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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, September 9, 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
Neill Gray
Bruce Dawson
Director Michael Sullivan
Dave Abedon
Joe Shekarchi

MEMBERS ABSENT
Jerry Zarrella
Tom Ricci

STAFF PRESENT
Jeff Willis, CRMC Deputy Director
Ken Anderson, CRMC Senior Engineer
John Longo, CRMC Deputy Legal Counsel

 

1. Chair Tikoian called the meeting to order at 6:00 p.m.

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

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Vice Chair Lemont, seconded by Mr. Coia moved approval of the minutes of the August 26, 2008 meeting as presented. The motion was carried on a unanimous voice vote.

3. SUBCOMMITTEE REPORTS

There were no staff reports.

4. STAFF REPORTS

Mr. Willis announced that Mr. Fugate would give the full council an update on the Ocean SAMP at the September 23rd meeting.

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

6. RATIFICATION OF EXECUTIVE DIRECTOR’S DICISION TO ACCEPT WITHDRAWAL OF APPLICATION CRMC A1995-07-232.

Mr. Willis explained that a few meetings back the council granted Arches Property a modification for their dock. Mr. Willis said the owners want to maintain the dock as is and a maintenance permit had been issued. Mr. Willis said the applicant wanted the council to vacate the original assent and allow them to maintain the dock as is. Mr. Shekarchi, seconded by Mr. Coia moved to ratify the executive director’s decision to accept the withdrawal of CRMC application A1995-07-232. Mr. Gray asked if they would be keeping the floating dock there. Mr. Willis replied yes. Vice Chair Lemont stated that they spent a number of hours on this application. Director Sullivan asked if the application was withdrawn with prejudice. Mr. Longo said the application would be treated as a denied application and a new application would not be accepted for a time allotted. The motion was carried on a unanimous voice vote.

7. APPLICATION REQUESTING EXTENSION BEFORE THE FULL COUNCIL:

1998-07-052 TOWER HILL GROUP, LP – Requesting further extension of current extension to allow negotiations for development rights to continue to a conclusion between Tower Hill Group and the town of South Kingstown. Located at plat 50, lot 2; plat 50-2, lot 1; Tower Hill Road, South Kingstown, RI.

Sean Coffey, attorney for the applicant and John Igliozzi, attorney for Mr. Ricci were present on behalf of the applicant. Mr. Willis gave council members a brief update on the application and said this is an application request for an extension of an assent to allow the town and the applicant to work out the acquisition of ownership of the land by the town. Mr. Willis said they need additional time to June 2010 to complete the funding. Mr. Coffey explained they were before the council one year ago asking for an extension of the assent to work out the funding for the town to acquire the property and leave it as open space. Mr. Coffey said Mr. Igliozzi and Mr. Ricci have been in discussions with the town to work this out. Mr. Coffey said they have the appraisals of the property from the federal agency and other private permits. Mr. Coffey said there would be a realignment of the property and instead of building 34 units they would develop, 6 property lots and the rest would be put in a conservation easement. Mr. Coffey said an extension would allow the applicant to not start construction but conserve their rights for construction while in negotiations with the town. Mr. Coffey said they hope to complete the negotiations with the town this winter and have a new application for the 6 lots and the rest of the property for a conservation easement. Mr. Coffey said if the negotiations fail, they wanted to have enough time to complete the construction which would take two seasons. Mr. Coffey requested that the council grant the extension until June 30, 2010 to allow them time to complete the project. Mr. Coffey also noted that Mr. Nichols from the town stated at the last meeting it could take a couple of years to complete the funding. Mr. Coffey said they have a letter dated 9/2/08 from the Town Manager requesting that the council grant the extension of the application. Chair Tikoian noted in the 9/2/08 letter from South Kingstown which said the funding was in place. Mr. Igliozzi replied that the municipal funding has not been approved yet by the town council. Mr. Igliozzi said there is still a question on the numbers for the property and there are delays with the appraisal process for the federal funds. Chair Tikoian noted that this has been going on for 5-6 years. Mr. Igliozzi replied that they have only been negotiating with the town for the last year. Mr. Longo explained that the applicant received a number of extensions from the executive director and the council granted three (1) one year extensions on the application also. Mr. Longo said the only way another extension could be granted is if this was for public works or the public benefit. Mr. Coffey felt the land being made conservation land would be in the public interest. Mr. Coffey said the existing extension expires on January 30, 2009 and they want an 18- month extension of the assent until June 30, 2010. Director Sullivan felt that this was reasonable, that this served public works as stated by Mr. Longo, and they would be granting additional time for the public benefit. Director Sullivan, seconded by Mr. Coia and Mr. Shekarchi moved approval of the extension until June 30, 2010. Mr. Gomez had a question on their securing federal funds and wanted to know if there was a time limit on the federal funds if they were not used. Mr. Igliozzi replied he is sure it does but as of now, the federal grant has been approved for the Town of South Kingstown for this property and the DEM piece of the project has also been approved. Mr. Igliozzi said the municipal and trust pieces still need to be done. Mr. Gomez felt this was a lengthy request for an extension. Mr. Coffey replied they are trying to avoid starting construction and want to preserve the property during the negotiations. Mr. Coffey said they are having discussions in good faith. Mr. Gray asked if the extension was granted to June 2010 what is there goal to have done. Mr. Coffey said if the negotiations fail, they will construct whatever the permit requires them to construction such as roads, infrastructures, etc… Mr. Gray felt there needed to be a limit at some point. Mr. Coffey said it was clear in the last transcript that this could take more time but the council wanted to keep the project under a tight leash to see where they are. Chair Tikoian said the council fully understands and advocates for open space. The motion was carried on a unanimous voice vote.

