In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on June 14, 2005 at 6:00 PM at the Narraganset Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Joseph Shekarchi
Jerry Sahagian
Ray Coia
Joe Paolino
Neill Gray
W. Michael Sullivan
Tom Ricci
Jerry Zarrella

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, PE, CRMC Supervising Engineer
David Reis, CRMC Supervising Environmental Scientist
Danni Goulet, PE, CRMC Dredge Coordinator
David Alves, CRMC Aquaculture Coordinator
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:25 P.M.

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

Chair Tikoian asked if there were any questions or changes on the Minutes for May 25, 2005. Mr. Sullivan stated that his full name was W. Michael Sullivan.

Mr. Coia seconded by Jerry Zarrella moved approval of the May 25, 2005 minutes with correction. 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 to present.

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

DEM Director, W. Michael Sullivan, stated for the record that Robert Ballou would sit as DEM representative during the Filippi application as Mr. Ballou had participated in the subsequent meeting.

5. CONTINUANCES:

2004-08-029 ARMAND DELUISE – Construct a 36’ x 25’ single family dwelling with deck, permeable driveway and denitrifying ISDS. Located at plat 334, lots 252, 253; Spadina Avenue, Warwick, RI.

Chair Tikoian stated that he received a request for continuance from Mill Cove Conservancy stating that they wanting to be present for the application’s Council hearing. Chair Tikoian noted there is a 24-hour rule for continuance requests. Chair Tikoian continued the application to the next meeting agenda. The application was continued.

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

2005-04-055 V & S PROPERTIES -- Construct and maintain a subdivision of a significant portion of the subject property into 42 individual parcels. Subsequently, two residential access roads would be constructed in the northeastern and the southern/western portions of the site, respectively. The proposed Parcel 33 would consist of the existing residential dwelling adjacent garage, individual sewage disposal systems and associated features would be constructed within each of the 41 undeveloped lots. Additionally, an extensive stormwater management system would be constructed on-site including a series of catch basins and drain pipes, (2) detention ponds, and drywells within each of the individual subdivision lots. Retaining walls would be constructed in the various strategic locations on-site. Finally, recreational yards and necessary areas of grading would be established throughout the proposed project area. Located at plat 164, lot 2; plat 165, lot 1; 288 Fletcher Road, North Kingstown, RI.

Attorney John Kupa was present on behalf of the applicant. Ken Anderson gave council members a brief summary on the application. Mr. Anderson stated that staff recommended approval of application with stipulations. Attorney Kupa stated that there was one existing house on the property and that the Town of North Kingstown had just purchased 9 of the lots leaving approx. 31 lots for development. Mr. Chris Duhamel, RPE, from DiPrete Engineering, was sworn in. Mr. Duhamel was recognized by Chair Tikoian as an expert witness. Mr. Duhamel gave an overview of the project stating that the 119 acre residential subdivision would be located abutting Calf Pasture Point, Allen’s Harbor. Mr. Duhamel stated that an RIDEM Freshwater Wetlands permit was applied for and received for project in their jurisdiction. CRMC jurisdiction is from 200’ from contiguous wetland, 2 acres of CRMC buffer on property which would be isolated from development. No activity is proposed near this CRMC buffer. Subdivision is designed to meet all RIDEM best management practices. There are no alterations in freshwater wetlands. The drainage system is designed to control surface runoff to mitigate it on site to drywell system and then drainage basin. Water quality improvements incorporated into project. Mr. Duhamel stated that the 9 lots being purchased by the Town of North Kingstown were to be preserved. The remaining 33 lots which go from 30K s.f. to 3 acres in size 3800 foot would have a private roadway to access the lots; to be serviced by public water and RIDEM approved ISDS systems. Mr. Duhamel stated that CRMC review required two items that were outstanding from the preliminary determination: 1) identify the conservation easement on the wetland area on site; plan has been provided to staff that delineates that area; 2) another requirement would be to have a 20’ access and maintenance easement that would be positioned inland of a culvert. Mr. Duhamel stated that there was a potential for ROW access to Calf Pasture Point. The Town of North Kingstown asked that contiguous access be provided. Mr. Sahagian inquired of Attorney Kupa if he was in agreement with staff stipulations. Attorney Kupa stated that he was in agreement and had no objection to compliance with conservation easement. Mr. Sahagian motioned, seconded by Ray Coia and Jerry Zarrella, approval of application with staff stipulations. Motion carried on a unanimous voice vote.

