MOU to be Discussed at 4/29 OL Special Town Meeting

OLD LYME—At the Old Lyme Board of Selectmen’s (BOS) meeting held Monday, April 15, Selectman Jim Lampos (D) introduced a Memorandum of Understanding (MOU) regarding the ongoing and protracted dispute over public use of “Tantummaheag Landing” between the Town of Old Lyme and the owners of 12 and 19 Tantummaheag Rd., George T. Frampton, Jr. and Carla D’Arista.

Visit this link to read an article related to the history of the dispute by Olwen Logan, dated Sept. 17, 2022 and published on LymeLine, titled, Old Lyme Town Attorneys Issue Findings on Tantummaheag Dispute, Owners Describe Report as “Filled with Factual, Legal and Historic Errors.

A press release issued April 15, by the Old Lyme First Selectman’s Office describes the MOU as an attempt, “to move toward a more final resolution of the current dispute,” and notes that, “The BOS and the Framptons have entered into an interim agreement for the next year regarding use of the so-called Landing.”

The press release states, “The Framptons will continue to permit pedestrian access between the hours of 8 am and sundown, but no vehicular access of any kind will be permitted. Parking for at least two to three cars is available just outside the property on a paved turnaround area. The Town will enforce these limitations and will assist the Framptons as necessary in doing so.”

It continues, “The Framptons will erect a sign on a stone pillar stating “12” on the top of the pillar and “Tantummaheag Landing” going down the pillar,” adding, “The Framptons will maintain access for pedestrians to the river and the ice-pond in essentially the current natural condition.”

Finally, the release notes, “The agreement also provides for the parties to seek in good faith to engage a third-party advisor or mediator at modest cost to facilitate further discussions, and for Mr. Frampton to make a presentation to each member of the BOS separately on what official town land records and other official documents show about Tantummaheag Landing.”

In a statement issued to members of the press (see full text below), Frampton maintains, “While we are the owners in fee simple of Tantummaheag Landing and maintain that the Town’s own official documents conclusively establish that it has no public access rights of any kind …”

Asked in a phone conversation with LymeLine on April 16, to comment on the MOU, OL First Selectwoman Martha Shoemaker (D) said, “Jim Lampos did an amazing job, working many hours, to negotiate an agreement with the Framptons.” She explained that, although both sides in the dispute still are not in agreement, the tone of the discussion has changed dramatically and a new attitude of, “Let’s work it all out,” now prevails.

Shoemaker stressed that at this point, the MOU has simply been introduced and subsequently, “The townspeople will be allowed to speak on it.” Asked by LymeLine whether the Town Attorneys Suisman Shapiro had viewed the MOU, Shoemaker responded that they, “Had had eyes on it.”

No discussion on the MOU was permitted at the meeting on Monday evening.

Shoemaker stated at the April 15 meeting that the MOU represents, “A great starting place,” and that she was, “Eager to hear what our residents think.”

On Friday, April 19, Shoemaker announced in her weekly newsletter, “We have scheduled a special Board of Selectmen meeting for April 29 at 5:30 p.m.” She notes, “The only agenda item at this meeting will be the MOU. If you would like to attend the meeting and let us know your thoughts, we would appreciate hearing from you. If you cannot attend, please feel free to send an email to the Selectman’s office, and we will make sure all selectmen receive a copy.”

The full text of Selectman Jim Lampos’s statement introducing the Tantummaheag Landing MOU, which he read at the April 15 BOS meeting, is as follows:

“The dispute concerning public access to, and ownership of Tantummaheag Landing between George Frampton and Carla D’Arista and the Town of Old Lyme is now in its fourth year.   The controversy became increasingly contentious, stretching over two terms of the previous Board of Selectmen.  It was presented to this Board as a top priority when we first took office four months ago.   I am happy to announce today that we have an agreement with the Framptons to ensure public access.   

We understood that this controversy has had a chilling effect on public access of Tantummaheag Landing.   Seeking to avoid conflict, or being unsure about its status, neighbors and other town residents have refrained from visiting.    With this agreement, we restore public confidence and comfort in enjoying the Landing for pedestrians who seek to view the river and cove, enjoy the natural landscape of Tantummaheag Brook, or view the annual swallow migration on Goose Island, just offshore.

This agreement restores pubic access to the Landing from 8am to sundown, with essentially the same conditions the public was accustomed to before this controversy began.  The only exception is that there will be no vehicular access to the Landing, and the potential parking space or two that had been identified to be created in previous plans has been moved 300’ east to the paved turnaround just outside of the property gates.  

Vehicular access, which was never formally marked or established at the Landing, has proved troublesome in the past with vehicles needing to use the grounds of the private residence as a turnaround.   There is no room for cars to pass each other necessitating vehicles to back up the drive, and the narrow one lane road presents a potential danger if one or more cars have to share the unpaved surface with pedestrians.   The area that had been identified as a potential parking area is also unimproved with a steep drop into the brook at its edge.   Improvements necessary to make this an official parking area would require significant sitework, environmental impacts and permitting.  Thus, making this path to the river a pedestrian-only zone makes practical sense as a matter of public safety and in enhancing the quiet enjoyment of those seeking to access the Landing.   Parking will now be approximately 150 additional steps away, but it will be on a paved, safe surface for ease of access.

While Tantummaheag Landing has never been a desirable kayak put-in, with several yards of muck and mire between the Landing and the open waters of the river, kayakers are still free to wheel their kayaks down to the river on a non-motorized cart.   Backing a car down to the river for kayak or boat access was always impractical, necessitating a significant portage even in the best of conditions.   Preventing vehicle access will add another 175 or so steps to the kayak portage, but loading and unloading of the kayak from the vehicle will be in a much safer location.   A CT Examiner article from January 13, 2021 quotes a member of the Harbor Commission as saying their kayak committee “did not rate the landing as a high usability site”.   Another member of the Harbor Commission is quoted as being seriously concerned about pedestrian safety with vehicles backing up the driveway.  

