In accordance with notice to members of the RI CRMC Rights-of-Way Subcommittee, a meeting was held on Tuesday, May 23, 2023 at 5:00 p.m. in Conference Room A, of the Administration Building, One Capitol Hill, Providence, RI.

Members Present
Raymond Coia, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Anthony DeSisto, Legal Counsel
Lisa Turner, Recording Secretary

 

1. CALL TO ORDER

Chair Coia opened the meeting at 5:11 p.m.

2. Staff Report

None.

3. Spring Avenue, Westerly – status on submittal of agreed statement of facts, and facts in dispute.

Mr. DeSisto updates:

• There had not been a submittal of a Statement of Facts at this time, either agreed or disputed.
• Mr. Rubin filed a Motion to Intervene on behalf of Caroline Contrata

Attorney Michael Rubin addressed the Council with updates:

• Confirmed that he had filed an Entry of Appearance and a Motion to Intervene on behalf of Caroline Contrata.
• With the acceptance of the Motion to Intervene, it would enable him to reach a statement of facts. Securing the title expert for his client would be imminent.
• Asked that documents be requested from the Town of Westerly through Mr. Conley, Westerly Town Solicitor.
• Would like to depose lay witnesses to perpetuate their testimony. They cannot appear in person as they are infirm or live out of state.
• Late July would be the earliest for him to be ready to meet for Statement of Fact, maybe in the fall based on scheduling.
• Renewed motion for the Council to subpoena the head of the fire district.
• Motion to notify the Hoffman family of Connecticut – Spray Rock Realty Trust as they have an interest in the ROW through land ownership.

Mr. DeSisto and Mr. Rubin discussed the rules of evidence and rules of civil procedure. Mr. Rubin expressed concern that the Fire District does not take the position of following specific procedures and that going through superior court would be something to do out of an abundance of caution

Mr. DeSisto stated that the Subcommittee could accept affidavits of people with knowledge as prohibitive evidence. Mr. Rubin stated that affidavits are persuasive but not totally binding and that the court take a different view of them. Mr. Rubin reasserted his inclination to do a deposition.

Mr. DeSisto stated that Mr. Rubin had three pending motions.

Joseph Farside and Alex Lansing with law firm of Locke Lord, were present, along with Thomas Liguori, on behalf of the Weekapaug Fire District (WFD). Mr. Farside addressed the Subcommittee stating that he and his Co-Counsel from Locke Lord were new to appearing before the Council. Mr. Farside stated that he does not view a hostile posture but is obligated to client to follow the process.

Mr. Farside added, for the record, that there was no one present on behalf of the Town of Westerly.

Mr. Farside assured the Subcommittee that the WFD were open to working with Mr. Rubin and Mr. Conley.

Mr. Farside stated that they had been working on the Statement of Facts and the document is currently 7 pages.

Mr. Farside stated that he would speak with Mr. Rubin on Wednesday or Thursday regarding the names of individuals for interaction.

Mr. Farside stated that on behalf of his client, he looks forward to working with the Town of Westerly and with Mr. Rubin and is also interested in streamlining the process.

Mr. DeSisto confirmed for Mr. Farside that the petitioner for the ROW was the Town of Westerly and the respondent is the WFD. Mr. Farside agreed that he would resolve the Motion to Intervene concerns with Mr. Rubin as he is asking for time to interpose an objection on behalf of WFD.

Mr. Liguori addressed the Subcommittee on behalf of WFD asking that the Subcommittee make the determination of the status of the Right of way.

Mr. DeSisto stated that the Town, as the Petitioner, has not taken a stand that the end of Spring Street is a public ROW. Mr. Rubin asserted on behalf of Caroline Contrata that the end of Spring Street is a Public Right of Way.

Mr. DeSisto stated that Mr. Rubin’s clients want to intervene to preserve the rights of the public.

Mr. Farside stated he would like to have a conversation between the attorneys as they had only received the Motion to Intervene the day before.

Public Comment:

Ben Webber addressed the Subcommittee requesting that the Subcommittee follow a procedure that can be understood by the general public. Mr. Webber expressed concern that the general public was not being represented. Mr. Webber expressed concern that meetings were being held by attorneys without the public being present.

Mr. DeSisto confirmed that the public has a standing in and of itself through the public hearing process. The public hearings will be held in Westerly and the public can speak and give evidence. Mr. DeSisto stated that Mr. Rubin was working on behalf of his client, a member of the public.

Mr. DeSisto read a part of a letter sent by the Attorney General Peter Neronha and stated that the AG has had contact with CRMC, has an interest in the matter, and may take a more formal stance in the future.

Richard Langseth, of Budlong Farm Road, Warwick addressed the Subcommittee and stated that they appreciated the WFD attending. Mr. Langseth stated that members of the public brought the information to CRMC before the Town of Westerly was involved and if the Town of Westerly does not want to be involved, the public hearings should continue. Mr. Langseth stated that it was important to bring in the Hoffmans especially if the committee finds that there may be an abandonment. Mr. Langseth stated that the Hoffmans are more than an interested party as they are owners along with the WFD. Mr. Langseth stated that September would be a good time to start hearings as the remainder of the summer would be difficult for everyone.

Anthony Palazzolo addressed the Subcommittee stated that while he is an attorney, he does not practice in RI and does not represent anyone in RI. Mr. Palazzolo stated that he has never taken a penny on ROW work and that he shares concerns with Ben Webber. Mr. Palazzolo stated that there would not be a Spring Avenue investigation without the outcry from the public and that members of the public worked on and produced the timeline for this ROW which is why the town is now involved and asked CRMC to take up the matter. Mr. Palazzolo expressed concern that the Town of Westerly Solicitor has mishandled this matter. Mr. Palazzolo thanked Mr. Rubin for his part in bearing some of the burden. Mr. Palazzolo asked that Mr. Rubin’s motions be taken seriously.

Mr. Palazzolo asked Mr. DeSisto if the Subcommittee should be following the rules of the Superior Court on this. Mr. Palazzolo stated that he had read through normal procedures for these hearings which are much less strict and would object to strict adherence to rules of superior court.

Anthony DeSisto answered that originally the request came to CRMC from the town asking for a determination rather than petition for us to see what is. Mr. DeSisto stated that CRMC had received more documentation on this one than any other ROW. Mr. DeSisto stated that because there are attorneys involved in this matter, CRMC must make sure that procedurally, everything is done properly.

Mr. DeSisto advised the Subcommittee to hold on two motions that Mr. Rubin has and asked that the Subcommittee give the WFD an opportunity to object to the motion to intervene and the motion to preserve evidence by way of deposition. Mr. DeSisto stated that the third motion aligns with what procedures are and the practice of the CRMC – adding the Hoffmans/Spray Rock Trust to the notification list.

Mr. DeSisto stated that the Agreed Statement of Fact is designed to streamline the process not string it out and advised the Subcommittee to ask for a written statement of facts.

Chair Coia stated that the Subcommittee would continue motions 1 and 2 to next meeting and to take up the motion on notice to the Hoffmans/Spray Rock Trust.

Mr. Willis stated that the next ROW Subcommittee Meeting would be held on June 27th, (4th Tuesday of the month).

Mr. Gagnon motioned that we grant motion to notify direct abutter Spray Rock Tr and continue two motions to next meeting. Ms. Reynolds seconded the motion.

Chair Coia polled the Subcommittee:

Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Coia Aye

Motion approved.

Meeting Adjourned at 5:58 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

 

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