Cranston committee approves abandonment of Elmhurst Avenue parcel, subject to recorded easements

The Cranston Public Works Committee voted on Feb. 13 to approve a resolution to abandon a 6,500-square-foot portion of Elmhurst Avenue, a dead-end segment behind properties on Wayland and Atwood avenues. The committee’s approval was conditioned on the recording of easements to protect existing sewer infrastructure and future utility access.

Attorney Robert Murray, representing petitioner and abutting property owner Brian White, told the committee the parcel was the subject of an abandonment petition first filed in August and that the planning commission and public works staff had reviewed the request. “This matter is on your agenda relating to the abandonment of a portion of Elmhurst Avenue,” Murray said in his opening remarks in public comment.

The abandonment, if completed, will follow the city’s usual practice: when a road is abandoned the former right-of-way is split so each adjoining property takes half. Murray said the tax assessor valued the 6,500-square-foot parcel at $15,000; Mr. White will pay that amount, an administrative subdivision will be recorded, and deeds will be issued to the two abutting owners so ownership is clear. Murray also told the committee the petitioner will pay all recording and administrative costs.

Brian White, the petitioner, told the committee the parcel is not drivable and that a guardrail already blocks the end of Elmhurst Avenue. He said a sewer line installed years earlier serves the Citizens Bank property on Atwood Avenue and runs through the portion of Elmhurst proposed for abandonment. “That sewer line is connected. It’s been there,” White said, and he said he submitted engineering drawings showing existing underground utilities.

Committee members pressed for protection of the city’s access to that infrastructure. Councilwoman Graziano said she was “concerned that we’re doing the easements after the fact,” noting the committee had no draft easement dimensions or plan showing the city’s rights. She asked that easements be prepared and reviewed before transfer. Solicitor Vadecki (city solicitor) advised the committee that the city code does not require easements to be finalized before the council indicates its willingness to abandon a highway, but that the council could impose additional conditions if it wished.

To address those concerns, the committee adopted the resolution with a stipulation that proper easements be recorded. Councilman Richard Bonanno moved to approve the resolution “subject to the proper easements being recorded,” and the motion carried on a roll call vote: Councilor Campiano — yes; Councilor Bonanno — yes; Councilor Andrew Hart — yes; Council Vice President Wall — yes; Councilwoman Haroyan — yes; Councilwoman Graziano — no. The tally was 5–1 in favor.

The resolution specifies that the abandonment would be subject to existing sewer infrastructure and that easements would be granted to the Providence Water Supply Board and any utilities that need access. Murray and the petitioner said the petitioner will extend a water line to serve a proposed duplex on the lot behind his house and would grant easements as needed for the water line and existing sewer. The petitioner’s materials included an assessor map, an abandonment sketch, and photographs illustrating the drop in topography toward the Ocean State Job Lot property on Atwood Avenue.

Next steps identified by committee members and Murray include preparation and review of draft easement language, coordination with the planning and public works departments on an administrative subdivision, payment of the $15,000 by the petitioner, and recording of the deed and easements. The resolution as approved makes final transfer contingent on those recordings.

Committee members also requested that the city’s legal department review the final documents before recording. Murray said the petitioner and the abutting commercial owner had submitted a letter indicating they support the abandonment and that they understood an easement would be required for the sewer line.

The action transfers only private property rights; municipal and utility access rights documented in easements will remain. The committee’s approval does not itself transfer title — recording of the deeds and easements and completion of the administrative subdivision are required to complete the transaction.