In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, April 26, 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
Bob Ballou
Dave Abedon
Joe Shekarchi
Neill Gray

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 6:02 P.M.

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

Mr. Gray requested that the minutes of April 12th be amended to add his name to the list of attendees as being present. Mr. Coia seconded by Mr. Gray moved approval of the April 12, 2005 minutes as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

Vice Chair Lemont announced that there would be a meeting next Tuesday, May 3rd at 5:00 p.m. on the DiFillipi application.

Mr. Goldman gave council members an update on the court’s decision on the application of DEM/Fort Adams State Park and the appeal by Brenton Cove Assn. of CRMC’s decision. Mr. Goldman stated that the court ruled in favor of CRMC’s decision for approval of the courtesy dock.

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

5. CONTINUANCES:

2000-05-53 JOHN and ALICE SANTOS – Modification of Assent for 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 applicant was not present. Chair Tikoian stated that the objector’s asked for a continuance because he was sick. Chair Tikoian announced that the application had been continued to the second meeting in May. The application was continued to the May 24th meeting.

6. APPLICATIONS REQUESTING EXTENSTION OF CRMC ASSENT BEFORE THE FULL COUNCIL FOR DECISION:

1989-09-042 FAIGIE RICHMAN -- Extension of permit for recreational boating facility. Located at plat 5, lot 31; 10 Cove Drive, Charlestown, RI.

The applicant was not present. Mr. Fugate stated that the applicant’s children were sick and he was unable to attend the meeting. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate stated that he had granted a one-year administrative extension of the assent and that this was the first one-year extension request from the council. Vice Chair Lemont, seconded by Mr. Coia moved approval of a one-year extension of the assent. The motion was carried on a unanimous voice vote.

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

2004-10-112 OSPREY CREEK, LLC -- Construct a residential boating facility to consist of a 4’ x 192’ fixed timber pier, a 3’ x 15’ ramp and a 10’ x 15’ (150 square foot) float. The terminus of the pier will extend to 122-feet beyond mean low water (MLW). Located on Conanicut Island, plat 4, lot 39; 486 East Shore Road, Jamestown, RI.

Chair Tikoian recused himself.
Vice Chair Lemont presided.
Joseph DeAngelis, 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 to construct a residential boating facility 4’ x192’, a 3’ x 15’ ramp and a 10’ x 15’ (150 s.f.) float. Mr. Reis stated that the dock would extend 122 feet beyond mean low water. He said the dock is located in an eelgrass area and the applicant is using the Burdick & Short method to extend the dock out passed the eelgrass area. Mr. Reis stated that staff recommended approval of the application. Mr. DeAngelis explained that they needed an 87’ variance to get past the eelgrass area. Mr. DeAngelis requested the council’s approval of the application. Mr. Abedon noted that the variance request in the file was 88’. Mr. DeAngelis replied correct not an 87’ variance as he stated. Mr. Sahagian, seconded by Mr. Coia and Mr. Shekarchi moved approval of the application with all staff stipulations and the 88’ length variance. The motion was carried on a unanimous voice vote.

2005-01-096 CAPITOL PROPERTIES – Capitol Center District Parcel 2; Two multi-story mixed-use buildings and an underground parking garage at Parcel 2, served by sewers and city water service. (The project includes a 2.5 story underground garage for 475 cars, one residential tower (17 stories) for 134 units, one residential tower (19 stories) for 141 units and 14,000 s.f. of retail space, total). The project includes stormwater management, and a permanent groundwater discharge (to lower groundwater elevation) to the Woonasquatucket River. Located at plat 19, lot 102; Exchange Street, Providence, RI.

