741 Colonel Ledyard Highway

Ledyard, CT 06339-1511

TOWN OF LEDYARD

Town Meeting

Meeting Minutes

Special Town Meeting - Conveyance Thamesview Pentway Easements

Wednesday, May 8, 2024 6:30 PM

CALL TO ORDER

Town Council Chairman S. Naomi Rodriguez called the meeting to order at 6:49 p.m.

There were 19 people in attendance and 1 remote attendee.

II.

PLEDGE OF ALLEGIANCE

III.

CALL FOR NOMINATIONS FOR MODERATOR

The Chairman called for nominations for Moderator.

Carmen Garcia-Irizarry, 58 Eagle Ridge Drive, nominated Gary St. Vil, 2 Thompson Street.

Seconded by Tony Saccone, 29 Richard Road.

Mr. Kevin Dombrowski, 139 Meetinghouse Lane, then moved to close nominations, seconded by

Tim Ryan, 62 Inchcliffe Drive.

IV.

ELECTION OF MODERATOR

Those voting in favor of Mr. St. Vil as Moderator: All present. Opposed: None.

CALL OF THE TOWN MEETING

Moderator St. Vil asked for the Call of the Meeting to be read.

Town Clerk Patricia A. Riley so read the Call of the meeting.

A special town meeting of the electors and citizens qualified to vote in town meetings of the

Town of Ledyard, Connecticut, will be held in a Hybrid Format (In-Person and Video Conference) at

the Ledyard Town Hall Annex Building, Council Chambers, 741 Colonel Ledyard Highway in

Ledyard, Connecticut, on the 8th day, May, 2024 at 6:30 p.m. for the following purpose:

To consider, discuss and vote upon the following:

“SHALL THE TOWN OF LEDYARD ACCEPT THE CONVEYANCE/TRANSFER OF THE

FOLLOWING PARCEL AND EASMENT AREAS FOR NO COMPENSATION, AS DEPICTED

ON PLAN ENTILED “PROPOSED BOUNDARY LINE ADJUSTMENTS IN THE AREA OF

ROUTE 12 AND THAMESVIEW PENTWAY, GALES FERRY, CONNECTICUT” PREPARED

BY CLA ENGINEERS, AND APPROVED BY THE DIRECTOR OF PLANNING IN THE

BOUNDARY LINE ADJUSTMENT APPLICATION NO. ZP#5946:

1. THE 0.04 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 Special Town Meeting 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

Please join the video conference meeting from your computer, tablet, or smartphone at:

<https://us06web.zoom.us/j/81315032400?

pwd=VUFBim1UTUSCAPxdY1bi73v8fbryAX.1>

or by audio only dial: +1 646 558 8656 Meeting ID: 813 1503 2400; Passcode: 645381

At this Special Town Meeting interested persons may appear and be heard and written

Communications will be accepted at towncouncil@ledyardct.org

<mailto:towncouncil@ledyardct.org>.

Dated at Ledyard, Connecticut. this 25th day of April 2024.

For the Ledyard Town Council

s/s S. Naomi Rodriguez, Chairman

RETURN OF PUBLICATION AND POSTING OF NOTICE

I, S. Naomi Rodriguez, chairman of the Ledyard Town Council, do herby certify that I caused a copy

of notice of Hybrid Format (In-Person and Video Conference) Special Town Meeting to be held

Wednesday, May 8, 2024 at 6:30 p.m., to be legally posted in the office of the Town Clerk and that I

caused a copy of said notice to be published in The Day, a newspaper having a circulation in the

Town of Ledyard, in its issue of Monday, April 29, 2024.

s/S. Naomi Rodriguez, Chairman

Ledyard Town Council

Dated at Ledyard, Connecticut

This 9th day of May 2024

Attest:

PATRICIA A. RILEY

Town Clerk

VI.

MOTION MUST BE MADE AND SECONDED

Moderator St. Vil then proceeded with a call for a motion to put the question.

Mr. Kevin Dombrowski moved, seconded by Tim Ryan, 62 Inchcliffe Drive, that the Town votes

upon the following:

MOTION 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 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.

VII. PRESENTATION

A presentation was given by Public Works Director and Town Engineer, Steve Masalin.

