In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, December 14, 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
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.

Vice Chair Lemont seconded by Mr. Zarrella moved approval of the November 23, 2004 minutes.  The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

Mr. Fugate passed out a pamphlet to council members on the accomplishments of the aquaculture initiatives that have take place up to this point.  Mr. Fugate said this was a grant that Senator Reed was able to secure for the coastal council in the amount of $1.5 million.  Mr. Fugate stated that the grant had good success and a number of projects came out of the grant.  Mr. Fugate said Senator Reed invited some parties down to Washington to try to secure more of funding.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont announced that the Y10 subcommittee would hold a workshop in Middletown on December 15th at 6:00 p.m. 

Vice Chair Lemont stated that the Champlin Marina subcommittee hearings have been scheduled for January 4, 18 and 31st.  Vice Chair Lemont said they are about 90-95% through the application and will hold at least one more meeting after the January 31st meeting. 

Mr. Fugate gave council members an update on the retreat held last week and said they went through a series of regulations during the morning session and that DEM staff had attended.  Mr. Fugate said during the afternoon session legal counsel, Mr. Goldman gave them a status on litigation, last year’s legislation and addressed the separation of powers issues.   Mr. Fugate said the evening session consisted of a presentation on the habitat restoration projects that they were working on. 

Mr. Fugate said that dredging had already started in Ninigret and Allen’s Cove and is moving forward.  Mr. Fugate said once the Easton’s have completed the anadromous fish run they can start working on the anadromous fish run so there is a lot of habitat restoration work going on.  Mr. Fugate said the Ninigret project is one of the largest habitat restoration projects in New England.  Vice Chair Lemont asked about the closing of the dredging in the bay.  Mr. Fugate replied there will be a closing ceremony.  Mr. Fugate said the Army Corps is doing their final post survey and once that is done they will provide it to the Coast Guard and they will open the harbor to two-lane traffic upon completion of the project.  Mr. Fugate noted that they have finished the project on time and under budget. 

Vice Chair Lemont asked about the URI Sea Grant Program being held on January 12 and 13 and what sessions council members were invited to the night of January 12th.  Mr. Fugate replied that council members are invited to the whole conference if they want to attend but the night of January 12th is a special session at the Squantum Club which Art Gould, a URI professor, will give a presentation on watershed management and nutrient management within buffers and their impacts on nutrient management within the watershed.

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

5. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:

2004-10-034 CASEY AND GARRET ROBERTS --  Construct renovations and additions to an existing five (5) bedroom residential dwelling, installing a new DEM approved (4 BR design) ISDS; and, an attached garage.  Located at plat 12, lot 51; 223 Hull Cove Farm Road, Jamestown, RI.

Chair Tikoian recused himself.  Vice Chair Lemont presided over the application.

Joseph DeAngelis, the applicants’ attorney was present on behalf of the applicants.  Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson said the application was to renovate a 5-bedroom dwelling and add additions greater than 100% of the footprint.  Mr. Anderson said a 63’ variance from the 100’ buffer and a 9’ setback variance from the 50’ setback back were requested.  Mr. Anderson stated that staff recommended approval of the application.  Mr. Anderson said the buffer plan passed out showed a buffer of 37’ or greater than the 100’ buffer.  Mr. DeAngelis said the applicants were adding to their home.  He said they were adding buffer where there is none.  Mr. DeAngelis stated that staff recommended approval of the application.  Mr. Gray had a question on the variance to the 50’ buffer setback which showed there was a 37’ setback within the 25’ setback for a total of 62’ setback.  Mr. Gray felt they were taking the wrong figure for the setback.  Mr. Anderson explained that there was a 50’ minimum setback with a 9’ variance for a total of a 41’ setback.  Mr. Vincent had a question on the applicants description of a 5-bedroom home with approval of an ISDS for 4 bedrooms.  Mr. DeAngelis replied that this was demolition of the current house and they would be rebuilding the house and get approval for the ISDS for the new home.  Mr. Zarrella, seconded by Mr. Sahagian moved approval of the application with all staff stipulations and the variances. 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:

