In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, January 13, 2009 at 7:00 PM at the Department of Administration; Conference Room A; One Capitol Hill, Providence, RI

MEMBERS
Mike Tikoian, Chair
Paul Lemont, Vice Chair
Ray Coia
Don Gomez
David Abedon
Neill Gray
Bruce Dawson
Michael Sullivan

MEMBERS ABSENT
None absent

STAFF PRESENT
Grover Fugate, CRMC Executive Director
Ken Anderson, CRMC Engineer
Brian Goldman, CRMC Legal Counsel

1. Chair Tikoian called the meeting to order at 7:00 p.m. and made a brief statement on the council’s permitting process. Chair Tikoian stated that the location change is due to cost cutting methods and that the semimonthly meeting would be at the Administration Building from this point forward.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Mr. Coia, seconded by Mr. Dawson moved approval of the minutes of the October 28, 2008 meeting as presented. Mr. Gomez stated that there was a typo on page four; the word “parities” should be “parties”. Motion carried on unanimous voice vote with correction.

3. SUBCOMMITTEE REPORTS

Vice Chair Lemont reported that the Policy & Planning Subcommittee met on and approved the following revisions: RICRMP Greenwich Bay SAMP water type Revisions – Chepiwanoxet Point from Type 2 to Type 1; Greenwich Cove modify line dividing Type 2 to Type 5 waters; Bakers Creek barrier spit from Type 2 to Type 1; Baker’s Creek headland from Type 2 to Type 1; also, amend Greenwich Cove quahog resource. Chair Tikoian stated that they would be put on 30-day notice to return to the Full Council for Public Hearing.

Vice Chair Lemont stated that a subcommittee had met regarding CRMC File 2002-06-054 Rocco D’Angelo and requested that this be scheduled for a subsequent meeting so that the subcommittee could report the matter out. Mr. Goldman stated that the subcommittee recommendation was circulated to all subcommittee members and they all concurred on its findings.

Chair Tikoian stated that the Semimonthly meetings would continue to meet at 6:00 p.m. in the new meeting place. The 7:00 p.m. time slot was due to a meeting attended by Mr. Fugate and Mr. Goldman in Boston.

Chair Tikoian also stated that the Ocean SAMP Subcommittee held its initial meeting last week with great success.

4. STAFF REPORTS

Grover Fugate told the Council about a few staff changes. Joanne Storm, a long time administrative staff member, had to accept retirement and is no longer working with us. Also, David Alves, Aquaculture Coordinator has accepted a position with the federal government as Regional Aquaculture Coordinator for National Marine Fisheries Service. Good luck to both Joanne and Dave.

Grover Fugate reiterated what the Chair had said regarding the Ocean SAMP meetings and added that the Policy and Planning subcommittee held a Public Workshop on Aquidneck Island to hear public input on new development regulations coming out.

Grover Fugate also informed the Council that the CRMC and ACOE had received the 2008 Coastal America award from Coastal America (group of federal agencies) for the Ninigret Pond South Shore Habitat Restoration project.

Grover Fugate mentioned that the Hazards Chapter of the Metro Bay SAMP has been reviewed by policy and planning and would be scheduled for a workshop; and the working waterfront chapter will be going before policy and planning, will have a workshop and then will come before the full Council.

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

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

2007-08-032 CITY OF WARWICK – OVERLOOK ROW -- AP 128, between lots 128 and 1. That unimproved portion of Overlook Drive designated as City of Warwick Right of Way #76 located between plot 203, lots 128 and 1 and so much of any other adjoining lots as testimony may demonstrate.

City Councilman Steve Merolla present for the City of Warwick. Mr. Goldman gave Council overview of application stating that the potential right of way had a public hearing on August 27, 2007. Comments at the hearing were mainly for the designation. Mr. Goldman stated that he had done a legal review of the ROW and that it was clear that the right of way had been designated and accepted by the City of Warwick as a public right of way since 1921. After hearing testimony, the Subcommittee voted unanimously to designate it as a public right of way to the shore. Mr. Merolla stated that although he did not have any further information to add, he did have photos if the Council wanted to see them. Mr. Merolla stated that the City would be filing documentation with the Council to clear and maintain ROW. Mr. Merolla stated that this ROW is the only place at the end of the peninsula at Potowomut at high tide that the residents would have the ability to walk around to Goddard Park – all other right of ways at high tide are impassable. Mr. Goldman called for a roll call vote on the reading of the record. All council members were eligible to vote. Mr. Sullivan, seconded by Mr. Coia, moved to approve the recommendation of this right-of-way. No discussion. Motion approved on unanimous voice vote.

