In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, February 22, 2005 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
Neill Gray
Fred Vincent
Dave Abedon
Joe Shekarchi
Joe Paolino

STAFF PRESENT

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

1. Chair Tikoian called the meeting to order at 6:07 P.M.

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 February 8, 2005 minutes. 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 the Champlin’s Marina application was scheduled to meet on March 9th, 16th and 23rd and the hearings would be held in Narragansett, Wakefield and Narragansett from 7:00 p.m. to 10:00 p.m. Vice Chair Lemont stated that he wanted to schedule a workshop meeting from 12:00 Noon to 6:00 p.m. Vice Chair Lemont said they already had 12 meetings and felt the application could be concluded in 16 meetings.

Vice Chair Lemont announced that there would be a subcommittee meeting on the Waites Wharf Harbor Realty application on March 2nd at Newport City Hall.

Mr. Abedon asked about the transcripts for the Champlin’s Marina application and asked if they would be passed out all at once or separately to subcommittee members. Chair Tikoian replied that they would get copies of the transcripts to council members.

Mr. Paolino asked how the subcommittee application would be handled by the council with many of the council members being replaced on Vice Chair Lemont’s subcommittee for Block Island. Chair Tikoian replied that this was a subject of concern and was advised that council members would sit until their replacements are duly certified and if the council member is replaced before the subcommittee process is completed they will see if the council member can still sit until the application is completed. Chair Tikoian stated that this issue is being worked on.

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

5. CONTINUANCES:

2000-05-053 JOHN & ALICE SANTOS – Modification of an existing CRMC Assent for a residential boating facility to reflect as-built conditions which place the terminus of the facility approximately 7.75 feet south of its approved location. Located at plat 117, lot 136; 55 Pleasant Street, North Kingstown, RI.

The applicants were not present. Chair Tikoian noted that the applicant had just retained an attorney, Turner Scott. Mr. Scott requested that the application be continued to give him time to review the application. Chair Tikoian continued the application to the April 12th meeting.

2003-04-005 BONNIECREST APARTMENTS -- Revise a portion of the existing Type 1 Water designation at the southwest section of Newport Harbor, Newport to Type 2 Waters.

The applicant was not present. Chair Tikoian stated that they had received a letter to
withdraw the application. Mr. Fugate explained that a request for a rule change by the applicant had been filed asking CRMC to change the water type from Type 1 waters to Type 2 waters. Mr. Fugate said the applicant requested to withdraw the application without prejudice. Vice Chair Lemont, seconded by Mr. Zarrella moved to accept the withdrawal of the application without prejudice. Mr. Abedon asked what without prejudice meant. Mr. Goldman explained that this would allow the applicant to refile the application at another time. The motion was carried on a unanimous voice vote.

6. APPLICATIONS REQUESTING EXTENSION OF ASSENT BEFORE THE FULLCOUNCIL FOR DECISION:

1999-08-084 NATALE PELLEGRINO REVOCABLE TRUST – Extension of previously approved permit to construct two bedroom single family dwelling with associated decks, elevated dune walkover structure and DEM approved ISDS. Located at plat 156, lot 4, Atlantic Avenue, Westerly, RI.

Natale Pellegrino,the applicant was present. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that this was the first one-year extension request before the council and that he had granted a one-year administrative extension of the assent. Mr. Fugate explained that the applicant was in the process of changing the sewer system to a denitrification system and needed an extension of the assent. Mr. Sahagian, seconded by Mr. Paolino moved approval of a one-year extension of the assent. Mr. Shekarchi asked if the denitrification system was better and if the council preferred this system. Mr. Fugate replied yes. The motion was carried on a unanimous voice vote. Mr. Pellegrino explained to the council that he was having a problem with the bridge he had to put in which costs $30,000 and had to be delivered and put in. Mr. Pellegrino said six (6) feet of wetland would be impacted by the bridge. Chair TIkoian requested that the applicant contact Mr. Reis of the CRMC staff to discuss this issue.

