Ms. Silvia gave a brief overview of the application for the Council stating that the applicant had done some repair on their seawall without knowing about CRMC regulations. Ms. Silvia stated that the seawall repairs and the boating facility were reviewed in the same application. Ms. Silvia stated that the dock would not meet the height for CRMC required 5’ for later access, however, there will be no change to the existing lateral access and the MHW is at the seawall which extended the entire street. Mr. Fugate explained that when properties are split by a road, a dock can be constructed as long as the two lots owned by the applicant are joined together legally.

Donald Croteau was present to represent himself and stated that he had tried to contact the objector but he did not receive a return call. Mr. Croteau explained that he had letters from nine other neighbors supporting his application.

James T. Olive, Jr. was present to object to the application. Mr. Olive explained that he was significantly concerned with the water depth at the proposed terminus based on his 40 years of boating at his nearby mooring. Ms. Silvia stated that the CRMC requirements are such that there should be a minimum of 18” of water at the terminus and that based on the professional engineer’s plans that was what was indicated. Mr. Fugate suggested having the engineer certify the water depth including possible as built survey. Council discussion of water depth including nearby dock conditions.

Ms. Silvia stated that this engineer used the Army Corps dredge project benchmark to obtain his water depths. Discussion ensued on the different methods of verifying water depth methods.

Mr. Sahagian motioned, seconded by Mr. Hudner, approve the application with the requirement that the certification of 18” of water depth prior to the issuance of permit.

The motion carried on a unanimous voice vote.

Ms. Silvia gave a brief overview of the application stating that this facility was being constructed where a dock has always existed; the applicant is asking to rebuild the dock. Ms. Silvia stated that CRMC asked that the dock be reduced to meet the max water depth of 3 feet. Ms. Silvia informed the Council that the dock required a 50’ variance for being near the edge of a mooring field and a 137 ft length variance to get three feet of water. The applicant is asking to do maintenance repair to an existing stone pier as well. Ms. Silvia stated that CRMC had no objection to the approval of the application. Ms. Silvia explained where the dock would be positioned in terms of the mooring field stating that the northwest corner of the float crosses over the edge of the mooring field. Ms. Silvia stated that staff recommended some high fetch criteria for building the dock. Mr. Beaudette asked for clarification of the dock length as it pertains to water depth. Ms. Silvia explained that the CRMC asked the applicant to reduce the length of the dock from 247 feet to 187 feet beyond mean low water and confirmed for Mr. Beaudette that the terminus of the float where it crosses the mooring field lays jus parallel with the 3 foot mark at the proposed 187’ beyond mean low water.

Ms. Silvia confirmed that the application would require a 137’ length variance. Ms. Silvia also explained that the application requires a 100% mooring field variance as well. Ms. Silvia stated that there was a sign off letter from the Bristol Harbormaster. Ms. Silvia confirmed for Mr. Hudner that some of the old pilings were still in the water but not sure how many.

Mr. Payson was sworn in and identified himself for the record. Mr. Hudner expressed concern regarding the existing pilings and whether they would be removed. Ms. Silvia stated that the pilings would be removed as part of the project. Ms. Payson also confirmed the removal of the old pilings and the acceptance of the redesign of the dock.

Mr. Gomez asked when the original dock was destroyed. Mr. Payson stated that Hurricane Gloria in 1985 did damage, the Hurricane Bob in 1991 damaged it more and then a subsequent ice storm finished it off. Mr. Payson stated that the dock was built in the 30’s or 40’s and that it was there when his parents bought the property in 1961.

Mr. Hudner motioned approval, seconded by Mr. Gomez. Motion carried on a unanimous voice vote.

Mr. Fugate briefed the Council on the proposed changes to the Management Procedures stating that the amendment would provide for expedited application review for applications that voluntarily comply with the IBHS FORTIFIED HOME program, which establishes storm resiliency design requirements for homes. Mr. Fugate stated that CRMC has been collaborating with the RI Builders Association on this change. Mr. Fugate explained that when an application is submitted and flagged as FORTIFIED and does not require any variances, the application would be expedited to encourage more property owners to use the voluntary program. Mr. Fugate assured the Council that the IBHS program is a non- profit organization in which only the certified inspectors are getting paid. The FORTIFIED program is not getting a payback. There were no public comments submitted during the 30-day public notice period.

Chair Livingston opened the public hearing and hearing no comments, closed the public hearing.

Mr. Sahagian motioned, seconded by Mr. Hudner, for approval of the program change. The motion approved on a unanimous voice vote.