In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, January 10, 2006 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
Jerry Zarrella
Neill Gray
Michael Sullivan
Tom Ricci

STAFF PRESENT

Grover Fugate, CRMC Executive Director
David Reis, CRMC Environmental Scientist
Dan Goulet, CRMC Dredging Coordinator
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:12 P.M.

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

Mr. Coia, seconded by Director Sullivan moved approval of the November 22, 2005 minutes.  The motion was carried on a unanimous voice vote.

2. SUBCOMMITTEE REPORTS

Vice Chair Lemont presented the subcommittee recommendation on the Champlin Realty application.  Mr. Goldman noted that they needed one more council member’ signature, Mr. Ricci on the subcommittee recommendation.  Mr. Goldman stated that he would release the subcommittee recommendation to the public tomorrow.  Chair Tikoian placed the subcommittee report on file.

3. STAFF REPORTS

There were no staff reports.

4. Marine Resources Development Plan

Chair Tikoian stated that the Marine Resources Development Plan had been worked on by several people.  Chair Tikoian said the plan was a result of legislation from last session.  Chair Tikoian stated that the URI Sea Grant Program helped tremendously, as well as, Ken Payne and the Senate Policy Staff.  Chair Tikoian noted that this was the final product and once it was approved by the council it would go back to the general assembly and then the State Public Guide Plan Commission.  Mr. Fugate explained that a public workshop had been held last Friday and that the comments received were reflected in the plan.  Mr. Fugate said they held two public workshops on the plan.  Mr. Fugate stated that the plan was required as of July 2005.  Mr. Fugate said they were granted an extension by the Senate as they had been working on the plan.  Mr. Fugate stated that once the plan was approved by the council it would go back to the Senate for their approval and then to the State Guide Plan Commission for adoption.  Director Sullivan, seconded by Mr. Sahagian moved approval of the Marine Resources Development Plan.  The motion was carried on a unanimous voice vote.            

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

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

1993-03-041 PICERNE PROPERTIES – Extension of existing permit for the Fort Green Residential Cluster, on plat K, lot 460 and Plat L, lot 223; Ocean Road, Narragansett, RI.

Sean Coffey, attorney for the applicant was present.  Mr. Fugate gave council members a brief summary on the application.  Mr. Fugate said this was an extension request for a subdivision.  Mr. Fugate stated that the applicant had received an administrative extension of the assent and this was the first council extension request.  Mr. Fugate explained that staff investigated the application and noticed that some of the lot lines in the assent and what was in the field were somewhat different and staff recommended that the applicant modify their application to reflect the current lot lines.  Mr. Gray asked how long of an extension the applicant was requesting.  Mr. Fugate replied a one-year extension.  Mr. Coffey said he was not aware of the discrepancy in the lot lies but that they would work with staff on that and file a modification if necessary.  Mr. Coffey said substantial work had been done on the project.  Mr. Zarrella, seconded by Mr. Sahagian moved approval of a one-year extension of the assent and that the applicant modify the plans for the original assent for the lots lines.  The motion was carried on a unanimous voice vote.    

2005-08-074 JOSEPH WEIN& AMANDA RUBIO -- Construct and maintain a residential boating facility consisting of a 4’ x 100’ fixed timber pier, a 3’ x 25’ ramp, and a 10’ x 16’ (144 SF) float.  Also a boat and float lift will be installed.  A variance to RICRMP 300.4.E.3.(k) is required (proposed length is 75’ beyond Mean Low Water, standard is 50’). Located at plat 16, lot 168, 169; 20 Browell Street, Warren, Rhode Island.

