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Introduction of Draft ‘Memo of Understanding’ by Town of Old Lyme, Owners Moves Tantummaheag Landing Dispute Into ‘Less-Divisive Environment’

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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.

Raccoon Tests Positive for Rabies in Niantic

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EAST LYME—Ledge Light Health District (LLHD) has announced in a press release that on April 19, a raccoon found on Joyce Ct. in the Niantic section of East Lyme was tested and found to be positive for rabies. The public should rtherefore efrain from feeding or approaching any wild or stray animals.

Rabies is a deadly disease caused by a virus that can infect all warm-blooded animals, including people. It is spread mostly by wild animals, but stray cats and dogs may also become infected and spread the virus. The rabies virus lives in the saliva and brain tissue of infected animals. Rabies can be spread by scratches from infected animals or when infected saliva comes into contact with open wounds, breaks in the skin or mucous membranes (eyes, nose, mouth, etc.)

If you have any questions or concerns, contact LLHD at 860-448-4882 or East Lyme Animal Control at 860-739-3419.

Ledge Light Health District serves as the local health department for Lyme and Old Lyme, along with East Lyme, Groton, Ledyard, New London, North Stonington, Stonington and Waterford, Conn. As a health district, formed under Connecticut General Statutes Section 19a-241, LLHD is a special unit of government, allowing member municipalities to provide comprehensive public health services to residents in a more efficient manner by consolidating the services within one organization.

$880K Supplemental Funding for Lymes’ Senior Center Overwhelmingly Approved by Lyme, Old Lyme Voters, UPDATED

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LYME/OLD LYME— UPDATED 4/18 with voting numbers and quote from Lymes’ Senior Center Building Committee Chair: On Monday evening, Lyme and Old Lyme residents overwhelmingly passed motions to approve supplemental budget appropriations for the renovation of the Lymes’ Senior Center. Both votes were held initially by voice and so convincing—only one ‘No’ was heard at either location—that no paper vote was requested.

Eighty-three Lyme voters approved an amount of $220,000 at their Special Town Meeting held starting at 6 p.m. at Lyme Town Hall and around 175 Old Lyme residents approved $660,000 at their meeting held in the Lyme-Old Lyme Middle School auditorium beginning at 7:30 p.m. the same evening.

With these budget appropriations totaling $880,000 approved by the towns, the Lymes’ Senior Center Building Committee now has all the approvals necessary to accept the trade bids opened Feb. 6 of this year so the project can move forward and construction can begin. Those bids expired May 6, and so the timing of this vote was critical.

Asked by LymeLine what her reaction to the vote was, Lymes’ Senior Center Building Committee Chair Jeri Baker said via email, “I am so grateful that the confidence is there to move us forward.”

The initial $1.33 million overrun on the approximately $5.46 million project, which was identified when the trade bids were opened, had already been reduced through approximately $602,000 in construction savings.

Meanwhile, contingency funds for the project had been increased by nearly $65,000 to cover any unforeseen circumstances. Those two moves reduced the initial $1.33 million overage to $800,000.

An additional appropriation of $80,000 to cover the kitchen upgrades was requested by the towns, taking the total value of the supplemental budget appropriation for both towns combined to $880,000.

As of last night, that amount has now been approved and Building Committee Chair Jeri Baker says that—once construction begins—the committee anticipates a 10-month schedule for the completion of the project, barring any unforeseen circumstances.

Lyme residents had approved an initial appropriation of $1,315,886 at last year’s Town Budget Meeting and Old Lyme residents had similarly approved an initial appropriation of $4,158,407 at a Town Referendum held June 20, 2023. Since that time, through efforts of the towns and the committee, the project has been awarded $1 million in grants from the state.

When the renovations are completed, the Senior Center will offer:

  • An additional 3,265 square feet of interior space (for a total of 8,737 square feet of interior space) that will enable the center to accommodate more members and activities.
  • Motorized room partitions that allow for multiple room configurations so programs and activities can take place simultaneously.
  • An enlarged kitchen space with multiple kitchen upgrades that allows for greater center luncheon attendance.
  • A quiet library room where members can relax and/or read.
  • A greeting area that is separate from the activities area.
  • A public entrance that can accommodate the arrival and departure of buses and emergency vehicles.
  • Redesigned entryway and hallways, improved door thresholds and additional shelving and storage space.
  • A new roof, porch, cupola, windows, walkways and landscaping.
  • New furniture throughout.

For further information on the Senior Center renovation, visit this link.

LYSB Receives More Than $400K from State Nonprofit Grant Program to Fund Renovations

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HARTFORD, CT/OLD LYME — On April 10, Governor Ned Lamont announced that his administration is awarding approximately $35.5 million in state funding to nonprofit providers across Connecticut for capital improvement projects that support each respective organization in their mission of delivering services to some of the state’s most vulnerable residents.

One of the recipients is Lymes’ Youth Service Bureau (LYSB) in Old Lyme, which will receive $400,256 to support renovations. A post on the LYSB Facebook page explains, “The grant will be used to renovate and modernize the LYSB main office building, bring all mechanical systems up to code, maximize energy efficiency, improve safety and ADA accessibility.”

The post continues, ” The grant will cover 75% of the project budget, with the remaining 25% coming from LYSB donations. Although LYSB’s building is lovely and structurally sound, just about everything is old and failing. This project will ensure that LYSB is able to serve their clients and our community for generations to come.”

In conclusion, the post notes, “Last awarded in 2018, this current round of awards was highly competitive.”

