CRMC, Clean Ocean Access to celebrate adopted ROW

May 22, 2008, MIDDLETOWN –Officials from the Town of Middletown, along with the Rhode Island Coastal Resources Management Council and Clean Ocean Access, will gather at a newly-designated CRMC Right-of-Way on Thursday, May 29 to celebrate the designation and the group’s adoption of the spot through the CRMC’s Adopt-an-Access Program.

Officials will visit the Tuckerman Avenue (Y-1) ROW at 10 a.m. The designation comes after a decades-long fight and consequent court battle over the right-of-way, which dates back to the late 19th century.

“The Tuckerman Avenue right-of-way is a prime public access point in Middletown, with access to the beach and serves as a great recreational fishing location,” said CRMC Chairman Michael M. Tikoian. “The 2006 court decision rightly upholds the CRMC designation, and emphasizes that it’s vital to preserve these designated public access points for all members of the public.”

The Council designated the Tuckerman Avenue spot as a right-of-way in 1981, and the abutting property owners filed an appeal of the decision. After lengthy proceedings, additional appeals and reconsideration by the CRMC a number of times, in 2006 the Supreme Court denied the abutters’ petition for writ of certiorari, upholding the CRMC’s initial designation.

Since 1978, the CRMC has had the authority to designate public rights-of-way through RIGL 46-23-17, which directs the Council to discover and designate public rights-of-way to the tidal areas of the state, to be used by all members of the general public. In order to further protect these access sites, the CRMC in 2005 created its Adopt-an-Access Program.

“Clean Ocean Access is committed to protecting, preserving and maintaining the coastal right of way at Tuckerman Avenue. Adopting Y-1 has already had positive impacts that go beyond our initial thinking,” said David McLaughlin, co-founder of Clean Ocean Access. “Simple things we do at Y-1 such as coastal cleanups a few times a year, our weekly water testing and bi-monthly surveys have really brought together a diverse group of the community to understand and value the importance of working together and protecting, persevering and maintaining the rights-of-way to our shoreline. A lot of the people involved in COA have enjoyed ocean activities along the Easton’s Point shoreline in the past and adopting Y-1 gives us the opportunity to make sure that future generations can continue to enjoy the same things in the years to come.”

The CRMC Adopt-an-Access program ensures that ROWs are maintained and protected as scenic access points that lead to quality fishing sites, to be utilized and enjoyed by the public. The adopted locations are protected from the rapid development of the coastline, and the lapse of time, which has left many other ROWs overgrown and difficult to access. Under the program, the CRMC, adoptive partner and the town in which the ROW is located enter into an agreement that permits the partner to install Adopt-an-Access signage with logos of both the CRMC and that group.

“The Tuckerman ROW is a great example of what the CRMC was tasked to do - protect the public’s right to access,” Tikoian said. “We thank Clean Ocean Access for continuing the success of our Adopt-an-Access Program, and look forward to more adoptions all over the state.”

Directions: Tuckerman Avenue, Middletown – From directions North and South: take RI-138E toward Jamestown/Newport/Bridges; then take the RI-238S ramp toward Scenic Newport. Turn right onto JT Connell HWY/RI-138A/RI-238 and continue to follow. Turn Right onto America’s Cup Ave/138 and continue to follow. Continue straight onto Purgatory Road, then turn Right onto Tuckerman Ave.

Tuckerman Avenue ROW