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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’s Planning & Procedures subcommittee, a meeting was held on Tuesday, November 21, 2017 at 8:30am at the offices of the CRMC, Stedman Government Center, 4808 Tower Hill Rd, Wakefield, RI.

MEMBERS PRESENT
Jennifer Cervenka, Chair
Don Gomez
Joy Montanaro
Trish Reynolds
Angelo Liberti

STAFF PRESENT
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
James Boyd, Coastal Policy Analyst
Anthony DeSisto, Legal Counsel

Call to Order. Ms. Cervenka called the meeting to order at 8:34 a.m.

Mr. Gomez seconded by Ms. Reynolds moved to approve the meeting minutes of May 16, 2017. All voted in favor of the motion. Chair Cervenka abstained.

Item 4.A – Revise Sections 1.1.2 Definitions and 1.3.1(D) Recreational Boating Facilities. G. Fugate introduced the revision to the term ‘contiguous’ (§1.1.2 Definitions) and the subcommittee deliberated. G. Fugate explained the practice of linking lots across the street from a lot with a residence as well as deeded shoreline lots to lots with a residence elsewhere in a common homeowners association. Ms. Reynolds and A. DeSisto offered that the term ‘contiguous’ might need to be substituted with another such as abutting and the need for (a) specific characteristic(s) such as distance. Mr. Liberti noted the need to look at other areas of the regulations to ensure consistency. The subcommittee discussed. A. DeSisto with staff offered to propose additional revisions for deliberation at the next meeting.

J. Boyd explained the revisions to pre-existing boating facilities (§1.3.1(D) Recreational Boating Facilities) and G. Fugate explained the history of regulatory permitting prior to the creation of the Council (pre-1971). Ms. Montanaro asked if a residential dock existed since the 1950s but in 2017 is essentially a remnant of itself can it be re-built? G. Fugate explained how docks are required to be intact and functional to be maintained, and if pre-existed in Type 1 waters (where the construction of new residential docks are prohibited) as long as they are intact and functional they can receive Assents to be maintained. A. DeSisto explained the factual determination process. Additionally G. Fugate explained the Army Corps of Engineers’ policy on granting permission for such facilities that can show evidence of existence from at least 1968 and that the Council honors such approvals. Staff introduced a question made from an outside observation that facilities in Type 1 waters will need to re-apply and therefore may not receive approval due to current Type 1 policies. Staff explained that once such a facility was recognized by existing policy or Assent it can be maintained without the need to re-apply. Mr. Gomez noted that current regulations elsewhere in the RICRMP also address future scenarios such as sea level rise and the need for such facilities to address those issues. Mr. Liberti, G. Fugate and A. DeSisto discussed the RICRMP policy on the ultimate removal of residential docks in Type 1 waters.

Chair Cervenka directed staff to work with legal counsel and propose revisions such that there is a clear understanding that because of other programmatic policies and requirements there is not a need to re-apply, to be brought back to the subcommittee for further discussion.

Item 5.B – Proposed Administrative Fines Legislation. J. Willis explained the genesis behind the proposed legislative revisions.

Mr. Gomez seconded by Ms. Reynolds moved to approve sending the proposed legislation to the Administration. All voted in favor of the motion.

ADJOURNMENT. Mr. Gomez, seconded by Ms. Montanaro, moved to adjourn the subcommittee meeting. All voted in favor of the motion and the meeting was adjourned at 9:59 a.m.

Respectfully submitted by

Jeffrey M Willis, Deputy Director

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

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