2008-08-065 MICHAEL McCRACKEN -- Construct and maintain a residential boating facility that is to emanate from a pre-existing deck that is to be rebuilt. The proposed facility is to consist of a 4’ wide by 6’ long fixed timber pier that leads to a ramp that leads to a 150 SF terminal float. The proposed structure is to extend 15 feet seaward of the cited MLW mark. Located at plat R-3, lot 140; 68 Frank’s Neck Road, Narragansett, RI.

Mrs. McCracken was present as well as Lindsay Hunter from engineering department of Environmental Planning and Surveying. Dr. Elizabeth Conklin, abutter, present to ask questions about dock. Mrs. McCracken stated that her husband was unable to attend meeting due to health concerns and she would fill in for him. CRMC staff member Ken Anderson gave an overview of application stating no staff biological or engineering objections. Mr. Gray asked if staff had reviewed the application in regards to lateral access. Mr. Anderson stated that as the pier was an extension off the existing boat house and that it did not meet the five-foot clearance at the mean high water mark. Mr. Goldman put both Marilyn McCracken and Lindsay Hunter under oath. Mr. Hunter stated that due to the slope of the land and the rockiness of the feature, it did not appear that lateral access would be sought. Mr. Hunter stated that it was less obstrusive to link the pier to an existing structure. Mr. Hunter stated that there were sets of stairs on both sides of the deck that led down to the shore. Mr. Gray asked if means to lateral access would be something the applicant would be willing to add to the plans. Photos in agenda package were reviewed. Mr. Hunter and Mrs. McCracken discuss stairs on both sides of dock to allow for access. Mrs. McCracken agrees to the stairs for lateral access. Dr. Conklin, abutter to McCracken property, is sworn in. Dr. Conklin stated that she had no objection to the McCrackens having a dock but that she and several neighbors had questions on whether the proposed structure would impede access into the cove. Dr. Conklin also stated that the existing structure seemed to cross her property extension line and asked if she would be liable if something were to happen to somebody on this structure. Plans were reviewed and it was revealed that a small portion of the corner of the McCracken deck was on Dr. Conklin’s property. Mr. Hunter explained that way the property line was produced by locating the survey bounds in the field and utilizing the original plat for Great Island. Mr. Hunter stated that they located three property corners so the property lines are shown correctly based on the original survey map of area. Dr. Conklin stated that the deck had been there since she was born and did not want the neighbor to have to take the deck down but wanted to know her liability as it is on her property. Mr. Dawson stated that since the deck was proposed to be rebuilt perhaps the applicant would agree to a smaller deck off the abutter’s property. Mr. Fugate states, in terms of liability, the portion of the stairs that the Council requires under permit is then covered by a limited liability statute so they would be limited to gross negligence on their part, like if the stairs rotted and someone slipped on them. Question arises as to whether Council can decide on application at this point. Mr. Sullivan suggests the Council go ahead with acting on application with Mr. Gray’s conditions and the resolution of the conflicted corner. Discussion between Council, applicant and abutter follows Mr. Sullivan’s proposal. Mr. Gray brings up another issue on navigation within the channel. Mr. Gray then proposes a third condition that there be no rafting as it would block the channel. Mrs. McCracken stated that she did not want people to walk over her dock and would raise the dock the 2-feet to give the 5-foot lateral access. Due to change in plans and possibility of needing to re-notice this for 30-days, a motion is made by Mr. Sullivan, seconded by Mr. Gomez, to table the application until legal issues worked out and new plans submitted to CRMC staff. Discussion amongst Applicant and Council regarding the reasons for tabling the application. Mr. Sullivan withdraws his motion to continue talking about a conditional approval. Mr. Sullivan motions, seconded by Mr. Dawson, approval of application upon the Executive Director or staff receiving an accurate rendering indicating that the minimum five-foot lateral access, the neighbor to neighbor issue regarding the conflicting corner is resolved to the satisfaction of our legal counsel, and the no rafting condition. Mr. Lemont is against the motion as he would like to see the plans prior to voting on the application. Mr. Coia is also reticent about approving an application without plans. Discussion on the motion made. Motion is restated for clarification. Mr. Goldman to wait to draft a decision until all aspects of motion made are resolved. Motion carried. Mr. Lemont was opposed.

