Chair Tikoian opened the public hearing. Mr. Willis briefed the Council on the program change stating that the change would allow for continuance request to be subject to a continuance fee. Mr. Willis stated that the first request would result in a $100 fee, the second request would result in a $250 fee and the third request would result in a $500 fee. No public comments. Chair Tikoian closed public hearing. Mr. Lemont motioned, seconded by Mr. Dawson, approval of program change. Motion carried on unanimous voice vote.

Chair Tikoian opened the public hearing. Mr. Boyd briefed the Council on the program change stating that the proposed change was to change Type 4 waters north of the Henderson Bridge to Type 1 waters due to low number of structures along the shoreline and that this area of the Seekonk River is designated in the Metro Bay SAMP as “Areas of Particular Concern”, i.e. conservation. Mr. Boyd stated that due to comments received, CRMC staff are recommending that the area from the Henderson Bridge north to a point 250’ north of the boat club property should remain Type 4 waters. No public comments. Chair Tikoian closed public hearing. Mr. Sullivan motioned, seconded by Mr. Driscoll, approval of program change with staff recommendation. Motion carried on unanimous voice vote.

The Council decided to combine Public Hearing Items 4, 5, 6 into one Public Hearing. Mr. Boyd gave a brief presentation to the Council stating that the City of East Providence had requested to modify waters Type 6 waters between Bold Point and adjacent to Wilkes Barre Pier to Type 4 waters. Also, presented on City’s request to revise water types south of Wilkes Barre pier to the Kettle Point shoreline to Type 5 and Type 2 respectively. Mr. Boyd stated that CRMC Policy and Planning Subcommittee considered the changes and as proposed to be modified by staff, agreed to put them out to Public Notice. Mr. Boyd stated that many public comments were received as a result of the Public Notice. Mr. Boyd stated that staff recommended the Type 6 line remains as is at point B. Mr. Boyd spoke about the permitting history of the Providence and Worcester (P&W) Quay both for CRMC and ACOE, stating that the CRMC permit for a port facility was extended to 2011 at the request of P&W. Mr. Boyd read the permit extension request letter from Adler Pollock and Sheehan, representing Providence and Worcester RR. Mr. Boyd suggested that in the Bold Point area, Line B be moved west to include the Providence Community boating facility in Type 4 waters, which is more appropriate to the public recreation activities on going there. Mr. Boyd stated that City of Providence Department of Planning and Development requested that the line be moved farther west to also include the “Shooters” parcels as the current use is not consistent with Type 6 waters. Mr. Boyd concluded brief presentation.

Mr. Lemont talked about the City of East Providence’s commitment to waterfront plan. There was much discussion on spot zoning around Wilkes-Barre Pier which would open the WB pier property up to complaints in the future for the Providence and Worcester quay. Mr. Willis stated that there was a federal permit issue associated with the water type around the P&W quay and that for consistency sake the area should remain Type 6 waters until the federal permit issue is resolved. Mr. Boyd stated that Providence and Worcester RR has a valid CRMC assent and change in the water Type flies in the face of the existing permit.

Presentation by the City of East Providence. Attorney Robin Main representing City of East Providence is present. Also present are Jean Boyle, Director of East Providence City Planning and Executive Director of East Providence Waterfront Commission, Scott Rabidue, Principal of Natural Resource Services, Steve Sheriden of the East Providence Harbor Commission, Bruce DuFresne, East Providence Harbor Master, and William Fassulli, Vice Chair of the East Providence Waterfront Commission. Ms. Main stated that the City Planning and the Waterfront Commission worked on both state and local level to rezone the entire area to allow for different types of development. Ms. Main suggested that the small area between Bold Point and the Wilkes- Barre pier should be Type 4 waters for 100’ offshore. It was stated that green jacket shoals is a vary shallow area and is not in a condition to do much due to the large volume of remnant piling and barge debris. Jean Boyle is sworn in giving brief description of expertise and ability to testify on subject. Ms. Boyle gave a brief presentation on the process of waterfront planning for East Providence and the participation between the City and CRMC in regards to the Metro Bay SAMP Urban Coastal Greenway regulations. Ms. Boyle stated that one goal is to protect Wilkes Barre Pier. Mr. Rabidue is sworn in testifying that he had been retained by the City of East Providence in 2006 to work with CRMC staff regarding water type changes in the Bold Point area. Mr. Rabidue used aerial photo with water type color designations to show their suggestion of compromise which is that a small section of area around the Wilkes Barre Pier become Type 5 waters to be consistent with City zoning. Mr. Sheridan, Harbor Commissioner, sworn in and described his experience with Harbor Management. Mr. Sheridan stated that a tug area is necessary in the Wilkes Barre Pier area and recommended approval of staff recommendations. Mr. Dufresne was sworn in and talked about his experience in harbor management explaining the area around the pier saying that it consists of 1’ – 2’ of water depth, contained no commercial use, and would require a huge expense to clean and dredge. Mr. Dufresne stated that the obstructions in the area consisted of remnant pilings, docks and ships form the corner of Bold Point to Capital Terminal at Wilkes- Barre Pier. Mr. Fasulli was sworn in and spoke about how the water use should be in conformance with land use and that it had a statewide impact. City of East Providence concluded their presentation.