Joseph Wein, the applicant was present.  Herb Sirois, the applicants’ engineer 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 to construct and maintain a residential boating facility consisting of a 4’ x 100’ fixed timber pier, a 3’ x 25’ ramp and a 10’ x 16’ float.  Mr. Reis noted that a boatlift would also be installed.  Mr. Reis said staff had no objection to the application.  Mr. Reis said the application required a 25’ length variance and staff had no objection to the 25’ length variance.  Mr. Gray asked about the SAV on page 2 of the report and asked if this was a SAV sensitive area.  Mr. Reis replied no.  Mr. Gray asked if a SAV survey was required.  Mr. Reis replied no.  Mr. Gray stated that on page 10 of the plan it shows that the cross over stairs are substantially above the MHW mark and commended the applicant for doing this.  Mr. Gray was concerned with the stairs being above the MHW mark and being totally on private property and asked if the owner could stop public access because the stairs are on private property and should there be a stipulation.  Mr. Reis replied that staff requested that the applicant put the stairs higher above the MWH to help keep the structure out of the water. Mr. Reis explained that the stairs are for lateral access and they can add a stipulation that they be open for public access.  Mr. Sahagian, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the length variance and a stipulation that the stairs be open for public access.  Mr. Zarrella asked if they needed a stipulation that the stairs be for public access.  Mr. Zarrella felt this was not necessary.  Mr. Gray replied that normally a stipulation would not be needed but these stairs were above the MHW mark and most stairs are kept at the MHW mark and this was above the MHW mark.  The motion was carried on a unanimous voice vote.       

2005-09-014  CHARLES FABER -- Construct and maintain a residential boating facility consisting of a 4’ x 110’ fixed timber pier, and two (2) tie-off piles.  The proposal requests two variances:  a 25’ variance to RICRMP Section 300.4.E.3(k) (length), and a 105’ variance to Section 300.4.E.3(l) (mooring field offset).  Located at plat 142, lot 35; 45 Sauga Avenue, North Kingstown, RI.

Charles Faber, the applicant was present.  Mr. Reis gave council members a brief summary on the application.  Mr. Reis stated that the application was for a residential boating facility consisting of a 4’ x 110’ fixed timber pier, two (2) tie-off piles, ramp an float.  Mr. Reis said the dock extends 25’ beyond MHW and requires a 25’ length variance.  Mr. Reis noted that an eelgrass survey had been requested and had been done and there was no SAV.  Mr. Reis said staff recommended approval of the application.  Wendy Wallick, Save the Bay, said they had no objection to the application.  Ms. Wallick stated that the eelgrass bed was off this property.  Ms. Wallick requested that the applicant use a crane to put the pilings in at high tide from shore or in shallow water.  Mr. Reis replied that this issue had been addressed in a letter from the applicant’s engineer Herb Sirois.  Mr. Sahagian asked why the application was before the full council instead of the dock subcommittee as the applicant was only requesting a 25’ length variance.  Mr. Fugate replied because an objection had been received but had been addressed.  Mr. Gray, seconded by Mr. Zarrella moved approval of the application with all staff stipulations and the length variance.  The motion was carried on a unanimous voice vote.        

2003-12-017 CARNEGIE HARBOR VILLAGE, LP -- Construct and maintain a 41-slip Marina within a “manmade marina basin” to be excavated into the adjacent shoreline of the East Passage of Narragansett Bay.  The project involves activities regulated by both the Rhode Island Coastal Resources Management Program and CRMC’s Rules and Regulations Governing the Protection and Management of Freshwater Wetlands in the Vicinity of the Coast.  The proposed marina basin will result in the direct loss of coastal features including 320 linear feet of coastal beach and coastal bluff and impact freshwater wetlands including 40 linear feet of intermittent stream, 0.24 acres of riverbank, 0.18 acres of an “area of land within 50 feet (perimeter wetland) and 0.04 acres of shrub wetland.  An entrance channel will be dredged from the East Passage into the excavated marina basin which will involve removing approximately 71,750 cubic yards of excavation and 11,000 cubic yards of dredging.  Additional marina facilities include a marine services building, marine sewage pump-out station, etc.  Parking for marina patrons will be provided within a private parking lot while public parking will be provided along Willow Lane.  A portion of the Willow Lane roadway right-of-way will be excavated to support the Marina Basin.  Proposed public access includes a public boat ramp and associated support dock to be constructed within the marina basin, marina sewage pump-out facility, and public shoreline access pathways.  A stormwater detention basin approved for a previous phase of the project is proposed to be replaced with a stormwater infiltration system having an outlet structure which discharges to Narragansett Bay.  The project will result in the loss of 1.12 acres of coastal buffer zone thereby requiring a variance to CRMC buffer zone standards.  Project is located at plat 26, lot 2, 3, 4, 10, 11; 300 Willow Lane, Portsmouth, RI.

