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Young Salt · 03-19-2005, 01:59 PM

I'm hoping that this case will set a precident for similar situations in the future. These abutters insisted that no parking be allowed on the street, now you park on the right-of-way itself.

I don't belive that the case wouldn't have went down this way if it wasn't for the determined efforts of a few out-of-town fishermen.

I love the 'sensitive enviroment' argument.......what about the impact of YOUR 3 story trophy house with a nice big lawn as to provide little to no habitat for the animals (that you are SOOO concerned about) that your home displaces???

01:00 AM EDT on Tuesday, August 10, 2004

BY JESSICA ULLIAN
Journal Staff Writer

BARRINGTON -- The state Superior Court has decided that vehicle parking should be allowed at the right-of-way, to the delight of local fishermen and the dismay of abutting residents.

The decision, written by Judge Daniel Procaccini and filed last Wednesday, states that making improvements to the public right-of-way is a "necessary and reasonable" measure for public enjoyment.

"The Parcel is a right-of-way that is intended to accommodate the public at-large and not merely abutters for the property or those in walking distance," Procaccini wrote. "In such a case, automobile access is necessary and reasonable."

The decision temporarily settles a long-term dispute about what kind of access to the water is acceptable. The Coastal Resources Management Council determined that the right-of-way was public more than 20 years ago, and the decision was upheld in the state Superior and Supreme courts.

Despite that designation, several abutters have been trying to restrict parking at the site, requesting that those who wish to access the water park nearby and walk down.

"That is a highly sensitive environment down there," said Cecil Sartor, a local resident and one of the plaintiffs in the case. "It seems to me that parking is just totally against the preservation of that whole area."

But recreational fishermen have argued that parking on Washington Road and walking down to the access point is difficult for the elderly, and actually prevents some people from visiting the area.

Parking has been prohibited on the right-of-way since last year, when the abutters filed a restraining order to prevent it.

Sartor said last week that the plaintiffs had not decided whether to appeal the court's decision.

"We are still talking to our lawyers," she said.

If the decision stands, town officials will consult with the Coastal Resources Management Council to determine how to make the area accessible to vehicles.

Town Manager Peter A. DeAngelis said last week that he has already contacted the coastal resources board to begin the process.

03-19-2005, 01:59 PM	#7
Young Salt Salt of the Earth iTrader: (0) Join Date: Nov 2002 Location: Suburbia, RI Posts: 1,025	A recent case ruling I'm hoping that this case will set a precident for similar situations in the future. These abutters insisted that no parking be allowed on the street, now you park on the right-of-way itself. I don't belive that the case wouldn't have went down this way if it wasn't for the determined efforts of a few out-of-town fishermen. I love the 'sensitive enviroment' argument.......what about the impact of YOUR 3 story trophy house with a nice big lawn as to provide little to no habitat for the animals (that you are SOOO concerned about) that your home displaces??? 01:00 AM EDT on Tuesday, August 10, 2004 BY JESSICA ULLIAN Journal Staff Writer BARRINGTON -- The state Superior Court has decided that vehicle parking should be allowed at the right-of-way, to the delight of local fishermen and the dismay of abutting residents. The decision, written by Judge Daniel Procaccini and filed last Wednesday, states that making improvements to the public right-of-way is a "necessary and reasonable" measure for public enjoyment. "The Parcel is a right-of-way that is intended to accommodate the public at-large and not merely abutters for the property or those in walking distance," Procaccini wrote. "In such a case, automobile access is necessary and reasonable." The decision temporarily settles a long-term dispute about what kind of access to the water is acceptable. The Coastal Resources Management Council determined that the right-of-way was public more than 20 years ago, and the decision was upheld in the state Superior and Supreme courts. Despite that designation, several abutters have been trying to restrict parking at the site, requesting that those who wish to access the water park nearby and walk down. "That is a highly sensitive environment down there," said Cecil Sartor, a local resident and one of the plaintiffs in the case. "It seems to me that parking is just totally against the preservation of that whole area." But recreational fishermen have argued that parking on Washington Road and walking down to the access point is difficult for the elderly, and actually prevents some people from visiting the area. Parking has been prohibited on the right-of-way since last year, when the abutters filed a restraining order to prevent it. Sartor said last week that the plaintiffs had not decided whether to appeal the court's decision. "We are still talking to our lawyers," she said. If the decision stands, town officials will consult with the Coastal Resources Management Council to determine how to make the area accessible to vehicles. Town Manager Peter A. DeAngelis said last week that he has already contacted the coastal resources board to begin the process.