City of Ledyard CT header
File #: 24-0282    Version: Name:
Type: Land Use Application Status: Agenda Ready
File created: 3/26/2024 In control: Town Council
On agenda: 5/8/2024 Final action:
Title: (1) To accept the conveyance/transfer of the following parcel and easement areas 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 for no compensation, 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". (1) (2) (3) (4) Background: There are three (3) different "areas" being conveyed to the Town; eac...
Attachments: 1. Thamesview Pentway Planning & Zonning Approved 8-24 Refview-2024-04-15.pdf, 2. 7516_Overall Adjustment Plan-Thamesview Pentway-2024-03-27 Stamped.pdf, 3. 7516_Overall Adjustment Plan-Thamesview Pentway-2024-03-27 HIGHLIGTED STAMPED EASEMENT.pdf, 4. APPLICATION ZP#5946 - 1764 ROUTE 12 & THAMES VIEW PENTWAY.pdf, 5. 1764 Route 12-Easement D Description.pdf, 6. 1764 Route 12-Parcel B Description.pdf, 7. Thamesview Easement E Description.pdf, 8. Thamesview Pentway -Parcel A Description.pdf, 9. Thamesview Pentway -Parcel C Description.pdf, 10. APPLICATION ZP#5946 - 1764 ROUTE 12 & THAMES VIEW PENTWAY-PLANNING DIREACTOAR EMAIL-2024-03-26.pdf, 11. ORD-#300-028-Ledyard Pentway Ordinance-2019-09-25.pdf
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LAND USE APPLICATION

 

Subject/Application:

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(1)                     

To accept the conveyance/transfer of the following parcel and easement areas 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 for no compensation, 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”.

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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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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.

 

 

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.

 

 

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: