Five years after Little Compton unknowingly opened the flood gates at the Little Compton Town Landing by accepting a state grant that came with strings attached, the town's attorney will petition the state DEM to allow more local control over the majestic oceanfront property, which many residents complain has been crowded by out-of-town residents ever since.

Solicitor Anthony DeSisto got the OK from town council members last week to reach out to the DEM, and while he said “we can’t unring the bell,” perhaps the town can impose “reasonable limits” on the type and extent of use there in the interest of preserving and maintaining the fragile property at certain times of year, he said.

“I”m hoping to get some ideas of the restrictions (and) what type of measures should be taken."

What happened?

In 2020, the town was approved for an $80,000 DEM grant to help upgrade and improve the landing by adding a dedicated parking area for two dozen cars, improve the access road, re-sod the field and do some drainage work.

But for many years prior, access to the property was restricted, on paper at least, to Little Compton residents. It was deeded to the town by the late Hester B. Simmons, who died in 1948 and specified in her will that the property would be "for the benefit and pleasure of people within the community in perpetuity."

Town regulations codified that requirement, including a section of the town code that specified that the "Hester B. Simmons lot shall be for the use of town residents only," and ithe 2018 Comprehensive Town Plan, which listed the landing as a protected recreational area for use by "town residents."

But since the DEM grant's funding source was federal, the town's acceptance of the grant meant that locals no longer had the right to restrict the property to Little Compton residents only — DEM currently holds a restrictive easement requiring access to all, regardless of where they live.

Since then, residents have complained that the small parking area is often filled by surfers and sight-seers, many from outside Little Compton, making it difficult for local residents to access it as they once did.

“It was a really special place and we just signed it off,” David Rockermann told councilors Thursday evening. Prior to the acceptance of the state grant, "none of us were here saying we need access because everybody could go. But now you can’t.”

"Everybody's always enjoyed it from the outside too, but now it's difficult to get in. We put our faith in (town officials) to do your due diligence — it's not about trying to stop the people getting in; there was a problem in the way it was done. To just give that (local control) up to the state for $80,000 is a little laughable."

What's to be done?

DeSisto said he has tried to address the situation in multiple discussions with DEM attorneys. A question of whether Little Compton could return that $80,000 and thus reclaim local control was answered with a "hard no," and another possible solution wasn't a solution at all — DeSisto said DEM informed him that "if the town was willing to swap, so to speak, a property of similar recreational and scenic value for this one," that could satisfy the state.

But "I don't think (that's) possible given the unique characteristics of the town landing."

However, DeSisto said there is a clause in the DEM agreement that, with approval, project sponsors "may impose reasonable limits on the type and extent of use of areas and facilities acquired or developed ... when such a limitation is necessary for the maintenance or preservation of the property."

"I would suggest that if the council is willing to pursue it, that we petition the DEM to have some regulations in there when the town landing gets maximum use, when surf's up."

Council members gave him the go ahead.