In accordance with notice to member of the Rhode Island Coastal Resources Management Council, Rights-of-Way Subcommittee, a virtual meeting was held on Tuesday, March 23, 2021 at 9:30 a.m. utilizing Zoom Webinar, and Council members participating remotely.

Members Present
Jennifer Cervenka, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Anthony DeSisto, Legal Counsel
Kevin Cute, Coastal Policy Analyst
Lisa Turner, Office Manager, Recording Secretary
Ryan Moore, Moderator
Laura Dwyer, Information and Education Coordinator

CALL TO ORDER

Chair Cervenka called the meeting to order at 9:35 a.m. and identified the participants of the meeting, Council Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING:

Tuesday, January 26, 2021

Ms. Reynolds asked for two corrections to the ROW Subcommittee minutes of January 26, 2021

• Page Two; fifth paragraph: The work “information” should be “informational”
• Reference the full name of “Becky from the Town of North Kingstown”
  • Rebecca Lamond, North Kingstown Planning Department

Ms. Reynolds motioned to approve the ROW Subcommittee Minutes of Tuesday, January 26, 2021 with changes.

Mr. Gagnon seconded the motion.

Motion carried.

Tuesday, February 23, 2021

Mr. Gagnon motioned to approve the minutes of the ROW Subcommittee of Tuesday February 23, 2021. Ms. Reynolds seconded the motion but would abstain from the vote as she was not present at the meeting. Motion carried to approve minutes of 02-23-2021 based on positive votes from Chair Cervenka and Mr. Gagnon.

3. Staff/Legal Counsel Report:

Mr. Willis updated the Subcommittee regarding:

• Section 309 of NOAA partnership program 5 yr enhancement strategy regarding Public Access
  • Raising Awareness
  • Researching new perpendicular access to the shore
  • Coordination with other State Agencies and find ways to elevation Public Access
• Kevin Cute, CRMC will be researching transportations aspects of access to shore
  • Within walking distance
  • Along public transportation routes
  • Creating parking availability at ROW
  • Working with Attorney General’s office, State Properties Commission to identify locations within CRMC Jurisdiction.
  • An agreement in place with DOA for the designation of parking
  • A map is being created for project to scope out parking areas that have no significant value that can be delegated for public access
• Anthony DeSisto, CRMC Legal Counsel updated on several ROW that are in the queue for research and designation
  • Providence – Public Street
  • PORTSMOUTH
    • Beach Street ROW
    • Cedar Avenue ROW
    • Fountain Avenue ROW
    • All three in same plat
    • East Power Street ROW is on the Sakonnet River; and
    • Corey’s Lane ROW leads to Narragansett Bay
    • Presented to CRMC by Town Planner several years ago
    • Julia Wyman, RWU law school, reached out to do legal review on these two which was completed and shows clear titles
    • Ready to be considered by ROW subcommittee for potential designation
• Buttonwoods in Warwick has had significant research done and CRMC was given quite a bit of information on this potential ROW by the members of the Buttonwood community although there are still legal issues that need to be sorted through
• Mr. DeSisto recommended that Providence and Portsmouth move forward to Subcommittee
  • Portsmouth review process status
  • Signage is there and ROW’s are authorized for use but needs declaration from CRMC
    as designated ROWs
  • Public Hearing to be held using Zoom platform
  • Additional items will be discussed with Mr. Cute that will be needed for Portsmouth
    designation
  • Information for the constitution of title search
  • Mr. DeSisto will have a report ready for Portsmouth ROWs for Public Hearing for all
    five Portsmouth ROW with research from Roger William University Law Fellows
• Chair Cervenka agreed and stated that the CRMC Portsmouth representative should be part of the subcommittee
• Mr. DeSisto recommended a hearing in late May

3. Staff Presentation on Requests to Designate ROWs

Kevin Cute, All things ROW

Mapping of potential designated ROW

4. Chair Cervenka opened the meeting for public comment:

Hearing no comments from the public, Chair Cervenka closed public comment.

Motion to direct staff to begin arranging for Public Hearing on Portsmouth ROW – Coordinate with Portsmouth Town Officials

Motion to have complete research and generate report of 5 ROW Portsmouth Ms. Reynolds motioned with a second by Mr. Gagnon
Motion carried

Motion to direct staff of coordinate with Town of Portsmouth for Public Zoom meeting to take evidence on 5 Portsmouth ROW
Mr. Gagnon motioned with second by Ms. Reynolds
Motion carried.

PUBLIC STREET ROW -- PROVIDENCE

• Chair Cervenka recused herself due to title issue involving current client. Signed off from the meeting.
• Mr. DeSisto gave a brief description of Public Street as a ROW in City of Providence
  • Appears that the public ROW extends to the shore of the Providence River
  • ROW that has received strong support from Councilman Espinal from Ward 10 as well as city itself
  • Has support from Save The Bay
  • Need one last piece of information and then will be ready to write a report
  • This area is underserved for public access
  • Crosses over Allen’s Avenue and appears to extend to shore
  • One issue that does not impair – title issue as to one of the boundaries of Public Street
  • Information from AGs office on this but needs more information from City of Providence
  • Will confirm that the information they have on that source that the Public ROW extends to the shore
  • Ask for same two motions
• Directed to complete research and prepare report
• Set matter down for public hearing with City of Providence – statutory requirement can be same time table as Portsmouth.
• Mr. Cute asked for a provision for parking at this ROW
  • Public users will have to drive or ride a bike to get there.
• Mr. DeSisto stated that based on the width, it could be possible that parking could be accommodated without impairing pedestrian traffic to the shore. Will check to see if it could be permitted based on the parking regulations with the City of Providence
• Ms. Reynolds agreed that parking would be very beneficial as well as the installation of bike racks
• Mr. DeSisto stated that CRMC would need to work in conjunction with the City as there may be
  an underlying fee that will lay with the City of Providence
  • Discussion on area to be affected by additional parking
• Chair Reynolds opened the meeting for public comment:
• Grant Dulgarian via phone call (comments about using zoom platform)
  • As this is an industrial zone, he asked that CRMC encourage bike parking and not auto parking
  • Asked about other ROW’s in Providence for designation
  • Mr. Cute explained that research was being completed on Providence ROW East Transit Street and that DEM was hoping to be awarded funding for boat launch
  • Mr. Cute encouraged public participation in this area
• Mr. Gagnon made a motion for Mr. DeSisto to continue research on Public Street ROW and report to ROW Subcommittee at future meeting
  Ms. Reynolds seconded the motion.
  Motion carried
• Ms. Reynolds made a motion to direct staff to set up meeting for Public Hearing on ROW
  Mr. Gagnon seconded
  Motion Carried

Ms. Reynolds motioned to adjourn with a second by Mr. Gagnon.
Meeting adjourned at 10:30 a.m.

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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