Westerly Fire Districts
Call to Action.
Restore our Spring Avenue Right-of-Way GoFundMe — Caroline Contrata v Weekapaug Fire District
Request for RI CRMC to remove the fence currently prohibiting the public from accessing Weekapaug shore and beach via the Spring Ave ROW. Team includes pro bono retired Assistant Attorney General, Mike Rubin, a small, hardworking group of volunteers, pro bono attorney New England School of Law Professor Sean Lyness, and support from Save the Bay.
The attorneys need to depose Spring Ave ROW beachgoer citizens as witnesses. Some are too old, or live too far away, to testify in person at the hearing. A few need to spend an overnight in a hotel because they are from out-of-state. Attorneys Rubin and Lyness need to create exhibits to show that the right-of-way is public. The deposition stenographers need to be paid. Attorney Rubin estimates expenses of $5,200 dollars.
Any funds remaining after expenses will be donated to Save the Bay.
Overview.
The first Fire Districts in Rhode Island were created as quasi-public entities in villages and mill towns with the responsibility of fire services to district residents. Fire Districts have the authority to tax automobiles and property located within the district.
There are approximately 40 Fire Districts in Rhode Island, yet (as of a 2013 report) only 33 have fire stations, fire trucks and equipment, and fire fighters who actually fight fires. There are a few exceptions whereby fire service is provided to the taxpayers of one district by a fire department located in another district. The majority of FDs are located in South County.
While Fire Districts were originally created for fire service, many along the shore have used their unique powers to effectively claim ownership or restrict access of certain stretches of coastline.
An example of such tactics can be found in the Spring Ave Right-of-Way in Weekapaug (pictured below). This is a formerly-open path that the Weekapaug Fire District keeps blocked with a chain link fence, preventing public from reaching the nearly 2-mile stretch of beach that leads east to Quonnie Breachway.
While previous Town Councils hid behind the town solicitor rather than defend the public, the 2023 Town Council has a renewed interested in ROW discussions.
The Weekapaug Fire District pays no taxes to the town for the Spring Ave parcel. Weekapaug residents have expressed concern that their property values would drop if the public were to gain access. The owners of the Weekapaug Inn are also invested in keeping this ROW blocked.
There have also been questions over the town-designated ROW at Fort Road in Watch Hill (providing public access to Napatree Point), and whether Watch Hill Yacht Club or Watch Hill Conservancy have made attempts to privatize the access point.
As of 2024, the Weekapaug FD has filed lawsuits against the Westerly TC and members of the public for slander, in an attempt to halt Spring Ave ROW designation by the CRMC. Watch Hill FD has also filed lawsuits against the Town over Fort Road.
The RI ACLU has stepped in to help represent coastal access advocates alongside former RI Attorney General Michael Rubin.
Rhode Island General Assembly Restrictions
1937 Weekapaug Fire District
1994 Westerly Town Council Meeting
Related Resources.
CRMC commissioned Westerly-specific title search report, performed by Jon Lallo of the Westerly Tax Assessor's Office, 1978. Plus, unsigned Addendum which appears to be the CMRC ROW subcommittee's report after reviewing Lallo's work and holding two hearings in Westerly.
CRMC Assent for Watch Hill Fire District new sheet pile bulkhead construction, with stipulations & language stating submerged tidal lands are owned by the state held in trust for the public, and pedestrian traffic to Napatree shall not be restricted. (1988)
ProJo article explaining CRMC Assent to Watch Hill regarding Napatree Point, which approved a bulkhead with a stipulation guaranteeing the continued public access to the beach. (1988)
State report on Fire District surveys including history, roles, demographics… based on FD self-reported data. (2013)
Pictorial compilation supporting Spring Ave as public ROW, submitted to CRMC by Ben Weber of Westerly (2020)
Video of Westerly Town Council meeting Oct 7, 2020. Including public statements by Ben Weber (35:25), and Weekapaug FD representative, attorney Tom Liguori (1:57:55)
Letter from Gerald Petros of Hinckley Allen, representing Watch Hill Conservancy & Watch Hill Fire District, petitioning Westerly Town Council to use the phrase “privately-owned“ when describing Napatree beach in the Westerly Comprehensive Plan. (Oct 14, 2020)
Evidence document submitted to CRMC by the Weekapaug Fire District Attorney, Thomas Liguori, relating to Spring Ave ROW in Westerly. (Jul 21, 2021)
Attorney Michael Rubin rebuttal to Weekapaug Fire District Spring Ave ROW claims. Documents Submitted for CRMC Review Case 2020-11-084. (Sep 7, 2021)
AUDIO Chariho is Listening Radio Broadcast — Attorney Michael Rubin speaks on shoreline access and Spring Ave ROW. (49:22) (Oct 19, 2022)
Lawyer letter by Hinckley Allen — representing Watch Hill Conservancy and Watch Hill Fire District — to Westerly Town Solicitor Conley regarding Fort Road public access in Napatree. (Nov 17, 2022)
Letter from RI State Attorney General Peter Neronha to CRMC Executive Director Jeffery Willis, expressing support for Spring Ave Ext ROW approval by CRMC.
(Nov 21, 2022)
“…this letter requests that [Chairman Coia], in your role as Chair of the CRMC and its Rights-of-Way Sub-committee, subpoena Robert McCann, the WFD moderator and author of that letter. The subpoena would be to have him produce the Plat that is at the center of the WFD’s defense.” (Jan 2023)
Law Office of Michael Rubin Request that CRMC promptly notify Spray Rock Trust of encroachment of Spring Ave ROW. (Apr 2023)
Weekapaug Fire District complaint of slander (plus Exhibit) against town council members, CRMC members, CRMC director, RI Attorney General, town finance director, Hoffman Trust and Caroline Contrata. (Dec 2023)
Town of Westerly’s motion to dismiss (plus Exhibit A) the Weekapaug FD lawsuit against town council members, CRMC members, CRMC director, RI Attorney General, town finance director, Hoffman Trust and Caroline Contrata. Prepared by the office of William Conley (Jan 2024)
Memorandum by the Rhode Island Attorney General in support of the Town of Westerly’s motion to dismiss the Weekapaug FD lawsuit (Jan 2024)
Where we are now.
Continued public pressure made shoreline access an election issue for the 2022 Midterms.
Documents unearthed in early 2023 show payments between Watch Hill Fire District and Westerly Town Council President Edward Morrone, raising ethics concerns over town decisions impacting public access at the Fort Road right-of-way in Watch Hill.
As of 2023, the Spring Ave ROW is waiting for public hearing at CRMC.
Watch Hill Fire District has sued the town of Westerly over the Fort Road right-of-way.
Weekapaug Fire District has filed suit to halt Spring Ave public right-of-way designation by the CRMC. The RI ACLU has stepped in to help represent Caroline Contrata, along with former RI Attorney General Michael Rubin, in her efforts to restore Spring Ave ROW.
Press