Kenneth Anderson stated that there were 8 stipulations in the staff report. Mr. Sahagian revised his motion to say all staff stipulations. Mr. Kupa again stated that the applicant agreed to all staff stipulations.

2004-12-014 GENERAL DYNAMICS – New maintenance dredging; approximately 13,000 cubic yards of new and maintenance dreding in front of the facility with CAD cell disposal. Located at plat 185, lot 2; MacNaught Street, North Kingstown, RI.

Steve King from the Economic Development Corporation was present as well as Shiela Wahl from Electric Boat. Danni Goulet, CRMC Dredge Coordinator, gave council members a brief summary on the application. Mr. Shekarchi asked where the dredge material would be taken. Mr. Goulet stated dredge materials would be deposited in the CAD Cell. Rick St. Jean made brief statement to Council. Mr. Ricci motioned, seconded by Mr. Zarrella, to approve application. Mr. Sullivan asked if the motion included staff stipulations. Question was confirmed by Chair Tikoian. Motion carried on a unanimous voice vote.

1998-08-082 HARVEY and PATRICIA BENNETT – Modification to permit requesting to extend existing authorized residential boating facility to 45’ beyond MLW, (40’ beyond MLW authorized) and add a boat lift. Proposed changes will also correct construction deficiencies. Located at plat 385, lot 40; 1096 Warwick Neck Avenue, Warwick, RI.

Chair Tikoian recused himself turning the Chair over to Vice Chair Lemont. David Reis gave council members a brief summary on the application stating that staff recommended approval of the application. No discussion by council. Mr. Sullivan motioned, seconded by Mr. Zarrella and Mr. Paolino. Motion carries on a unanimous voice vote.

2005-04-042 NICK PAPA, JIM ARNOUX AND ANTHONY PASTORE – Establish a one acre aquaculture farm in Ninigret Pond, Charlestown, RI, to culture the American Oyster, quahog, soft shell clam, and the bay scallop. Located in Ninigret Pond, Charlestown, RI.

Mr. Papa, Mr. Arnoux, and Mr. Pastore were present. David Alves, CRMC Aquaculture Coordinator, gave council members a brief summary of the application stating that he had no objection to the approval of the project. No discussion by council. Mr. Sullivan motioned, seconded by Mr. Coia, approval of application. Motion carried on a unanimous voice vote.

2004-09-056 MICHAEL PELLEGRINI – “Category A” – Construct a two bedroom dwelling, pervious driveway, and denitrifying ISDS. Located at plat 141, lot 28; 441 Shore Acres Avenue, North Kingstown, RI.

