...to preserve, protect, develop, and restore coastal resources for all Rhode Islanders
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:
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:
Attorney DeSisto explained next steps:
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:
Anthony Palazzolo addressed the Subcommittee regarding:
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:
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