Minutes

Rights of Way (ROW) Subcommittee Meeting — Tuesday, June 29, 2021; 5:30 p.m.
Zoom Meeting

 

In accordance with notice to members of the RI CRMC Rights-of-Way Subcommittee, a virtual meeting was held on Tuesday, June 29, 2021 at 5:30 p.m. utilizing Zoom Meeting, and ROW Subcommittee members participating remotely.

Members Present
Ronald Gagnon, RIDEM, Chair
Trish Reynolds
Don Gomez

Excused:
Jennifer Cervenka, Chair

Staff Present
Jeffrey Willis, Executive Director
James Boyd, Deputy Director
Anthony DeSisto, Legal Counsel
Leah Feldman, Coastal Policy Analyst
Ryan Moore, Moderator
Laura Dwyer, Public Information and Education Coordinator
Cindy Tangney, Court Reporter
Lisa Turner, Recording Secretary

1. CALL TO ORDER

Public Street Right of Way Public Hearing Subcommittee Chair Gagnon called the meeting to order at 5:30 p.m. and identified the participants of the meeting, Subcommittee Members, Staff members, and applicants. The Chair stated that the meeting would be recorded.

2. Ryan Moore, Meeting Moderator, briefed participants on the meeting housekeeping items.

3. Staff Introduction of Public Street ROW

Ms. Feldman gave a brief history of the Public Street ROW stating that Public Street which is positioned vertical to Allen’s Avenue is a public street and supported by neighborhood associations and other user groups within the City of Providence.

Mr. DeSisto explained that a title search was conducted by himself and with the outstanding help of City of Providence staff, in particular David Everett and Leo Perrotta as well as Greg Schultz, of the Attorney General’s office.

Ms. Reynolds asked about the issue of encroachment from lots 323 and 325. Mr. DeSisto stated that the based on documents that have been received the encroachment has been resolved.

4. Public Testimony

David Everett, City of Providence, Principal Planner, Dept of Planning and development – working with the Harbor Management Commission and have had many discussions on the public access to the water.

• Very little access to the shore in this area and focused on Public Street to be the first one.
• Encroachment has been removed
• Still functional shared use road as well as ROW to shore
• Support from Save The Bay
• Washington Park Association
• Active clean-up of the area
• Support from the Attorney General’s office
• Support from RIDEM
• Research from City of Providence incremental in making this possible
• Important to provide access in City where access is very limited in underserved communities
• Thanks CRMC
• Councilman Espinol

Leo Perrotta, Public Works Director

• Thanked his staff for their work in providing documents on ROW
• Gave history of the street over the history of the street
• Goes all the way to the coastal line
• Public Street is a city accepted street

Greg Schultz, Attorney General’s Office

• Support of the CRMC’s subcommittee review and recommendation that the Public Street ROW from Allen’s Avenue to the shore should be designated as a row
• IRAG’s strongly supports ROW to Providence Waterfront
• Public Street has always been access to water as shown in current and historical maps and 1876
• Title to abutting properties to row and fully agree with TD writings and reporting on this matter
• Title issue – minor glitch – properly spelled it out, lot 325 deed transferred from RIDEM to Connelly
• RI AG’s office
• Many urban ROW have been lost historically and important that the ones that exist be protected
• Short walk for many local communities that will benefit from this
• Included in record
  • Report
  • Maps (historical)
  • Comment Letters, Espinol, Wash Pk, South Providence neighbor, letter from AGs dated 10/14/2020 and 11/9/2020 airway leasing owner of 325 demanding encroachment that were in place be removed and they were removed – clear delineation of ROW exists now.

Eugenia Marks

• Resident of Providence, member of Harbor Management Commission
• 35 years of Audubon Society, President
• Public St was cleaned by group in 1990’s and later by Save The Bay
• Evidence of use of shore and its resources as street ended at the tide line – affirm public use of the land
• Use of site of public access has been occurring for many years
• Familiarity with the neighborhood through working in South Providence area; putting together a walking school bus and also taking Spanish classes, tutoring at Fogarty school
• Public Street provides direct connection to the bay
• Nearby public access at collier point does not offer the same direct access

Jed Thorpe, Save The Bay

• Advocacy Coordinator
• Support of this ROW designation
• Expressed appreciation to City of Providence
• Save The Bay’s position is to improve and protect the Bay
• Support CRMC’s goal for one row for every mile of the state
• ROW designation in this area is straightforward
• Asks that CRMC formally recognize the existing use of the ROW
• Recognition and designation of Public Street by CRMC is appropriate.
• Two volunteer shoreline clean ups
• Dedicated to improvement of this site

Linda Perri

• Expressed appreciation to all involved
• South Providence is severely land locked; and hopefully, this will give much needed access to the water
• Collier park was closed and people are frantically looking for place to fish
• Hope this will be the first of more than one access in south providence.

Susan Gorelick

• Founded Coalition center for environmental accessibility
• Public access gives the community opportunity to enjoy the environment
• Opportunity to empower the community and address environmental justice
• Look forward to this moving forward so community can rebuild relationship with water body

Sam Coren

• Resident of Providence – son lives on Eddy Street
  Important for people to be able to experience the natural waterfront area
  Create an opportunity for people living in the neighborhood to have ahand with what happens at
  the site

Doug Victor

• Chair, Elmwood and South Providence neighborhood crime watch
• Resident for 36 years (South side)
• Officially declaring this area Public ROW will improve the quality of life for residents of the South side
• Shoreline was used by native Americans well before the meeting of 1876; this also could be seen as a move in the right direction to restore people’s rights to the shore

Josh Parks, Esq

• Attorney representing SMM New England Corporation
• Functioning and thriving port in Providence
• SMMS deals with recycling of scrap metal
• Trucks and heavy traffic along Allen’s Ave and Public Street area
• Waters off Public Street are designated as Type 6 waters (Industrial)
• Asks that Subcommittee take historical uses into account and respect all uses of this area
• Glad there is interest in Providence working waterfront
• Mr. Parks confirmed for Mr. DeSisto that his statement was not a formal objection

No further comments were heard
End of public testimony

Mr. DeSisto gave an explanation of ROW process:

• Research into public access
• Public hearing
• Subcommittee recommendation written by CRMC legal counsel
• ROW Subcommittee formally votes for Subcommittee Recommendation to be sent to Full Council
• Public Street ROW Designation placed on Semimonthly Meeting Agenda for review and action by the Full Council.

Mr. Willis stated that the next ROW Subcommittee Meeting would be the same as the next Semimonthly Meeting. Public Street ROW would be scheduled for Subcommittee Recommendation approval by ROW Subcommittee and ROW Designation action will be scheduled for the Semimonthly Meeting on Tuesday, July 27, 2021.

No further comments from Subcommittee members

7. ADJOURN

Motion: Ms. Reynolds
Second: Mr. Gomez
Motion carried on unanimous vote

Meeting adjourned at 6:22 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary