Skip to ContentSitemap

YouTubeFacebookTwittereNewsletter SignUp

CRMC Logo

RI Coastal Resources Management Council

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

In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, January 15, 2008 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
Bruce Dawson
Dave Abedon
Neill Gray
Don Gomez
Ron Gagnon (DEM), representing Director Sullivan
Jerry Zarrella

MEMBERS ABSENT
Tom Ricci
Joe Shekarchi

STAFF PRESENT
Grover Fugate, CRMC Deputy Director
Jeff Willis, CRMC Deputy Director
Ken Anderson, CRMC Senior Engineer
Dave Reis, CRMC Environmental Scientist
Ken Cute, CRMC Policy Staff
Brian Goldman, Legal Counsel

1. Chair Tikoian called the meeting to order at 6:07 p.m.

Chair Tikoian noted that this was a carryover agenda from January 8th due to council members scheduling conflicts.

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

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Mr. Coia, seconded by Mr. Dawson moved approval of the October 23, 2007 minutes as amended. The motion was carried on a unanimous voice vote.

Mr. Coia, seconded by Mr. Dawson moved approval of the December 11, 2007 minutes as submitted. The motion was carried on a unanimous voice vote.

3. SUBCOMMITTEE REPORTS

There were no subcommittee reports.

4. STAFF REPORTS

Mr. Fugate informed council members that CRMC was sponsoring an Invasive Species Certification conference on January 23 and 24 at the Coastal Institute at URI. Vice Chair Lemont asked if there was a fee for this. Mr. Dawson replied $150.

5. Rhode Island Aquatic Invasive Species Management Plan for Council Adoption:

The RI Aquatic Invasive Species Management Plan is the first comprehensive effort to assess the impacts and threats of aquatic invasive species in Rhode Island. The plan recently received federal approval and eligibility for funding. It outlines a series of management strategies intended to prevent the introduction and curb the spread of aquatic invasive species. The plan, developed and implemented on the state level by the CRMC, prioritizes state agency leadership for action, continuation of current research on the risks of various transport vectors, coordination with industry to minimize invasions, development of a regional web page and database on AIS distribution and education initiatives. The RIAIS Plan was created by the CRMC under the federal Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 as amended by the National Invasive Species Act of 1996 (NISA) through a partnership of URI, RI Natural History Survey, RIDEM, Save the Bay, the US Coast Guard, NOAA, USDA, and USFWS, among others.

Kevin Cute stated that he had given a presentation on the RI Aquatic Invasive Species Management Plan to the council a few weeks ago. Mr. Cute said they have drafted letters to the federal regulators and the Governor’s office would be issuing a letter of support for the plan. Mr. Cute said the task force considered the plan approved. Chair Tikoian asked Mr. Cute to explain what the plans does. Mr. Cute explained that it was a management approach to management of invasive species and that the project was part of CRMC’s work. Chair Tikoian asked if this was a regulatory plan or a voluntary. Mr. Cute replied it was voluntary. Chair Tikoian called for public comment. There was none. Mr. Gray, seconded by Mr. Coia moved approval of the RI Aquatic Invasive Species Management Plan. The motion was carried on a unanimous voice vote.

6. PRESENTATION: MRDP Implementation -- Jeff Willis, CRMC

Mr. Willis gave a presentation on the Marine Resources Development Plan (MRDP) Implementation. Mr. Willis gave a background on the MRDP Implementation and where CRMC is going. Mr. Willis explained that the legislative purpose of the MRDP was to provide an integrated strategy to improve the health and functionality of RI’s marine ecosystem, provide for appropriate marine-related economic development and promote the use and enjoyment of RI’s marine resources by the people of the state. Mr. Willis said the MRDP is vision-setting and policy-oriented. Mr. Willis aid the MRDP is an integration of economic development with environmental management and creates the platform for the next stage of CRMC. Mr. Willis stated that CRMC has done a Coastal Education Series since 2006 which have been the CRMC policy presentations given to council members. Mr. Willis explained RICRMP Section 110 Actions changes and said applications have been handled administratively rather than before the full council. Mr. Willis noted that 46 applications have been handled administratively a vast majority of them were residential docks. Mr. Willis said they have been working on revitalizing upper Narragansett Bay and developed the Metro Bay SAMP which includes Cranston, Providence, Pawtucket and East Providence. Mr. Willis stated they also created the Urban Coastal Greenways which is a new approach for buffers in the urban coastal environment and this was also a major part of the plan. Mr. Willis stated that the MRDP vision is how the council looks at system level done through SAMP. Mr. Willis stated that the Ocean SAMP is the shared coastal marine waters of RI, MA, CT and NY. Mr. Willis said the MRDP serves as a guide to action and to practice. Mr. Willis said the next steps are the SAMPs, Marine Infrastructure, Policy Capacity Building, Coastal Habitat Restoration, Aquaculture and Coordination. Chair Tikoian thanked Mr. Willis for his presentation. Chair Tikoian noted that the general assembly passed this act and asked CRMC to go on this path with the MRDP. Chair Tikoian stated that council member comments on the MRDP are always welcomed. Chair Tikoian said they are prepared to go before the House and Senate committee’s on the progress of the plan. Chair Tikoian stated that the federal agencies and the Governor are happy to see CRMC accomplishments over the last three years.

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

8. APPLICATIONS REQUIRING PUBLIC HEARING FOR A SPECIAL EXCEPTION:

2006-04-002 RI DEPT of TRANSPORTATION -- Replace existing Sakonnet River Bridge (RI Bridge No. 250) that carries RI Route 24 over the Sakonnet River between Portsmouth and Tiverton, with a new bridge span and approaches south of the existing bridge location. The project will require a CRMC setback variance for work within 50’ of coastal features, a variance for filling on a coastal feature, a variance for exceeding 3:1 fill slopes, and a variance for not treating the runoff from project impervious surfaces for 80 total suspended solids (TSS) removal. The project will further require a special exception for filling in tidal waters (for six bridge piers and public access fishing pier/boat ramp – total fill volume 11,279 cu. yd.) and for filling coastal wetland (two wetlands will be filled permanently and one on a temporary basis – total permanent fill area 5,500 s.f.). Wetland mitigation is required pursuant to RI CRMP Section 300.12 to compensate for wetland impacts. The wetland to be temporarily filled is proposed to be recreated in place. The project further includes dredging for bridge pier installation and causeway/boat ramp preparation (3,165 cu. yd. total). Stormwater management practices are proposed to treat runoff including the construction of two stormwater detention ponds and 3 bio-filtration facilities. The project further includes approach and alignment improvements, public amenities and landscaping

David Fish, Rhode Island Department of Transportation Bridge Engineering Section, was present on behalf of the applicant. Andrew Teitz, solicitor for the Town of Tiverton was present on behalf of the town. Mr. Reis gave council members a brief summary on the application. Mr. Reis stared that the application was to replace the existing Sakonnet River Bridge and requires a setback variance for work within the 50’ of the coastal feature, a variance for filling on a coastal feature, variance for exceeding the 3:1 fill slope and a variance for not treating runoff from impervious surfaces. Mr. Reis said the project requires a special exception for filling in tidal waters (11,279 c.y.) and for filling of two coastal wetlands one would be filled permanently and the other would be on a temporary basis. Mr. Reis said there would be wetland mitigation and pursuant to Section 300.12 they would compensate for wetland impacts. Mr. Reis said the wetland to be temporarily filled would be recreated in place. Mr. Reis said there would be dredging for the bridge and ramp. Mr. Reis said there is also a stormwater management plan. Mr. Reis stated that they would be demolishing the old bridge under a separate application. Mr. Reis noted that on page P2 the variances and exceptions were itemized. Mr. Reis said staff had no objection to the application. Mr. Fish submitted a short description outline on the project to the council as an exhibit. Mr. Reis stated that he had large copies of the plans for the council’s review, if needed. Mr. Fish explained that they would be replacing the old Sakonnet Bridge #250 which is south of the existing bridge on RI Route 24. Mr. Fish described the project. Mr. Fish stated that they had looked into rehabilitating the current bridge and determined it was not feasible and it was suggested that they replace the existing structure. Mr. Fish stated that the current bridge is deteriorating and they have posted a 22 tons weight limit. Mr. Fish said the current bridge had outlived its useful service life. Mr. Fish stated that this was a Category B application and required 4 variances and two special exceptions. Mr. Fish stated that they had DEM approval, applied for an Army Corps permit, applied for a US Coast Guard permit. He also said they had federal highway review and there would be no environmental impact statement needed. Mr. Fish requested that the application be continued to the first meeting in February to address the issues raised by the Town of Tiverton. Vice Chair Lemont asked what the entire cost of the project was. Mr. Fish replied a $160 million dollars. Vice Chair Lemont asked how much was federal fund. Mr. Fish replied 80% federal funds. Vice Chair Lemont asked when the project would be completed. Mr. Fish said in 4 years they had a 2012 completion date. Vice Chair Lemont asked about the 2012 completion date and his comments about the useful service life of the current bridge and its deteriorating state. Mr. Fish explained that the critical elements of the bridge would be checked every six months and repairs would be done if needed. Mr. Fish noted that the vehicle weight would be limited to less than 22 tons. Mr. Gray asked if the railroad bridge access point would be open. Mr. Fish replied they would not prohibit public access and it would be kept open. Mr. Gray asked what happens when the bridge is gone, what happens to the property. Mr. Fish replied it would remain open space and that the demolishing of the existing bridge would be a separate application. Mr. Goldman marked Mr. Fish’s presentation map as exhibit RIDOT #2. Mr. Teitz stated that the Town has concerns regarding the bridge and that they met with RIDOT on site. Mr. Teitz said they have a meeting with Director Williams, and DOT staff on February 4th to discuss their concerns. Mr. Teitz requested that the council keep the hearing open until the February 11th meeting. Chair Tikoian asked for public comment. There was none. Vice Chair Lemont, seconded by Mr. Coia moved to continue the hearing until the February 12th meeting for further discussion. The motion was carried on a unanimous voice vote.

