LAND USE APPLICATION
Subject/Application:
title
LEGAL NOTICE
TOWN OF LEDYARD
NOTICE OF PUBLIC HEARING
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Legal Notice:
In accordance with CGS 07-163e the Ledyard Town Council will conduct a Hybrid Format (In-Person and Video Conference) Public Hearing on Wednesday, May 8, 2024, at 6:15 p.m. to receive comment on the following:
For the Town of Ledyard to accept the conveyance/transfer of the following parcel and easement areas for no compensation as depicted on plan entitled “Proposed Boundary Line Adjustments In the Area of Route 12 and Thamesview Pentway, Gales Ferry Connecticut” prepared by CLA Engineers, and as approved by the Director of Planning in the Boundary Line Adjustment Application No. ZP#5946:
(1) The .04 acres shown as “Parcel C” on above-referenced map, a portion of Thamesview Pentway to be conveyed to the Town from Mr. Noah Cardinal.
(2) The 259.08 square feet area shown as “Easement Area D” to be conveyed from Daniel W. Stanavage (1764 Route 12) to the Town for the purpose of snow removal/snow stacking.
(3) The 685.67 square feet area shown as “Easement Area E” on above-referenced map, to be conveyed to the Town from Mr. Noah Cardinal (2 Thamesview Pentway) for the purpose of snow removal/snow stacking.
Please join the Public Hearing in-person or remotely as follows:
In-person attendance will be at the
Council Chambers, Town Hall Annex Building
741 Colonel Ledyard Highway, Ledyard, Connecticut
Join the video conference meeting from your computer, tablet, or smartphone at: <https://us06web.zoom.us/j/81299386824?pwd=HdVtW0pd8OH6WXKE7wZpm6bF3klF6b.1>
or by audio only dial: +1 646 558 8656 Meeting ID: 812 9938 6824; Passcode: 309495
At this hearing interested persons may appear and be heard and written communications will be accepted at towncouncil@ledyardct.org <mailto:towncouncil@ledyardct.org>.
A vote regarding the conveyance/transfer of these properties will be held at a Special Town Meeting scheduled for May 8, 2024 at 6:30 p.m.
Dated at Ledyard, Connecticut this 25th day of April, 2024.
For the Ledyard Town Council
s/s S. Naomi Rodriguez, Chairman
PLEASE PUBLISH: April 25, 2024 & April 29, 2024.
Background:
There are three (3) different “areas” being conveyed to the Town; each at no cost to the Town.
• The first is shown as “Parcel C” on the map. It is .04 acres. This is a portion of 2 Thamesview Pentway that is currently owned by Noah Cardinal. In accordance with Ordinance: # 300-028 “Town Of Ledyard Private Easements And Rights-Of-Way Ordinance” the town was currently maintaining Thamesview Pentway; therefore, taking ownership of this area would not incur any additional costs to the town.
• The second is a 259.08 sf area identified as “Easement Area D” (259.08sf) located over a portion of 1764 Route 12, Gales Ferry, which was being conveyed from Dan Stanavage also to be used by the Town for the purpose of snow removal/snow stacking.
• The third is a 685.67 square feet area identified as “Easement Area E” that is being conveyed from Noah Cardinal. The Town was also using this area for the purpose of snow removal/snow stacking.
Additional Background:
There are a number of components involved with these conveyances/transfer of properties. Some personal-private interests in terms of realigning the property boundaries to account for some structures that were currently overlapping the various boundary lines in that area. The conveyance of these areas of land are to straighten out some property boundaries to facilitate what the two property owners were doing with their properties.
The boundary line adjustments, which included a lot line adjustment with the State would provide the abutting property, which currently did not have any frontage, with frontage along Route 12.
The town’s involvement with the conveyance/transfer of these easements areas was a negligent interest on the part of the town.
Currently the Town had seven Pentways in town; and although the town typically owned no land on the Pentways, the town had some Grandfathered Liability to maintain the Pentways at some level of a town road. Ordinance: #300-028 “Town of Ledyard Private Easements And Rights-of-Way Ordinance” was established to codify the management of the Pentways and to provide boundaries on what the town would do on behalf of the residents who lived off of Pentways.
The easement areas being addressed in the proposed conveyance/transfer was a very small area at the bottom of Thamesview Pentway, which was the entry point to the Pentway. Accepting these easements would give the town some ownership of a part of a Pentway; however, it would not change the town’s obligations in terms of what they do there. Last summer (2023) the Town previously reconstructed the entire Pentway, including the drainage, and the Pentway was now as good as any town road.
Through an Informal Agreement with property owner Mr. Noah Cardinal would move a retaining wall that put on the edge of the Pentway was back away from the road.
The official easement would provide town ownership and recognize that Mr. Cardinal would move the retaining wall that the edge of the Pentway and has caused problems for snow removal.
Although it looked like a lot was happening to the Pentway, that it would not change the Town’s obligations or what they would gain from the ownership of the easements.
There would be no costs to the Town as Mr. Daniel Stanavage, 1764 Route 12, Gales Ferry, has incurred most of the costs, which included the engineering work, Ledge Light Health District Test Holes, and associated work.
The Planning & Zoning Commission provided a Favorable 8-24 Review regarding the conveyance of these areas at their April 11, 2024 meeting.
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Public Act & Town Charter Requirements:
In accordance with CGS 7-163e a Public Hearing is required
Sec. 7-163e. Public hearing on the sale, lease or transfer of real property owned by a municipality. (a) The legislative body of a municipality, or in any municipality where the legislative body is a town meeting or representative town meeting, the board of selectmen, shall conduct a public hearing on the sale, lease or transfer of real property owned by the municipality prior to final approval of such sale, lease or transfer. Notice of the hearing shall be published in a newspaper having a general circulation in such municipality where the real property that is the subject of the hearing is located at least twice, at intervals of not less than two days, the first not more than fifteen days or less than ten days and the last not less than two days before the date set for the hearing. The municipality shall also post a sign conspicuously on the real property that is the subject of the public hearing.
(b) The provisions of subsection (a) of this section shall not apply to (1) sales of real property, except parkland, open space or playgrounds, if the fair market value of such property does not exceed ten thousand dollars, (2) renewals of leases where there is no change in use of the real property, and (3) the sale, lease or transfer of real property acquired by the municipality by foreclosure.
In accordance with Chapter VII; Section 9 of the Town Charter
and any sale or purchase of real estate or interest therein shall become effective only after it has been approved by the Town Council and adopted at a Town meeting by a majority vote of the qualified voters present and voting at such meeting.
Land Use Director/Town Planner:
There are additional adjustments being made in this area as shown on the referenced map/plan to reduce the numerous non-conformities that exist and to eliminate the confusing scenario whereby a property owner owns a portion of a “road” that is used by many and actually maintained by the town.
The changes will enable the redevelopment of existing “garage” into a more conforming use in the Zone while still providing the required frontage for both of the lots involved.
The plans have been reviewed several times with the applicant and Director of Public Works.
The deeds are being drafted and will be available prior to the meeting.
Mayor Recommendation: