In accordance with notice to members of the Rhode Island Coastal Resources Management Council’s Planning & Procedures subcommittee, a meeting was held on Tuesday, January 16, 2018 at 8:45am at the offices of the CRMC, Stedman Government Center, 4808 Tower Hill Rd, Wakefield, RI.

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

STAFF PRESENT
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Anthony DeSisto, Legal Counsel

Call to Order. Ms. Cervenka called the meeting to order at 8:45 a.m.

Mr. Gomez seconded by Mr. Liberti moved to approve the meeting minutes of December 19, 2017. All voted in favor of the motion.

Item 3.A – Revise 650-RICR-20-00-1.1.2. Definitions. J. Willis explained how staff and Legal Counsel continued work on the definition of ‘contiguous’ relative to residential boating facilities and that the proposed revisions reflected those discussions. The subcommittee discussed the intent of the changes and at the suggestion of G. Fugate and Legal Counsel agreed to add the word ‘developed’ prior to both the words ‘condominium’ and ‘cooperative’ and delete the phrase ‘or buildable lot.’

Within the discussion for 650-RICR-20-00-1.3.1(D). Recreational boating facilities G. Fugate and J. Willis explained that the proposed revisions reflect the recognition of pre-existing boating facilities as being legally authorized structures under the program and also how the Council could recognize and authorize such yet-to-be identified structures. G. Fugate noted that the dock repairs may not be the result of a Council Assent (ie: ice damage) and suggested therefore that the ‘repair’ phrase be removed throughout. Additionally Chair Cervenka and subcommittee members asked about ACOE and predecessor agency authorizations. G. Fugate explained the ACOE, state Harbors & Rivers, and colonial Harbor Commission processes. The subcommittee suggested replacing the reference to the one state predecessor agency, the Division of Harbors and Rivers, with ‘predecessor agencies’ to better reflect any CRMC predecessor agency, and also to use the term ‘authorized’ rather than ‘assented.’

Mr. Gomez seconded by Mr. Liberti moved to approve the proposed changes as revised. All voted in favor of the motion.

Item 4.A – Revise 650-RICR-20-00-1.6(R) – Maps of Water Use Categories/Bristol. G. Fugate explained the proposed water type changes to the Bristol shoreline along Roger Williams University due to the university seeking to better position both physically and prominently its recent nationally-recognized sailing program at the existing CRMC-authorizedaquacultureresearchfacility. Becausetheuniversityhadpreviouslywithinthepastseveralyears sought to locate the program at a different section of the shoreline - and had asked the council to revise its water type categories accordingly - but then never made the actual relocation, G. Fugate explained how he required the university to submit a 10-year plan for the sailing program along this now proposed section of shoreline such that the council could be better assured of the intent and uses of the sailing program and the university at this location. G. Fugate also explained the issues with possible inconsistencies with RIDEM water quality use classifications and FDA regulations; wetland/buffer issues; and, access issues, and that in order to support any such water type change the university would be required to satisfactorily address each in an easement for the area and its adjacent uplands. Mr. Liberti noted the restrictions for the management of water quality one of which would be no boats with MSDs. Chair Cervenka and Ms. Montanaro asked about the university’s sailing program generally and its association with SailUS. G. Fugate and A. DeSisto replied. Mr. Gomez asked if a new dock structure could be sited in the Type 4 water area. G. Fugate answered yes although it is staff understanding that no such structure has been contemplated. Staff offered that if this proposed water type change is approved for rule-making by the subcommittee staff would prepare and present a report to the full council at the public hearing that addresses the issues of the proposed change and potential solutions (ie: easement) that could be made by the council in its decision.

Ms. Montanaro, seconded by Mr. Gomez, moved to begin rule-making and also to have staff prepare a report that addresses the issues raised for full council consideration at the public hearing. All voted in favor of the motion.

ADJOURNMENT. Mr. Liberti, seconded by Mr. Gomez, moved to adjourn the subcommittee meeting. All voted in favor of the motion and the meeting was adjourned at 9:41 a.m.

Respectfully submitted by

Jeffrey M Willis, Deputy Director

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