Attorney Susan Ciarello was present representing the applicant. David Reis gave council members a brief summary of the application stating differing staff recommendations. Mr. Reis stated that a violation situation was present on the property which originated approximately 20 years prior and not being resolved by CRMC enforcement staff. Applicant would like to build two bedroom dwelling on existing fill pile. Attorney Ciarello stated that Mr. Pellegrini had read the staff reports and agreed to all staff stipulations. Attorney Ciarello submitted to the Council a modified plan that specifically states vegetation to be planted which would offer the buffer zone more protection. Joseph Frisella, RPE, sworn in. Mr. Frisella was recognized by Chair Tikoian as an expert witness. Mr. Frisella stated that he had designed the project and starts to describe the modified plan. Chair Tikoian asked if plan had been submitted to staff prior to the meeting. Mr. Frisella stated that it was no essential that the plan be submitted at this time; it was just to show the different plantings which were narrowed down and decided on. Attorney Ciarello stated that the original plans submitted had very generic vegetation noted. The new plan is more specific. Chair Tikoian states that he would like Attorney Ciarello to stick to the issues of the objection. Mr. Frisella gave a brief summary of his involvement with the application. Mr. Frisella stated that the proposed dwelling is the minimum size possible as well as the ISDS. Mr. Frisella stated that the fill on the property was placed against the clients wishes and that Mr. Pellegrini tried to prevent said dumping from occurring. Attorney Ciarello requested RIDEM permit be entered into the record. Mr. Goldman entered it as Pellegrini #1. Discussion on enforcement situation. Mr. Pellegrini sworn in. Mr. Ricci asked Mr. Pellegrini if he had caused property to be filled with unclean fill. Mr. Pellegrini stated that the fill was dumped there during Quonset Point road projects in 1985. Vice Chair Lemont asked Mr. Pellegrini if the Cease and Desist order from RIDEM ordered the fill to be removed. Mr. Pellegrini stated that it did not. Next witness, Linda Steere, Applied BioSystems, was sworn in. Chair Tikoian recognized Ms. Steere as an expert witness. Ms. Steere stated that she had conducted inspections, reports, and studies on the property. Mr. Fugate clarified to Council that in 1985 Ms. Steere was employed by the CRMC and reviewed the Pellegrini preliminary determination application for CRMC. Council did not have objection to Linda Steere continuing her presentation. Ms. Steere stated that she was hired by Mr. Pellegrini one year ago. Ms. Steere stated observations of the wetland on the site stating that the lot changed over time due to road drainage. Attorney Ciarello stated that the applicant is providing adequate protection to wetland, with conservation easement, new plan gives more area to the conservation easement. Ms. Steere stated that the relief from the hardship would determine whether Mr. Pellegrini could have a house on the property. If the council did not grant the variance to the buffer zone, Mr. Pellegrini could not build his house. Mr. Sullivan asked Ms. Steere for clarification on the setback and buffer requirements stating that a 100’ setback and a 75’ buffer was required on this site, however, Mr. Pellegrini could only provide an 8’ setback with a 0’ buffer. Ms. Steere stated that the clarification of plantings on the new plan would buffer the wetland edge. Mr. Sullivan asked if applicant agreed with staff stipulations on future alteration. Ms. Steere stated that applicant understood the staff stipulations and agreed that he would have no egress and no deck on the buffer side of dwelling; the only access would be from the front and side of the dwelling. Council requested recording of prohibited activities in the future. Next witness called was Robert DeGregorio, Real Estate expert. Attorney Ciarello stated that Mr. DeGregorio would present the Council with a Real Estate Summary stating that any dwelling smaller than that proposed would not fit into the neighborhood. Mr. Goldman stated that the Supreme Court has ruled that real estate issues, the diminuition of values of property must involve beneficial use. Those are not relevant to our inquiry here because we do not have the ability to compensate. Chair Tikoian asked questions of CRMC staff stating that the issue seemed to be an engineering issue as opposed to a biological issue. Mr. Anderson explained his position of objection further. Mr. Reis clarified content of 2001 Preliminary Determination as being unfavorable. Mr. Lemont stated his position on Enforcement issue involved with project. Mr. Zarrella motioned approval of application with stipulation from DEM on 1987 letter that they record that letting any future owners know about filled wetlands on property. Mr. Paolino seconded motion. The motion carried. Mr. Lemont opposed.

Mr. Shekarchi excused himself from the meeting due to another commitment.

2005-03-120 SAVE THE BAY -- Construct and maintain marina facilities including a combination of fixed pier, floating docks and wave screen. Marina facilities are proposed to enhance the Bay Center by providing docking location for Save The Bay’s (STB) research vessels year round and educational touring vessels on a seasonal basis, May through October. Dock space will also provide space for seasonal visiting vessels and serve Johnson and Wales sailing team on a seasonal basis. Located at plat 56, lot 257; Fields Point Drive, Providence, RI.

Curt Spalding, Executive Director for Save the Bay present. Mr. Reis gave council members a brief summary of the application stating that CRMC staff recommended approval of the application. Mr. Lemont complimented Mr. Spalding on the new facility. Mr. Lemont motioned approval of application. Motion seconded by Mr. Paolino and Mr. Zarrella. Chair Tikoian asked question regarding wave fence. Mr. Reis stated that the area of project was a high energy environment and wave fence was agreed upon for marina. Motion carried on a unanimous voice vote.

2003-03-040 RICHARD GORDON -- construct and maintain: a 60’ x 120’ single family dwelling, to be served by municipal sewer and water service, on (subdivided) northern portion of existing lot 72. (Per Section 150, the structure requires a buffer zone of 200’ from the top of bluff. The proposal provides a minimum buffer of 33’, requiring a maximum variance of 167’). Located at plat 41, lot 72 (portion); 81 Ocean Avenue, Newport, RI.