2004-07-104 JANICE ANN NEIL – Extend an existing fixed timber pier by adding a 52’ x 4’ fixed timber pier, 25’ x 3’ ramp and an 18.75’ x 8’ float.  The facility will extend 95’ beyond mean low water, a 45’ variance to RICRMP Section 300.4.E.3(u) (standard is 50’ beyond mean low water).  Located at plat Y-1, lot 110; 26 Cedar Island Road, Narragansett, RI.

Chair Tikoian recused himself.  Vice Chair Lemont presided over the application.

Joseph DeAngelis, attorney for the applicant was present on behalf of the applicant.  Herb Sirois, 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 to extend a portion of the fixed pier and add a float.  Mr. Anderson said the dock would extend 95’ beyond mean low water and required a 45’ length variance.  Mr. Anderson stated that there was no staff objection to the application.  Mr. DeAngelis explained that this was an existing dock that had been grandfathered.  Mr. DeAngelis said the dock terminates at the mean low water and they are unable to use the dock.  Mr. DeAngelis stated that there was no staff objection to the application.  Mr. Sahagian asked what the depth of water was at the end of the dock.  Mr. Sirois replied 36” at the end of the dock.  Mr. Sahagian asked what the lateral access was at mean low water.  Mr. Sirois replied there was 6’ lateral access at mean low water.  Mr. Gray asked what the lateral access was a mean high water.  Mr. Sirois replied there was 4’ clearance at mean high water.  Mr. Gray said there was 4’ clearance at mean high water and wanted to have a walkover structure to allow lateral access.  Mr. Sahagian stated that this was a very narrow area and he never saw anyone walk this area and felt there was lateral access.  Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application at submitted with all staff stipulations and the variance.  The motion carried.  Mr. Gray was opposed.               

2003-10-108 EAST TRANSIT STREET ROW -- a potential Right-of-Way located at the easterly end of Transit Street, Providence, Rhode Island; the site is delineated on Assessor’s Plat 17; it is bordered by Lots 368, 373, and 416; also, lots 8 and 611 border this potential right-of-way, however, they appear to be submerged below the tidal waters of Rhode Island.

Chair Tikoian gave council members a brief summary.  Chair Tikoian stated that this application had had public subcommittee hearings and the subcommittee recommended to the full council that East Transit Street be designated as a public right-of-way.  Vice Chair Lemont, Chair of the Subcommittee, explained that  the subcommittee recommendation to the council and explained that this area had been used by the public.  Vice Chair Lemont stated that the subcommittee recommended that East Transit Street be designated as a public right-of-way.  Chair Tikoian called for public comment.  Mr. Ehrhardt asked about the number of cars on the right-of-way.  Vice Chair Lemont replied there were cars on the right-of-way used by a dealership but they would have to move the cars.  Mr. Goldman stated that they have worked this issue out with the dealership.  Vice Chair Lemont stated that a number of people expressed interest in this area and use of the area for recreational use.  There was no public comment.  Chair Tikoian called for a roll call vote on the reading of the transcript:

On the reading of the transcript:

Mr. Ehrhardt - Yes
Mr. Vincent - Yes
Mr. Gray - Yes
Mr. Zarrella - Yes
Mr. Abedon - Yes
Mr. Sahagian - No
Mr. Abedon - Yes
Vice Chair Lemont - Yes
Chair Tikoian - Yes

7  Affirmative
1  Negative
0  Absentation

Vice Chair Lemont, seconded by Mr. Zarrella moved to accept the subcommittee’s recommendation to designate East Transit Street as a public right-of-way.  Chair Tikoian called for a roll call vote on the motion:

On the motion to designate East Transit Street a public right-of-way:

