. Mr. Ehrhardt, seconded by Mr. Coia moved to approve the water type classification changes to Apponaug Cove and Warwick Cove with the staff change. The motion was carried on a unanimous voice vote.

8. CRMC Enforcement Report – September, 2004

There were none held.

9. Cagtegory “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 6:48 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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