Council member Joseph Paolino recused himself from hearing application. Attorney Turner Scott present for applicant. Ken Anderson gave council members a brief summary of the application stating that CRMC staff did not feel the application met CRMP Section 120 criteria. Attorney Scott gave brief history of application stating that the location of the project was moved from bluff to tennis court area and reduced the size of the dwelling. Richard Gordon sworn in. Attorney Scott gave pamphlet to Council members as list of exhibits, and along with testimony from Mr. Gordon, gave a brief explanation of each sheet. Mr. Gordon stated that he agreed with the concessions made in regards to his application and also agrees not to subdivide the property further. Mr. Gordon stated that the property was for family ownership. Mr. Gordon answered in the affirmative when asked whether he had maintained property in natural vegetative state since his ownership of the property in 1986. Mr. Gordon stated he understood the deed restrictions that would be set on the property in the event of approval. Attorney Scott submitted the Historical Preservation Commission letter of no objection. Chair Tikoian asked Mr. Gordon question on Exhibit #6, Conservation easement on subdivided lot. Mr. Gordon stated that there would be additional buffer plantings in the area. Exhibit M was looked at by Council. Chair Tikoian stated that the condition of not subdividing the lot was in perpetuity and asked if applicant agreed. Mr. Gordon stated that he understood and agreed. Staff member Ken Anderson was called upon to explain his reasoning for his recommendation of denial in regards to variance of buffer regulations. Mr. Fugate stated that the application was not requesting a 100% variance to the buffer and that they were offering a buffer area. Attorney Scott explained that there would be a vegetated buffer area right up to the rock/stone area and that the rock outcrop was in a sense also buffer as they would not be changing that area. Mr. Anderson stated he was not aware of any vegetative buffer on plans. Attorney Scott stated that the plans were updated and buffer was added. It was unsure of the length/depth dimensions of buffer area. Chair Tikoian stated that Staff should be able to review changes to plan prior to Council review. Vice Chair Lemont motioned to continue application for two weeks. Motion was seconded by Mr. Sullivan. Mr. Gray asked for clarification on how the runoff water from the roof would be handled. Motion was carried on a unanimous voice vote.

2005-03-022 TOWN OF NEW SHOREHAM -- Construct and maintain install eight (8) tie-off pilings along west dock, inner basin, to assist in boat docking. Located at plat 6, lot 158A; Water Street, New Shoreham, RI.

The New Shoreham Harbormaster was present to represent the Town. Ken Anderson gave council members a brief summary of the application stating that CRMC staff had no objections to the proposed project. Vice Chair Lemont motioned approval of application. Motion seconded by Mr. Zarrella. Motion carried on a unanimous voice vote.

7. Application which has had Public Hearing and is before the Full Council for Final Decision:

2003-12-061 MARION C. FILIPPI / BALLARDS MARINA – Construct a marina facility consisting of 305 linear feet of floating dockage (8 boat slips), dredge 2,600 cubic yards of sediment to be used as beach nourishment at “Ballards Beach”, and construct steel bulkhead (150 LF, total). Located in Old Harbor, Block Island (RI) Sound, plat 6, lot 159; “Ballard’s Wharf”, Water Street, New Shoreham, RI.

Chair Tikoian recused himself from hearing application, turning the Chair over to Vice Chair Lemont. Vice Chair Lemont stated that a number of hearings had been held in regards to the application. Briefs had been prepared by Legal Counsels of applicant and objectors. Attorney Goldman took a roll call of members present who had appeared at all hearings, had read the record, and had read the briefs prepared by attorney’s and submitted previous to the meeting. All council members had attended the meetings, read the record and briefs, however, Mr. Gray stated that although he had attended all of the hearings and read the record, he was unaware that the briefs were separate from the record and therefore had not read them. Discussion on continuing application for two weeks. Vice Chair asked for a five minute limit on discussions/case by attornies involved with application. It was decided that Attorney DeAngelis would be allotted 10 minutes and he did not have a Co-Counselor. Mr. Fugate asked Council Members to keep their Agenda packages for the next meeting to allay the copying costs. Application continued until June 28, 2005.

8. Category “A” List

There were none held.

There being no further business before the council the meeting, the council adjourned at 8:30 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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