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

CHAIR TIKOIAN RECUSED HIMSELF ON THE FOLLOWING APPLICATIONS

2007-03-042 TIMOTHY AND JOY CSANADI – construct and maintain a residential boating facility. The facility is to consist of a 4’ wide by 185’ +/- fixed pier that leads to a 3’ x20’ ramp that leads to a 150 SF terminal float. The facility also is to have a boat lift installed on the northern side of the fixed pier. The facility extends 117 ft seaward of the cited mean low water mark and is variant to several RICRMP dock construction and boat lift standards. Located at plat 55, lot 62; 23 Surf Drive, Bristol, RI.

Chair Tikoian recused himself. Vice Chair Lemont presided over the application. Mr. Anderson gave council members a brief summary on the application. Mr. Anderson stated that the application was for construction of a fixed timber pier 4’x185’ , a ramp and a boat lift. Mr. Anderson stated that the application requires a 67’ length variance for the fixed pier which is 117’ beyond mlw, an 18’ property line extension offset variance for the side yard, a 3 foot variance for the gunwale height restrictions for the boat lift and a 14 foot variance to the property line extension offset standard. Mr. Anderson stated that staff struggled on the application for the variances and deferred the application to the full council. Mr. Anderson said they questioned the funcuality of the dock due to the wave energy. Mr. Anderson stated that there is a 4-6 mile fetch in this area. Mr. Anderson said the dock would be affected by the choppy winds and the wave action. Mr. Anderson said docks have not been approved in this area in over 20 years. Vice Chair Lemont asked if there was a yacht club in the area. Mr. Csanadi replied yes North Farm is above them and the Highland Dock is below them. Vice Chair Lemont asked he if knew how long the other dock were. Mr. Csanadi did not know. Mr. Csanadi explained that he wanted to put a dock in front of his property. He said his boat draws 1 ½ feet of water and was a low profile boat. Mr. Csanadi stated that he needed the 185’ length for the dock to make is usable. Vice Chair Lemont asked if his dock would interfere with the boats that troll in this area. Mr. Csanadi replied no. Vice Chair Lemont asked if there were moorings in this areas. Mr. Csanadi replied yes. Mr. Gray asked what the measurement for clearance under the dock was at the MHW mark. Mr. Anderson replied that it is in excess of 6.33 feet to 6.99 feet where it hits the beach. Mr. Gray asked what the boat lift width was. Mr. Anderson replied 15.67 feet. Mr. Gray asked about the pier deck distance at MHW. Mr. Anderson said 4 feet. Mr. Gray said the first concern of staff was the exposure of the dock and in the past he had brought this up on past dock applications. Mr. Gray said the council had allowed docks in high fetch areas in the past. Mr. Gray felt the policy and planning subcommittee should look at the fetch element to give staff guidance when the review applications in high fetch areas. Mr. Gray stated that he let the fetch issue pass as a reason to not allowing a dock. Mr. Gray addressed the length variance and said at 50’ the applicant has a water depth of 2 ½ feet and felt this was not overly excessive to reach the water depth. Mr. Gray noted that the applicant was requesting a 18’ variance side yard setback on one side leaving him a distance of 7 feet. Mr. Gray stated that the 14’ variance on the southern side yard setback the abutter was the town. Mr. Gray asked if the town was notified of the variance request. Mr. Anderson replied the town was notified but that they did not receive any response from the town. Mr. Csanadi said his property crosses the town property. Mr. Gray noted that the town signoff on the setback would have negated the request for a variance. Mr. Gray said he did not see town demand for use of this land and said there was a 20’ drainage easement there. Mr. Csanadi explained that the rightof- way area is a storm