In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, October 25, 2005 at 6:00 PM at the Narragansett Bay Commission Boardroom – One Service Road, Providence, RI.

MEMBERS

Mike Tikoian, Chair
Paul Lemont, Vice Chair
Ray Coia
Jerry Sahagian
Joe Shekarchi
Jerry Zarrella
Michael Sullivan
Neill Gray
Dave Abedon

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 6:07 P.M.

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

Mr. Coia, seconded by Mr. Sullivan moved approval of the September 27, 2005 minutes.  The motion was carried on a unanimous voice vote.

2. SUBCOMMITTEE REPORTS

Vice Chair Lemont reported on the Champlin’s Marina/Block Island subcommittee and stated that they met and deliberated yesterday and that they would report back to the council at the next meeting.  Mr. Goldman stated that there are 22 transcripts and a workshop transcript for council members to review.  Mr. Goldman also stated that the large exhibits cannot be reproduced and that council members would have to go to Wakefield to review the exhibits.  Chair Tikoian said council members could contact Jeff Willis to arrange to view the exhibits.  Mr. Abedon clarified a comment that was in the Providence Journal regarding a statement he made at the workshop.  Mr. Abedon stated that he is still reviewing the transcripts on the Champlin’s Marina application and has not made a decision on the application.

3. STAFF REPORTS

There were no staff reports.

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

5. APPLICATION REQUESTING A MODIFICATION OF EXISTING CRMC ASSENT BEFORE THE COUNCIL FOR DECISION:

1976-10-005  JULIET & GEORGE ANDERSON – Alter the design of a previously approved residential boating facility.  The proposed structure is to consist of a 4’ wide by 80’ long fixed timber pier with a ramp that leads to 136 s.f. of terminal float.  The applicant also proposes to retain 5 tie-off piles shown on the plans.  The terminal floats are to be set 58 ft seaward of the cited MLW mark.  The tie-off piles extend 80 ft seaward of Mean Low Water.  Located at Plat Y-1, Lot 391; 210 Wood Hill Road, Narragansett, RI.

George Anderson, the applicant was present.  Ken Anderson gave council members a brief summary on the application.  Ken stated that the application was to reconstruct a pre-existing dock to bring it more in conformance with the CRMC plan.  Ken explained that the application required an 8’ length variance for the terminal end of the dock and a 30’ variance to retain the existing tie-off pilings.  Ken said staff had no objections to the application and recommended approval of the application.  Chair Tikoian asked staff to address the tie-off piles and asked where the 30’ variance was on the tie-off pilings.  Ken referred to page “P11” which showed the five pilings the applicant requested remain instead of the existing nine pilings. Ken noted that there was no objection from the abutters on the pilings to the south.  Ken said the pilings were to restrict movement of the boats on the dock and the maximum piling on the right hand corner on page “P11” was 80’ out from MLW.  Chair Tikoian stated that if the piling were not there the 80’ variance would not be required.  Ken replied correct.  Ken stated that the pilings were not part of the 1976 application.  Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.      

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

2005-01-087  DARTMOUTH HOMES, INC.  – Further subdivide “Lot 5” to create a sixth residential lot (currently exists as a five-lot subdivision).  The subdivision has triggered the requirement of a CRMC Assent.  Located at Plat 20, Lot 91; 30 Clarkin Pond Road, Charlestown, RI.  