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

2007-07-059 MATISSA, LLC -- To construct an addition onto an existing residence with associated drainage and landscaping improvements. Located at plat 3, lot 96; 17 Willow Way, Barrington, RI. Thomas Romano, attorney for the applicant was present. Christopher DeVito attorney for the objectors, Mr. & Mrs. Fein was also present. Chair Tikoian noted that the application had been continued twice at the request of both parties and that this date was the drop-dead date set by the executive director. Mr. Longo noted that the objector’s have a video they would leave for the council members to review. Mr. Romano said he had seen the objector’s video and had no objection to it. Chair Tikoian noted that the applicant is here with their engineer and no biologist and the objector’s are here with their biologist and not their engineer. Mr. Romano explained that the first continuance request was the objectors request and the August continuance request was at the applicant’s request. Mr. Romano said the objector’s concerns are biological and they would need their biologist present but there biologist was not available for this hearing. Chair Tikoian asked if he notified the executive director that their biologist could not be present tonight. Mr. Romano said no because he understood this was the drop-dead date to hear the application. Director Sullivan said he had a problem with not hearing from both biologist at the same time and felt it would be better to have both biologist present. Mr. Shekarchi asked if there was other biologist within that agency that could represent them. Mr. Romano replied no. Mr. Romano said he did not come before the council to play ping pong and put on some of their witnesses and some of there witnesses on. Mr. Romano said he wanted to have his biologist present. Mr. Shekarchi said he needed to be prepared to bring a biologist with him next time. Mr. Shekarchi requested that any reports from the applicant or objectors be sent to council members along with a list of witnesses. Mr. DeVito said they are ready to go forward on the application, present their witnesses, and give the applicant’s biologist a chance to review the transcript and respond. Mr. DeVito also had concern with the staff biologist reports. Council members felt it was better to hear the application all at once. Chair Tikoian asked both parties if they could have all of their expert witnesses present in two weeks. Both parities agreed. Vice Chair Tikoian asked if the objectors or interested parties present could come back in two weeks. They replied yes. Vice Chair Lemont, seconded by Director Sullivan moved to defer the application two weeks until September 23, 2008 to have all expert witnesses present. The motion was carried on a unanimous voice vote.

Director Sullivan requested a copy of the transcript from the last meeting from the stenographer.

9. Category “A” List

There were none held.

There being no further business to discuss. The meeting was adjourned at 6:52 p.m.

Respectfully submitted,

Grover Fugate, Executive Director

Reported by Lori A. Field

CALENDAR INDEX

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