drainage and no one uses this. Mr. Csanadi also said no one walks up and down the beach area. Mr. Gray said the other abutter north of the town docks is affected by the use of the dock to the north of the town property. Mr. Gray said his concern had been satisfied for the setback issue at this point. Mr. Gray was concerned with the height of the boat lift being 3 feet above the dock. Mr. Gray said the standard is to go level with the dock and had a problem with giving a variance for this. Mr. Gray was concerned with the 4’ height under the dock and felt the dock was low and that at high tide or moon tide the dock would be in the wave action. Mr. Gray requested that the deck go up 3-4 feet to protect it from wave action and then they would not need the boat lift variance. Mr. Gray referred to page P39 regarding the footage for the boat lift and the 14’ variance request and said that 15’ is one of the criteria guidelines for a boat lift and this exceeded that. Mr. Gray wanted to know why they needed the area to be as wide in excess of the 15 feet. Mr. Csanadi replied that his boat is 10 feet wide. Mr. Gray asked about Plan C-3 on page P39 and the elevation for the boat. Mr. Gray asked if the two thin lines were the guide poles to get into the cradle. Mr. Csanadi replied yes. Mr. Gray noted that there was another 2’ areas on each side of these. Mr. Gray requested that he redesign the boat lift and bring the pilings in 4 feet to bring it closer to the guide pole lines. Mr. Gray said the current guide lines were for a larger boat. Mr. Gray said this would reduce the 14’ variance for the boat lift to a 10’ variance request. Vice Chair Lemont asked if the applicant could live with a 4’ less design. Mr. Csanadi replied he was not sure. Mr. Gray explained that he would still have 6” off of dock and pilings. Mr. Csanadi said he could live with that. Mr. Gray asked about raising the height of the dock 3 feet to protect the dock and eliminate the need for the boat lift variance. Mr. Gray asked staff if this would address their safety concern. Mr. Anderson replied yes. Mr. Gray said this would meet the standard and require less of a variance. Mr. Csanadi agreed. Mr. Gray, seconded by Mr. Coia moved approval of the application with stipulations that the boat lift width be reduced to give 6” off pilings on both sides, that the fixed pier be raised 3 feet so the gunwale of the vessel and the deck of pier would be even and all other staff stipulations. The motion was carried on a unanimous voice vote.

2005-03-082 PLUM HILL PROPERTIES -- Fourteen (14) lot subdivision with 1,100 linear feet of roadway, and two (2) drainage detention ponds, and associated work. Located at plat 4, lots 3, 5; 1-7 Tower Hill Road, North Kingstown, RI.

Mr. Berman, the applicant was present. Joseph DeAngelis, attorney for the applicant and Dennis DiPrete, the applicant’s engineer were present on behalf of the applicant. Mr. Reis gave council members a brief summary on the application. Mr. Reis stated that the application was to construct a 14-lot subdivision with 1,100 linear feet of roadway and two drainage detention ponds. Mr. Reis stated that the project would be done in two phases. The first phase would be a 12-lot subdivision with one detention pond and the second phase would be for a 2-lot subdivision with one detention pond. Mr. Reis said staff had no objection to the application and that the application meet the SAMP. Mr. DeAngelis stated that they agreed to the staff recommendations. Mr. DeAngelis noted that the objectors were not present. Mr. DeAngelis stated that no variances were being requested. Mr. Gagnon asked if the parcel to the north would not be built on and left as open space. Mr. DeAngelis replied yes there is a purchase and sales agreement with the town to leave lots 13 and 14 open space to the Narrow River Land Trust. Mr. Coia, seconded by Mr. Dawson moved approval of the application with all staff stipulations. The motion was carried on a unanimous voice vote.