Evelyn Smith, the applicant was present.  Margaret Hogan, the applicant’s attorney was also present on behalf of the applicant.  Doug Harris, from the Narragansett Tribunal Historic Preservation Commission and Timothy Daveelin, objectors were also present.  Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson stated that the application was within the Salt Pond Marsh region.  Mr. Anderson stated that this was a 5-lot subdivision and did not come under CRMC jurisdiction but that the applicant wanted to make it a 6-lot subdivision and this required CRMC review.  Mr. Anderson said the storm water systems was in compliance with the CRMC plan.  Mr. Anderson stated that staff recommended approval of the application.  Mr. Anderson noted that there was no coastal feature featured on site.  Chair Tikoian referred to page 62 a letter of objection from the Indian tribe.  Chair Tikoian asked if staff met with the Indian tribe.  Mr. Anderson replied no, the letter was just submitted.  Ms. Hogan made a brief statement on the application.  Ms. Hogan stated that this was an existing 5-lot subdivision owned by her client and that they wanted to divide one lot of the subdivision.  Ms. Hogan noted that the original subdivision was not subject to CRMC review but the re-subdivision triggered CRMC review of the application.  Ms. Smith gave council members a brief history on the application.  Mr. Sullivan asked if Mr. Harris’ letter of objection was regarding the foundation hole on the lot already dug on lot 6 is correct.  Ms. Smith replied that there was an excavated area on lot 6 which was for the previously approved septic system but it had been abandoned.  Ms. Smith stated that a new ISDS would be placed on lot 6.  Ms. Smith stated that there is an area that is excavated but there was no foundation for a house.  Mr. Zarrella asked if they got a bottom inspection done on the hole. Ms. Smith replied that they waived inspection.  Mr. Zarrella asked if the hole would be used for the new ISDS.  Ms. Smith replied she was not sure.  Mr. Zarrella wanted to see if there had been any work done on the site.  Ms. Smith replied that they had done work 3-4 years ago prior to this application but not since. 

Objector.

Doug Harris, Narragansett Tribunal Historic Preservation Commission, an objector, stated that they were concerned with the ancient ceremonial area on the site.  Mr. Harris stated that Clark Pond had a coastal feature known as Satums Pond with a royal burial ground and a ceremonial valley but there was no public awareness of this.  Mr. Harris stated that there were two sweat lodges on the site and they had concerns with the permanent protection of the ceremonial area.  Chair Tikoian asked if they were aware of the conservation easement which was proposed for review by the council.  Mr. Harris replied that he saw the conservation easement today but that he was not aware of what the content of the conservation easement was and what access the tribe would have to the area.  Chair Tikoian asked if the conservation easement was worked out would this address their objection.  Ms. Hogan replied yes but there was still the issue of access and that access would be a burden to the applicant as they would have to cross private land to get to the ceremonial area.  Chair Tikoian stated that since the tribe just received a copy of the conservation easement today if the applicant could work this out with the tribe and then come back to the council.  Ms. Hogan agreed to cultural protection but was not in agreement on the public access over private land.  Mr. Harris stated that they have public access through the Natural Conservation Commission and they would not have to go on private land to get to the ceremonial area.  Mr. Harris felt that they could work this issue out.  Timothy Daveelin, an abutter and objector, was opposed to the application as this had been presented as a 5-lot subdivision on 14,000 acres and now the applicant wanted a 6-lot subdivision.  Mr. Daveelin felt the applicant was disturbing large areas of land and they removed the highest spot.  Mr. Daveelin wanted the disturbed area to be made part of lot 6.  Ms. Smith responded that any alterations that had been done had been done with full permission from the town and under permits from the town.  Mr. Shekarchi noted that in the letter of objection noted that Dartmouth Homes had done an archeological study and asked if they found anything.  Ms. Smith replied yes, they had done the archeological survey but did not find anything. Mr. Shekarchi asked who did the study and asked if it had been a requirement. Ms. Smith replied that the archeological study had been a requirement for the CRMC process.  Mr. Harris felt that the application had been flying under the radar when they originally requested a 5-lot subdivision instead of the 6-lot subdivision which would have required an archeological study.  Ms. Hogan replied that the 5-lot subdivision was fully permitted by the Town of Charlestown.  Chair Tikoian requested that the applicant work out the conservation easement with the objectors and ruled to continue the application to allow all parties to review the conservation easement and that the application come back before the council.  Mr. Sahagian asked what would  happen if the parties could not work this out.  Chair Tikoian replied that they would have to come back before the council.  The matter was continued to allow the parties to work out the easement.                                           

2005-07-030 QDC/RI MOORING SERVICES – Construct a 350 foot long bulkhead, restack 135 feet of rip-rap revetment, dredge approximately 1,600 CY, excavate 100 CY, fill approximately 585 CY landward behind a bulkhead.  Dredge disposal is planned on site.  Project also includes approval for a 5,760 square feet boat storage building, revision of the Marina Perimeter line and upland landscaping.  Located at Plat 192, Lot 4; 15 Patrol Road, North Kingstown, RI.           