Lee Howard McVay, Jr. of New England Marine pilots sworn in. Mr. McVay stated that he supported the proposed water type changes requested by the City but substantial protection must be considered in the event of Marina construction to protect docks and boats from the damaging forces of tug boat propeller wash.

Todd Turcotte, President of Capital Terminal, sworn in. Mr. Turcotte talked of his extensive experience in the industry and the history of the area. Mr. Turcotte stated that in order to stay in operation the water type needed to remain Type 6. Mr. Turcotte distributed photos and drawings to consisting of aerial to describe Wilkes Barre Pier, photos showing tanker operation 24 hours a day 7 days a week utilizing tug boats as well. Mr. Turcotte explained the pipeline for distribution which brought product from pier two miles to the facility. Mr. Turcotte also explained the aspect of homeland security of operation needed to change and pier access was changes. Chair Tikoian suggested a collaborative effort between Capital Terminal and the City of East Providence. Mr. Turcotte talked about shoal area and how Capital Terminal is working toward rehabilitating area by removal of deteriorated piles.

Joel Cohen, Vice President of Promet Marine Svc, was sworn in and explains his experience in the working harbor and the history of their property. Mr. Cohen stated that supported the waterfront south of the Quay as it is designed not to interfere in water traffic, but if marina constructed there would be a problem with turning in the basin.

Bessy Schnepple (sp?) of the Fox Point Neighborhood Association was sworn in and read a letter to Council and into the record.

David Everett, Providence City Planner, was sworn in. Mr. Everett spoke about the “Shooters” site saying that he supported changing the line to include the site in Type 4 waters for the existing use and that the change was supported by existing local zoning code.

David Riley, Head of the Bay Gateway, sworn in. Head of the Bay Gateway is a citizens group involved in the Shooters property. Mr. Riley submitted letter for the record and stated that his group felt that to extend the water type demarcation to include Shooters in Type 4 waters was not a routine modification and premature. Mr. Riley talked about the tug boats that operate on a 24 hour 7 day basis and what a crucial piece of property Shooters was based on its location.

Don Pryor, Providence resident, was sworn in. Mr. Prior stated that he was not in support of the Water Type change at the Shooters property stating that the Council’s decision would be viewed as “arbitrary and capricious.”

John O’Flattery, Executive Director of the Sail Boating Programs, sworn in. Mr. O’Flattery stated he was in support of item B to include the sail boat facility in Type 4 waters.

Ms. Main, attorney representing the City of East Providence, gave closing statement reiterating that the water type changes coincide with City Zoning. Chair Tikoian asked if the City of East Providence had worked with Capital Terminal on the current water type issues. Ms. Boyle stated that they had worked with Mr. Turcotte’s predecessor Avery Knowle. Mr. Turcotte stated that there had been no communication between the parties
since 2006.

Chair Tikoian closed public hearing.

Mr. Lemont asked Mr. Boyd if there was leeway to modify the water type change proposal in regards to the Capital Terminal property at Wilkes-Barre Pier. Mr. Boyd stated that CRMC staff position is to maintain type 6 water in area, but would not preclude mixed use development, as envisioned by the City. Mr. Lemont asked about leeway on the Shooter’s side. Mr. Boyd stated that the CRMC permit and current uses are inconsistent with Type 6 waters. Mr. Willis suggested the Council reconsider this matter at a later date with staff working with the City of East Providence. Mr. Boyd adds to recommendation that Line B at a minimum include the Community Boating facility in Type 4 waters.

Mr. Sullivan asks Mr. Boyd if line B should be redefined as to the western boundary of the boating facility rather than the easterly boundary of the Shooter’s parcel. Mr. Boyd agreed.

Mr. Sullivan motioned, seconded by Mr. Dawson, to move Line B west to include the community boating facility consistent with the western boundary but not to include the Shooters site. Motion carries on unanimous voice vote.

Mr. Lemont asks Ms. Boyle if the City would be okay with water type change for the area between Bold Point to Wilkes-Barre Pier 100’ out from Shore to Type 5. City of East Providence agrees. Mr. Lemont motions, seconded by Mr. Coia, to approve the noticed water type changes and to include changing the existing Type 6 to Type 5 from Bold Point to Wilkes-Barre Pier 100’ out into the water. Motion carries on unanimous voice vote.