Mr. Ehrhardt - Yes
Mr. Vincent - Yes
Mr. Gray - Yes
Mr. Zarrella - Yes
Mr. Abedon - Yes
Mr. Sahagian - Abstained
Mr. Abedon - Yes
Vice Chair Lemont - Yes
Chair Tikoian - Yes

7  Affirmative
0  Negative
1  Absentation

2004-08-046 JONATHAN P. SHATTUCK -- Construct and maintain a fixed timber pier, 4’ x 36.4’.  The seaward most 8’ length of pier is 8’ wide.  A width variance from RICRMP Section 300.4.E.3.(d) is required.  Also, due to water depth at seaward terminus of pier (approx 6 inches MLW), a variance from RICRMP Section 300.4.E.3.(S) (18 inch MLW minimum) is required.  Located at plat 9, lot 21; 108 Washington Street, Newport, RI.

Jonathan Shattuck, the applicant was present.  Gus Kruezcamp, 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 explained that this was a 36’ long dock extending from an existing seawall, which includes a 4’ x 8’ “T” section at the seaward terminus.  Mr. Anderson said a revised plan had been passed out to council members.  Mr. Anderson said the dock was before the council because the dock has less than 18” of water at mean high water and only has 9” of water at mean low water.  Mr. Anderson stated that the dock would be used for non-propeller boats.  Mr. Anderson said staff recommended approval of the application.  Chair Tikoian felt the dock subcommittee could have approved this and dealt with this issue.  Chair Tikoian requested that the policy and planning subcommittee look at this issue.  Chair Tikoian stated that there was a change in the plan to alleviate program issues.  Mr. Anderson said the issue was for an accessory type structure on a pier platform and that had been removed and they added the “T” float instead.  Mr. Shattuck had nothing to add to the applicant.  Vice Chair Lemont  said that in a letter dated 10/13/04 the applicant agreed to use the dock for non-propeller vessels and asked if the applicant sells the property does the letter run with the property.  Mr. Fugate and Mr. Goldman replied yes it will be part of the assent.  Mr. Gray asked what generated the concern for non-propeller vessels.  Mr. Anderson replied the lack of water at the end of the dock.  Mr. Anderson stated that the alternative was to build the dock out using the Burdick and Short method.  Mr. Gray asked if they could use a water jet on the dock and would this endanger the eelgrass.  Mr. Anderson replied that he was not sure what the impact of a water jet would have on the eelgrass.  Mr. Gray asked the applicant what kind of vessels would be used on the dock.  Mr. Shattuck replied kayaks, canoes and wind powered non-propeller vessels.  Mr. Zarrella, seconded by Mr. Gray moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.         

2004-10-049 HYATT REGENCY NEWPORT – 148 linear feet of sheetpile, 991 cubic yards of fill, stormwater/infiltration system, and parking lot restoration. The sheet pile and fill are proposed in tidal waters located beneath the existing parking lot (“bridge deck”) at Goat Island.  The existing failed parking lot deck spans over an approximate 56’ x 75’ tidally flushed “void” space.  The proposal is to fill in the void to support the renovated parking area (versus reconstruction a bridge span over the tidal area.)  Project located on Goat Island, South of Hyatt Hotel, Newport, RI