There are a number of components involved with these conveyances/transfer of the following

properties:

(1) The 0.04 acres shown as “Parcel C” on referenced map (see below), a portion of Thamesview

Pentway to be conveyed to the Town from Mr. Noah Cardinal.

This is a portion of 2 Thamesview Pentway that was currently owned by Noah Cardinal. In

accordance with Ordinance: # 300-028 “Town of Ledyard Private Easements And Rights-Of-Way

Ordinance” the town has been currently maintaining this area of Thamesview Pentway; therefore,

taking ownership of this area would not incur any additional costs to the town.

(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.

This area is located over a portion of 1764 Route 12, Gales Ferry, which was being conveyed

from Daniel Stanavage, which would also to be used by the Town for the purpose of snow

removal/snow stacking.

(3)

The 685.67 square foot 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. (self-explanatory)

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.

In addition, there were 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 would straighten out these property

boundaries.

The town’s involvement with the conveyance/transfer of these easements areas was negligent on

the part of the town.

Currently the Town has seven Pentways; and although the town typically owns 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 involves 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 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.

VIII. MODERATOR CALLS FOR PUBLIC COMMENT

Moderator St. Vil then issued a call for Public Comment.

Town Councilor, April Brunelle, asked if it is customary that we don’t involve a realtor to do a title

search when there is a transfer of land. She also asked that instead of the land being turned over to

the town, could it have been just added to the pentway.

Mayor, Fred Allyn III, responded that as an example, the town requires road widening strips when

new subdivisions are put in and these transfer all of the time. The Town doesn’t have attorneys

involved with that. Mayor Allyn added that these properties are currently under private ownership.

Councilor, Kevin Dombrowski, mentioned that as Public Works Director, Steve Masalin stated, it’s

under an ordinance that the town maintain these properties that are already privately owned under a

pentway. It’s part of the conformity that the town assumes these small portions to maintain.

Councilor, Tim Ryan, clarified that the only thing the town is voting on tonight is the transfer of the

land to the town. All that’s been discussed about private ownership is not what is being voted on.

Even if the vote goes through and the town takes ownership of these easements, the easements that

the town would take ownership of are along the pentway.

Mayor Allyn, added that there are three parcels. Two of these parcels are easements. The 0.04

parcel is the only parcel that the town will acquire ownership of.

Terry Jones, 27 Monticello Drive, mentioned that during the public hearing there was some

back and forth of ownership of the parcel. If the claim by Mr. Ryan Allen turns out to be

correct and the action is taken tonight at the town meeting, would it be a legal conveyance if

the person who conveyed the property did not have ownership.

Public Works Director, Steve Masalin, stated that they would have to look at what’s being

conveyed. He said you’re looking at easements which are not the actual property. He’s not

suggesting the easements would be nullified but it would just fall back on the ordinance

stipulation that says the town has ten feet off the road. The parcel that’s being conveyed is by

Mr. Cardinal and is not part of 1764 Route 12. The parcel that the pentway runs through that

the town would be gaining is 2 Thamesview Pentway. Then what is left is the easement from

Mr. Stanavage that is granted on his presumed ownership of 1764 Route 12.

Mr. Terry Jones, stated that the 0.04 acres would still be valid. The question is only regarding

the easement. Perhaps the town may even be able to take it by public domain.

Mr. Steve Masalin, stated that no access will be compromised.

Councilor, Gary St. Vil clarified that there are two portions of this motion. The first is to

rectify the conformity of a cluster of lots in said location. No one seems to disagree with that.

The only disagreement heard in the public hearing and at this special town meeting is the right

to ownership. If ownership is a concern, it would be a recourse for any individual that believes

a land is not owned by the town or others doing business within the town. He also stated that at

this meeting there is not the correct knowledge base or authority to answer that concern.

The second is speaking to the conformity of these lots and the statutes that a letter from the

previous Town Planner that conforms to Planning and Zoning. Mr. St. Vil asked if there was

any reason this cluster of lots being proposed would be non-conforming or prove to be a burden

to the town.

Mr. Steve Masalin, answered no, and that he would have to defer to the former Planning

Director for the effort she put in to make all these pieces fit together. He is convinced that she

did what she needed to do to make that the case and that her case was also read into the public.

