In accordance with notice to members of the Rhode Island Coastal Resources Management Council a meeting was held on Tuesday, March 8, 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
Ray Coia
Joe Paolino
Fred Vincent
Dave Abedon
Joe Shekarchi

STAFF PRESENT

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

Chair Tikoian called the meeting to order at 6:10 P.M.

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

Mr. Coia seconded by Mr. Paolino moved approval of the February 22, 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 there would be a hearing tomorrow, March 9th on the Block Island application and they would hold three more meetings in March.

Vice Chair Lemont reported there would be a meeting on Tuesday, March 15th on the Waites Wharf application in Newport and the subcommittee would report to the full council at the next meeting.

Chair Tikoian announced there would be a policy and planning subcommittee meeting on Tuesday, March 15th on the Greenwich Bay SAM Plan. Chair Tikoian also stated that they would also be having have public comment at the policy and planning subcommittee.

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

5. PRESENTATION TO COUNCIL BY RHODE ISLAND MARINE TRADE ASSOCIATION:

Ken Cubic, Mike Keyworth and Don Conradi of the RI Marine Trade Association gave council members a presentation on marina expansions in Rhode Island. Mr. Cubic submitted a map to council members which depicted where marinas could be placed as an exhibit. Mr. Cubic stated that marinas created jobs in Rhode Island and give access to water. Mr. Cubic stated that the job creation was very successful. Mr. Cubic said they were looking at where they can create jobs and put marinas. Mr. Cubic stated that marinas have no place to go. Mr. Paolino agreed that there were not enough slips in marinas for boats now. Mr. Cubic said if they bring in a 40’ boat they create two (2) jobs, one direct and one indirect job. Director Vincent asked what the industry projection was on annually increment in slips. Mr. Cubic replied they did a study of all major marinas, yacht clubs and harbormasters for mooring a few years ago and found that there were 4,000 slips on a waiting list. Mr. Abedon asked if this plan represents marinas and not docks or mooring fields. Mr. Cubic replied that the plan represents areas within DEM and CRMC regulations where you could put a marina. Mr. Conradi said they are working with EDC on the amount of slips the state could use for a target purpose. Chair Tikoian noted that there has been a lot of negative publicity on marina expansions and felt the RI Marine Trade Association needed to educate the public. Chair Tikoian thanked the RI Marine Trade Association for their presentation. Chair Tikoian felt the CRMC and trade association had a good relationship and felt the trade association needed to educate the public on marinas.

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

2004-030-124 THOMAS MARKARIAN – Construct a residential boating facility to consist of a 4’ x 271’ fixed timber pier, a 4’ x 20’ ramp and a 150 square foot float. The dock will also incorporate a boat lift system. The terminus of the facility will extend to 162-feet beyond mean low water (MLW) to span the existing SAV habitat (-14’ MLW) requiring a length variance (pursuant to RICRMP Section 300.4.E.3.(k). Located at Plat 2, Lot 225; Conanicut Island, 746 East Shore Road, Jamestown, RI.

Thomas Markarian, the applicant was present. John Caito, the applicants’ engineer was also 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 construct a residential boating facility to consist of a 4’ x 271’ fixed timber pier, a 4’ x 20’ ramp and a 150 s.f. float. Mr. Reis said the dock extends 159’ beyond mean low water (mlw) and required a 109’ length variance. Mr. Reis stated that staff deferred the application to the full council because of an objection. Mr. Reis said there were no biologist or engineering objections to the application. Chair Tikoain asked if the reason the application was deferred to the council was because of the objection. Mr. Reis replied yes. Mr. Reis noted that the eel grass issue had been addressed and the applicant was using the Burdick & Short method for the dock which would allow light to filter under the dock for the eel grass. Chair Tikoian asked why staff did not recommend approval of the application. Mr. Fugate replied that staff did not know the extent of the objection and therefore deferred the application to the full council. Chair Tikoian had a problem with staff not making a decision on the application based on an objection. Chair Tikoian said if the dock met the CRMC criteria staff should have recommended approval of the application subject to the council’s decision. Chair Tikoian felt the statement on page 4 “The Town of Jamestown regulated moorings and the Jamestown Harbor Management Chairman said that the mooring maybe relocated provided they remain within the riparian property lines and 50’ away from the dock” was hearsay. Chair Tikoian asked if staff spoke to the Town Harbormaster. Mr. Reis replied he did not talk to the town harbormaster. Mr. Sahagian asked if the applicant had read the staff report and stipulations and agreed to them. Mr. Markarian replied yes. Vice Chair Lemont said based on the fact that staff could have recommended approval of the application except for the objection moved approval of the application with all staff stipulations, seconded by Mr. Sahagian. The motion was carried on a unanimous voice vote.

2005-01-004 LEE KNIGHT HILLANDALE FARM TRUST – Construct and maintain a 19-lot subdivision. Dwellings will be serviced by RIDEM approved ISDS and town water. Work also includes construction of roadway, drainage, and stormwater treatment basins. Located at Plat 132, Lot 87; Shore Road, Westerly, RI.