Stewart Myerson, the applicant was present.  Gus Kruezcamp, the applicant’s engineer was also present.  Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson stated that the application was to fill a large pothole on Goat Island, which consists of a bridge structure over tidal water.  Mr. Anderson said he passed out two photographs of the subject of the application and which shows the perimeter of Goat Island.  Mr. Anderson said this was a concrete parking lot over tidal waters and it caved in.  Mr. Anderson stated that the applicant wants to fix the pothole and restore the parking lot.  Mr. Anderson said the volume of fill is approximately 990 c.y. in a 56’ x 75’ area.  Mr. Anderson said staff agreed to this application and had no staff objections.  The applicant had nothing additional to add to the application.  Mr. Fugate explained that the statute requires CRMC to issue a lease for the filling of tidal waters.  Mr. Kruezcamp asked if they could talk about the lease as they were trying to reclaim the additional parking that’s already used..  Mr. Fugate replied no it is part of the statue and the statue requires CRMC to issue a lease on this filled area so they will need to draft up a lease for this particular area.  Mr. Goldman said this is considered public trust land.  Vice Chair Lemont noted that there was a letter from the City of Newport dated 10/26/04 informing the council that they would be holding a meeting on 12/8/04 to take up this issue and forward their comments to CRMC and asked CRMC to wait until 12/10/04 to make a decision.  Vice Chair Lemont wanted to know if the council had received any comments from the City of Newport.  Mr. Kruezcamp stated that they had letters of no objection from the Newport City Council and the Newport Planning Board.  Mr. Goldman explained that the letter dated 12/1/04 from the City of Newport advised CRMC that they had no objection to the project.  Chair Tikoian said they could subject the assent to receipt of a letter from the City of Newport that they had no objection to the application.  Mr. Kruezcamp replied that the Newport City Council met  and approved the application and had no objections.  Mr. Gray explained that the City of Newport’s process for getting approval of an application.  Mr. Gray said the City gets the Waterfront Commission and the Planning Commission approvals and then the application goes before the City Council for their approval.  Mr. Zarrella asked if the applicant leased the land or owned it.  Mr. Myerson replied that he was the owner of the land.  Vice Chair Lemont, seconded by Mr. Vincent moved approval of the application with all staff stipulations and subject to receipt of a letter of no objection from the City of Newport.  Mr. Vincent noted that water quality certification would be required and asked if the applicant was aware of this as no application had been received by DEM to date on this.  Mr. Kruezcamp replied that they would work with DEM on getting the water quality certification and file an application for water quality certification with DEM.  Vice Chair Lemont, seconded by Mr. Zarrella amended the motion to add that the assent would be subject to water quality certification.  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.  Claire Hall, the applicant’s attorney and Rick St. Jean, the applicant’s engineer was also present on behalf of the applicant.  Steven King, Director of Engineering and Construction for the RIEDC was also present.  Mr. Anderson gave council members a brief summary on the application.   Mr. Anderson stated that this is an application to remove an existing remnant fixed pier and construct a new 10’ x 160’ long fixed pier to access the high speed ferry, including a 10’ x 160’ long walkway to the pier at the existing Rhode Island Fast Ferry facility in Quonset.  Mr. Anderson said staff recommended approval of the application.  Chair Tikoian stated that the application is coming back before the full council for a couple of outstanding issues:  the construction part of the lease agreement and the relocation of the ferry dock.  Mr. King said the applicant has a lease with RIEDC, which extends through 2017.  Mr. King stated that the long term goal is to relocate the ferry within Quonset at some time and they will work with the applicant on this.  Chair Tikoian stated that Mr. Dinadio said that he does not plan to move the dock.  Ms. Hall replied that they have no plans at this time to relocate the dock.  Chair Tikoian stated that there was the issue of discharge in open waters and CRMC and Dem requested monthly monitoring reports on the discharge.  Ms. Hall said the applicant would agree to file monthly monitoring reports.  