Kate DiPalma-Herb, 20 August Meadows, wanted clarification that there were three pieces of

property that were named in the agenda but then it sounded like it only came down to the one

small piece by Mr. Cardinal.

Councilor St. Vil, explained that the motion that is proposed is one piece of land 0.04 acres

(parcel C), that is going to be conveyed to the town and two easements that will also be allowed

by the town. That is the subject of what we are going to vote on this evening. The confusing

part is there are a lot of moving parts to get there.

Ms. DiPalma-Herb, wanted to know who benefits from the easements.

Councilor St. Vil, offered her to make her own determination.

Steve Masalin, Public Works Director, answered that these easements allow for snow removal

efforts.

Kate DiPalma-Herb then asked if the garage had been removed.

Kevin Dombrowski, Town Councilor, stated that looking at the map, the garage up by the

Route 12 area has but the area they are discussing is on the right end side. The blue garage is

still standing.

Joanne Kelley, 12 Thamesview Pentway, wanted clarification in that a series of transactions

that happened prior to this. Mr. Stanovich received some land from the state and land from Mr.

Cardinal and now Mr. Stanovich is conveying some of his land to the town.

Gary St. Vil, Town Councilor told her that its parcel C, D, & E. Ms. Kelley was shown where

these parcels were located on the map.

Joanne Kelley asked if this parcel of land gives some frontage or access to Route 12 that it

didn’t have before.

Councilor Tim Ryan, informed her that the only thing being voted on tonight is the land

transactions to the town. The private transaction is not.

Mayor Allyn, added that the homeowners approached the town and that the Public Works

Director always works to help non-conforming parcels. By him doing this, the pentway and the

land strips help to improve that.

Councilor Carmen Garcia-Irizarry, 58 Eagle Ridge Drive, inquired when the easements were

established and how long has the town been maintaining the pentway.

Mayor Allyn, responded that the easements haven’t been established yet.

Mr. Steve Masalin, continued by stating that the town has been maintaining the pentways for a

long time. Way before he started over 30 years ago. He explained that the access rights are

grandfathered in by some statutory obligations for the town to maintain them. This is also why

they are obligated to keep them open as public access.

Ms. Garcia-Irizarry, asked when it’s discussed to make the area conforming and what is Land

Use’s role.

Mayor Allyn, explained that usually square footage is added to make it conforming or closer to

conforming, such as a set-back from a road similar to Mr. Stanavage’s property.

Joanne Kelley, remarked that there was a dirt road up until Joe Lozier paved it about 30 years

ago. #7 owns the pentway now even though they never used to be in existence. They have only

been in existence since the subdivision approval about ten to fifteen years ago. It was just

recently purchased. Somehow it went from being owned by all the property owners to being

owned by #7 which is a recent lot. It makes it all that more confusing.

Ryan Allen, 1754 Route 12, wanted to mention Harriet Sonk, she lived to be 101 years old.

She left a lot of stuff in the house. She also received a lot of mail. Turns out she donated a lot

of money to different organizations. Over 25 organizations. She seemed like a great individual

and wanted the council to know that.

IX.

DISCUSSION CONCLUDED - MODERATOR CALLS FOR VOTE

Moderator St. Vil called for a vote on the question.

“SHALL THE TOWN OF LEDYARD ACCEPT THE CONVEYANCE/TRANSFER OF THE

FOLLOWING PARCEL AND EASMENT AREAS FOR NO COMPENSATION, AS DEPICTED

ON PLAN ENTILED “PROPOSED BOUNDARY LINE ADJUSTMENTS IN THE AREA OF

ROUTE 12 AND THAMESVIEW PENTWAY, GALES FERRY, CONNECTICUT” PREPARED

BY CLA ENGINEERS, AND APPROVED BY THE DIRECTOR OF PLANNING IN THE

BOUNDARY LINE ADJUSTMENT APPLICATION NO. ZP#5946:

1. THE 0.04 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?”

Those voting in favor of: 11 Opposed: 5 Motion Carries

I\X. ADJOURNMENT

Town Councilor and Moderator, Gary St. Vil moved that the meeting be adjourned.

The Special Town Meeting was adjourned at 7:22 p.m.

Respectfully submitted,

Patricia A. Riley, MCTC

Ledyard Town Clerk