In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, September 13, 2005 at 6:00 PM at the Narragansett Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Jerry Sahagian
Dave Abedon
Jerry Zarrella
Mike Sullivan
Neill Gray

STAFF PRESENT

Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Senior Engineer
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:03 P.M.

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

Mr. Fugate requested that the minutes of the August 23rd meeting be amended to reflect that Director Sullivan requested that the Investco application be placed on the agenda. Mr. Fugate stated that the Investco application would be placed on the next available agenda for a status hearing. Mr. Goldman also noted that Director Sullivan asked Mr. Fugate and him to report formally to the Council on the status of that application given the intervening events. Director Sullivan also requested that the minutes reflect that Chair Tikoian had recused himself and Vice Chair Lemont took over. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the August 23, 2005 minutes as amended. The motion was carried on a unanimous voice vote.

2. STAFF REPORTS

There were no staff reports.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont reported that on Friday, Sept. 16th there will be public comment period on Block Island for the Champlins Marina application. Vice Chair Lemont stated that following the public comment there will be a period of briefing, probably 20 or 30 days. He said they were drawing in and getting near the end of the matter of Champlin Marina. Mr. Abedon asked how many CD’s there were of the transcripts. Vice Chair Lemont replied two. Mr. Abedon noted that council members had only received one. Chair Tikoian stated that he would have Mr. Mosunic at CRMC get copies of the second CD to council members.

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

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

2005-03-097 TOWN OF BARRINGTON – Construct and maintain a transient boat dock adjacent to the existing public boat ramp located at the former Barrington Police Station property. The proposed structure is to extend approximately 46 feet seaward of the cited Mean Low Water mark. Located at plat 25, lot 3; 95 County Road, Barrington, RI.

Raymond Souza, the Harbormaster for the Town of Barrington was present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that this was an application for a municipal public recreational structure to assist the launching at the existing boat launch ramp. Mr. Anderson said the structure consists of a 6’ x 21’ fixed timber pier, ramp and an 8’ x 40’ float. Mr. Anderson stated that there was no staff objection to the application. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the application with all staff stipulations. Director Sullivan noted that a water quality certification was required and that DEM had received an application and the public comment period on the water quality certification application expires on September 22nd. The motion was carried on a unanimous voice vote.

2002-10-045 QUONSET DEVELOPMENT CORPORATION – Designate a Public Access Plan for all of Quonset Davisville Port and Commerce Park in North Kingstown. Located at plat 179, lot 22; Off Circuit Drive, North Kingstown, RI.

Stephen King, CEO of the Quonset Development Corporation, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that this was a comprehensive public access for the entire Quonset Business Park, as opposed to a piecemeal buffer scenario so that it deals with the entire area in a more comprehensive fashion. Mr. Anderson said this has had extensive staff review and the staff biologist recommended approval of the application. Mr. Fugate also stated that this was a public access plan that had been triggered by a requirement that the Council had for any major waterfront industrial project that they provide public access. Mr. Fugate stated that there had been discussions with EDC and this plan had been in preparation for some this and was meant to satisfy the requirement for the entire industrial park so that individual parcels would not have to apply and go through and demonstrate that they have a public access component. Mr. Fugate said this was a master plan for public access for the entire park. Mr. Fugate commended EDC for their work on this comprehensive plan for public access. Mr. King thanked Director Fugate for working with them on this comprehensive plan and also pointed out that they had done extensive work with the Town of North Kingstown, the Harbor Management Commission, the Conservation Commission and the Town Council as well as CRMC staff. Chair Tikoian complimented both EDC and CRMC staff. Chair Tikoian noted that they had been working on this for quite some time to try to facilitate the public access so they could look at it as a whole rather than by circumstance or by application. Chair Tikoian felt this would facilitate economic development in this region. Director Sullivan also complimented EDC and CRMC staff and felt this was a good template for a number of other major projects that would be coming down the pike. Mr. Abedon asked if the document would be available to the public. Mr. King replied yes and that once it was approved it would be posted on their web site. Mr. Zarrella, seconded by Director Sullivan moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2005-01-029 MATTHEW & JEANMARIE LEONARD – A residential boating facility consisting of a 4’ x 10’ access ramp, a 4’ x 28’ fixed timber pier with a ramp that leads to a 150 s.f. terminal float. The facility is to extend 33 feet seaward of the cited mean low water mark. The project lies within 10 feet of the northern property line extension and therefore a variance to RICRMC standards is required. Located at plat 87-2, lot 124; 68 Potter Road, South Kingstown, RI.

