In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, November 9, 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
Jerry Zarrella
Larry Ehrhardt
Neill Gray
Fred Vincent
Joe Paolino
Fred Vincent
Dave Abedon

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
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. Gray requested that page 4, 17 lines from the bottom of the minutes be amended to read “1500 slips” not “150 slips”. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the October 26, 2004 minutes as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate informed Council members that on November 17 and 18 there will be a Nutrients Improvements Conference on Block Island which is part of the CRMC and URI Sea Grant.

Mr. Fugate stated that there would be a Buffer Workshop on January 12 and 13, 2005 primarily for CRMC staff and council members were invited. He said there would be a presentation for council members on January 12th at the Squantum Club and Art Gold would be the presenter.

Mr. Fugate announced that there would be a Workshop held on December 9th at Alton Jones for Council members and staff to discuss recent legislative events, court cases, etc. to be followed by a dinner.

Chair Tikoian urged council members to attend the December 9th and January 12th dinner and workshops.

Mr. Sahagian requested that the Chair have Willie change the December 9th Champlin Subcommittee to another date.

Chair Tikoian congratulated Mr. Ehrhardt on his recent election victory and being elected a state representative.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

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

5. CONTINUANCES:

2000-08-031 PATRICK & GAIL CONLEY – Modification – Install an electrically-operated boat lift at the terminal end of a previously-authorized residential boating facility. The proposed boat lift will result in a facility that extends 81 feet +/- seaward of the cited MLW mark. Located at Plat 167, Lot 7; 1 Bristol Point Road, Bristol, RI.

The applicants were not present. Mr. Fugate stated that the application had been continued.

6. RIDEM: Trust Fund Report

Chair Tikoian stated that they had received correspondence from DEM requesting funds that the legislature directed to CRMC, a $250,000 allowance for habitat restoration. Chair Tikoian explained that the habitat restoration team reviews the requests and presents what they feel the council should designate for the project. Chair Tikoian stated that staff and the habitat restoration term agreed with the DEM Director’s request. Director Vincent explained that they sent a letter dated 10/7/04 to CRMC regarding Boyd’s Marsh in Portsmouth which they have been working on for several years. Director Vincent explained that the Army Corps wants to begin the habitat restoration in January 2005 and wants DEM to have their 25 percent match in hand but the funds will not be spent in January. Director Vincent explained that this was a 25-acre salt marsh restoration project and that it would cost $3.5 million for the restoration. He said that DEM’s portion is $688,50 and the breakdown of the funds they had in hand were explained in his letter which was in the CRMC packet. Director Vincent stated that they were requesting $80,088 or 11% from CRMC out of the next grant round. Director Vincent said the project meets all the criteria of the habitat restoration team. Chair Tikoian said this was a prime opportunity to show how DEM and CRMC can work together on habitat restoration and urged approval of DEM’s request for funds. Vice Chair Lemont, seconded by Mr. Sahagian and Mr. Zarrella moved approval of DEM’s request for $80,088 for habitat restoration. The motion was carried on a unanimous voice vote.

7. APPLICATIONS REQUESTING EXTENSION OF ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

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

Mr. Paolino requested himself.

Turner Scott, the applicant’s attorney was present on behalf of the applicant.

The applicant was not present. Chair Tikoian asked the Executive Director to explain how many extensions the applicant had in the past and the rules for a request for an extension. Mr. Fugate explained that the applicant had two extensions and both extensions fall under the current rules. Mr. Fugate explained that an applicant can receive one one-year extension administratively and up to three one-year extensions by the council. Mr. Scott gave council members a brief history on the application. Mr. Scott stated that this was the last of an eight lot subdivision which was a 40,100 s.f. lot. Mr. Scott said all the other properties were developed. Mr. Scott stated that Mr. Neville wants to retire and build here. He said there is a 75’ buffer and a 25’ no build area and a requirement of 50’ setback from the bank to the Sakonnet River. He said the applicant has no plans to build yet but he was urging the applicant to get plans otherwise he would lose the current assent. Mr. Scott said they have approval for one access area. Mr. Scott requested a one-year extension of the assent. He said they received a letter that sewers were available in this area. Mr. Sahagian, seconded by Mr. Zarrella moved approval of a one-year extension of the assent. The motion was carried on a unanimous voice vote.

1998-06-026 POLLY BARRY – Extension of current permit issued for Plat 155, Lot 61; 476-478 Atlantic Avenue, Westerly, RI.

Polly Barry, the applicant was present. Mr. Fugate explained that he had granted a one-year administrative extension of the assent and this was a request for the first council one-year extension. Ms. Barry stated that they have started building and put the foundation and utilities in. Ms. Barry requested a one-year extension of the assent. Mr. Gray, seconded by Mr. Vincent and Mr. Zarrella moved approval of the first of the council’s one-year extension of the assent. Mr. Sahagian stated that the reason the application was before the council was because it was a Category A application and the assent had expired. Chair Tikoian replied yes. Chair Tikoian noted that they were trying to capture the request for continuances and keep them in line. The motion was carried on a unanimous voice vote.

