ROW SUBCOMMITTEE MEETING

Tuesday, January 23, 2024; 5:00 p.m.

Administration Building; Conference Room A
One Capitol Hill; Providence, RI

MINUTES

1. Approval of Minutes for November 28, 2023

Motion: Mr. Gagnon motioned to approve the minutes of 11-28-2023.
Second: Ms. Reynolds seconded the motion.
Motion was carried on unanimous voice vote.

2. Staff Report — None

3. STATUS Updates

Spring Avenue Right of Way — CRMC File 2020-11-084

Mr. Farside for Weekapaug Fire District updated the Subcommittee on behalf of the parties involved, stating that depositions have been ongoing, expert reports have been exchanged and rebuttal reports are now starting to be exchanged. All parties have continued to work towards the advancement of the Schedule that is in place. Mr. Farside stated that some deadlines have not been met but that it was due to the nature of the breadth of the matter.

Mr. Farside also stated that a pending lawsuit that the Fire District commenced against interested parties and the Council - filed in December 2023 - seeking to acquire title as to the Spring Avenue Extension parcel. It is intended to bring this to a faster and more final resolution. The Fire District has not moved in Court for an order requiring the Council to do anything different in the meantime in the form of preliminary injunction.

Ms. Carney of the Attorney General’s office stated that is the status as they know it. There is an updated schedule that should be submitted to the Council. The AG’s office has submitted a motion to dismiss the lawsuit in Superior Court.

Mr. Rubin was in agreement with the status update but added that there is more to lawsuit than acquiring the title.

Mr. Conley was in agreement with the status update.

Mr. DeSisto agreed that there was more to the lawsuit but that he also agreed that it would not impair what the subcommittee was doing. Mr. DeSisto stated that the Subcommittee should continue along the normal course.

Buttonwoods Right of Way — CRMC File 2019-03-119

Mr. Langseth addressed the Subcommittee stating that he would like to engage with the Buttonwoods Fire District to create a Common Agreed to Facts list.

Peter Dorsey and Doug Rademacher were present for the Buttonwoods Beach Association.

Mr. Dorsey addressed the Council stating that the matter of the street status in this area had been through Superior Court, RI Supreme Court and the Attorney General’s office and that all three entities have concluded that the streets are private.

Mr. Dorsey explained that they would like to know what is perpetuating the ongoing of the case.

Mr. Langseth explained that going back to 1871 where the beach association dedicate the roads to public in an insipient dedication and then in 1925 they petitioned the general assembly legislature for the creation of a Fire District who took over the roads and they have maintained them ever since.

Mr. Langseth asked the Subcommittee to direct the situation so that they could sit down and put together a Common Agreed to Fact List.

Mr. Dorsey stated that most of the documents are in the file but the full case files will be sent.

Mr. Langseth stated that there are many facts that Mr. Dorsey is presenting that he does not agree to and would like to have a list of facts that they all agree to before going forward.

Mr. DeSisto explained that under R.I. Gen. Laws § 46-23-6.5 the Subcommittee designates the ROW to the shore which is embodied when a request is submitted. Mr. DeSisto confirmed that the matter is not new to the subcommittee. Mr. DeSisto stated that Mr. Langseth is asking for determination either way so they can move along.

Mr. DeSisto suggested that the Subcommittee authorize through a motion for Legal Counsel to gather the materials together that they have to date just by way of background to see where this matter stands and it can be handled in an orderly and expeditious manner. We can do that while Weekapaug moves forward.

Mr. Langseth stated that he had other information that he would like to submit at some point.

Mr. Gagnon motioned that the subcommittee will gather the information that they have to date, that has been forwarded over the last six years, and Legal Counsel will summarize the information so that the matter can proceed expeditiously.

Ms. Reynolds seconded the motion.

The motion carried on a unanimous voice vote from Chair Coia, Ms. Reynolds, and Mr. Gagnon.

Chair Coia and Mr. DeSisto stated that once all the information is gathered, summarized and shared with all parties, additional information can be submitted.

4. Adjournment:

Motion: Ms. Reynolds
Second: Mr. Gagnon
Motion carried on unanimous voice vote

Submitted by:
Lisa A. Turner

Recording can be viewed on CRMC YouTube page https://www.youtube.com/watch?v=VktAoCKEm8s

CALENDAR INDEX