By Meghan Muldoon
WESTPORT — Residents advocating for pedestrian access to the beach at Compo Mill Cove have been dealt a setback after town officials reported the portion of a walkway leading to the beach is privately owned.
At a joint meeting of the Representative Town Meeting’s Environment and Planning and Zoning committees last week, town Engineer Keith Wilberg and Assistant Town Attorney Eileen Flug argued that the public does not have the right to pass through the gated section to access the shoreline.
Pedestrian access rights have become a flashpoint after the town allocated nearly $6 million in federal ARPA funds to reconstruct the Mill Pond tidal gates and walkway.
Wilberg told RTM committee members that title records and maps dating back to 1925 indicate the walkway past the gate is private property. Flug supported this assessment.
“The public definitely has a right to be on public property below the mean high tide line, but it doesn’t require that private property owners provide a path,” Flug said.
After the town officials presented its legal findings, RTM attendees at the meeting largely accepted the conclusions, agreeing that the town has no authority to remove the gate or mandate public access.
As a result, P&Z Committee Chair Matthew Mandell concluded the RTM has no further role in the matter.
“We have no place to go with this,” Mandell said.
Environment Committee Chair Ellen Lautenberg agrees that Tuesday’s forum resolved the outstanding legal questions.
“It was basically unanimous that people felt satisfied that the information confirms that the property is private where that gate is and that the public does not have a right to walk on that walkway or through those properties,” she later told Westport Journal.
Still, Lautenberg said she empathizes with Westporters advocating for restoring the historical public access through the area. “I understand the sentiment. The gate feels like it doesn’t belong,” she said.
Jennifer Johnson, a District 9 RTM member leading efforts to restore access, lamented the town’s position.
“The town was clearly siding with the Cove owners,” Johnson told Westport Journal, referring to Compo Cove Mill homeowners’ association.
“This town is built on a legacy of people who fight for, collectively, our coastal resources,” she said. “It’s disappointing that the town is so quickly deciding that it’s private and there’s nothing we can do about it.”
At the meeting, Johnson argued that Old Mill Road was historically public and research into past litigation showed instances where the town successfully fought for public ownership of coastal areas. She cited a legal battle Westport fought and won over Mill Beach in 1925 against a homeowner claiming private ownership.
Johnson contends there should be more legal analysis of the access/ownership issues, noting the town approved the timber walkway in the 1990s under the assumption of continued public access.
“When the gate went up, whenever it went up, like 15 years ago, someone should have cried foul,” Johnson said.
Despite the setback, Johnson remains hopeful that a resolution can be found, whether through legal action or a negotiated agreement with the Cove property owners. “I don’t think it’s over yet,” she added.
Johnson said community support for pedestrian access to the waterfront via the walkway is growing daily. Still, she admits that there are many obstacles ahead and without the town’s resources on her side, it will be a costly and challenging process.
“This is a fire hose and I’m an ant,” Johnson said.
Meghan Muldoon is a freelance writer.
I have reviewed the title search and accompanying maps and deeds and am of the opinion that the decision reached is correct. The walkway is private property and the homeowners have the right to the gate preventing public access.
At the same time however, I can’t help but feel that it is a shame that public pedestrian access to this unique and beautiful side of the pond and the coastline should be restricted for the benefit of a relative few who have effectively created a gated community.
Sometimes, as Shakespeare observed, “The law is a ass”.
On December 14, 2014 when Westport’s operations manager Dewey Lossell came before the P&Z for approval to lurchase the two properties and remediate that wall and flood gates, he informed the commissioners that the public would have public access through that walkway gate.
The commissioners specifically stated that in considering the approval they did not want that gate locked and Mr. Lossell stated that the public would have access to that park which is a very good place to fish.
This was a promise made and approval was granted.
The link to this archived meetings is here:
http://view.earthchannel.com/PlayerController.aspx?&PGD=westportct&eID=125
After further review, I’ve come to learn that the gate Dewey Lossell was referring to in that 2014 P&Z meeting was a different one than the one now in question.
As such I stand corrected.
The law and the title information seem clear. So why is the Town of Westport and not the local residents paying for the walkway refit? Seems like the folks on the other side of the gate have pretty deep pockets judging by the property transfers the last few years.