Mr. Anderson stated that there was a letter dated 12/10/04 from Ms. Hall addressing staff’s concerns and the issues raised by the council.  Ms. Hall said the ferry will not discharge within the 3-mile limit and the equipment tells them when they are outside the 3-mile limit.  Chair Tikoian requested that CRMC & DEM staff review the monthly monitoring reports in six months and give a status to the council.  Director Vincent agreed.  Mr. Gray noted that the RIEDC said there could be no pumpout when the vessel is on the dock.  Ms. Hall agreed.  Mr. Gray asked if this was a restriction on the lease.  Mr. Fugate replied yes.  Mr. Gray said if there was a need for a pumpout it would have to be addressed.   Mr. Fugate said yes.  Mr. King said if there was a need for a pumpout it would have to be properly done.  Mr. Ehrhardt asked if the enforcement issue was still standing because of non-compliance for filing the monthly monitoring reports.  Mr. Fugate replied no,  staff wanted to make sure there was compliance of the monitoring reports and assurance from the applicant that they would comply.  Mr. Ehrhardt asked if staff had any desire about handing the discharge along the route.  Mr. Fugate said the applicant can discharge outside the 3-mile limit.  Ms. Hall stated that the vessel season begins in May and the vessel was not in the state currently.  Chair Tikoian replied that they can extend the six-month reporting period to September 30th.  Mr. Vincent asked if they would be using port-a-johns or connecting to the system at EDC.  Mr. St. Jean replied that they would use the facilities on the boats and also two port-a-johns available but there is minimal use because people aren’t hanging around.  He said last year they had a holding tank which they would get pumped out once every couple of weeks.  Mr. St. Jean said last year they petitioned EDC to allow them to hookup to a sanitary sewer manhole that is close to their office facility which they had done testing and found they could connect to the manhole which gets pumped to the plant then the sewer plant.  Mr. St. Jean said they are looking to get a permanent a home and have public facilities in the building and get rid of the port-a-johns.  Vice Chair Lemont  said they have no plans to stop discharging outside the 3-mile limit.  Mr. St. Jean replied no they are following the federal guidelines on discharging outside the 3-mile limit.  Mr. Gray asked if the office facilities were used only by staff.  Ms. Hall responded staff and handicap people use the office facilities.  Mr. Gray said the other people would use the port-a-johns if they could not get on the boat to use the boat facilities.  Mr. St. Jean replied yes.  Mr. Gray had a question on the staff stipulations.  Mr. Gray stated that the staff stipulation does not coincide with the new information received.  Mr. Anderson said he could address this.  Chair Tikoian asked if it was stipulation Number 3.  Mr. Gray replied the second stipulation which addresses this specific issue.  Mr. Anderson replied that the second stipulation is met with the sewering of the trailer which provides for the handicap.  Mr. Gray said this stipulation has to do with the handicap.  Mr. Anderson replied yes.  Mr. Anderson said the third stipulation is moot if the Council overrides that the recommendation to prohibit discharging in the Federal waters and require that a holding tank be constructed land side for the sewerage and be emptied periodically.  Mr. Anderson stated that this was a staff recommendation based on the applicant’s prior noncompliance.  Mr. Zarrella wanted some clarification.  Mr. Zarrella stated that this was a seasonal business and during the season they have two port-a-johns for the people in line and asked if they would always be active.  Ms. Hall and Mr. St. Jean both replied yes.  Mr. Zarrella wanted to know why there was no pumpout station there now and why they wouldn’t want to have a pumpout station.  Mr. King stated that they have not received an application or a proposal from the applicant that would meet all the requirements they may have.  Mr. King stated that if they did receive an application or proposal they would review it and consider it.   Mr. Zarrella asked if they have the ability right now to take sewage from the boat with a pumpout station.  Mr. King replied yes they do.  Mr. Zarrella said they have the ability now to bring a hose out there and pump it out.  Mr. King replied no they would require the applicant to provide a holding tank above the flood elevation that would have to be stored and tested before they release it into their facility.  Chair Tikoian said it seems like it is the consensus of the council to have the applicant put in a pumpout facility and have EDC be a little bit more diligent in forcing the applicant to submit a plan.  