It is important to note that this agreement is for one year only, and it is explicitly stated that neither side gives up any stated or implied rights.   The agreement reaches a common-sense accord on immediately restoring traditional public access, and seeks to de-conflict a situation that had grown increasingly contentious resulting in a confusing and chaotic situation for the public, and division within the town as expressed in numerous press articles.   The Framptons further agree that the current level of landscaping will be maintained and no further plantings from the March 31, 2024 baseline, as documented in photographs, will impede access.   

Finally, some have argued that this agreement will present a slippery slope whereby comparable town assets will be called into question.    This is not the case, as all other comparable assets already have well established access points, signage, and parking areas.   Tantummaheag never had a formally-established parking area.  Further, the dispute in this case is grounded in specific citations of town records and associated deeds as denoted in the opening statement of the agreement, and a protocol is established by which the two sides will examine the issue regarding ownership in a mutually agreed upon mediation.   

The primary purpose of this agreement is to guarantee public access, reduce conflict and acrimony, and create an atmosphere where a reasoned assessment and potential permanent resolution can take place.   For both sides, all options remain available to them and all rights are retained. “

George Frampton also shared a written statement with members of the press present at the April 15 BOS meeting, and also LymeLine. His statement, dated April 15, reads in full as follows:

“Over the past three months, following exhaustive research of official town documents and historic records, and interviews with relevant stakeholders including town officials, our neighbors and others, a representative of the Town of Old Lyme has engaged us in substantive discussions in a mutually respectful fashion with the goal of finding a satisfactory way forward in resolving our dispute over the public use of Tantummaheag Landing. 

We have reached an interim agreement, lasting at least one year, concerning public access. 

While we are the owners in fee simple of Tantummaheag Landing and maintain that the Town’s own official documents conclusively establish that it has no public access rights of any kind, we agree to allow pedestrian access along our back driveway to the Connecticut River from 8 am to sunset and maintain the Landing in its current condition as a pleasant natural environment .

No motorized vehicles will be permitted except for medical and law enforcement emergencies and the Town will enforce this arrangement.

While neither party cedes any rights they claim for themselves in this agreement, we have established a framework by which we hope further discussions move toward a resolution of our dispute.  Both parties believe that in this less-divisive environment discussions to move toward a more permanent resolution of all issues are likely to be more fruitful.”

The text of the draft MOU reads in full as follows:

MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF OLD LYME AND GEORGE FRAMPTON/CARLA D’ARISTA CONCERNING TANTUMMAHEAG LANDING

The Board of Selectmen of the Town of Old Lyme set forth in this agreement with George Frampton and Carla D’Arista  of 12 & 19  Tantummaheag Rd, Old Lyme the following terms with regards to public access to Tantummaheag Landing, so called, a parcel lying between 12 & 19 Tantummaheag Rd as described in the Frampton/D’Arista (hereinafter Framptons) deeds, BOOK 437, PAGE 557 AND BOOK 437, PAGE 575.

WHEREAS, the Town of Old Lyme maintains that Tantummaheag Landing is a public roadway, and WHEREAS the Framptons contend that the Town has no public access rights since they were extinguished in 1727 by the Town’s earlier agreement in 1713, BOOK 2, PAGE 305 (Jan. 2, 1713), and in any event that Tantummaheag Landing is not a public highway,  the Town of Old Lyme, acting through its Board of Selectmen as the traffic authority for the town, and the Framptons, enter into the following agreement. 

1. It is agreed that public access to the river and the ice pond along Tantummaheag Landing will be allowed for pedestrians only, between the hours of 8 am and sunset. 

2. Except for emergency vehicles, motorized vehicles will not be allowed in Tantummaheag Landing. The Framptons will maintain the current level of landscaping and accessibility for pedestrians, but if they fail to do so the Town will notify them and they will promptly restore that landscaping and accessibility. 

3. Parking for pedestrian access will be available outside of the stone gates at the top of Tantummaheag Landing, on property owned by the Town of Old Lyme. 

4. A stone pillar inscribed with the number 12 and the words Tantummaheag Landing running vertically down the stone pillar will be erected by the Framptons

5. The terms of this agreement will be for one year from the signing of this agreement.  This agreement will renew annually for a one-year term on the anniversary date of the signing of this agreement, unless the Town of Old Lyme or the Framptons notify the other, in writing, of their decision to not renew the agreement at least 30 days before the automatic renewal date of the agreement.

6. It is understood that this agreement in no way impacts the rights retained by any party, nor does either party cede any future exercise of rights or claims.  Moreover, the terms of this agreement do  not constitute any admissions by any party as to the terms or nomenclature used herein, nor may either party use this agreement in any legal proceeding regarding the legal status of Tantummaheag Landing

It is further agreed: 7. Upon execution of this agreement, a good faith effort will be made to find an impartial, mutually-agreed upon mediator from the community, at little or modest cost, to hear arguments from both the Town of Old Lyme and Mr. Frampton/Ms. D’Arista for the purpose of rendering a non-binding opinion on the status of Tantummaheag Landing and public access.

In light of threatened litigation, Mr. Frampton will be granted an opportunity to explain his case before the Board of Selectmen as a whole in executive session, or if he chooses, with members of the Board individually.   It is agreed that the Town’s legal representatives will be permitted to attend these meetings, but will not be required to do so.