2007-09-055 JAMES BENINCASA – Construct a residential boating facility to consist of a 4’ x 92.5’ fixed timber pier, a ramp and 3 floats (5’ x 30 = 150 sq ft). The terminus of the dock extends to 95.5 feet beyond MLW requiring a 45.5- foot variance to the 50-foot MLW standard. Located at plat 16, lot 17; 17 Baker Road, Portsmouth, RI.

The applicant, James Benincasa was present to represent himself. Also present was abutter John Humphrey as objector. Mr. Anderson gave brief overview of application stating that there were no staff objections to the approval of the application. Chair Tikoian asked for Council input. Clarification on dock usage was requested by Mr. Gray. Mr. Fugate stated that if an applicant is requesting variances they usually use the craft that they have to substantiate the variance request but that there is no obligation in the program that says they have to design for a craft. Discussion amongst Council. Mr. Anderson reads from RICRMP Variance Criteria #6. Mr. Gomez asks staff about consideration of fetch in this area when reviewing the application. Mr. Anderson stated that this is not an area that’s identified as an excessive fetch area. Discussion on fetch. Mr. Benincasa is sworn in. Mr. Gray asked Mr. Benincasa for clarification regarding his engineer’s statement of docks located both to the north and south along the shoreline; as staff reports stated that there are no docks and none could be found using google earth. Mr. Benincasa stated that a 300-foot pier burned two summers ago and also Carnegie has a pier. It was clarified that there are no docks in his immediate vicinity. Mr. Gray states his concern for the float lengths and the instability in this area during the boating season. Mr. Gray asked about storage for the floats in the off-season. Mr. Benincasa stated that AP Marine would remove and store them. Mr. Gray asked about the elevation of the pilings on the floats stating that the pilings has to be all and that the plans showing only 1 foot above the floats is inadequate; the floats would be gone. Mr. Benincasa stated that he had received ACOE approval and they requested float stops. Mr. Fugate stated that the standard v-zone elevation will be stipulated in the assent. Abutter Mr. Humphrey is sworn in. Mr. Humphrey stated that in the past CRMC has consistently made known it unwillingness to permit docks on the three adjoining waterfront streets – Baker Road, Hall Road, and Therien Road. Mr. Humphrey spoke of the strong fetch in area stating that the dock at Carnegie cannot be used as intended. Mr. Humphrey also objected to the potential contaminants that would be released due to the drilling of the piles for this pier. Mr. Humphrey also objected to the dock sitting squarely across the Aquidneck Island Blue Trail which is this areas public access. Chair Tikoian asked if there were any objections received from the Aquidneck Island Planning Board on this project. Mr. Fugate stated that none had been received. Mr. Sullivan stated that his staff’s opinion was that it does not propose any substantive threat of contamination. Mr. Dawson asked if applicant had a boat? Mr. Benincasa stated that he would have a boat when he received his dock approval and that he was a power boater. Council members discussed concerns of application. Mr. Coia motions, seconded by Mr. Gomez, approval of application based on evidence presented and comments by staff. Roll Call Vote taken – yes to approve, no to deny.

Mr. Dawson No
Mr. Gray No
Mr. Sullivan No
Mr. Gomez Yes
Mr. Coia Yes
Mr. Abedon No
Mr. Lemont No
Chair Tikoian No

The motion to deny the application carried.

10. Enforcement Report – October, November, and December, 2008

There were none held.

11. Category “A” List

There were none held.

Prior to adjourning, Chair Tikoian stated that he would like to have an Executive Session at the next meeting
regarding the various legal matters that are pending. The next council meeting would be at 6:00 p.m.

There being no further business to discuss. The meeting was adjourned at 8:45 p.m.

Respectfully submitted.

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