Ms. Hall responded that the applicant has the legal right to dispose of discharge beyond the 3-mile limit.  Chair Tikoian said it was CRMC’s right to require the applicant to file an application with EDC for a pumpout facility.  Ms. Hall said if they were discharging pursuant to the federal law which they are legally allowed to discharge outside the 3-mile limit, why would the Council require them to do otherwise.  She said they are not breaking any laws or doing anything against the CRMC regulations.  Chair Tikoian responded that he is just addressing the concerns raised by four council members and raising the issue for debate.  Mr. Zarrella said he raised the issue because he had a problem with a marina expansion without having a pumpouts.  Mr. Zarrella said he would like to see a pumpout facility.  Ms. Hall said most marinas service vessels in either type 1 or 2 waters and that their vessel is in type 3 waters.  Ms. Hall said they would hold and discharge outside the 3-mile limit.  Vice Chair Lemont said they were within their legal rights but CRMC concerns are to protect the state waters. Vice Chair Lemont stated he wanted to protect the waters from pollution.  Ms. Hall said it was not the council’s decision whether the applicant put in a pumpout and it was up to the applicant to do this.  Chair Tikoian stated that the council cannot require the applicant to do this but can encourage the applicant to do this a part of the stipulations.  Mr. Gray said he was concerned with the public use of the port-a-johns instead of a using a normal facility and that was why he raised the issue.   Mr. Gray agreed with the other members that this would be a positive step to put in a pumpout but that they could only make a suggestion to the applicant.  Director Vincent had  a question on the water quality certification issue.  Director Vincent said the department could issue a water quality certification once confirmation is received that the facility will tie into a sewer system as required by CRMC stipulations.  Director Vincent asked if EDC was prepared to let the applicant tie in for sanitary sewers.  Mr. King replied the applicant has a temporary trailer that is connect to their sewer system but if just for their staff use.  Director Vincent asked if they had confirmed with DEM Water Quality as part of their submission.  Mr. St. Jean said it may have been mentioned but he did not have anything in writing.  Director Vincent said the water quality certification would not be issued until this was addressed.  Chair Tikoian asked how long the Rhode Island Fast Ferry have been in business.  Ms. Hall said one and one-half years.  Chair Tikoian asked why this issue was raised now and asked if the applicant only needed CRMC permits.  Mr. St. Jean replied yes they needed a CRMC permit for the as built portion of the property.   Chair Tikoian noted that the last issue to be address is the term of the lease.  Chair Tikoian asked if the assent would run in conjunction with the term of the lease or as a 50-year assent.  Mr. Fugate replied with the term of the lease the assent would be extended to 2017.  Chair Tikoian asked what happens at the end of the lease and who is responsible for the dock or removal or construction of the pier.  Mr. King said RIEDC would seek to review the application and see what condition the dock is in and the dock would have to be removed at the applicant’s expense.  Mr. Goldman said it would be EDC’s responsibility to see that it is remove and they would have to amend their agreement with the applicant to remove the pier. Chair Tikoian said the assent would expire at the end of the lease term in 2017 and that EDC would be responsible for the structure in 2017 and either continue the application or have the pier removed by either EDC or the applicant.  Mr. Abedon asked what happens if the ferry fails.  Mr. Goldman said EDC as the upper property owner would be responsible.  Chair Tikoian suggested a stipulation to encourage the applicant to submit a plan to EDC to connect to their sewer system.  Chair Tikoian asked if they should strike stipulation #3 in its entirety. Vice Chair Lemont, seconded by Mr. Sahagian moved approval of the application with staff stipulations, deleting stipulation #3 of the biologist report and that the executive director and legal council write a stipulation encouraging the applicant to submit a plan to tie into the EDC sewer systems, that the assent be held pending water quality certification, the assent be extended to 2017 and that the applicant submit a monitoring 6-month review report on Sept. 30th.  Mr. Zarrella had a problem with asking the applicant to stipulate to something that is not in CRMC’s regulations.  The motion carried.  Mr. Zarrella was opposed.

