Minutes

Rights of Way (ROW) Subcommittee Meeting — Tuesday, January 24, 2023; 5:00 p.m.
Administration Building, Conference Room A, One Capitol Hill, Providence, RI

 

In accordance with notice to members of the RI CRMC Rights-of-Way Subcommittee, a meeting was held on Tuesday, January 24, 2023 at 5:00 p.m. in Conference Room A, of the Administration Building, One Capitol Hill, Providence, RI

Members Present
Raymond Coia, Chair
Ronald Gagnon
Patricia Reynolds

Staff Present
Jeffrey Willis, Executive Director
Anthony DeSisto, Legal Counsel
Lisa Turner, Recording Secretary

 

Chair Coia opened the meeting at 5:06 p.m.

Update and status of the Subcommittee’s review of sites under investigation as potential ROWs to the tidal waters of the state:

Buttonwoods, Warwick

• Richard Langseth was sworn in and identified himself for the record.
• Continuing to work with City Council in Warwick on the Buttonwoods ROW but quite ready for ROW Subcommittee.
• Mr. DeSisto asked to be sent the information from the Land Evidence records in Warwick as there are interesting legal issues involved and some matters need to be addressed prior to bringing before the Subcommittee.
• Mr. Langseth agreed deferred to Weekapaug matters being heard first.
• There were no questions from Subcommittee members
• Mr. DeSisto recapped for member of Buttonwoods Association
• Mr. DeSisto mentioned that Weekapaug ROW will be taken up first and then buttonwoods

Spring Avenue Extension, Westerly

• Attorney Michael Rubin was present to address the ROW Subcommittee stating that he was working closely with members of Westerly to secure the opening of Spring Avenue which is believed to be platted ROW to the shore.
• Mr. Rubin requested that the Council send a subpoena to the moderator of the Weekapaug Fire District asking for them to provide to the ROW Subcommittee an 1884 plat map showing the existence or reference to the ROW. Mr. Rubin explained that the Fire District claims the plat map helps them prove their case, however, no one has ever seen the 1884 plat map. Mr. Rubin stated that it has never been definitely stated whether they have the 1884 plat map.
• Mr. Rubin stated that there have been many APRA requests exchanged asking for the 1884 plat map but the Secretary of the Weekapaug Fire District stated that they do not have it.
• Mr. DeSisto explained to the Council that under RIGL § 46-23-9 that the subpoena power is with the Council not the Subcommittee.
• Mr. Rubin asked the Subcommittee to recommend to the Council to issue Subpoena.
• Mr. Rubin stated that the 1884 plat map cannot be found in the land evidence records and that
  no one has been able to find it.
• Mr. DeSisto stated that if the 1884 plat map has not been recorded in the Land Evidence
  Records, it cannot be used.
• Mr. Rubin stated that the Weekapaug Fire District claim that there are deeds that reference the
  1884 plat map and that the deeds show that some of the ROWs are private.
• Mr. Rubin stated that he based his claims on the 1886 plat map that was recorded that states that the Spring Avenue ROW is not private.
• Discussion on other lines of inquiry for the 1884 plat map
• Mr. Rubin and Mr. DeSisto discussed the number of legal memoranda that have been filed on this
  matter to the Council – Mr. Rubin sent two memoranda, information on the plat maps that are
  recorded and a compendium was created.
• Mr. DeSisto stated that the Weekapaug Fire District filed three
• Mr. Rubin stated that the Attorney General’s office is involved in this case now
• Ms. Reynolds asked Mr. Rubin is he had seen evidence of the 1884 plat map.
  • Mr. Rubin stated that references to this map have been seen and documents stating that the plat map will be recorded but perhaps by the time it was ready to be recorded, the 1886 plat map was created and recorded.
  • Mr. Rubin stated that the subpoena should be sent prior to the actual hearings.
• Anthony Palazzolo Jr. addressed the Subcommittee as a would-be user of the Spring Avenue ROW
  • Mr. Palazzolo offered to provide the subject matter from two sets of APRA requests sent by Mr. Jim Tarbox asking WFD for the 1884 plat map
  • WFD denied all requests
  • Mr. Tarbox then asked for invoices from their attorneys related to the 1884 plat map – invoices
    resulted in 80k to 100k in fees.
  • Mr. Palazzolo stated that he supported Mr. Rubin’s request for a subpoena to Moderator of the Weekapaug Fire District
• Mr. Gagnon asked for the reason for denial of the APRA request by Mr. Tarbox
  • Mr. Palazzolo stated the response was that they did/do not have it.
• Mr. DeSisto stated that the briefs are in and he and Attorney Mark Harmon had spent a lot of time with them along with the Roger Williams University Law School Fellow; and that he hopes the questions he has will be answered soon.
• Mr. DeSisto stated that review of all the materials has been completed, he will prepare a memorandum to the Subcommittee condensing all the information from all parties.
• The Subcommittee can hold hearings at that point where they can hear from the residents and the attorneys.
• Mr. DeSisto stated that he has heard from the Attorney General and that they have done their own research.
• Mr. DeSisto stated that this is not like other ROWs that we have had anonymity; this one will be contested.
• Mr. Rubin stated that just because the WFD says they do not have the 1884 plat map, does not mean they don’t know where it is.
• Mr. DeSisto stated that information needs to be narrowed down for the issuance of the Subpoena and there will have to be a deposition.
• Mr. DeSisto stated that if the 1884 plat map cannot be obtained in a timely fashion then it cannot be considered.
• Mr. Willis addressed the ROW Subcommittee stating that there are other ROWs waiting as well.
• Water’s Edge which had not had much discovery to date
• Mr. DeSisto stated that he would like to handle the difficult ROW requests at this point.

Motion to adjourn the meeting Motion: Mr. Gagnon
Second: Ms. Reynolds
All ayes

Meeting adjourned at 5:44 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary