6 ARNOLD ROAD, COVENTRY, RHODE ISLAND 02816

Another Public Access win......

Barrington Town Council votes in favor of anglers

from the December, 2008 Newsletter

Proposed Barrington ordinance to limit parking at Right Of Way defeated

Much credit goes to David Byrnes, Vice-Chairman of RISAA’s Public Access Committee, who telephoned every Rhode Island Saltwater Anglers Association member with a Barrington address and urged them to attend the November 19 meeting of the Barrington Town Council.   Dave was instrumental from the beginning in caring for Daunis and fighting the proposed restrictions.   Credit also the Rhode Island Saltwater Anglers Association and its Public Access Committee, led by Chairman Bob Moeller, for identifying the issues at Daunis and spearheading the successful opposition to restrictive parking regulations. About 25 people spoke in opposition to the proposed restrictions, all but 5 or 6 of them from Barrington.  The only people speaking for the restrictions were Mrs. Ceci Sartor, the abutting property owner, and her attorney. Both Byrnes and David Pollack, representing RISAA, addressed the Council during the hearing and urged defeat of the proposal. Pollack said, "I moved to Rhode Island for the fishing, and denying me the right to park at the Daunis Right of Way denies me the right of lawful and constitutionally guaranteed access to the Rhode Island Shore." Mark Hudzin, representing the Narragansett Surfcasters also was present and spoke in opposition to the parking restrictions. After everyone spoke and it was time for the Council to vote, four of the five council members, including President Jeffrey Brenner, voted against the proposed restrictions.   Councilman James Schwartz abstained, and indicated that he had been in favor of restrictions, but would not now vote to impose them in light of the strong opposition voiced by his Barrington constituents, and also because it had been demon-strated that under-age drinking and safety consid-erations were not issues at Daunis.  He was concerned about the lack of uniformity in parking regulations, but was convinced that Daunis is a special case. Two of the Council members, June Speakman and Kate Weymouth, expressed concern that Barrington has been going too far in limiting parking access to the shore, and suggested that other access points be reviewed to make sure that any parking restrictions do not violate the spirit of the law granting shore access to the public. Mrs. Sartor accused Mrs. Speakman of having a conflict of interest because her husband is a fisherman. It appears she will not give up. HOW WE GOT HERE Anglers have been fishing at this area, located off Nayatt Road, Barrington, for many years. It is an 8,322 square foot parcel bordered on the north by Mushechuck Creek, on the east by Nyatt Road, on the west by Narragansett Bay, and on the southern side, by the former Daunis proporty (now Sartor). It was first recorded by the town in 1931, and later designated as a right of way in 1981 by CRMC. In 2005, working with CRMC and the Town of Barrington, the Daunis site was designated as an “Adopt An Access” location by the Rhode Island Saltwater Anglers Association. Signage was approved and erected at the site. But, Mrs. Sartor did not like fishermen near her property, and has been trying to limit access for years. In 1988 she sued CRMC over the designation as a public Right of Way. It went to the R.I. Supreme Court. She lost. In 2004, she filed a law suit against the Town of Barrington seeking to prohibit the Town from allowing parking at the site. She lost. She has also attempted self help measures at the right of way itself to try to limit access, and constantly calls the local police force concerning parkers at Daunis. RISAA’s Public Access monitors constantly check the site, picking up any trash and maintaining a log of their visits and findings. In a letter to the Barrington Town Council from the RISAA Board of Directors, Steve Medeiros wrote: Our monitors’ observations of activities at Daunis are much more positive than the numerous complaints and alleged violations that have been reported by a few area residents to the police and to members of the Town Council. According to testimony from the police chief before this Town Council, complaints and alleged violations have not been substantiated when police responded. Anglers using the Daunis ROW, whether at night or during the day, have not been accused of causing any problems. Our Association believes in cooperation with all communities to enhance and protect our public access locations. If any real violations were occurring at Daunis, we would know about them, and would work to address real problems with the community. Try as we might, we are aware that there will always be someone who lives nearby that just resents any public access within their neighborhood. THE BATTLE FOR DAUNIS MAY NOT BE OVER! It is up to all of us to continue to be good stewards at our public rights of way, and to continue our vigilance to preserve and protect them. If you have an interest in public access issues, please email Bob Moeller at moeller@risaa.org.