7. PUBLIC HEARING ON PROPOSED PROGRAM CHANGES TO THE RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM:

Coastal Resources Management Program (Redbook):

Section 300.6.D.3:  Treatment of Sewage and Stormwater

Add New Section 300.6.D.3.  Point source discharges of sewage are prohibited in Type 1 waters.

Section 300.4: Residential Boating Facilities

Section 300.9:  Dredging

• Chair Tikoian opened the public hearing on changes to Section 300.6.D.3, Section 300.4 Residential Boating Facilities and Section 300.9 Dredging.  Mr. Fugate explained that this was to create and to close up a hole that was in the program that came out of a recent application in Sakonnet.  Mr. Fugate said this basically would prohibit new point source discharges in type 12 waters where we didn’t have a prohibition before.   Mr. Fugate said the second change also creates and closes a hole in the program so that both docks are created or treated the same in a review whether it is new or existing and they either have to have a terminal or a float.  Mr. Fugate said the third change clarifies that standards apply to docks within type 2 waters for dredging and not type 3 waters and above.  Chair Tikoian called for public comment. There were no public comments.  Chair Tikoian closed the public hearing.  Vice Chair Lemont, seconded by Director Vincent moved to approve the proposed changes to  Section 300.6.D.3, Section 300.4 Residential Boating Facilities and Section 300.9 Dredging.  The motion was carried on a unanimous voice vote.

Salt Ponds Region Special Area Management Plan

Revise Paragraph (c) of Section 920.1.A.2 as follows:

Revise Paragraph (c) of Section 920.1.B.2 as follows:

Narrow River Special Area Management Plan

Revise Paragraph (c) of Section 920.1.A.2 as follows:

Revise Paragraph (c) of Section 920.1.B.2 as follows:

• Chair Tikoian opened the public hearing on the Salt Pong Regional Special Area Management change.  Mr. Fugate explained that all of these changes are essentially the same.  Mr. Fugate said that this language was suggested by the State Planning Commission to make it consistent with the Land Development Act.  Chair Tikoian said it appears that the Special Area Management Plan in Narrow River is identical to this.  Mr. Fugate replied yes.  Mr. Ehrhardt asked if they actually mean the word minimum or maximum.  Mr. Fugate replied it must meet the minimum density requirement.  Mr. Ehrhardt asked if the minimum density would mean more than one residential or at least one.  Mr. Fugate replied no.  Mr. Fugate said the density requirement is of the square footage per unit sot hey would have to at least provide for that minimum square footage per unit.  Chair Tikoian called for public comment.  There was no public comment.  Chair Tikoian closed the public hearing.  Mr. Gray, seconded by Mr. Zarrella moved approval of the four changes to the Salt Pond and Narrow River Special Area Management Plans.  The motion was carried on a unanimous voice vote.

Management Procedures

Section 5.9: Presentation of Expert and Lay Testimony

• Chair Tikoian opened the public hearing on the management procedures changes to Section 5.9 – Presentation of Expert and Lay Testimony.  Mr. Fugate explained that this clears up a situation where we only had applicants were bound by this and now this binds all parties so that if objectors were also providing this type of testimony they would also have to provide the same notice.  Mr. Goldman agreed with Mr. Fugate but said he wasn’t certain the council needed this but it was raised at a hearing that the requirement prenotification regarding witnesses apply to the applicants and not all parties.  Mr. Golman said this meant it would apply to all.  Chair Tikoian called for public comment.  There was no public comment. Chair Tikoian closed the public hearing.   Mr. Gray, seconded Mr. Vincent moved to accept the proposed changes the management procedures Section 5.9 – Presentation of Expert and Lay Testimony.  The motion was carried on a unanimous voice vote.

8. Enforcement Report – November 2004

There were none held   

9. Category “A” List

There were none held.

Mr. Zarrella wanted to thank Mr. Ehrhardt for attending all the council meetings and having good input as this would be his last meeting as he is a newly elected representative.  Mr. Zarrella congratulated Mr. Ehrhardt and wished him well.  Mr. Ehrhardt said it has been a pleasure and honor serving the council and working with the members of the council.  Mr. Ehrhardt felt that everyone is sincere and hard working and they really do the state service.      

There being no further business before the council the meeting, the council adjourned at 7:30 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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