Cranston committee approves abandonment of portion of Elmhurst Avenue, subject to easements

The Cranston City Council Public Works Committee voted to approve a resolution to abandon a 6,500-square-foot portion of Elmhurst Avenue, allowing half the former public right-of-way to be transferred to abutting property owners after the petitioner pays $15,000 to the city.

The abandonment petition, filed August 26, 2024, was presented Tuesday by attorney Robert Murray and petitioner Brian White of 145 Wayland Avenue. Murray said the tax assessor valued the parcel at $15,000 and that the petitioner will pay administrative and recording costs and work with the planning department on an administrative subdivision to split the former roadway between Mr. White and CGI Cranston LLC, the owner of the Ocean State Job Lot property abutting the site.

The committee’s approval was conditioned on recorded easements. Council members voted 5–1 to approve the resolution subject to the creation and recording of easements and final review by the city solicitor: Councilman Campiano — yes; Councilman Bonanno — yes; Councilman Andrew Hart — yes; Council Vice President Wall — yes; Councilwoman Haroyan — yes; Councilwoman Graziano — no.

Why it matters: Abandoning a public right-of-way transfers ownership and responsibilities from the city to private parties and can affect utility access, drainage and future maintenance. The committee’s condition that easements be recorded aims to preserve utility and sewer access that currently runs beneath the section proposed for abandonment.

Details of the petition and easements

Robert Murray, the petitioner’s attorney, told the committee the portion of Elmhurst Avenue targeted for abandonment is treed, drops steeply in elevation and is not passable as a public street. "It's not even drivable," Murray said. He said the abandonment would operate under state law so that when a road is abandoned each abutting property picks up one-half of the former highway.

Brian White, the abutting property owner and petitioner, described existing underground infrastructure and the practical reason for the request. "The Citizens Bank had a backup to the main on Atwood Avenue, and they put a forced grinder pump and forced sewer up back of their property, which goes through Elmhurst and ties into Elmhurst sewer line," White said, adding the sewer connection has been in place for years and that engineering drawings documenting underground utilities were included in his submittal package.

Murray and White said the transfer would be subject to preservation of the existing sewer line and to easements in favor of utilities and the Providence Water Supply Board. Murray said Mr. White will pay to extend a water line and the parties would grant easements so the Providence Water Supply Board and any utilities can access the line in the future.

Committee concerns and solicitor advice

Several council members pressed for greater certainty on the form and width of easements before approving the abandonment. Councilwoman Graziano voiced concern about approving the abandonment "without having a draft easement set up to be able to reference in the title transfer," saying, "My concern is that we're doing the easements after the fact." The committee’s solicitor said the city code does not require easements to be finalized before a vote, but that the council has discretion to impose conditions.

Murray said the resolution used in this case is the same form the city has used in past abandonments and confirmed that all costs for drafting easements, recording the administrative subdivision and other document fees would be borne by the petitioner. He told the committee he would cooperate with the city solicitor and planning and public works staff to produce the required follow-up documents.

Record and public comment

The committee accepted exhibits and public comments into the record, including written comments submitted by a resident identified as Drake Patton and a letter from CGI Cranston LLC expressing no objection to the abandonment. Council President Marino, not present, had her concerns read into the record by a colleague; she questioned whether $15,000 constituted fair compensation to taxpayers. Murray confirmed the $15,000 assessor valuation on the record.

What the vote means and next steps

By voting to approve the resolution subject to recorded easements and legal review, the committee signaled willingness to forward the matter to the full council with conditions. If the full council approves and the petitioner completes payment and documentation, the city’s purchasing agent will issue a deed and the administrative subdivision will be recorded so that half the former roadway is deeded to Mr. White and the other half to CGI Cranston LLC. Existing sewer and utility interests will be preserved through recorded easements.

The committee’s action does not, by itself, change any utilities’ rights; Murray emphasized the abandonment is "subject to" existing sewer and utility interests and that recorded easements will preserve access for maintenance. The timeline for final legal review and recording was not specified in committee remarks.