John Knight, the applicant was present. Joseph Toscano, the applicant’s engineer was also present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was for a 19-lot residential subdivision to be serviced by an approved ISDS sewer system and town water. Mr. Reis said the application falls within the Salt Pond Management Plan. Mr. Reis stated that staff had no objection to the application. Chair Tikoian asked if staff would recommend approval of the application. Mr. Reis replied yes. Mr. Sahagian, seconded by Vice Chair Lemont moved approval of the application with all staff stipulations. Chair Tikoian asked if the Town of Westerly agreed to do maintenance on the drainage system. Mr. Toscano replied yes and that there was a letter from the town in the file. The motion was carried on a unanimous voice vote.

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

Section 300.4 Residential Dock Subcommittee:

Revise Section 300.4.C.4 (f)

Chair Tikoian opened the public hearing. Mr. Fugate explained that this was a change to the 18” minimum depth requirement placed on docks which required that the application go to the full council for a variance. Mr. Fugate said this would remove the requirement that the applicant go to the full council to get a variance and allow it to be heard before the dock subcommittee. Mr. Vincent asked if this would change the dock subcommittee recommendation to the full council. Mr. Fugate replied no if there is a variance needed at the dock subcommittee level it would go directly to the full council for decision because the dock subcommittee could not grant a variance passed 75’ which would be a 25’ length variance. Mr. Sahagian noted that if a variance was greater than 25’ the application would have to go to the full council. Chair Tikoian called for public comment. There was no public comment. Vice Chair Lemont, seconded By Mr. Coia moved approval of the program change to Section 300.4.C.4.(f). The motion carried. Mr. Shekarchi abstained.

Coastal and Estuarine Land Conservation Program

Chair Tikoian opened the public hearing. Mr. Fugate explained the program change to was to establish a Coastal and Estuarine Land Conservation Program (CELCP). Mr. Fugate said they need a CELCP program in order to get federal funding which was a requirement placed by NOAH and they needed to have this program in place. Mr. Fugate noted that they are awaiting federal funding. He said they need to send a copy of the CELCP plan to NOAH for concurrence in order to get money. Mr. Fugate said a copy of the plan was in the packet. Chair Tikoian called for public comment. There was no public comment. Mr. Abedon, seconded by Vice Chair Lemont moved approval of the Coastal and Estuarine Land Conservation Program (CELCP). The motion was carried on a unanimous voice vote.

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

2004-12-015 DONALD DESROSIERS – Construct and maintain residential boating facility consisting of a 4’ x 144’ fixed timber pier including a 4’ x 20’ “L” pier at seaward terminus. The application requires a 53’ length variance from RICRMP Section 300.4.E.(k), to extend the facility a total of 103’ seaward of mean low water (MLW). Located at Plat 12, Lot 25B; 94 Washington Street, Newport, RI.

Mr. Paolino recused himself from the following two applications and left.

Turner Scott, attorney for the applicant was present on behalf of the applicant. Warren Hall, the applicant’s engineer was also 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 construct and maintain a residential boating facility consisting of a 4’ x 144’ fixed timber pier with a 4’ x 20’ “L”” pier at the seaward terminus. Mr. Reis noted that a 53’ length variance was needed. Mr. Reis said the dock extended 103’ seaward to get a depth at -5 to limit the impact on the eel grass. Mr. Reis stated that the applicant used the Burdick & Short method for the dock to allow light to filter under the dock. Mr. Reis said there was no survey data on eel grass in this area at this time. Mr. Reis said staff concluded that there was eel grass present. He stated that the dock met the CRMC plan and staff recommended approval of the application. Chair Tikoian noted that on page 2 of the staff report, staff requested that the Council remind the applicant’s engineer that a proper eel grass survey was a requirement of RICRMP Section 300.18.D.1). Mr. Coia, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations and the variance. The motion was carried on a unanimous voice vote.

2004-10-007 FOX ISLAND, LLC – Construct and maintain: riprap revetment at three (3) locations, totaling approx. 600 linear feet of new structural shoreline protection, per submitted plans. Located at Plat 31, Lot 48; Fox Island, North Kingstown, RI.

Turner Scott, attorney for the applicant was present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was for riprap revetment at three locations totaling approximately 600 l.f. of new structural shoreline protection. Mr. Reis stated that staff recommended approval of the application. Director Vincent requested that the assent be subject to water quality certification. Mr. Scott replied that they are in the process of getting water quality certification from DEM. Vice Chair Lemont, seconded by Mr. Coia moved approval of the application with all staff stipulations and subject to receipt of water quality certification and that the assent be held until the water quality certification was received. Chair Tikoian called for a roll call vote:

Mr. Sahagian Yes Mr. Vincent Yes
Mr. Coia Yes Mr. Shekarchi Yes
Mr. Abedon Yes Vice Chair Lemont Yes
Chair Tikoian Yes

7 Affirmative 0 Negative 0 Absentation

The motion carried.

9. CRMC Enforcement Report – February, 2005

There were none held.

10. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned
at 6:43 p.m. to go into Executive Session pursuant to RIGL 42-46-5.(a)1 Personnel and RIGL 42-46.5.(a)2 Litigation

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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