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    Monday, May 20, 2024

    Old Lyme residents successfully oppose proposed public access agreement

    A driveway at 12 Tantummaheag Road curves to the left, and the public path leading to the waterfront is straight ahead on the right, Saturday, Sept. 11, 2021, in Old Lyme. (Dana Jensen/The Day)
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    Old Lyme ― Residents on Monday shot down a proposed agreement that some town leaders had hoped would forestall a lawsuit amid the continuing fight over who has the rights to Tantummaheag Landing.

    The Town Hall meeting room was close to its 100-person capacity when the Board of Selectmen convened a special meeting to solicit public opinion on the temporary agreement with George Frampton and Carla D’Arista, owners of 12 and 19 Tantummaheag Road.

    The couple refer to the unpaved strip from Tantummaheag Road to the cove as their “back driveway.” Locals know it as Town Landing. It’s been used for generations by kayakers and those watching annual gatherings of swallows.

    After hearing objections from most of those who stood up to speak, the three-member board voted 2-1 to reject the agreement. The lone nay vote came from Selectman Jim Lampos, who negotiated the deal with Frampton.

    The agreement would have allowed people to use the road on foot from 8 a.m. to sunset while limiting cars to the paved cul-de-sac at the entrance to the landing that boasts access to Lord Cove and views of Goose Island.

    The move was pitched by Lampos and Frampton as a truce during which the parties could come to a more permanent arrangement through mediation.

    The dispute dates back to Frampton and D’Arista’s purchase of the $1.15 million home in late 2020. Neighbors soon began to complain about signs being taken down and obstructions going up to keep people out.

    Frampton argues the official paper trail going back to the 18th century shows the town hasn’t had a rightful claim to the land for almost 300 years. He pointed to a 2022 statement by Jack Collins, the town’s attorney, acknowledging there was “no evidence in support of the proposition that Old Lyme owns the subject property.”

    Collins and a consulting title attorney instead argued the road was established in the 1700s as a “highway” between Route 156 and the cove, and has been used by the public ever since.

    Frampton, an Ivy League-educated lawyer and self-professed prolific litigator who served as assistant special prosecutor during the Watergate hearings before turning his focus to environmental policy, told the crowd he’s worked enough cases to know he has a “robust civil rights action” if he decides to take the dispute to federal court with claims of governmental overreach.

    But Teri Lewis, chairwoman of the Harbor Management Commission, characterized the homeowners’ efforts to remove signs and plant barriers and build walls as “aggressive overreach into public space.”

    A petition started one week prior on change.org by former Republican first selectman candidate John Mesham had amassed 355 signatures by Monday afternoon. The petition urged town leaders to reject the agreement that could alter access to a “cherished local landmark.”

    “Tantummaheag Landing has been a vital part of our community for years and its accessibility should not be compromised,” the petition states. “It's important that we maintain open and unrestricted access to such spaces that serve as recreational areas for residents and visitors alike.”

    Frampton and D’Arista characterized the petition and social media posts as political. He described the situation as a vitriolic “gang war,” while she said her desired outcome is for those on the left and right to put their pitchforks in the campaign bus “and roll out of our back driveway.”

    e.regan@theday.com

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