ROW SUBCOMMITTEE MEETING

Tuesday, July 22, 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 5:09 pm.

1. Approval of Minutes for June 10, 2025

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

2. Staff Report

None.

3. Spring Avenue Extension

• Status on Superior Court Decision from Judge Raspallo – APRA Litigation
• WFD Motion for Summary Judgement

Court Excusal for Asst Attorney General Rondelle Boots this week -- matter continued.

4. Buttonwoods ROW – (matters continued from April 8, 2025)
Richard Langseth
Christopher D’Ovidio

Atty DeSisto addressed the Subcommittee explaining:

• a Summary Judgement Motion was filed by Mr. Langeth.
• The issue is whether or not the matter should be sent to public hearing in the City of Warwick for public testimony from community.

Atty D’Ovidio asked to confirm the procedure:

• All evidence and testimony gathered
• Legal staff will prepare a report for the Subcommittee on whether
  adequate/sufficient evidence has been established to proceed to a public hearing

Atty DeSisto stated that the procedure as presented by Atty D’Ovidio was accurate but that the record would not be complete until the public has had the chance to speak in the host community.

Atty DeSisto stated that there was only argument this evening regarding Summary Judgement motion.
Mr. Langseth made his opening statement and arguments, reading each numbered point culminating in such that he stated the Buttonwoods Beach Association intended to dedicate the streets to the public through incipient dedication based on deeds stipulations, plat maps in the land evidence records, and publicly used buildings and structures with the acceptance from the Buttonwoods Fire District.

In closing, Mr. Langseth asked that the Subcommittee find the BBA dedicated the streets and parks at Buttonwoods are public and asked that the staff prepare for public hearing.

There were no questions for Mr. Langseth.

Atty D’Ovidio began his counter argument with the explanation of how a public road is established, stating that there must be a dedication and an official act of acceptance by the local municipality. Atty D’Ovidio stated that acceptance by the municipality did not happen and that he Buttonwoods Fire District did not have the jurisdictional authority to accept a public road.

Atty D’Ovidio also argued that the deeds are not in evidence; there is no reliable evidence that there was a public post office, and, the hotel was not specifically open to the public, it required a reservation. Also, there was official action acceptance by the Town of Warwick.

Attorney D’Ovidio presented that there is evidence in the record from the City Solicitor indicating that the roads are private; the City of Warwick has an ordinance stating the roads are private; and the RI Atty General’s opinion that the roads are private.

Attorney D’Ovidio stated that it was not (and is not) the position of the BBA that these roads are public.

Reserve time for rebuttal.

Atty DeSisto stated that he and Atty Hartmann would prepare a report for the subcommittee, circulate it to the parties ahead of time, along with a recommendation as to whether or not this particular right-of-way proceeds to the next step which would be a public hearing in the City of Warwick.

Ms. Reynolds motioned that the ROW Subcommittee rely on CRMC legal advisors to review the information provided and prepare a report to provide back to the Subcommittee to base a decision on.

The motion was seconded by Mr. Gagnon.

Chair Coia called a Roll Call vote:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

5. New Business:

Request from public to open files for review for CRMC Public ROW:

Request that CRMC Designate Noyes Neck Road, Westerly, RI as CRMC Public ROW

Request that CRMC Designate Breach Drive, Westerly, RI as CRMC Public ROW

Request that CRMC Designate Atlantic Avenue, Westerly, RI as CRMC Public ROW

Mr. Willis presented to the Council that three requests had been received by CRMC on potential ROW matters to be researched and added to the Queue to be taken up in the future by the ROW Subcommittee.

Atty DeSisto stated that he had reviewed the documents and suggested that they be taken up for thorough review.

Anthony Palazzolo and Attorney Sarah O’Toole, City Solicitor for Westerly was present

Ms. Reynolds motioned for the three requests to be added to the potential ROW queue. The motion was seconded by Mr. Gagnon.

Chair Coia called a Roll Call vote:
Mr. Gagnon Aye
Ms. Reynolds Aye
Chair Coia Aye

4. Adjournment:

Motion: RG
Second: PR
Motion carried on unanimous voice vote.

Meeting adjourned at 6:05 p.m.

 

Minutes respectfully submitted,
Lisa A. Turner, Recording Secretary

 

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