Matthew Leonard, the applicant was present. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that this was an application for a short dock that consists of a 4’ x 28’ fixed timber pier with a standard 150 s.f. float. Mr. Anderson stated that the application requires a variance from the northern property line extension of 10’ and it was located within 15’ of the property line. Mr. Anderson noted that the public notice had to be reissued to assure that the northern property abutter had been notified. Mr. Anderson said the dock had been sited to the staff biologist’s preference due to the SAV location. Chair Tikoian said the only comment he thought interesting was on P3 of the report which stated that staff had unearthed the northern abutter’s legal name. Mr. Anderson stated that according the biologist the abutter is a 90-year old gentleman who lives on the west coast and it was a real odyssey trying to track him down. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the variance. 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. Christopher Behan, the applicant’s attorney was also present on behalf of the applicant. Mr. Goldman gave council members a brief summary of the application. Mr. Goldman noted that this application had been before the council a few months ago and that he indicated to the council that the application should not be before the council because there was pending enforcement action. Mr. Goldman stated that since that time he has spoken with Mr. Behan about this as well as a discussion with the judge. Mr. Goldman noted that the matter of the right-of-way issue was on appeal and that it was separate and apart from this application. Mr. Goldman said that a court order had been issued which stated that the council could move forward on this application as it was separate in part from the right-of-way issue. Mr. Goldman stated that the application was properly before the council. Mr. Behan stated that he had nothing to add to the application as Mr. Goldman accurately summarized where the application stands at this point. Vice Chair Lemont stated that in looking at the drawing it appears to him that the eventual outcome of that matter in Superior Court would have no impact on this dock at all. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and two variances. Mr. Gray noted that there were two variances in the applicant and that there had only been discussion on one variance and very little discussion about the setback from the community-mooring field. Mr. Gray asked for clarification on this. Mr. Anderson replied that it was notified and that the Town Harbor Department did not comment on it. Mr. Anderson said the dock goes into the mooring field and that they have typically been reacting to the Town’s comments and concerns relative to the proximity to the mooring fields but the Town did not made any comment or objections so it was considered acceptable. Mr. Gray stated that Section 300.4.E.3.L stated that an applicant had to meet a 50’ setback from the mooring field. Mr. Gray asked if they needed to do a variance or make an adjustment to the CRMC plan. Mr. Anderson replied you would have to grant a variance. Mr. Fugate added that the Jamestown Harbor Management Plan had expired. Chair Tikoian requested that Mr. Fugate give council members an update of all the Harbor Management Plans in the State of Rhode Island by Town, the dates they were issued, the dates they expired so that they can get a tally of those that have expired and see what their status was. The motion was carried on a unanimous voice vote.

