...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
ROW SUBCOMMITTEE MEETING
Tuesday, January 14, 2025; 5:00 p.m.
Administration Building; Conference Room A
One Capitol Hill; Providence, RI
MINUTES
Subcommittee Members Present
Raymond Coia, Chair
Ronald Gagnon
Patricia Reynolds
Staff Present
Jeffrey Willis, Executive Director
Laura Miguel, Deputy Director
Leah Feldman, Coastal Analyst
Anthony DeSisto, Legal Counsel
Mark Hartmann, Legal Counsel Asst
Chair Coia called meeting to order at 5:07 p.m.
1. Approval of Minutes for November 12, 2024
Motion: Mr. Gagnon
Second: Ms. Reynolds
Motion was carried on unanimous voice vote.
2. Staff Report
Mr. Willis discussed the ROW Sub Meeting Agenda for the upcoming year stating that the Spring Avenue Extension matter will be heard at every other ROW Meeting. Mr. Willis explained that there are many other ROWs to be heard and those matters would be taken up at the every other ROW Sub Meeting.
3. Status and Update on the following:
Spring Avenue Right of Way - CRMC File #2020-11-084
Attorneys Present (Spring Avenue Extension)
Randelle Boots for RI Attorney General’s Office (RIAGs)
William Conley for Town of Westerly (TOW)
Sarah O’Toole for Town of Westerly
Michael Rubin for Carolyn Contrata (CC)
Nathalie Vega for Weekapaug Fire District (WFD)
Mr. DeSisto invited the Parties for Spring Avenue Extension to update the Subcommittee.
Ms. Boots stated that a meet and confer is scheduled to discuss the proponent’s motion to compel more responsive answers from the Fire District. Ms. Boots asked that this matter be continued to the next SAE ROW Subcommittee meeting.
Ms. Vega stated that the Fire District submitted an objection to preserve that objection but that they agree with what the AG’s office said.
Mr. Conley is in agreement with continuance of motion to compel as was Mr. Rubin.
Ms. Vega stated that the Matthew Ferraro and Martha Anderson-Fiske depositions were rescheduled to January 22nd. The Save The Bay deposition is still being worked on for rescheduling. Ms. Vega confirmed for Mr DeSisto that the Fiske deposition will be on the Zoom meeting platform.
Ms. Boots stated that the AG’s office had a motion to quash the Fire District’s motion to depose a representative from the AG’s office. Ms. Boots stated that the oral arguments on the APRA litigation were scheduled for January 31. Ms. Boots asked that the Subcommittee continue the motion to quash as well.
There were no objections to the continuance from other parties.
Ms. Vega put on the record that some of the AG Office disclosed witnesses were withdrawn – Charlie Maggs and Cassius Spears. Ms. Vega stated that the AG’s office disclosed an additional witness and that the District wanted to preserve its right to depose said witness if necessary.
Ms. Boots stated that the AG’s office was voluntarily withdrawing the witnesses Charles Maggs and Cassius Spears. Ms. Boots clarified that the AG’s office does not have a new witness, just a new person who may have information on Spring Avenue. Ms. Boots confirmed that the withdrawal of witnesses will be done in writing and that they want to reserve the ability to call them if necessary.
Ms. Vega stated that the Fire District had filed a motion to disqualify and exclude the expert reports of Susan Cornacchia, and the Subcommittee had reserved its ruling on that. Ms. Vega stated that the Fire District had submitted a renewed motion on that topic. Mr. DeSisto confirmed that this would be addressed at the next ROW Subcommittee meeting for the Spring Avenue matter.
Mr. Rubin stated that he was prepared to discuss or argue the motion to disqualify at this meeting.
Mr. Rubin stated that in terms of scheduling for ROW Subcommittee, February 11th would be his preferred date as February 25th would be difficult. It was decided to bring the Spring Avenue matter back on March 11th. Mr. Willis agreed to flip the Subcommittee schedules for March so the Spring Avenue matter would be heard on March 25th.
4. Other Pending ROW matters
Mr. DeSisto stated that the next ROW matter to be hear would be the Buttonwoods Beach Association matter. Mr. DeSisto stated that he was preparing a Memo and will address the matter at the next ROW Subcommittee meeting and begin the process on this ROW matter.
Mr. Langseth addressed the Subcommittee stating that there is an issue with the Warwick City Council regarding an ordinance that appeared in the books without hearing or any process. Mr. Langseth stated that he asked the City Council to withdraw the ordinance. Mr. Langseth stated that the City Council and the City Solicitor referred him to the Planning Board. Mr. Langseth will be meeting with the Planning Director to discuss the ordinance.
Mr. Willis confirmed that the ROW Sub Meeting for April 2025 would be the second Tuesday, April 8th.
Mr. DeSisto addressed two other ROW matters in Westerly that staff is working on and will be ready for the Subcommittee to address. Everett Avenue which is a public ROW and has been confirmed by the Westerly Town Clerk. Mr. DeSisto stated that this had been addressed by the Subcommittee in the early 1990s but it never matured to designation. Mr. DeSisto stated that after the ROW Subcommittee takes a look at the ROW, it could be ready for a Public Hearing in Westerly.
Mr. DeSisto stated that the other potential ROW matter is for a road that used to be known as Meadow Lane but is now Waters Edge Road. Mr. DeSisto stated that the work for this ROW matter was done in the late 1980s with a recommendation that it is a public ROW. Mr. DeSisto stated that CRMC staff is working with the Town of Westerly.
Mr. DeSisto stated that he asked for additional information to complete both records and would like to hear both the ROW matters in public hearing.
Mr. Willis addressed the Subcommittee stating that the legislature provided CRMC with $25,000 to be used on ROW marker signs and posts. Mr. Willis stated that the signage and posts would be given to the DPWs of the Towns to install for appropriate marking.
Ms. Cordio asked if the ROW markers could be posted on both sides of the ROW path to ensure proper usage. Mr. Willis stated that it might be something CRMC could do but could only put the signage on the confines of the ROW not on the beach.
5. Adjournment:
Motion: Ms. Reynolds
Second: Mr. Gagnon
Motion carried on unanimous voice vote.
Meeting adjourned at 5:30 p.m.
Submitted by:
Lisa A. Turner