7. APPLICATION SEEKING TO REMAND TO STAFF BEFORE THE FULL COUNCIL

2003-12-017 CARNEGIE HARBOR Phase IV -- Construct and maintain: a 65 slip Marina within a “manmade marina basin” to be excavated into the adjacent shoreline of the East Passage of Narragansett Bay. The project involves activities regulated by both the Rhode Island Coastal Resources Management Program and CRMC’s Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast. The proposed marina basin will impact coastal features including coastal beach and coastal bluff and impact (eliminate) Freshwater wetlands to include approximately 0.65 acres of “swamp”, 50 linear feet of a “flowing body of water”, 1000 square feet of associated “river bank” and .82 acres of an “area of land within 50 feet (perimeter wetland)”. Proposed “temporary” (*) impacts to freshwater wetlands include .44 acres of “swamp” and .28 acres of an “area of land within 50 feet (perimeter wetland)”. An entrance channel will be dredged from the East Passage into the excavated marina basin which will involve removing approximately 10,000 cubic yards of material. Additional marina facilities include a marine services building, “possible travel lift”, marine sewage pump-put station, etc. Parking for marina patrons will be provided within a private parking lot while public parking will be provided along Willow Lane. A portion of the Willow Lane roadway right-of-way will be excavated to support the Marina Basin. Proposed public access includes a public boat ramp and associated support dock to be constructed within the marina basin, marina sewage pump-out facility and public shoreline access pathways. Wetland creation (.54 acres) is proposed to mitigate the loss of wetlands impacted by the project (*). A stormwater detention basin approved for a previous phase of the project is proposed to be replaced with a stormwater infiltration system with an associated outlet structure which discharges to Narragansett Bay. The project will require a variance to CRMC buffer zone standards. Located at plat 26, lot 2, 3, 4; Willow Lane, Portsmouth, RI.

Matt Leves, attorney for the applicant and Scott Rabideau, the applicant’s biologist were present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate explained that the applicant wanted to have the application remanded back to staff to work out issues before the full council voted on the application but only the council can decide what action is taken on an application. Mr. Leves noted that he had nothing to add to the application. Director Vincent, seconded by Mr. Zarrella moved to remand the application back to staff to work out issues of concern. Mr. Abedon asked if this was an unusual request. Mr. Fugate replied yes an applicant usually requests to withdraw an application to address issues before the council makes a decision. The motion was carried on a unanimous voice.

8. APPLICATIONS REQUESTING WITHDRAWAL BEFORE THE FULL COUNCIL.

2004-08-099 O’NEILL PROPERTIES – Request for withdrawal of application submitted to CRMC for additions and renovations to existing dwelling, in-ground pool, two bedroom guest house, detached garage, ISDS roadway improvements; tennis court and landscaping. Located at plat 130, lot 58; Hopelands – Indian Avenue, Middletown, RI.

Kristen Sherman, attorney for the applicant was present on behalf of the applicant. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that the application was for a single-family dwelling and that staff recommended denial of the application. Mr. Fugate said the applicant asked to withdraw the application and file a new application to meet the CRMC regulations. Mr. Sahagian, seconded by Mr. Paolino and Mr. Zarrella moved to allow the applicant to withdraw the application without prejudice. The motion was carried on an

9. APPLICATIONS WHICH HAVE BEEN OUT TO NOTICE FOR 30 DAYS AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2003-02-021 ALEXANDER PETRUCCI -- construct a residential boating facility to consist of a 4’ x 75’ fixed timber pier, a 3’ x 20’ +/- ramp and a 10’ x 15’ (150 square foot) float. The terminus of the proposed dock will extend to 55-feet beyond mean low water (MLW) requiring a five (5’) foot variance. Located at plat U, lot 76; 15 Robertson Road, Narragansett, RI.