Chair Tikoian recused himself.
Vice Chair Lemont presided.
Richard LiBardoni, Capitol Properties, the applicant was present. Joseph DeAngelis, attorney for the applicants was also present on behalf of the applicants. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was for two multi-story mixed-use buildings and an underground parking garage at Parcel 2, serviced by sewers and city water service in Capitol Center District Parcel 2. He said the project includes a 2.5 story underground garage for 475 cars, one residential tower (17 stories) for 134 units, one residential tower (19 stories) for 141 units and 14,000 s.f. of retail space, total. Mr. Reis noted that the applicant had received all DEM permits and the water quality certification. Mr. Reis said staff recommended approval of the application. Mr. DeAngelis stated that they had all the necessary permits from RI DEM, City of Providence Zoning and Narragansett Bay Commission approvals. Mr. DeAngelis stated that the staff stipulations are acceptable to the applicants. Mr. DeAngelis said staff recommended approval of the application. He also noted that it has been a 14-month process from the start of the project to getting to CRMC. Mr. Shekarchi, seconded by Mr. Sahagian and Mr. Coia moved approval of the application with all staff stipulations. Mr. Balou asked if there would be any public access along the river walk as most of the river walk would be blocked during construction. Mr. LiBardoni replied that they did consider keeping the river walk open but because of construction and steel beams moving in and out there would be safety issues and it was too much liability. Mr. LiBardoni stated that they spoke with the City of Providence regarding shutting the river walk down during construction and that the river walk would be re-open in the Spring of 2007. The motion was carried on a unanimous voice vote.

2005-02-056 NEW YORK YACHT CLUB -- Add two 12’ x 40’ floating dock extensions to existing approved dinghy dock. Located at plat 41, lot 12; 5 Halidon Avenue, Newport, 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 to add two 12’x40’ floating dock extensions to an approved dinghy dock. Mr. Reis said staff recommended approval of the application. Mr. Scott had nothing to add to the application. Vice Chair Lemont, seconded by Mr. Shekarchi moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2003-03-035 MARCIA GLASSIE – construct a residential boating facility to consist of a 4’ x 151’ fixed timber pier with a lower 4’ x 20’ “L” section at the seaward end of the dock. The terminus of the dock will extend to 74’ beyond mean low water (MLW). Located at plat 9, lot 296; Conanicut Island, 7 High Street, Jamestown, RI.

Marcia Glassie, the applicant was present. Mr. Fugate gave council members a brief summary on the application. Mr. Fugate explained that this application had an existing violation on it and that it was the council’s policy not to hear an application with an existing violation. Mr. Fugate stated that the application had been mistakenly scheduled. Mr. Fugate noted that the violations were for a swing set and blockage in the designated right-of-way. Chair Tikoian asked the applicant to update the council on the status of the violations. Ms. Glassie replied that the designation of the right-of-way is under appeal with the Superior Court. Ms. Glassie stated that her lawyer filed an order that the town give them 30 days notice for any changes to the area. Ms. Glassie said the area had been the same for 14 years and that their dock has nothing to do with the right-of-way issue. She said they had received permits to build on the oundation of property. Mr. Coia asked legal counsel what the violations were. Mr. Goldman explained that CRMC designated High Street as a public right-of-way and that the applicant has bushes and a swing set in the right-of-way. Mr. Goldman said the council voted to have the structures removed from the right-of-way. Mr. Goldman stated that the applicant’s attorney filed a stay of the council decision but that it was denied. Mr. Goldman said the right-of-way stands in effect. Mr. Goldman stated that he has been trying to get a briefing with the applicant’s attorney but he has not been successful with the applicant’s attorney to schedule the briefing. Mr. Goldman stated that he would contact the applicant’s attorney again to do the briefing. The application was continued.

2004-06-002 ALICE HOHLER and HOPE MAYNARD -- Riprap revetment (approx. 2,500 linear feet total), beach nourishment and construct shoreline access stairs, per proposed plans. Located at plat 369, lot 111; 597 Buttonwoods Avenue, Warwick, RI

