MINUTES
THE RIGHTS OF WAY SUBCOMMITTEE
COASTAL RESOURCES MANAGEMENT COUNCIL

DATE: July 13, 2009

TIME: 5:47 p.m.

PLACE: Department of Administration, Conference Room B

PRESENT: Chairman Lemont, and member Bruce Dawson, Legal Counsel Brian Goldman.

The meeting convened at 5:47. Present was Chairman Lemont, member Bruce Dawson, Legal Counsel Brian Goldman and CRMC Director Grover Fugate.

AGENDA:

1. Howard Wharf, Newport, RI. Legal Counsel updated the Subcommittee about the ongoing litigation between the City of Newport and a liquor licensee on Howard Wharf. Legal Counsel advised the Subcommittee that the City of Newport had limited the area upon which liquor could be served adjacent to Howard Wharf because it infringed upon the public right-of-way. Legal Counsel advised the Subcommittee that he appeared at a DBR hearing on behalf of CRMC to intervene in the matter to protect the metes and bounds of the rights-of-way, and the motion to intervene was pending. The Subcommittee asked that it be kept informed of the ongoing litigation.

2. East Transit Street, Providence, RI. Legal Counsel advised the subcommittee that it had received correspondence from RIDEM regarding the status of the proposed parking area and boat launching ramp. Essentially the project was on hold because although RIDEM had money allocated to perform the project when they did some test borings on the site, it was determined that the site was contaminated and the costs required to perform the clean-up exceeded available funds. The RIDEM and the City of Providence continue to look for other funds to perform the clean-up. Until such time as they obtain those funds the
remainder of the project is on hold. The Subcommittee asks that Legal Counsel report back on the status within 12 months.

3. Rocky Hollow Road, East Greenwich, RI Legal Counsel advised the Subcommittee that he had inquired from the Town Solicitor what the position of the Town was regarding the structure and marina encroaching and/or adjacent to the CRMC designated right-of-way. The CRMC has not received a response back from the town. The Subcommittee asked that when a response was received that the Subcommittee be updated.

There being no other business before the Subcommittee, the Subcommittee adjourned at 5:57 p.m.

Brian A. Goldman, Esq.
CRMC Legal Counsel

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