Mr. Abedon recused himself.
Alexander Petrucci, the applicant was present. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was for a residential boating facility with a 4’ x 75’ fixed pier, ramp and 10’ x 15’ float. Mr. Reis said a variance was needed because the dock was within 50’ of a mooring field and crossed over a town road. Mr. Reis said there was no staff engineering objection and the staff biologist had no environmental objection but deferred the application to the full council for their decision. Mr. Reis stated that the town harbormaster objected to the application because it may infringe on the town’s mooring field. Mr. Reis stated that the application had gone out to public notice and three objections were received. Mr. Reis said the application was closed administratively and then reopened. Mr. Reis said their was objection to the crossing of the town road and blocking of access. Chair Tikoian asked if staff talked to or met with the town harbormaster. Mr. Reis replied yes, that Mr. Deveau spoke with the harbormaster. The harbormaster was not present. Mr. Zarrella, seconded by Mr. Shekarchi and Mr. Paolino moved approval of the application with all staff stipulations and the variance. Mr. Gray had a question on the sideline dock extending over the riparian lines and asked staff to explain what the applicant was crossing. Mr. Reis explained that if you look at East Pond Road it extends through the dock into the water. Mr. Reis said the standard is a 25’ setback from the property line extension and this includes town roads. Mr. Reis said staff brought this to the town’s attention and faxed a copy of the plan and asked them to alert staff if they had concerns with the plan. Mr. Reis said no response was received. Mr. Reis stated that no letter from the town was received regarding the crossing. Chair TIkoian asked why they used East Pond Road and not the extension of the applicant’s property line Robertson Road. Mr. Reis said they looked at both and there was a 45’ setback from Robertson Road and it meet the CRMC setback requirements but East Pond Road did not meet the setback requirements. Mr. Reis explained that this was a cove situation and it may not meet all the setbacks because of the pie-like shape effect. Mr. Gray noted that this property line was parallel to the shoreline rather than perpendicular. Mr. Reis replied yes. Director Vincent asked staff to explain the swing and having a 20’ boat and a mooring at 75’ distance from the end of the dock. Mr. Reis replied that they use a 7 to 1 scope for a mooring which is 7’ x 6.5’ which equals 45’, a vessel length of 20’, which is an average boat length, and added an additional 5’ for the bow. Mr. Reis said the mooring is 74’ from the end of the dock and the swing slope and would meet the requirements but that it is close. Mr. Gray said the town has set moorings outside of the criteria of their plan. Mr. Gray asked if the scope was set by the towns. Mr. Reis replied no they use the US Coast Guard standards. Chair Tikoian stated that because the mooring is in the wrong place it effects the application. Chair Tikoian suggested that CRMC send a letter to the town to inform them of this. Mr. Reis responded that when the harbor plan comes up they can raise this issue. Mr. Zarrella felt the council should inform the town harbor master that the moorings are in the wrong place and they need to be corrected. Mr. Reis said there was a conflict with the mooring field and the harbor management plan. Mr. Gray felt since the town mooring was in the wrong place that the applicant should not be penalized. Chair Tikoian requested that the executive director send a letter to the town informing them that the mooring is in the wrong place and they need to correct this. The motion was carried on a unanimous voice vote.

10. APPLICATION REQUESTING EXTENSION OF ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

1992-01-046 ROBERT J. SETTIPANE – Extension of previously approved permit to construct dwelling and riprap work. Located plat 313, block 5, lot 1; 21 White Avenue, East Providence, RI.

Robert Settipane, the applicant was present. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that he had granted a one-year extension administratively and that the applicant was before the council for a one-year extension of the assent. Vice Chair Lemont, seconded by Mr. Paolino moved approval of a one-year extension of the assent. Mr. Gray noted that this was a 1992 application and asked about the extensions. Mr. Fugate explained that the applicant had requested extensions in the past which were not limited but not now fall under the new extension rules. The motion was carried on a unanimous voice vote.

11. COASTAL HABITAT RESTORATION TRUST FUND APPLICATIONS BEFORE THE COUNCIL FOR REVIEW AND DECISION:

* Kickemuit Reservoir Fish Ladder
* Walker Farm Salt Marsh Restoration

Chair Tikoian stated that the Kickemuit Reservoir Fish Ladder was requesting $50,000 for habitat restoration and the Walker Farm Salt Marsh Restoration was requesting $30,000 for habitat restoration. Mr. Fugate explained that this was part of the $250,000 granted for habitat restoration by the general assembly last year. Mr. Fugate said they were asking for approval quickly so they could get additional federal funds. Megan Higgins, CRMC staff, explained that the $250,00 was to be used for different project full amounts requested or what the CRMC Technical Team approved. Ms. Higgins explained that the CRMC Technical Team approved $40,187 for the Kickemuit Reservoir Fish Ladder project versus the amount requested for $50,000 by CMS. Ms. Higgins said the technical team approved $40,187 for Kickemuit and $30,000 for Walker Farm. Mr. Paolino asked why not give the them the full amount they asked for. Ms. Higgins noted that if the council approved more than what the technical team approved it would take away from another project. Director Vincent, seconded by Mr. Paolino and Mr. Abedon moved approval of the grant fund requests for Kickemuit in the amount of $40,187 and Walker Farm in the amount of $30,000. The motion was carried on a unanimous voice vote.


2003-10-045 TOWN OF BARRINGTON -- Restore a native, low salt marsh community by improving tidal exchange and by limiting impounding of the marsh using adaptive management techniques. Tidal exchange will be improved by removing restrictions to tidal flow, increasing culvert sizes and by removing fill placed on the marsh. Located at plat 16, lots 19, 20, 21, 22, 23; Walkers Farm Marsh; Rte 114; Barrington, RI.

Andy Lipsey, was present on behalf of the Town of Barrington. Mr. Fugate gave council members a brief statement on the application. Mr. Fugate explained that this was NRCS funding request for a salt marsh restoration project. Mr. Fugate said there was no staff objection to the application. Mr. Paolino, seconded by Mr. Shekarchi moved approval of the funding request and the application with all staff stipulations. The motion was carried on a unanimous voice vote.

12. CRMC Enforcement Report – January, 2005

There were none held.

13. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned
At 6:50 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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