Other recipients in the local area are Safe Futures of New London, which will receive just over $380,000 to support upgrades to its emergency domestic violence shelter, along with renovations at Phoenix House Transitional Housing; and the Child and Family Agency of Southeastern Connecticut in New London, which will receive $295,000 to support facility improvements.

The grants are being released through the state’s Nonprofit Grant Program, which is administered by the Connecticut Office of Policy and Management. They will be used to fund capital projects not typically reimbursed through other funding mechanisms and will support items such as facility alterations, renovations, improvements, and additions; new construction; health, safety, and Americans with Disabilities Act projects; energy conservation improvements; information technology systems; technology that promotes client independence; purchase of vehicles; and acquisition of property.

“Connecticut’s nonprofit providers support residents in every town and are a vital part of our social services safety net,” Governor Lamont said. “Providing funding to make strategic investments helps these organizations deliver the services some of our most vulnerable residents depend upon. This grant funding will help all of the residents that these organizations support be able to utilize their personal strengths, talents, and passions.”

Established in 2013, this program has provided more than $130 million to the state’s nonprofit organizations, supporting about 750 projects. Today’s awards, which support 94 projects, are the program’s eighth round of grants.

State Senator Martha Marx (D-New London) welcomed the announcement saying, “Community nonprofits play an important role in supporting and lifting up members of our communities, and knowing these funds will support those in need and bolster the services aiding them is incredibly meaningful.”

She added, “I’m grateful to Governor Lamont and my fellow legislators for making sure this funding will support transitional housing, domestic violence victims and renovations to the Lymes’ Youth Service Bureau.”

Gov. Lamont commented, “Connecticut’s nonprofit providers support residents in every town and are a vital part of our social services safety net. Providing funding to make strategic investments helps these organizations deliver the services some of our most vulnerable residents depend upon.”

He concluded, “This grant funding will help all of the residents that these organizations support be able to utilize their personal strengths, talents, and passions.”

OL First Selectwoman Shoemaker Declares April as ‘Donate Life’ Month; Celebratory Flag-Raising Held in Old Lyme

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Old Lyme First Selectwoman Martha Shoemaker (D)

OLD LYME – On Friday, April 5, at 10:30 a.m., the public is invited to the Town of Old Lyme’s flag-raising ceremony kicking off National Donate Life Month at Old Lyme’s Memorial Town Hall. The Donate Life flag will fly at the town hall through April to raise awareness of the critical need for organ donors.

First Selectwoman Martha Shoemaker sees the National Donate Life Month as a great time to register as organ and tissue donors. “As a young adult, I indicated my wish to become a donor both on my driver’s license and by sharing my wishes with my family,” Shoemaker said. “If you wish to be considered for organ donation at the end of life, you simply add that to your driver’s license during renewal time with the Department of Motor Vehicles. It’s a very simple process,” she added. 

The annual National Donate Life Month honors those who have given the gift of life through organ and tissue donation, either as a living donor or at the end of life. For those whose lives have been saved or healed as a recipient of a transplant, National Donate Life Month provides a chance to share their stories and encourage more people to register as donors and learn about living donor opportunities.

In 2017, Old Lyme witnessed town residents Rob Wallace and Ryan Lee create a lifelong bond through Lee’s donation of a section of his liver to Wallace. Wallace was in dire need of a liver transplant due to liver cancer, and Lee stepped forward to donate once learning about Rob’s journey.

Gathered together in this file photo are Rob Wallace (third from right) and his wife Lori (second from left) and their three children.

“This June 28th, I will be celebrating my seventh-year cancer-free,” Rob Wallace noted, continuing, “It saved my life! Having a ‘liver giver’ is God’s gift. I feel amazing. I was blessed!” 

Living donations are possible for livers, which slowly regrow to nearly their full original volume about a year after a partial liver donation, and for kidneys, since donors can live well with just one of their two kidneys.

Wallace’s liver donor Lee commented, “Helping a neighbor in need as a living donor is one of the most rewarding things, I’ve ever been a part of – I wish I could do it again!” Since then, Wallace and Lee have both been active in promoting living donations and in spreading the word for others who are now searching for a donor to save their life. 

According to the National Institutes of Health, while 95 percent of Americans are in favor of being a donor, only 58 percent of the U.S. adult population are registered organ and tissue donors. However, the number of people in need of transplants continues to outpace the number of organs donated.

According to OrganDonor.gov, as of September 2023, about 108,000 people in the US wait for a matching organ transplant and a second chance at life. On average, 17 people die each day because a matching organ is not donated in time. Shoemaker says registering your decision to become a donor is the most effective way to save lives through donation and is a sign of support to those who continue to wait.

Donate Life Connecticut Executive Director Lindsay Vigue is a living donor of a kidney. She said, “I have been able to see how donation impacts not only the life and health of a singular person, but their family and community. There are too many people waiting on the transplant list. In this life, if we are able to help another with the gift of life, while we are here or after we are gone, that is one of the most powerful legacies we can leave.”  

In addition to organ donation, tissue donations help over one million individuals each year.  Heart valve, bone and skin donations give recipients a new chance at a healthy life; the recovery of tendons and ligaments can help heal a severe sports injury, while cornea donations give the gift of sight.

For more information about becoming a potential organ or tissue donor, and/or learning how to indicate your wishes via the Department of Motor Vehicles, visit DonateLifeCT.org.

Editor’s Note: We were pleased to support the efforts to find a donor for Rob Wallace back in 2017. Visit this link to read our article about the search.