Kirsten Sherman, the applicant’s attorney, Scott Rabideau, the applicant’s biologist and Steve Corridan, O’Neill Properties were present on behalf of the applicant.  Mr. Reis gave council members a brief summary on the application.  Mr. Reis stated that the application had been before the council twice previously and the application had been deferred to staff to review the application and modifications.  Mr. Reis stated that staff recommended approval of the application.  Chair Tikoian asked if all permits were in order. Mr. Reis replied yes and that the water quality certification had been received today.  Chair Tikoian suggested that they proceed with public comment and then the applicant can address any issues raised.  Ms. Sherman agreed.  Eugenia Marks, The Audubon Society, stated that she was concerned that there was no agreement that the public can access shore.  Ms. Marks asked if there would be 24-hour public access or what would remain for public access.  Ms. Marks wanted assurance that public access to the shore would be maintained.  Ms. Sherman replied that there were hours for fishermen to use the public access area in the staff stipulations which was ½ hour after sunset and ½ hour before sunrise.  Ms. Sherman said they agreed to the staff stipulations.  Ms. Sherman said there was a significant amount of public access.  Mr. Goulet explained that there are public access paths there now, parking available along the roadway and a one-lane boat ramp.  Mr. Goulet stated that there is trailer parking which he felt is poorly laid out which is parallel parking rather than diagonal parking and that the applicant disagreed with him.  Mr. Reis explained stipulation #4 which addresses the public access issue.  Mr. Reis stated that the boat ramp would be open ½ hour before sunrise and ½ hour after sunset.  Mr. Reis said there is access to the public for fishermen open which is walking to the shore.  Mr. Reis stated that staff requested that the applicant post signs which stated the hours that public access is open.  Mr. Reis felt this could be negotiated further.  Ms. Sherman noted that stipulation #6 stated that the boat ramp had to be open 24 hours and that this was a town stipulation not a council stipulation.  Wendy Wallick, Save the Bay, stated that they submitted a letter dated 8/5/05 to the council stating that they had no objection to the application and that there comments and suggestions had been incorporated into the application.  Mr. Sahagian asked if they agreed to the 24-hour boat ramp public access.  Ms. Sherman replied yes it was a town requirement and they can negotiate other public access.  Mr. Zarrella asked if they agreed to put signs up for the public access and if the area would be lit where there is 24-hour public access.  Ms. Sherman said they agreed to the signage but lighten the area was undetermined at this time.  Mr. Gray asked about the public access ramp and the access that connects one side of the beach to the other.  Steve Corridan, O’Neill Properties, replied that they agreed to the 24-hour boat ramp access for fishing required by the town.  Mr. Corridan said there would be launching available ½ hour before sunrise and ½ hour after sunset.  Mr. Gray asked how this would be enforced.  Mr. Corridan replied that there would be a sign that stated this and he said the pathways would be open 24 hours a day.  Mr. Zarrella asked if a ferry boat can drop off for water taxi for people who miss the ferry.  Mr. Corridan replied that they would have to look into this as he was not sure what this was.  Mr. Corridan said no commercial vessels were allowed at the marina as part of the water quality certificate (WQC).  Chair Tikoian stated that the WQC stated that the dredging window was to February 15th and wanted to correct this on page 3 of the staff report – stipulation #1 so that they incorporate the language in the water quality certificate and the dates are the same.  Chair Tikoian also requested staff and legal council to have assent accommodate the dredge window.  Mr. Gray asked if the public pumpout was for all public or just the marina.  Mr. Corridan replied it was a public pumpout.  Mr. Gray asked if the bathroom were for public use.  Mr. Corridan replied just for marina guests.  Mr. Gray asked if Willow Lane was a public road.  Bob Driscoll, Town of Portsmouth, replied that the road was paved to the water edge now and that the town will still control this section of the road.  Mr. Gray asked about public restrooms and asked if the town would put in port-a-johns if need be.  Mr. Driscoll replied yes, if necessary.  Mr. Gray asked if there was ramp parking on Willow Lane.  Mr. Corridan replied that there are 8 trailer spots and 27 car spots adjacent to the ramp and they have more spots for 7 trailer spots and 12 car spots down the road.   Eric Offenberg, the applicant’s engineer, explained the public parking and stated that they have 8 trailer spots and 27 cars spots adjacent to the ramp and an additional 7 trailer spots and 12 car spots down the road.   Mr. Goulet noted that the additional public parking was not on any of the their plans.  Mr. Gray asked if the trailer spots were large enough for a trailer and car.  Mr. Offenberg replied yes, they were 40’ in length.  Mr. Gray asked who controls the parking.  Mr. Driscoll replied the town would have the final say on the parking.  Mr. Gray said he was concerned with parking for ramp because they have to park the vehicle and the trailer.  Director Sullivan asked about the parking down the street and asked it was on the applicant’s property and is there a deed or agreement for the public access.  Mr. Driscoll replied this would be included in the agreement for the parking with the town.  Mr. Offenberg stated that this was not public property and they would provide overflow for parking.  Mr. Corridan said they have provided more access and better access and that a no time will the public not be allowed to use.  Vice Chair Lemont, seconded by Mr. Sahagian moved approval of the application with all staff stipulations.  Mr. Gray asked if there was a restriction regarding further marina development along the shoreline.  Mr. Reis replied that this was part of the stipulations and put in the wetland conservation easement.  Mr. Reis stated that the applicant agreed to this.  Director Sullivan noted that in the letter of approval DEM has the dredge window from January 1 to February 15 and requested that if this was not done within the dredge window period that it revert back to the dredge window period of October 15 to January 30.  The motion carried.  Mr. Ricci abstained.         

