In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, January 25, 2005 at 5:00 PM at the Narraganset Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

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

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Dave Reis, CRMC Environmental Scientist
Dave Alves, CRMC Aquaculture Coordinator
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 5:10 P.M.

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

Mr. Gray requested page 4 half way down read “Mr. Anderson said the dock was before the Council because the dock had less than 18 inches of water at mean high tide and only nine at low”  Mr. Gray said this should be amended to read “ “there was less than the required minimum of 18 inches of water, having only nine inches”  Mr. Gray also requested on page four the last sentence delete “water jet” and replace it with “jet-driven vessel”.  Vice Chair Lemont requested that page nine be amended to read “salt pond” not “salt bond”.  Chair Tikoian requested on page six  that the spelling of Mr. Donadio’s be corrected to read “Donadio” not “Dinadio”.  Mr. Coia seconded by Mr. Paolino moved approval of the December 7, 2004 minutes as amended.  The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont announced that there was a hearing on the Block Island application on January 31st and there is also a meeting scheduled on February 2nd.  Vice Chair Lemont said they would also be looking at more dates in February to conclude the matter.

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

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

2003-08-057  SUSAN AND DAVID HIBBITT – Extension request for Freshwater Wetland in the Vicinity of the Coast assent.  Project located at Plat 174, Lot 123; 25 Courageous Circle; Bristol, RI.

Dan Prentiss, attorney for the applicant was present.  Mr. Prentiss stated that this was a request for an extension of an assent that was issued in 2002.  Mr. Prentiss said the assent was extended to 9/20/04 administratively and expired in September.  Mr. Prentiss requested a one-year extension of the assent.  Chair Tikoian noted that the assent expired on 9/20/04 and it is now the end of January but it was up to the council whether the assent was extended one-year from today or from September.    Mr. Prentiss noted that he preferred one year from today.  Mr. Zarrella, seconded by Mr. Coia moved approval of a one-year extension of the assent from today.  The motion carried on a unanimous voice vote.

2004-07-110  WESTERLY LAND TRUST – Extension request for previously granted CRMC permit.  Located at Plat 140, Lot 1; North of Shore Road, Westerly, RI.

Kristen Sherman, attorney for the applicant was present on behalf of the applicant.  Ms. Sherman gave council members a brief summary on the application.  Ms. Sherman stated that an assent was issued on 10/26/04 and would expire on 10/26/07.  She said the work to complete the construction would be completed in 2009 and requested that the assent be extended to 2009.  Ms. Sherman said they were trying to seek financing but the lenders wanted to make sure a permit was in place through as much of the construction period as possible and asked them to come back before the Council to ask for the maximum extension of the assent.  Chair Tikoian noted that this was an unusual request and would set a precedent.  Chair Tikoian stated that the executive director could approve a one-year extension administratively to 2008 and the Council could grant three one-year extensions after that.  Mr. Fugate said the applicant should have asked for a longer assent at the time the assent was issued.  Ms. Sherman said it was unforeseen at the time the assent was issued that the lenders would be so strict.  Mr. Shekarchi asked if this was a profit or non-profit entity.  Ms. Sherman replied the land trust is a non-profit entity.   Chair Tikoian stated that he was concerned that if the council went forward on this and there were rule changes or the environmental atmosphere changes they would be locked into this.  Mr. Vincent asked if 2009 was the start of the construction and asked what the lenders wanted assurances of.  Ms. Sherman replied that the construction would be completed by 2009 but the assent expired in 2007 and the bank wanted to make sure they had the maximum extension possible.  Ms Sherman said she fully expected the council would probably only grant a one-year extension of the assent to 2008 and then if they needed more time they could come back before the council.  Chair Tikoian asked if she had any correspondence from the lender requesting this.  Ms. Sherman replied not in her file but she could get a letter or affidavit from the bank for the council.  Chair Tikoian noted that he was concerned with this request for an extension.  Mr. Vincent asked if CRMC asked for a construction schedule when an application is file or grant on a request.  Chair Tikoian replied grant on request.  Mr. Paolino made a motion to grant an extension of the assent to 2008.  There was no second.  Mr. Fugate noted that he could administratively approve a one-year extension of the assent.  Mr. Vincent asked if the council should instruct the executive director to grant a one-year extension of the assent.  Mr. Zarrella felt the best route for the applicant was to withdraw their request for an extension and then ask the executive director for a one-year extension of assent.  Mr. Paolino asked if the executive director could grant a one-year extension of the assent.  Mr. Goldman explained that the executive director could grant a one-year extension of the assent administratively and then the applicant could ask the council for three one-year extensions of the assent.  Ms. Sherman stated that she would contract Mr. Fugate to request an administrative one-year extension of the assent but asked that the application be left pending to the next hearing in case they needed to come back before the council.