Steven King, QDC and Richard DiSalvo, RI Mooring Services, the applicants were present.  Rick St. James, the applicants’ engineer was also present on behalf of the applicant. Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson stated that the application was to increase the marina perimeter by 15 slips, dredge approximately 1,600 c.y. and construct a marina support building.  Mr. Anderson stated that no variances were needed.  Mr. Anderson said public access has been alleviated by approval of the Quonset Access Plan previously approved by the council.  Mr. Anderson said staff recommended approval of the application.  Vice Chair Lemont asked if the applicants were aware of the staff stipulations.  Mr. King replied yes.  Vice Chair Lemont asked if they were aware of the stipulation for the 5000 s.f. marsh being replaced with a 10,000-s.f. replacement area.  Mr. DiSalvo noted that it was a 500-s.f. marsh being replaced with a 1,000-s.f. replacement area.  Chair Tikoian noted that this was a typo in the staff report. Vice Chair Lemont asked if they were aware of the stipulations for a marina pumpout.  Mr. DiSalvo replied yes.  Vice Chair Lemont, seconded by Mr. Sahagian, moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.  Chair Tikoian requested that the executive director make sure that all applicants are aware of the staff stipulations before the application comes before the council.    

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.

Richard Gordon, the applicant was present.  Turner Scott, the applicant’s attorney was also present on behalf of the applicant.  Mr. Fugate gave council members a brief summary on the application.  Mr. Fugate stated that the application had been before the council previously and there was a question on the variance and easement.  Mr. Fugate said that staff worked with Mr. Scott on the buffer areas and they worked out the conservation easement and added the language stated that there would be no further development of the area.  Mr. Fugate stated that staff recommended approval of the application.  Mr. Zarrella had a question on page 3 and asked if the gray area and everything outside of the 25’ area was protected as a buffer area.  Mr. Fugate replied yes and noted that some of the darker gray areas would also be restored.  Mr. Fugate stated that the house would be built on the tennis court area.  Mr. Goldman stated that he reviewed the language for the conservation easement with Mr. Scott and he was confident with the language.  Mr. Shekarchi stated that Save the Bay had been an original objector and asked if things had been worked out with the.  Mr. Scott responded that they have not heard from Save the Bay and had worked things out with Mr. Goldman.  Mr. Fugate noted that the council was gaining land and there would be no further development of the area.  Vice Chair Lemont, seconded by Mr. Abedon moved approval of the application with all staff stipulations.  Mr. Sullivan clarified that the council would be gaining land and there would be no further development of the area.  Mr. Fugate replied yes.  The motion was carried on a unanimous voice vote.       

2005-02-048  RI DEPT. OF ENVIRONMENTAL MANAGEMENT – Perform Wickford Marine Base (RIDEM, Enforcement Division) facility renovations which include:  constructing a new bulkhead seaward of the existing bulkhead.  Construct a new Enforcement building and raze and remove existing office.  Also construct a new garage.  Buildings will be serviced by a RIDEM approved denitrifying ISDS system.  Located at Plat 117, Lot 117; 150 Fowler Street, North Kingstown, RI.

Director Sullivan recused himself.

