By John H. Palmer

WESTPORT — Plans to replace Sherwood Mill Pond’s tidal gates, bridge and walkway moved forward Tuesday as the Representative Town Meeting approved the town’s application for the project, despite efforts to delay action for more study of a controversial beach access issue.

A resolution to approve the $5.58 million project was requested by the town’s public works and conservation directors to maintain and restore the deteriorating infrastructure between Old Mill Road and Compo Mill Cove. Funding for the project already had won final approval from the RTM in November.

RTM members meeting Tuesday in Town Hall backed the administration’s request, with 29 voting in favor, District 9’s Sal Liccione and Jennifer Johnson opposed and Dick Lowenstein, District 5, abstained. 

The vote survived a last-minute attempt by Johnson and District 5 member Peter Gold to delay the decision until June, as they circulated a letter urging RTM colleagues to table the vote to give the Conservation Commission a chance to review the application further because of its complexity. 

The delay, they wrote, also would allow town officials to explore the legality of a gate restricting the general public from entering a private homeowners’ property at Old Mill Beach — now locked but previously open.

“Constituents from all nine RTM districts have clearly expressed their feelings that pedestrian access to Compo Cove should be restored in exchange for funding the walkway reconstruction,” Johnson wrote in her letter.

“With the public footing the $5.58 million price tag to reconstruct the walkway relied on by Cove residents, and stone walls running along Cove properties, it is fair and responsible for the 10 Cove property owners to grant a simple pedestrian easement to the Cove Mill Road and land below the mean high-water mark,” the letter continued.

“If Cove residents fail to act, then the RTM has the authority to limit reconstruction efforts up to the tidal gate and not beyond to the Cove itself and/or seek a minor project amendment to provide public access to areas that are already public property.”

Prior to the discussion of the project, Johnson told RTM members meeting in Town Hall that the Sherwood Mill Pond Committee would be holding a discussion on the issues at 5 p.m. Thursday. An online meeting of about 50 citizens concerned about the issue also is slated at 7:30 p.m. Wednesday.

Most of Tuesday night’s discussion by RTM members and town officials involved in the project revolved around whether the Conservation Commission — which approved the project on Dec. 9 — had time to properly review the ramifications of the project, as well as whether the question of public access legality had been adequately addressed. 

Johnson’s concerns mentioned that because the project involved complete reconstruction of the tidal gates and the infrastructure surrounding it that more time is needed to review the project and make sure RTM members had enough time to read through a packet of 300 pages of administrative information provided during the holiday season.

“I believe we have the info in our pocket,” said District 1 member Matthew Mandell. “There are no extraneous issues here. For me, I don’t see any reason to delay because we have the information here [in the packet]. We have pages and pages of information and our experts telling us to move forward.” He said the RTM’s P&Z and Environment committees would look into the access issue next month.

According to a memo from Conservation Director Colin Kelly, the tidal gates, walkway and bridge have been weathered down from years of exposure to the marine environment, and show signs of deterioration that require complete replacement rather than patching. 

Money OK’d to meet ARPA deadline

Funds for the project needed to be approved before the end of last year to take advantage of the town’s share of American Rescue Plan Act funding, which otherwise would have been lost if the money was not allocated by Dec. 31.

After the appropriation won final approval from the RTM on Nov. 12, the Board of Selectwomen on Nov, 27 signed a contract for the work.

Johnson — who noted the town needs to finish the project within two years to avoid losing the ARPA funds — said that her attempt to delay final approval was not meant to be a sign that she disapproved of the plan; just that she wanted to make sure there was a discussion with Cove Mill homeowners about reopening public access as well as the possibility of building a stairway to access the high water mark.

“Public access should be allowed across the bridge so the rights of people to get to that beach should not be impeded,” Lowenstein said.

District 1 member Chris Tait urged members to remember that homeowners in the Cove Mill area have their own concerns about public access, and reminded them that homeowners in the area contribute some $800,000 to the town’s tax rolls.

“It’s not the evil empire,” he said. “Let’s understand what’s out there for the town.”

John Palmer, a Norwalk native, is a freelance writer who has covered community news in Fairfield County and Massachusetts for over 30 years.