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RI Coastal Resources Management Council

...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders

Semi-monthly Meeting – Full Council
Tuesday, January 24, 2006; 6:00 p.m.
Narragansett Bay Commission Boardroom
One Service Road, Providence, RI

AGENDA

Reading of the minutes of the previous meeting.
Subcommittee Reports.
Staff Reports.

 

Applications requesting Modifications and Extensions of existing Assent:

1995-07-232 ARCHES PROPERTY OWNERS – Modification of existing Assent by removal of existing 3’ x 10’ fixed pier, 3’ x 10’ ramp and three 4’ x 10’ floats as assented (A1995-07-232).  Construct a fixed timber pier 4’ x 65’.  The new facility will extend 15’ beyond the existing facility (65’ beyond mean low water).  A variance to RICRMP 300.4.E.3(j) is required (the facility is 6’ from the west property line extension and 4’ from the east property line extension, standard distance is 25’).  A variance to RICRMP 300.4.E.3(k) is required (proposed length is 65’ beyond mean low water, standard is 50’ beyond mean low water).  Located at plat 10, lot 4; 3 Arches Road, Charlestown, RI.

1997-01-003 SPRING WHARF MARINE HOLDINGS – Modification of existing marina configuration per plan.  (A setback variance of 39’ is required to extend floats to “Federal Navigatio Project” limit).  Also, eliminate requirement to install pump out (per original assent) (and utilize “Newport Pump Out” mobile service).  No increase in approved boat capacity is proposed.   Located at plat 32, lot 285; “Casey’s Marina”, Spring Wharf, Newport, RI.

1998-06-026 STEPHEN TURRISI & POLLY BARRY – Extension of Assent for two bedroom single family dwelling serviced by Town Water and DEM approved composting toilet system and grey water only ISDS.  Located at plat 155, lot 61 and part of 59; Atlantic Avenue, Westerly, RI.

1998-07-052 CASTLE FARMS INVESTMENT/TOWER HILL GROUP – Extension (#5) of Assent for 34 Single House lots with open Space.  Located at plat 50, lot 2 and plat 50-1, lot 1; Tower Hill Road, South Kingstown, RI.

 

Applications which have been Out to Notice for 30 days and are before the Full Council for Decision:

2005-02-088 ELWOOD JOHNSON – Construct and maintain a residential timber pier, ramp and 150 square foot float facility.  The overall facility length is 200 feet +/-.  The facility spans approximately 150 feet of coastal wetland (salt marsh).  The terminus of the facility extends to 50 feet seaward of mean low water.  Located at plat 117, lot 15; 61 Esmond Avenue, North Kingstown, RI.

2005-06-003 MICHAEL & MAUREEN ANTONELLIS – Raze and remove existing dwelling; Construct new dwelling, ISDS, permeable driveway (relocate drainage); serviced by town water; with a planted buffer.  Located at plat 40, lot 30-A; 312 Prospect Lane, Portsmouth, RI.

2005-07-090 RICHARD CORCORAN – Construct and maintain a new residential pier in the Kickemuit River (Type 2 Waters) that is 4’ wide, 107’ long overall and extends 85’ from mean low water.  The pier will have a ramp and 8’x18’ pile supported floating dock at the end.  A variance is required from the 25’ minimum offset from the property line and 35’ length beyond mean low water.  Located at plat 17, lot 39; 51 Shore Drive, Warren, RI.

 

Public Hearing on Changes to the Rhode Island Coastal Resources Management Program and Management Procedures:

RICRMP/Management Procedures

Section 4.3.2 Schedule of Fees

Revise 4.3.2(r) as follows:

(r) (1) The Executive Director, in his discretion and with the concurrence of the Chairman, may reduce an application fee for commercial, industrial and mixed use projects within the urban core or growth center coastal communities of Providence, East Providence, Pawtucket, and Newport* or for projects that meet the requirements of GLRI 42-64-7 et seq. (Mill Building and Economic Revitalization Act), where such application is eligible for an administrative assent and meet all applicable programmatic goals, policies, and standards.  The reduced fee shall be no less than the estimated processing time of Council staff of a rate per hour set by the planning and procedures subcommittee.  The minimum application fee shall be $5,000.

(2) Projects that are considered brownfield sites under DEM rules and regulations shall be assessed an application fee of $5,000.