1990-06-101 JANICE MATHEWS -- Modification of existing assent to demo and reconstruct a single family dwelling; will be serviced by existing ISDS.  Located at plat 7, lot 36; 5 Decatur Avenue, Jamestown, Rhode Island.

Chair Tikoian recused himself.

Vice Chair Lemont presided over the application.

Janice Mathews, the applicant was present.  Joseph DeAngelis, the applicant’s attorney was also present on behalf of the applicant.  Mr. Reis gave council members a brief summary on the application.  Mr. Reis stated that this was an application to modify an existing assent to reconstruct a single family dwelling, septic system and driveway.  Mr. Reis said staff reviewed the application and that the application had been before the council twice previously.  Mr. Reis felt the application was consistent with the management procedures and staff had no objection to the modification.  Vice Chair Lemont noted that there were no objectors present.  Mr. DeAngelis did not have anything to add to the application.  Mr. Sahagian, seconded by Mr. Gray moved approval of the application with all staff stipulations.  The motion was carried on a unanimous voice vote.   

7. PUBLIC HEARING ON CHANGES TO THE RHODE ISLAND COASTAL RESOURCES PROGRAM AND MANAGEMENT PROCEDURES (as continued from November 22, 2005):

8. Enforcement Report – November, 2005

There were none held.

9. Category “A” List

Mr. Zarrella had a question on the Category A List  regarding the Old Harbor Dock – New Shoreham application and asked what this was about.  Chair Tikoian replied that this was list of pending Category A applications to keep the council updated.  Mr. Goulet explained that the applicant was trying to jump on the Ballards dredging project application.  There were no Category A’s held.

 

There being no further business before the council the meeting, the council adjourned at 7:15 p.m.

Respectfully submitted,

Grover Fugate

Executive Director CRMC

Reported by Lori A. Field

 

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