ROW SUBCOMMITTEE MEETING

Tuesday, February 11, 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
Anthony DeSisto, Legal Counsel
Mark Hartmann, Legal Counsel Asst

 

Chair Coia called meeting to order at 5:05 p.m.

1. Approval of Minutes for January 14, 2025

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

2. Staff Report

None.

3. Status and Update Presentation:
-- Buttonwoods ROW – Andrew Comstock Road, Warwick – CRMC File 2019-03-119

Richard Langseth addressed the Subcommittee regarding the following continuous history of Buttonwoods Avenue to the shore:

• The King’s map from the 1700s was used in recent Federal Supreme Court cases are relevant and that the map shows Buttonwoods Avenue as a royal highway to the sea in 1779.
• Comprehensive Plan of the City of Warwick, which identifies Buttonwoods Avenue as a collector highway all the way to the sea.
• Public Acceptance by the State of Rhode Island and the State Highway Commission in 1912 by publishing Buttonwoods Avenue as highway to the sea which is in the RI DOT archives.

Douglas Rademacher, President of the Buttonwoods Beach Association (BBA) addressed the subcommittee regarding evidence submitted to the Subcommittee by the BBA from the RIAG’s office and the Supreme Court as well as documents from the City of Warwick that supports the BBA that the street is private. The BBA did not have additional information to submit.

Attorney DeSisto addressed the Subcommittee with an update stating:

• Large quantity of written materials researched and submitted on this matter which needs to be distilled out for Subcommittee review.
• CRMC Legal Counsel is drafting a Memorandum for the Subcommittee.
• Next step is to decide if there will be a public hearing on this particular ROW which would be held in the City of Warwick, preferably at the Warwick City Hall.
• There are legal issues and factual issues that need to be addressed on this matter.
• Suggested that the Subcommittee vote to get a memorandum summarizing the arguments on both sides and the evidence on both sides of this issue.

Attorney DeSisto explained next steps:

• Memorandum from Legal Counsel to Subcommittee which can be done in a month
• Final presentation from both sides after Memorandum
• Vote on public hearing

Mr. Willis informed the Council that the next ROW Subcommittee Meeting for Buttonwoods would be in April (2025).

Attorney DeSisto agreed to provide the Memorandum to both parties within one month.

Mr. Gagnon motioned for Legal Counsel to have Memorandum completed within one month. Seconded by Ms. Reynolds.

Chair called roll call vote:
Ms. Reynolds Aye
Mr. Gagnon Aye
Chair Coia Aye

Mr. Gagnon’s motion carried.

4. Status and Update Presentation on ROW Designation – for Action:
-- Everett Avenue, Westerly

Attorney DeSisto addressed the Subcommittee stating:

• There is a packet of materials dating back to the 1970s
• On June 30, 1980, in the Westerly Town Hall, the CRMC ROW Subcommittee held a public hearing on Everett Avenue and other ROWS in the Town of Westerly.
• Then CRMC Legal Counsel, Alan Goldman and Title Attorney John Lallo, gave their opinion that Everett Avenue was a public right-of-way to the Shore
• The ROW Subcommittee vote that night to recommend that it be designated as a CRMC ROW to the Shore.
• For reasons that have not been able to be ascertained from the records, this ROW matter was never completed.
• Attorney DeSisto reviewed all of the materials from that timeframe and agree with the original assessment that Everett Avenue should be a CRMC ROW to the shore.
• Correspondence has been received from the Town of Westerly stating that the Town considers Everett Avenue to be a public ROW and a public ROW to the shore.
• Testimony from 1980 indicates that the public also believed that Everett Avenue was considered to be a ROW and a public ROW to the shore.
• CRMC Legal Counsel stated that a public hearing did not need to be held as there was one in 1980.

Anthony Palazzolo addressed the Subcommittee regarding:

• Explained his access advocacy background and research on ROWs
• The majority of the documentation in the CRMC Everett Avenue ROW file is from
  him with a few pages from the Town of Westerly asking for the ROW matter be
  taken up by the Subcommittee.
• Through research of CRMC files, the notes in the files indicate that the full Council
  did approve this and several other ROW in January of 1980 (? – see Attorney
  DeSisto bullets).
• In August of 1980, the Chair made a motion that several ROWs be withdrawn from
  designation and put into a different status – uncertain or to be determined. The file notes indicated that this was done in order to provide landowners more time to provide relevant evidence.
• Encouraged the Subcommittee to adopt Everett Avenue as a State-designated ROW

Attorney Sarah O’Toole, Assistant Solicitor for the Town of Westerly, addressed the Subcommittee and stated that as a representative of the Town of Westerly, they are in agreement with Attorney DeSisto on the travel of this matter.