*These communities are defined as either Urban Core as within the RIPEC report Strengthening Cities: A Report of the Urban Strategy Project (January 1998) or as identified as a Growth Center by the state’s Growth Planning Council.

RICRMP

Section 110.1 Category A Applications

Revise 110.1.A(2) as follows:

(2) All buffer zone and setback requirements as contained in Sections 140 and 150 and/or as contained in applicable special area management plans are met.

RICRMP

Section 300.11 Aquaculture

Revise Section 300.11.C.1 as follows:

1. Prior to issuing a permit for marine aquaculture, the Council shall obtain and give appropriate consideration to written recommendations from the Director or his designee of the Department of Environmental Management and the chairman of the Marine Fisheries Council, as required by Chapter 20,10 of the state's General Laws. The director or his designee of the Department of Environmental Management shall review the application to determine that the proposed aquaculture activity will not adversely affect (a) marine life adjacent to the proposed area and the waters of the state, and (b) the continued vitality of indigenous fisheries. The chairmanof the Marine Fisheries Council shall review the application to determine that it is consistent with competing uses involved with the exploitation of marine fisheries.

Revise Section 300.11.C.2 as follows:

2. An Special Permit for Aquaculture License for the possession, importation, and transportation of marine shellfish species used in any aquaculture operation shall be obtained from the director or his designee of the Department of Environmental Management.  The DEM Special Permit for Aquaculture License may be processed concurrently, but must be obtained prior to the issuance of a CRMC Assent.

Add new Section 300.11.C.10 as follows:

10. All freshwater aquaculture permits will be reviewed and approved by the CRMC Biosecurity Board prior to issuance of an assent.  This review can occur concurrently with the aquaculture application process.

Revise Section 300.11.F.2.c as follows:

Where When required, all species utilized for culture within land-based aquaculture operations must be approved by the DEM director or his designee Division of Fish and Wildlife. The aforementioned approval must be obtained prior to the Council issuing its assent, however, it may be concurrently processed with the Council's review.

RICRMP

Section 300.5 Mooring and Anchoring of Houseboats and Floating Businesses

Add new Section 300.5.B.3 as follows:

3. A Council Assent for a floating business shall include a lease with the Council that shall be determined using fair market value lease rates for the adjacent upland value so that a proper evaluation of uses can be made.

RICRMP

Salt Pond SAMP and Narrow River SAMP

The following SAMP sections were previously advertised by the Council for revision.  The Council’s planning and procedures subcommittee has recommended that the following proposed revisions replace those previously advertised.

Salt Pond SAMP

Revise Section 920.1.A.2(j) as follows:

j. Applications for affordable housing filed prior to December 14, 2004 with a local zoning board of review pursuant to RIGL 45-53 et. seq. and determined to have been substantially complete by either the respective zoning board of review, the state housing appeals board or a court of competent jurisdiction shall be considered under the Coastal Resources Management Program in effect prior to December 14, 2004.

Salt Pond SAMP

Revise Section 920.1.B.2(k) as follows:

k. Applications for affordable housing filed prior to December 14, 2004 with a local zoning board of review pursuant to RIGL 45-53 et. seq. and determined to have been substantially complete by either the respective zoning board of review, the state housing appeals board or a court of competent jurisdiction shall be considered under the Coastal Resources Management Program in effect prior to December 14, 2004.

Narrow River SAMP

Revise Section 920.1.B.2(j) as follows:

j. Applications for affordable housing filed prior to December 14, 2004 with a local zoning board of review pursuant to RIGL 45-53 et. seq. and determined to have been substantially complete by either the respective zoning board of review, the state housing appeals board or a court of competent jurisdiction shall be considered under the Coastal Resources Management Program in effect prior to December 14, 2004.

Narrow River SAMP

Revise Section 920.1.B.2(k) as follows:

k. Applications for affordable housing filed prior to December 14, 2004 with a local zoning board of review pursuant to RIGL 45-53 et. seq. and determined to have been substantially complete by either the respective zoning board of review, the state housing appeals board or a court of competent jurisdiction shall be considered under the Coastal Resources Management Program in effect prior to December 14, 2004.

 

Enforcement Report – December, 2005

Category “A” List

CALENDAR INDEX

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