6. PUBLIC HEARING ON CHANGES TO RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM BEFORE THE FULL COUNCIL:

RI CRMP
Section 300.9
Dredging and Dredged Materials Disposal

B.  Policies

C.  Prerequisites

F.   Standards

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Chair Tikoian opened the public hearing. Mr. Fugate explained the first proposed program changes to Section 300.9 regarding the dredge proposal. Mr. Fugate stated that these are cleanup provisions for the events that they experienced with a lot of dredging project to try to standardize the projects and clean it up a little bit more. Mr. Fugate said the first change said the council may require performance bonds for assurance for the utilization of in-water disposal for transient in the Federal channels. Mr. Fugate stated that the dredge coordinator had indicated that several of these operations are new in operation and had some concerns regarding their ability to dump. Mr. Fugate explained that there was nothing to prevent them from saying no to the people dumping and it would be a good idea on the State’s part to put a performance bond in place that if a short dump did occur that the state would have funds to clean up the mess and get it back to the CAD cell. Mr. Zarrella stated that he was not familiar with the process on this and this was the first time he had seen this. Mr. Zarrella asked if this comes before the subcommittee. Chair Tikoian explained the policy and said when policy changes are requested that the Policy & Procedures Subcommittee discusses it, listens to staff, has conversation and votes it out. Chair Tikoian noted that once it is voted on by the subcommittee it goes out for a 30-day public comment period, a minimum comment period of 30-days but it could be longer, and then before the full council for a public hearing and any additional comments. Chair Tikoian asked if the proposed changes goes to NOAA after the council approves it or before. Mr. Fugate replied it goes to NOAA during the public comment period. Chair Tikoian said if the proposed change is approved by the council it then goes to the Secretary of State for recording. Chair Tikoian called for public comment. There was no public comment. Chair Tikoian closed the public hearing. Vice Chair Lemont, seconded by Director Sullivan moved approved of the proposed changes to Section 300.9. B - Polices, 300.9.C – Prerequisites and 300.9.F – Standards. The motion was carried on a unanimous voice vote.

 

