In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on July 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
Ray Coia
Neill Gray
Joe Shekarchi
Joe Paolino
Bob Ballou
Mike Sullivan
David Abedon

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Kenneth Anderson, CRMC Engineer
David Alves, CRMC Aquaculture Coordinator
Sean Feeley, CRMC Environmental Scientist
John Longo, Deputy Legal Counsel

1. Chair Tikoian called the meeting to order at 6:05 P.M.

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

Mr. Coia seconded by Mr. Zarrella moved approval of the June 28, 2005 minutes. Mr. Gray had some corrections for the minutes on page five, “because” should be crossed out as he was talking about parking spaces not boat slips. Also, Mr. Gray stated that on page six, he voted no, not yes. Motion for approval of minutes with corrections was carried on unanimous vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont announced that they had the 20th meeting on the Champlin’s matter earlier this day and the 21st hearing would be held the next day at the City Hall in East Providence. Vice Chair Lemont stated that the hearing process was coming to a close. Vice Chair Lemont also stated that a Public Hearing would be held on Block Island. Mr. Gray asked if Council members would be getting the testimony for the application so they could review it prior to full council hearing and if it could be soon as there would be a lot of testimony to review. Chair Tikoian stated that the Council members would be receiving documentation on CD.

Vice Chair Lemont also announced that the Rights-of-Way subcommittee had met several times to discuss the Y-10 right-of-way in the Town of Middletown and that the Subcommittee recommended denial of request. Vice Chair Lemont stated that Mr. Best’s attorney requested via letter that the matter be withdrawn and the subcommittee has no objection to the granting of the withdrawal of the application. Vice Chair Lemont made a motion that the matter be withdrawn subject to the receipt of letter from Town of Middletown. Mr. Gray asked if matter could be brought back before the Council at another time. Vice Chair Lemont stated that it could but chances are that it won’t. Motion was carried on a unanimous voice vote.

Mr. Fugate stated that he had a Policy and Planning Subcommittee Report regarding new regulation change under Section 100.4, freshwater wetlands program, which would require a water quality certification be a prerequisite before being brought before the Council for final decision. It was agreed to put regulation change out to Public Notice.

Vice Chair Lemont stated that the ROW Subcommittee met with regard to Warwick ROWs. Another meeting to be held in August and findings to be reported thereafter.

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

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

2001-05-017 JUDITH CASTELLUCCI/PETER DUPRE – Extension of assent to build single family dwelling on subdivided lot. Located at plat L, lots 1-34, 1-38; Captain Freebody Road, Narragansett, RI.

2001-07-078 JAMES PATRICK – Extension of assent to construct single family dwelling and ISDS. Located at plat 7, lot 11-2; Private ROW off West Main Road, Little Compton, RI.

1990-10-040 PAUL and CATHERINE NEVILLE – Extension of assent to construct dwelling in subdivision. Located at plat 31, lot 166; Water Street/Johnny Cake Lane, Portsmouth, RI.

1998-07-052 TOWER HILL GROUP, LP – Extension of Assent to construct houses in subdivision. Located at plat 50-2, lot 1; plat 50, lot 2; Tower Hill Road, South Kingstown, RI.

2001-05-019 FAIGE RICHMAN – Extension of Assent to replace deck and build screened porch. Located at plat 5, lot 31; 10 Cove Drive, Charlestown, RI.

Mr. Sullivan asked question regarding Extension Procedure. Mr. Fugate explained the process with which an application for Extension is handled by CRMC staff and Council.

Vice Chair Lemont stated that in light of the Executive Director’s representation, he motioned that all five extension requests be approved. Mr. Shekarchi seconded the motion. Motion carried on unanimous voice vote.

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

2000-05-053 JOHN and ALICE SANTOS – Modify 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.

Turner Scott, attorney for the applicant was present. Mr. Madoian, attorney for abutter Bryson Hall, was present. Chair Tikoian stated that the application had been before the Council at a previous meeting and was sent back to CRMC staff for resolution. Mr. Scott stated that his clients, the Santos’, have agreed to pay Bryson Hall’s expenses and Mr. Hall’s CRMC dock application fee. Also, Mr. Santos will provide a letter of no objection in regards to Mr. Hall’s dock. Mr. Madoian stated that the letter of no objection also had to be filed in the Land Evidence Records and will apply to future owners. Mr. Gray asked if everything in the water will stay in position as well as compromise on other issues. Mr. Longo stated that the agreement for financial reimbursement was between two parties and CRMC not involved in payment situation. Mr. Coia made a motion, seconded by Mr. Gray, to approved application. Application approved on unanimous voice vote with Mr. Shekarchi abstaining from vote.