6. PRESENTATION;  MARINE RESOURCES DEVELOPMENT PLAN – KEN PAYNE, SENATE POLICY

Mr. Payne passed out a handout of the Marine Resources Development Plan to council members.  Chair Tikoian stated that Mr. Payne is the Senate Policy Officer for environmental matters and has worked with CRMC over the years and written some great pieces of legislation for CRMC and worked very closely with us.  Chair Tikoian stated that they admire his expertise and his opinions.  Mr. Payne gave a presentation on the Marine Resources Development Plan (MRDP) which was enacted as part of legislation in 2004 (S-3028, As Amended, Public Law 145).  Mr. Payne explained the major functions of the MRDP and its purpose.   Chair Tikoian thanked Mr. Payne for his presentation .  Chair Tikoian also wanted to note a few comments in a memo from Mr. Fugate dated August 2004 to illustrate the importance of this plan.  Chair Tikoian noted that CRMC’s major function was the actual planning.   Vice Chair Lemont asked how this would meld with the SAM plans in the upper bay.  Mr. Payne replied the MRDP will relate to how the SAM plans are intended to work in Rhode and this ties the plans together.  Mr. Payne also noted that the plan would be a guidance document for the Council in interacting with other parties and trying to initiate action.    Chair Tikoian asked Mr. Payne what the next step was.  Mr. Payne replied the next step will be the working group assembling the information its been developing over the last several months and in March they will reach out to the cooperating agencies and the community to put a draft together for the Council in early spring.  Chair Tikoian thanked Mr. Payne again for his presentation.

7. ADMINISTRATIVE APPLICATIONS BEFORE THE FULL COUNCIL FOR DECISION:

2004-09-096  RHODE ISLAND SHELLFISHERMEN’S ASSOCIATION/ROGER WILLIAMS UNIVERSITY – Experimental Aquaculture for an oyster and clam stock enhancement project.  Located in Narragansett Bay, Warwick and Bristol, RI.

Kevin McGiverny, President of the RI Shellfisherman’s Association and Dale Levitt from Roger Williams University were present on behalf of the applicants.  Mr. Alves gave council members a brief summary on the application.  Mr. Alves stated that this was a Category A application asking for a variance.  Mr. Alves noted that aquacultures are normally approved at 1,000 s.f. per site and the applicant was asking for 5,000 s.f. for a 20’ x 25’ acquaculture site.  Mr. Alves stated that staff recommended approval of the application.  Chair Tikoian asked the applicant to explain the educational aspect of the project.  Mr. Levitt replied that there would be 50 students working in the wet lab where they are going to produce the seed oysters and they are going to be incorporating that into classes at Roger Williams University and allow students to participate in the program and they would also bring high school students into the program who would be involved in monitoring and data information gathering.  Chair Tikoian asked if there was a way for the council to get a report on how this worked out and benefited education.  Mr. Levitt agreed to bring the students in the program back to give the council a presentation.   Chair Tikoian noted that the water quality certification dated 11/29/04 expires in two years and asked Director Vincent about the expiration date.  Director Vincent replied it was just to monitor and see what the status of the application was.  Director Vincent noted that if the construction was not completed within the 3 years the assent was issued they could get an extension.  Mr. Alves noted that it would take 3 years to put the culch in the water.  Chair Tikoian was concerned that the project would not be shutdown in three years once they started the project and education is taking place.  Director Vincent stated that they are in support of the efforts of the industry to do this type of work and they will work with Mr. Levitt and the university on this.  Mr. Shekarchi had a question of staff on the two letters to the City of Warwick and the Town of Bristol and asked if either had an objection to the application.  Mr. Alves replied that no letters of objection have been received by the City of Warwick or the Town of Bristol.  Mr. Zarrella, seconded by Director Vincent moved approval of the application with the variance and all staff stipulations.  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:

2004-09-146  MARK A. BOUCHER – Construct and maintain a four-acquaculture farm to grow the American Oyster and the blue mussel.  Located in West Passage, Narragansett Bay north of Greene Point, North Kingstown, RI.