Attorney Robin Main, of Hinckley Allen, and representing David Roth, abutting property owner along Everett avenue, addressed the Subcommittee regarding:

• Asked the Subcommittee to hold another Subcommittee hearing on this matter as
  they do not believe there is a Public ROW that extends to the Mean High Water mark.
• 1890 deed of dedication does not indicate whether all of Everett Avenue was accepted by the Town and that the articles in the file speak of roadwork but does not specify if the roadwork extends all the way through.
• Aerial photographs and maps and other materials show that the Everett Avenue does not extend all the way to the waterline creating a significant question of acceptance.
• Asks that the Subcommittee allow Mr. Roth and others to provide evidence.
• Subcommittee work done 45 years ago does not provide a fair platform for current
  residents in the area to provide information.
• Would like to bring a title attorney to provide scale of information to the
  Subcommittee.
• Asked to provide information and have time to present at the April ROW meeting.
• Has not seen memos from CRMC concluding that Everett Avenue is a public ROW.

Ms. Reynolds asked when Mr. Roth became owner of property. Ms. Main did not know if Mr. Roth had lived there since the 1980s but could find out.

Attorney DeSisto asked if Attorney Main had any indication that there had been changes on Everett Avenue since 1980. Attorney Main stated that she would need to research all of the documentation that had been discussed in order to make that determination.

Chair Coia stated that he would like the Subcommittee to afford Attorney Main and Mr. Roth the opportunity to present to the Council.

Attorney DeSisto stated that he thought there was ample evidence to support what the Subcommittee and Council did 45 years ago, and he suggested that this come back to the April ROW Subcommittee meeting and be put down for approval to be sent to the full Council. Attorney DeSisto also suggested that a deadline for information to the contrary of the Subcommittee decision in 1980 be submitted. Attorney DeSisto also suggested that the information submitted by Mr. Palazzolo become part of this record. Attorney DeSisto stated that there is evidence from the Town of Westerly that indicated that the road was an accepted road.

Attorney DeSisto confirmed for Ms. Reynolds that the same Council that made the vote to approve Everett Avenue as a public ROW the also approved the vote to give abutters more time.

Attorney DeSisto also stated that he was reviewing what happened at the Subcommittee level in 1980 and he believes that the Subcommittee followed all of the required steps.

Attorney DeSisto suggested putting it on the agenda for approval as there is sufficient evidence, no other research needs to be done and if Attorney Main submits more information, the subcommittee can make a decision at that time.

Attorney O’Toole confirmed for Ms. Reynolds that the Town of Westerly is comfortable with the decision that was made in June of 1980 and that the Town if looking forward to the final step from the CRMC To have this officially labelled as a designated and accepted ROW.

Mr. Palazzolo asked if he could submit additional evidence. It was suggested that they give it to Lisa Turner for part of the record.

Mr. Palazzolo stated that he agreed with Attorney DeSisto’s analysis and recommendation.

Attorney Main asked if her client could submit evidence into the record as well and it was confirmed that new evidence could be submitted.

Attorney Main asked if there would be public comment allowed, and it was stated that the decision for public comment would be up to the Subcommittee.

Attorney DeSisto reiterated his suggestion that the Everett Avenue ROW should be added to the April 8th ROW Agenda as Discussion and Possible Approval of the Everett Avenue ROW.

Attorney DeSisto suggested that all evidence and memorandum be submitted on this subject by March 8th.
Attorney O’Toole asked to be included in the submittal of any legal memorandum so that the Town of Westerly could submit rebuttal by March 22.

Town of Westerly – submit rebuttal by March 22

Mr. Palazzolo asked if the subcommittee would consider Waters Edge Road in conjunction with Everett Avenue

Ms. Reynolds motioned to set the matter down for discussion and possible approval at the April 8th meeting and that any memorandum or evidence for or against the matter be submitted by March 8th so that the Town of Westerly can respond by March 22nd. Seconded by Mr. Gagnon.

Chair called roll call vote:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

Ms. Reynolds motion carried.

5. Adjournment:

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

Meeting adjourned at 5:47 p.m.

 

Submitted by:
Lisa A. Turner

 

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