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

2004-08-056 BRUCE & SALLIE BOYDEN – Construct and maintain a 4’ x 33’ fixed timber pier to a 3’ x 25’ ramp to an 8’ x 18.75’ float. Located at Plat 1, Lot 388; 6 Springwood Street, Cranston, RI.

Bruce and Sallie Boyden, the applicants were present. Herb Sirois, the applicants’
engineer was also present on behalf of the applicants. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate said the application was for dock construction and was before the council for two side yard variances -- a 16’ setback variance on the north side and a 17’ setback variance on the south side. Mr. Fugate stated that there were no objections filed. Vice Chair Lemont, seconded by Mr. Gray moved to accept Mr. Sirois as an expert in engineering. The motion was carried on unanimous voice vote. Mr. Sirois stated that this was in the Pawtuxet Cove area. Mr. Sirois said this was a small lot and the lot frontage was under 48 feet and it would be hard to meet the minimum 25’ side setback requirements. Mr. Sirois stated that they would have a 9’ setback on the northerly side and a 8’ setback on the southerly side.

Mr. Sirois stated that the dock would be 50’ beyond mlw and they would have 26” of water at mlw. Chair Tikoian asked who the owners on the side were. Mr. Sirois responded that Michael Cuddy owned the property on the north side and Joanne Kileen owned the property on the south side. Mr. Sahagian stated there is 26” of water at the end of the dock. Mr. Sirois replied yes. Mr. Sahagian asked what the lateral access was along the shoreline. Mr. Sirois responded 5.5’ above grade. Mr. Cuddy, an objector and the abutter on the north side, stated that he had no objection to building a dock but was opposed to the variance to the side line on the north side because this was part of the Pawtuxet dredging project. Mr. Cuddy wanted the applicant to pull his dock in because he felt this would affect the federal channel. Mr. Fugate explained that the Army Corps requires a 3 o1 slope set off and the applicant met this requirement. Mr. Fugate said the applicant has an Army Corps permit. Mr. Fugate said the abutter is asking the applicant to dredge 30’-40’. Mr. Fugate stated that the abutter felt if the applicant dredges the area they could bring their dock back in type 3 waters. Mr. Fugate stated that applicant would have to file an application to dredge. Chair Tikoian stated that they would have to dredge and displace the dredge material. Mr. Fugate said the applicant would have to in type 2 waters not in type 3 waters. Vice Chair Lemont asked if the dock was built where it is proposed what impact it would have on Mr. Cuddy. Mr. Cuddy felt it would affect his impact to have a dock on his property. Mr. Cuddy stated that the applicants’ dock sticks out 80’ and the cove is only 200’ wide with a marina on the other side. Vice Chair Lemont asked what this would do to him. Mr. Cuddy stated that his lot, lot 263 was a commercial lot and he could have a marina. Vice Chair Lemont asked if the dock was built as proposed what the impact was to him. Mr. Cuddy responded it would be harder for him to build a marina. Mr. Vincent said this would be residential dredging and this was not a typical dredging area in Pawtuxet Cove. Mr. Fugate explained that the army Corps brings in a contractor to do the project in a specific timeframe but the contractor can do private dredge projects in the area as long as they are done within the timeframe for the Pawtuxet Cove Dredging Project. Mr. Fugate stated that funding was a problem now for this. Mr. Abedon asked on page six the word “site” was not the size of the project. Mr. Anderson responded yes. Mr. Abedon said he was not sure what the impact would be to Lot 263 across the way. He said he had no problem with the application. Mr. Abedon, seconded by Mr. Sahagian, moved approval of the application with all staff stipulations. Mr. Sahagian felt the applicant met the CRMC guidelines and regulations and the criteria for Section 120. Mr. Gray stated he had no problem with the application. Mr. Gray wanted a stipulation that use of the dock only be along the length and not the end of the dock. Chair Tikoian did not agree. Chair Tikoian stated that the applicant fell within the perimeter of the rules and this may be over regulating. Mr. Gray withdrew his stipulation request. 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.