Alice Hohler and Hope Maynard, the applicants were present. Leonard Maynard, the applicant’s husband and Todd Rabineau, the applicants’ engineer were also present on behalf of the applicants. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to put approximately 2,500 l.f. of riprap revetment along the beach with beach nourishment and shoreline access stairs. Mr. Reis said they would be placing sand on the beach. He said the engineer had no objections to the application but had concerns with the revetment. Mr. Reis stated that he recommended denial of the application. Mr. Reis said his recommendation for denial was based on when a revetment is constructed beaches go away. Mr. Reis explained that the scour created by the waves and the sand reduces the area to rocks and cobblestones. He said this creates beach erosion. Mr. Reis stated that there were photographs in the packet that showed the beaches going away with revetments and there are no longer beaches in the area where revetments are. Mr. Reis felt the protection of resources need to come first. Mr. Sahagian asked what the difference was from staff stating “no objection” and “approval” of an application and asked if they were the same. Mr. Fugate replied that if a policy issue or a variance is sought staff offers “no objection” and if a variance is a result of a staff recommendation or the application meets all of the CRMC criteria staff recommends “approval”. Mr. Abedon asked if Mr. Anderson had a programmatic problem with the application. Mr. Reis replied that his report noted that revetments cause problems with beaches and impact them. The applicants deferred to their engineer, Mr. Rabineau to testify on their behalf. Chair Tikoian explained that the CRMC rules state that an applicant can represent themselves or be represented by an attorney but not represented by an engineer or consultant. Chair Tikoian stated that they would have to put their engineer on the stand to testify. Mrs. Maynard stated that her husband would speak for them. Mr. Maynard stated that they wanted to put in 250 feet of revetment to prevent house from falling into the bay and felt this was a small matter to ask. Mr. Goldman asked if he had ownership in the property. Mr. Maynard replied that the property is in Alice and Hope’s names. Mr. Maynard stated that he had pictures of the property that he had taken yesterday to show what has happened to the property during the last storm. Mr. Goldman explained that this is a quasi judiciary body and they abide by the court rules. Mr. Goldman stated that Mrs. Maynard’s husband was acting as an attorney and putting on a case. Mr. Goldman explained that either Mrs. Maynard or her sister had to speak on their behalf or get an attorney and their attorney could call Mr. Maynard as a witness and he can give testimony. Chair Tikoian felt that if the outcome of the hearing was not in their favor it would be best for the applicants to have an attorney. Mrs. Maynard replied that during the next hurricane they could loose their home. Chair Tikoian stated that if they get an attorney he would put the application on the next council agenda in two weeks, May 10th. Mrs. Maynard agreed to hire an attorney to represent them. Chair Tikoian continued the application to the May 10th meeting to allow the applicant to retain an attorney to represent them.

8. APPLICATIONS REQUESTING APPROVAL TO ALTER FRESHWATER WETLANDS IN THE VICINITY OF THE COAST BEFORE THE FULL COUNCIL FOR DECISION:

2004-01-056 ELIZABETH BULLOCK -- Constructing a three (3) bedroom residential dwelling, an individual sewage disposal system (ISDS) and approximately 1,045 linear feet of permeable driveway. Proposed alterations to freshwater wetlands in the vicinity of the coast include: approximately 3,960 square feet of disturbance to wetlands area of which approximately 1,990 square feet of disturbance to biological wetlands. The project, as proposed, will result in the alteration and/or disturbance of at least (3,960) square feet, or (0.09) acres of freshwater wetland as well as (NO) linear feet of watercourse as noted above. Located at plat 15, lot 6-3; Rita Way, Little Compton, RI.

Elizabeth Bullock, the applicant was present. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to construct a 3-bedroom residential home with a gravel roadway through the wetland. Mr. Reis stated that the application meets CRMC rules and requirements. Mr. Reis said there was no staff engineer or biologist objection to the application and that staff recommended approval of the application. Mr. Reis explained the plan on page P18 and stated that the plan depicted the wetland line, which was just a small area of the driveway crossing over the wetland. Mr. Reis stated that an objection had been received and that the objector had requested a hearing on the application but no objection had been filed. Ms. Bullock explained that she had approached her neighbors to look at an alternate site but she was denied access. Mr. Sahagian, seconded by Mr. Coia moved approval of the application with all staff stipulations. Mr. Balou abstained from voting on the application because a water quality certification permit was needed and the applicant had not applied for a water quality certification permit. Ms. Bullock replied that her engineer had filed the application today. Chair Tikoian asked why a water quality certification permit was needed. Mr. Balou replied because of the filing of a wetland. Mr. Fugate explained that this was not a preresequite of the council but that they could hold the assent until the water quality certification permit was received. Chair Tikoian stated that the application could be approved subject to receipt of the water quality certification permit. Ms. Bullock asked what the timeframe was for approval of a water quality certification permit. Mr. Balou stated that the applicant could contact him and he would let her know the timeframe. Mr. Sahagian, seconded by Mr. Coia amended the motion to add that it be subject to receipt of the water quality certification permit. 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 6:47 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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