2004-06-002 ALICE HOHLER and HOPE MAYNARD -- Construct and maintain riprap revetment (approx. 2500 linear feet total), beach nourishment and construct shoreline access stairs. Located at plat 369, lot 111; 597 Buttonwoods Avenue, Warwick, RI.

Wyatt Brochu, attorney for application was present as well as Ms. Hohler the applicant/owner. Mr. Fugate stated that the application was brought to the Council previously and returned to CRMC staff for resolution. Mr. Fugate also stated that a compromise plan was reviewed and agreed upon by all parties and that CRMC staff was not recommending approval on compromised plan. Mr. Shekarchi motioned, seconded by Mr. Coia, approval of application and commended applicant and staff for working together. Mr. Gray asked if motion included standard and recommended staff stipulations. Application was approved on unanimous voice vote.

2005-01-058 JOHN and NANCY BOURQUE – Construct and maintain addition to an existing single family dwelling and install new ISDS. The project to result in an 84% increase in square footage of the dwelling. Applicant is seeking a variance to the required 63-foot buffer zone. No buffer zone is proposed. Located at plat 369, lot 105; 135 Budlong Farm Road, Warwick, RI.

John Bourque, applicant/owner, present. Ms. Linda Steere, Wetland biologist also present for applicant. CRMC staff member Sean Feeley gave brief overview of application. Both Mr. Bourque and Ms. Steere were sworn in. Ms. Steere to testify as expert witness. Mr. Bourque stated that he did not agree with Mr. Feeley’s calculations in regards to the percentage of expansion of existing footprint. Mr. Bourque stated that the expansion of the dwelling was minimal as it is going up with only a small garage/mudroom addition. Mr. Bourque stated that if a buffer is imposed he would be the only house abutting the length of a seawall with a buffer and aesthetically it would not look good and would not be fair to ask him to have buffer on a lot that has been mowed for 60 years. Clarification was made in regards to Buffer regulations by Mr. Feeley and Chair Tikoian stating that decks were not considered in the buffer calculations but covered porches were. Mr. Bourque agreed with CRMC’s assessment that his expansion of the footprint is greater than 50 percent. Mr. Shekarchi asked Mr. Bourque if the reason for the large addition was because of hardship. Mr. Bourque replied that there was no hardship but the reason for the large expansion was a retirement/lifelong dream of a home on the water. Discussion between Mr. Bourque and Mr. Feeley and Mr. Shekarchi about upward expansion only and buffer regulations. Mr. Fugate stated that he could expand the existing structure up to 49.9% without incurring the buffer regulations. Mr. Sullivan talked with Council about alternate ways of creating buffer. Council asked Mr. Bourque if he wished to continue the application and return to CRMC staff with redesigned plans or if he wished to pursue the application that evening and request the 100% variance to the buffer regulations. Discussion between Linda Steere and Mr. Bourque. Mr. Longo put on the record that the photograph submitted would be marked A-1 and lot drawing is A-2. Mr. Bourque stated that he would prefer to pursue the current request for 100% variance using the current plans. Chair Tikoian expressed to Mr. Bourque that if the Council voted against his proposal, he would have to start again from scratch with different plans as the application would be denied. Mr. Bourque stated that he agreed with the Council in continuing the application for redesign and the possibility of not having to appear before the Council thereby getting an administrative assent. Application continued.

2005-04-092 CURTIS JACKSON – Establish a ½ Acre aquaculture farm and 3 sancillary spat collection site. Located in East Passage, Narragansett Bay, Portsmouth, RI.

Curtis Jackson, applicant, was present. Mr. Alves gave overview of application. Mr. Coia motioned for approval of application, based on statements from staff and review of the record. Mr. Gray seconded motion. No discussion. Application approved on unanimous voice vote.

8. Category “A” List

Mr. Ballou asked for clarification on applications on the list. Mr. Fugate gave an overview on list items. There were none held.

Chair Tikoian announced that there would only be one meeting in August, which will be the second meeting of the month.

There being no further business the council meeting adjourned at 6:46 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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