Charles Dinadio was present on behalf of the applicant. Rick St. Jean, the applicant’s engineer was also present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was for a passenger ferry terminal with a 10’x165’ pier to service the Vineyard Fast Ferry. Mr. Anderson stated that there would be a 100’x25’ barge for passenger loading. Mr. Anderson said the parking facilities are as built and within 30’ of the scarp and requires a 20’ variance from the setback. Mr. Anderson said the issue for use of the marina pump out facility was a requirement by staff as part of the failure of the previous ferry’s non-compliance for sewerage. Mr. Anderson said the staff biologist also requested that monitoring reports be filed. He said the on page 4 of the biologist report he requested a landside pump out facility, a pump out holding tank and off loading to a sanitary truck to be discharged. Mr. Fugate also stated that EDC were in discussions with Mr. Dinadio regarding the relocation of the facility and that the facility would be here no longer than 18 months. Mr. Fugate stated that he had requested that Mr. Grout of EDC send him a letter stating this but it had not been received. Mr. Vincent asked if the facility was in Quonset now. Mr. Fugate replied yes. Mr. Anderson said EDC was opposed to the north basin area and wanted the facility relocated to the south side of the basin area next to the barge. Mr. Ehrhardt noted that EDC owns the property and asked if they have to be part of the application and sign the application. Mr. Goldman replied yes generally they are. Mr. Fugate noted that this was co-signed by EDC -- Application # 2004-5-23. Mr. Zarrella stated that the assent was only for two years and it was already built. Mr. Fugate replied that the major dock has not been built yet only the upland portion has been built. Mr. Zarrella asked who handles the pump out. Mr. Fugate was not sure. Mr. Fugate said if this is built EDC and the applicant are co-applicants for this pier or if is located elsewhere in the facility, EDC would still own the property. Chair Tikoian stated that EDC requested two year approval as the co-applicant. Mr. Vincent asked who EDC’s Director of Construction is and does he have the authority to co-sign the application. Mr. Fugate said yes because he has the authority for all building in Quonset. He said he asked for a letter from EDC for this. Chair Tikoian thought maybe EDC should be present and the council could hear from them and ask questions of them. Mr. Gray agreed. Chair Tikoian stated that he had a question on the discharge system. Mr. Zarrella was opposed to postponing the application. Mr. Gray had a problem with a two year assent. Mr. Dinadio stated that this was a unique situation. Mr. Dinadio said they had been though all this with EDC and they have a 15 month lease with an option to review it. Mr. Dinadio said he knew nothing about EDC’s request that they move and relocate the dock. They only heard this tonight from the Executive Director and this was news to him. Chair Tikoian asked him about the discharge issue. Mr. Dinadio stated that Mr. Reis has been very vocal on the discharge issue. Mr. Dinadio explained that they discharged outside the 3 mile limit and discharge in a 5 mile area. Mr. Dinadio felt the holding facility for the pump out facility was not necessary as they were not discharging within the 3 mile limit. Mr. Dinadio stated that he sent a letter to Mr. Reis on 4/15/04 informing him that they would not be discharging within the 3 mile limit. Mr. Dinadio said Terry Walsh from DEM had requested they put a tracking device on the vessel to track to see where they are discharging. Mr. Dinadio said they have a tracking device GPS system to show where they are discharging. Mr. Dinadio said Mr. Reis also requested monitoring reports for the discharge and noted that other ferries are not required to do this. Mr. Fugate said Mr. Reis requested the applicant put in a holding tank and required the applicant to file monthly reports. Mr. Fugate felt the applicant could give CRMC a monthly report of their GPS sites. Chair Tikoian said there were two agencies requiring the same thing. Mr. Gray stated that Mr. Reis required this of the applicant and read this as part of the board’s decision to require this as part of the assent. Mr. Zarrella stated that there were two applicants for this application, a agency in conflict with an applicant. Mr. Zarrella stated that the applicant had a 15 year lease with EDC and felt it would be an advantage to the applicant to get back to EDC to be on the same page. Mr. Dinadio replied that he was not aware of any of this. Mr. St. Jean stated that he had conversations with EDC for about a year and one-half and about a year into the discussions EDC wanted to move the pier to one area in Davisville and he drew up plans for this. Mr. St. Jean said he met 12 times with EDC and at a meeting nine months ago and EDC said they were staying where they are and signed a lease. Chair Tikoian asked if there were any C&D’s against the applicant. Mr. Fugate replied no. Mr. Fugate said there was one prior C&D but it had been corrected. Chair Tikoian requested that EDC and Mr. Reis be present to address the council’s concerns. Chair Tikoian also requested that Director Vincent talk to DEM staff as well. Mr. Vincent stated that the applicant could do a form letter with a blank to fill in on a monthly basis to inform staff where they discharged. Mr. Fugate stated that they were trying to enforce no discharge in the water. Mr. Ehrhardt requested a sheet from staff with the timeline of the application, the C&D and the variances. Chair Tikoian requested that Mr. Fugate do this. Mr. Fugate agreed. Chair Tikoian continued the application to the November 23rd meeting.

9. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 7:05 p.m.

Respectfully submitted,

Grover Fugate
Executive Director CRMC

Reported by Lori A. Field

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