Bob Sutton, RI DEM Planning and Development Department and Lisa Lawless, RI DEM Project Engineer were present on behalf of the applicant.   Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson stated that the application was to renovate and rebuild the Wickford Marine Base and construct a new bulkhead.  Mr. Anderson said staff recommended approval of the application.  Chair Tikoian suggested that they hear from the objector first and then have the applicant respond.  Irene Iselin, an objector, submitted photographs of the DEM building and area that she had taken today as exhibits.  Mr. Sutton noted that the photographs were not of the driveway and was not sure what they represented.   Ms. Iselin objected to the DEM plan for the seawall and the driveway because she was concerned with the affects it would have on birds and feeding in the area if the seawall was expanded.  Ms. Iselin was concerned with public access and the DEM building.  Mr. Sutton explained that they were not extending the seawall beyond where it is and the marina size was not being expanded in a large way.  Ms. Lawless noted that the plan had been carefully reviewed and the bulkhead had been pulled back and there would be no interference or impact on the coastal feature.  Ms. Lawless said there would be no disturbance to the coastal feature.  Mr. Sutton explained that none of the coastal feature in the picture would be disturbed and part of the project bulkhead would not change from what is there now.  Mr. Sutton said they are only putting a fiberglass sheathing  over the existing wood sheathing and there would be no change in the size of the bulkhead.  Ms. Iselin stated that she has used the driveway for over 33 years and that she was not aware that changes had been made to the original plan submitted.  Mr. Sutton stated that the objector had an attorney.  Mr. Sutton stated that they had worked with CRMC and others on the plan to address concerns raised.  Mr. Sutton said they sent a letter three weeks ago to the objector’s attorney regarding the changes to the application.  Chair Tikoian asked if the objector discharged her attorney.  Ms. Iselin replied no she has not discharged her attorney that he was on vacation and unable to attend the hearing.  Ms. Iselin said if there was no change to the bulkhead and it would have no effect on the birds she has no objections to the application.  Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.               

2005-08-076  FOX ISLAND, LLC – Construct and maintain a desalinization system to convert bay water to potable water.  The system will draw intake water from a well constructed on the upland, and includes the discharge of “brine” back to Narragansett Bay.   Per the RIDEM RIPDES permit application (No. RI0023736), the proposed discharge flow will be 6,240 gallons per day, at salt concentration of 35797 ppm, versus intake concentration of 31000 ppm (15% increase).  Dilution within a mixing zone will reduce salt concentration.  Located at Plat 31, Lot 48; Fox Island, North Kingstown, RI.

Sean Coffey, attorney for the applicant was present on behalf of the applicant. Laura Ernst, the applicant’s engineer was also present on behalf of the applicant.  Mr. Anderson gave council members a brief summary on the application.  Mr. Anderson stated that the application was to construct and maintain a desalinization plant on Fox Island and provide portable water to the Island.  Mr. Anderson noted that DEM permits had been received.  Mr. Anderson stated that the application required a setback variance.  Mr. Anderson said staff had no objection to the application and recommended approval of the application.  Mr. Sahagian, seconded by Mr. Coia moved approval of the application with all staff stipulations and the variance.  Mr. Gray asked what Fox Island was.  Mr. Coffee replied that it was private residential property.  The motion was carried on a unanimous voice vote.

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

The following changes are proposed:

RICRMP/Water Type Maps

East Greenwich Quadrangle

Revise line “g” as follows:

A straight line running due east from the south side of the sewage treatment plan Town Dock property across Greenwich Cove to where it intersects with land at Goddard State Park.

Chair Tikoian opened the public hearing.  Mr. Fugate explained the proposed program change.  Mr. Fugate stated that the East Greenwich Town Council recommended approval of the change.  Mr. Fugate stated that this change would change the line in Greenwich Cove for water designation and would keep docks in place and use them as fishing piers.  Chair Tikoian called for public comment.  There was no public comment.  Chair Tikoian closed the public hearing.  Mr. Sahagian, seconded by Mr. Sullivan moved approval of the program change to the RICRMP/Water Type Maps East Greenwich Quadrangle to revise line “g”.  The motion was carried on a unanimous voice vote. 

8. Enforcement Report – September, 2005

There were none held.

9. Category “A” List

There were none held.

 

There being no further business before the council the meeting, the council adjourned at 7:10 p.m.

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

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