By Gretchen Webster

An undated view of the stone wall that surrounds the property at 18 Treadwell Avenue.

WESTPORT – The Board of Selectwomen on Wednesday awarded a Treadwell Avenue couple a rare waiver to keep a stone wall on their property, even though it encroaches on a town right-of-way.

The town rarely allows property owners to encroach on town land with stone walls, fences or any other structures, but due to the fact that the wall “does not present a hazard” and the town does not have plans to build sidewalks or other infrastructure improvements on the town property, the board decided to give the homeowners a break. The selectwomen voted unanimously to approve the waiver, contingent on approval by the Town Attorney’s office.

Age could save the stone wall

The stone wall in question is in front of 18 Treadwell Avenue, a home owned by Ian and Janelle Carow. There is a possibility that the wall could have significant historical value, however it’s unclear when the house and wall were built. According to some real estate records, the house was built in 1865. According to the Historic Resources Inventory compiled by the town’s Historic District Commission, the house was built around 1903 and is known as the Joseph Adams House. Efforts to reach the Carows for comment were unsuccessful.

New England properties and woods surrounding them are crisscrossed with old stone walls built by European settlers as early as the 1600s, when property lines and farming fields were delineated by building stone walls. As time went on, vegetation and forests grew over these fields, leaving behind some of the walls, and as development progressed some builders used some of the walls as part of the décor of properties.

Ian and Janelle Carow plead their case at the Board of Selectwomen meeting on March 26.

Town regulations require stone walls built before 1989 to be protected because of their historical value. Town Engineer Keith Wilberg, who recommended against granting the waiver, said he could not find any maps clearly listing the date the stone wall was built.

Leaving things open for future changes

There is already a sidewalk on the other side of Treadwell Avenue from the house. Town property that abuts private property usually must be kept clear for utility connections, and for snowplowing and road maintenance, town officials often explain to property owners seeking a waiver to keep stone walls or other structures within town setbacks.

When Selectwoman Candice Savin asked if a waiver to keep the wall intact could ever be rescinded by the town if the wall became unsafe in the future, Wilberg said the town always has a right to make a change if there is a hazardous situation.

“The town has a right to withdraw an easement at any time,” Wilberg said.

Freelance writer Gretchen Webster, a Fairfield County journalist for many years, was editor of the Fairfield Minuteman and has taught journalism at New York University and Southern Connecticut State University.