Mark Boucher, the applicant was present.  Mr. Alves gave council members a brief summary on the application.  Mr. Alves stated that this was an application for a 4-acre acquaculture farm to culture the American oyster and the blue mussel.  Mr. Alves said the only problem with the application is that when DEM Fish & Wildlife did a survey of the area they found very high quantities of shellfish and suggested a different site and that the site be changed.  He said the applicant went to the Marine Fisheries Council meeting and brought in the alternative site and the site was deemed suitable for everyone.  Mr. Alves felt that the applicant met the requirements of the regulatory agencies and recommended approval of the application.  Mr. Boucher had nothing to add to the application.  Chair Tikoian asked the applicant how he found the application process.  Mr. Boucher replied that Mr. Alves was helpful but you had to be patient.  Mr. Zarrella asked how long the application process was.  Mr. Boucher replied that he completed his classes in May 2004 and filed an application in June 2004 and if there was not a request for a different site the process would have been quicker.  Mr. Zarrella, seconded by Mr. Paolino moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.

2003-03-099  RI DEPARTMENT OF TRANSPORTATIONS – Modification to Jamestown Bridge Demolition assent.

Ed Szymanski, Assistant Chief at RI DOT, Peter Kielly, the engineer and Todd Rabideau, the program manager were present on behalf of the applicant.  Mr. Reis gave council members a brief summary on the application.  Mr. Reis stated that the application was to modify the bridge demolition assent issued by the council back in May 2004. Mr. Reis said the modifications include two new artificial reef sites.  Mr. Reis noted that when the council issued the assent there were two artificial reef sites on the table, the Rhode Island Sound site and the Block Island whole site.  He said the Block Island whole site was removed due to objections from the commercial fishing industry.  Mr. Reis said there were no staff objections to the two new sites.  Mr. Reis said the other modifications were to four (4) stipulations that were part of the assent.  Mr. Reis stated that staff recommended approval of the modifications with changes to stipulation “g”.  Mr. Szymanski stated that he had nothing to add to the application as presented.  Chair Tikoian noted the modifications in two sites and asked how quickly this would take place.  Mr. Kielly responded that they would first do the demolition of the bridge but they are awaiting RI Army Corps approval.  Chair Tikoian asked about stipulation #2 on page 6.  Mr. Fugate explained that they would have to develop a joint plan with DEM which DEM has already started and CRMC would have to adopt so there would be joint planning between DEM and CRMC.  Director Vincent asked if the applicant was demolishing the entire structure from North Kingstown to Jamestown.  Mr. Kielly replied that they would be demolishing 5000 feet on the Jamestown site and the North Kingstown trestle part would be a separate application and have to be demolished separately.  Chair Tikoian asked how long this would take.  Mr. Kielly replied this year into next year for the Jamestown portion and by 2007 for the North Kingstown trestle portion.  Vice Chair Lemont noted that he was opposed to the application the last time it was before the council because the Town of North Kingstown was opposed to the extension of the span.  Mr. Kielly replied that the legislation required that this remain a fishing pier but that it was costly to repair or replace the fishing pier.  Vice Chair Lemont said everyone was happy except the fishermen.  Mr. Kielly said they were planning to maintain the site as required by law and look at an alternative site or try to maintain this site.  Mr. Abedon said there would be a separate application for this.  Chair Tikoian replied yes.  Director Vincent stated that there was a letter sent to Governor Garrahy stating that they were looking at 23 other sites for the fishing pier other than the Jamestown pier and that this was underway and they will give a presentation to the council on the preliminary findings.  Mr. Zarrella asked if the shipping lanes would be shut down and divert traffic to the west side. Mr. Reis replied yes.  Mr. Zarrella asked if they would be diverting traffic during the summer.  Mr. Kielly replied there would be some closure but not during a major activity in Newport.  Mr. Shekarchi, seconded by Vice Chair Lemont moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.

9. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 6:14 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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