2005-08-101 KATHLEEN GALLANT – As-built residential boating facility. The facility location relative to the property line extensions was not correctly shown on the plans previously approved by the CRMC. The facility actually extends over the southern property line extension, while the previous plans showed that the facility lay 16’ distant from the property line extension. Located at plat Y-1, lot 243; 26 Wheatfield Cove Road, Narragansett, RI.

matter had been before the board 3 months ago. Mr. DeAngelis stated that Mr. Altrui, an objector, who is represented by Attorney Rifkin had entered into an agreement. Mr. DeAngelis stated that as part of the agreement they requested that the applicant receive a letter of no objection from the other abutter. Mr. DeAngelis requested that the application be continued to the first meeting in March. Mr. Coia, seconded by Mr. Gray moved to continue the application to the 1st meeting in March. The motion was carried on a unanimous voice vote.

9. PUBLIC HEARING ON CHANGES TO RHODE ISLAND COASTAL RESOURCES MANAGEMENT PROGRAM / PROCEDURES:

1. Section 130. Special Exceptions

Revise Section 130.A(1)

Mr. Fugate stated that Section 130 clarifies that no special exception is needed in classes of barriers, barrier island or spits. Vice Chair Lemont opened the public hearing. There was no public comment. Vice Chair Lemont closed the public hearing. Mr. Coia, seconded by Mr. Dawson moved approval of the proposed revisions to Section 130 Special Exceptions. The motion was carried on a unanimous voice vote.

2. Section 210.2. Barrier Islands and Spits

Add NEW Section 210.2.B.3 (Renumber existing B.3 as B.4, and existing B.4 as B.5)

Mr. Fugate stated that Section 210.2 Barrier Islands and Spits concerning high hazard areas and these areas should be kept out of development for rescue purposes. Vice Chair Lemont opened the public hearing. There was no public comment. Vice Chair Lemont closed the public hearing. Mr. Coia, seconded by Mr. Dawson moved approval of the addition of Section 210.2 Barrier Islands and Spits. The motion was carried on a unanimous voice vote.

3. Section 145. Sea Level Rise

Add NEW Section 145 Sea Level Rise

Mr. Fugate stated that this was a new regulation in the Red Book and there is a report from the Deputy Director regarding public comments received from Save the Bay with suggested changes in the back of the packet. Mr. Willis stated there were suggested changes from Save the Bay and staff reviewed them and made some minor editorial changes. Chair Tikoian thanked Mr. Fugate and Mr. Willis for personally being involved with this. Chair Tikoian stated that CRMC is the first in the nation to issue a regulation on sea level rise. Chair Tikoian also thanked Save the Bay for their dialogue for making this a good policy. Chair Tikoian said they work to make good regulations with other agencies. Chair Tikoian also thanked the policy and planning subcommittee for their work on this. Vice Chair Lemont opened the hearing for public comment. Cynthia Giles, Conservation Law Foundation, stated that they supported this regulation. There was no further public comment. Vice Chair Lemont closed the public hearing. Chair Tikoian, seconded by Mr. Zarrella moved approval of new Section 145 Sea Level Rise. The motion was carried on a unanimous voice vote.

RICRMP/Management Procedures

4. Section 5.1. Notification

Revise Section 5.1(9)

Mr. Fugate explained that this change deals with the issue of once a staff report is in the file and claries who can make modifications to final staff report. Mr. Fugate said the change stated that only the council or the executive director may allow an application to be modified to meet staff recommendations. Vice Chair Lemont opened the public hearing. There was no public comment. Vice Chair Lemont closed the public hearing. Mr. Gray, seconded by Mr. Gomez moved to approve the revision to Section 5.1 Notification. The motion was carried on a unanimous voice vote.

Section 4.3. Schedule of Fees

Revise Section 4.3.8

Mr. Fugate said that this revision deals with fee for plans submitted after a final staff report is issued. Vice Chair Lemont opened the public hearing. There was no public comment. Vice Chair Lemont closed the public hearing. Mr. Coia, seconded by Mr. Dawson moved approval of the revision to Section 4.3 Schedule of Fees. The motion was carried on a unanimous voice vote.

10. Category “A” List

There were none held.

There being no further business to discuss. The meeting was adjourned at 7:28 p.m.

Respectfully submitted,

Grover Fugate, Executive Director

Reported by Lori A. Field

CALENDAR INDEX

Stedman Government Center
Suite 116, 4808 Tower Hill Road, Wakefield, RI 02879-1900
Voice 401-783-3370 • Fax 401-783-2069 • E-Mail cstaff1@crmc.ri.gov

RI SealRI.gov
An Official Rhode Island State Website