RICRMP
Section 100.4
Freshwater Wetlands in the Vicinity of the Coast
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Chair Tikoian opened the public hearing. Mr. Fugate explained the proposed changes to Section 100.4. Mr. Fugate stated that this change was to bolster the council’s regulation when it came to Freshwater Wetlands Rules & Regulations by making it similar to our coastal wetlands process which was already a prerequisite for restoring coastal wetlands. Mr. Fugate noted that you have to obtain a water quality certification (WCQ) as a prerequisite and that the WCQ is also a prerequisite for several other activities including filling in tidal waters or dredge disposal in tidal waters. Mr. Fugate stated that they had received comments from Russ Chateauneuf, DEM Chief of Groundwater & Wetland Protection Division. Mr. Fugate noted that Mr. Chateauneuf handles wetland issues and ISDS and water quality programs in his purview. Mr. Fugate explained that some of Mr. Chateauneuf concerns are with the efficiency in processing, concerns in terms of sequential versus sequenced and being concurrent with the process. Mr. Fugate offered a suggested to address his concerns which could be alleviated by inserting, after prerequisite “Prior to the full council consideration of” and striking “any application to alter pursuant to 9.5 of the rules”. Mr. Fugate explained that this means an application can come in and go for the concurrent process but that they could not come before the full council until they had received water quality certification. Mr. Sahagian asked what the minimum size of a noncontiguous wetland was? Mr. Fugate replied that this was altering or filling a wetland. Director Sullivan thought it was 15,000 s.f. and Mr. Zarrella thought it was a 10,000 s.f. cut off. Director Sullivan stated that the language he had in his notes is subtly different than what the Executive Director had read. Director Sullivan felt the goal of the council was to create a compatible process that moves forward in a smooth and efficient fashion. Director Sullivan stated that he had met with the Chair to talk about how they might work collaboratively and organizationally to move things along and have the same language. Director Sullivan felt that on the last page of Mr. Chateanuef’s comments would allow for dual tracking, the dual valuation for staff to work collaboratively and not one permit due before the other that both recommendations would have to be in. Chair Tikoian responded that after reading this what disturbed him was that this proposed change had been out to public notice for some time for a public hearing and receiving DEM’s comments on the night of the hearing, and this was not a criticism to Director Sullivan but this was a criticism over the years of staff at DEM sending in public comment on the night of the hearing, which did not give staff or the executive director an opportunity to review them. Chair Tikoian said he saw this as coming out at the 11th hour which was a disadvantage and after reading the first paragraph of Mr. Chateanuef’s comments “I’m of the opinion that such changes would make an unnecessary delay in permitting.” Chair Tikoian felt the delay was the fact that the DEM employee did not review this quickly enough or did not get the answer or comments back to staff or the executive director. Chair Tikoian stated that it was not the council’s intention to delay anything. Chair Tikoian also stated that if you look at CRMC’s permits historically we have always moved ahead, review our permits and approved them pending water quality certification. Chair Tikoian suggested that DEM staff should review this and get their side of the permits done with the CRMC staff side of the permits done before the application comes before the council to have some consistency. Chair Tikoian said that the General Assembly gave CRMC the freshwater wetland rules to facilitate the permitting process and to facilitate getting these permits out quickly and efficiently and that the council adopted DEM’s rules and only changed where it said “DEM” put in the word “CRMC”. Chair Tikoian suggested it would probably be best to have all other permits and all other review take place first so that an assent is not subject to and it would only be in certain instances of marina expansions subject to WQC. Chair Tikoian said that CRMC and DEM were trying to facilitate and work together. Mr. Zarrella said that Director Sullivan was new to DEM and he knew he was going to make every attempt to streamline that organization. Mr. Zarrella stated that CRMC and DEM are basically similar but that CRMC staff gets things done quickly but with DEM there is always a time problem. Mr. Zarrella felt that when someone applied for a water quality certification with DEM they should have an answer within 30, 60 or 90 days. Chair Tikoian stated that this was no a criticism of Director Sullivan and wanted to give the director a chance to respond. Director Sullivan thanked the Chair for making that abundantly clear and that he did not take this as a criticism so he accepts the criticism as valid that the letter came in at the last minute. He said this was due to his contemplative review of the matter trying to look at and trying to understand the process here. Director Sullivan said it took him considerable time to find out when the recommendation came from the Policy and Procedures Committee and that there were no minutes available to council members so he takes the criticism and accepts it in terms of timeliness. Director Sullivan asked the council not to criticize Russell entirely onthis because the delay in part was due to his contemplative review and trying to learn the process. Director Sullivan said time is a factor. Director Sullivan stated that DEM is over-tasked, under budgeted and an array of other labels that other directors and individuals before him have long recognized. Director Sullivan said he would hope to make the process collaborative and efficient and that the proposed language by both Russell and Mr. Fugate allows us to move in a parallel course of efficiency that will allow us to save time. Director Sullivan stated that this allows the process to be interactive between both staff and it would make it more efficient. Director Sullivan said DEM staff and director will be more timely in their response and that was the commitment he made to his boss. Chair Tikoian stated that another issue was expediency and this Council wanted to show leadership with regards to a policy and he felt this was important enough and the Council wanted to assure the public to have confidence in the environmental world that precedents were not set and with no other acts in the pipeline this would give us an opportunity to show that this exists as there was some concern in the quickness of our response.
Chair Tikoian called for public comment. There was no public comment. Chair Tikoian closed the public hearing. Vice Chair Lemont, seconded by Mr. Zarrella moved approval of the proposed changes to Section 100.4 Freshwater Wetlands in the Vicinity of the Coast. The motion was carried on a unanimous voice vote.

Management Procedures

Add New Section 5.1(11):

(11) Low and Moderate Income Housing

Chair Tikoian opened the public hearing. Mr. Fugate explained that there was an executive order that came out regarding low and moderate income housing that all agencies expedite, where possible, to process applications. Mr. Fugate said they were asked by DOA to make a regulation change to incorporate this within the CRMC procedures and this regulation change would accomplish this and would be consistent with the executive order. Chair Tikoian called for public comment. There was no public comment. Chair Tikoian closed the public hearing. Director Sullivan, seconded by Mr. Zarrella moved approval of the proposed changes to Management Procedures to add new Section 5.1(11). The motion was carried on a unanimous voice vote.

7. Enforcement Report – August, 2005

There were none held.

8. Category “A” List

There were none held.

10. Other Business

Chair Tikoian asked if Director Sullivan still wanted the Investco status report on the next agenda. Director Sullivan stated that he did not want just a status but that he asked for the opportunity to readdress the application.

There being no further business before the council the meeting, the council adjourned
at 6:39 p.m.

 

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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