741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Land Use/Planning/Public Works

Committee

Meeting Minutes

Chairman S. Naomi

Rodriguez

Regular Meeting

Monday, September 9, 2024

6:00 PM

Town Hall Annex - Hybrid Format

In -Person Annex Meeting Room; Town Hall Annex

Remote Participation: Information Noted Below:

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508115

CALL TO ORDER

The meeting was called to order by Councilor Buhle at 6:00 p.m. at the

Town Hall Annex Building.

Councilor Buhle welcomed all to the Hybird Meeting. He stated for the Town Council Land

Use/Planning/Public Works Committee and members of the Public who were participating

via video conference that the remote meeting information was available on the Agenda that

was posted on the Town’s Website - Granicus-Legistar Meeting Portal.

II.

ROLL CALL

Gary St. Vil

Present:

Jessica Buhle

Kevin Dombrowski

In addition, the following were present:

S. Naomi Rodriguez, Town Council Chairman

Elizabeth Burdick, Land Use Director-Town Planner

Alex Samalot, Zoning Enforcement Officer, Blight Officer

Earl (Ty) Lamb, Historic District Commission Chairman

Karen Parkinson, Historic District Commission Member

Susan Johnston, Resident

Deborah Edwards, Resident

Roxanne Maher, Administrative Assistant

III.

RESIDENTS & PROPERTY OWNERS COMMENTS

Mr. Earl (Ty) Lamb, 95 Lambtown Road, Ledyard, stated he was present this

evening to support Mrs. Parkinson during the LUPPW Committee’s discussion of

Old Business Item #2 regarding the process to seek a Historic Designation of the

Spicer Homestead Ruins.

Mr. Lamb continued by stating in reviewing tonight’s Agenda that he noticed that the

LUPPW Committee would be discussing a Noise Ordinance. He urged caution in

moving forward with a Noise Ordinance, relative to Farm Equipment. He stated a

Noise Ordinance would affect residents who had a “Hobby Farm” and were not an

official farm. He stated restricting farm activity would be going against many

residents’ idea of what this town should be like. He also addressed commercial

enterprises such as the Gun Club, which has been in Ledyard long before any other

development was around; and therefore, he stated if they considering addressing

“Noise” that the LUPPW Committee should consider including additional

exemptions. He asked that the Committee to use a thoughtful approach in considering

a Noise Ordinance.

IV.

PRESENTATIONS / INFORMATIONAL ITEMS

None.

APPROVAL OF MINUTES

MOTION to approve the Land Use/Planning/Public Works Committee Minutes of August 5,

2024.

Moved by Councilor Dombrowski, seconded by Councilor St. Vil

VOTE:

3 - 0 Approved and so declared

VI.

OLD BUSINESS

Continued discussion regarding the progress of enforcing regulations to address blight issues.

Zoning Enforcement Officer Alex Samalot noted that he reviewed Ordinance

#300-012 (rev 1) 300-012 “An Ordinance Concerning Blight and Public Nuisance

for the Town of Ledyard” and that he did not have any comments regarding the

Ordinance relative to the provisions for enforcement.

Mr. Samalot went on to note at the LUPPW Committee’s August 5, 2024 they

mentioned a property located at 28 Lake Street.

Councilor St. Vil, attending remotely, noted New Business Item #2 would address the

issue of Illegal Dumping. Therefore, he suggested they defer their discussion

regarding 28 Lake Street to later this evening.

Councilor Buhle questioned whether Mr. Samalot had an updated Blight Report for

this evening. Mr. Samalot noted because that this was his last week here in Ledyard,

and because he has been working to close out Permits and other projects, that he did

not have time to prepare a Blight Report. However, he stated that he would be happy

to answer any questions the LUPPW Committee may have regarding blighted

properties in town.

CONTINUE

RESULT:

Spicer Homestead Ruins - Historical Research and Photos.

Councilor St. Vil stated based on their past discussions to develop a Plan to move

this initiative forward that Step I was to Define the Area of the Spicer Homestead

Ruins to be designed as historic. He stated the LUPPW Committee was waiting for

the Historic District Commission to provide that information.

Councilor St. Vil continued to explain in parallel they were also discussing whether

the Town Council would need to assign Administrative Control of the designated

area of the Spicer Homestead Ruins, which was located within the Clark Farm, to the

Historic District Commission. He explained after further review of the state statutes

the LUPPW Committee found that because the Town owned the Clark Farm, and it

was already under the Town Council’s Administrative Control, that it was not

necessary to assign the area of the Spicer Homestead Ruins to the Historic District

Commission for them to obtain a historic designation.

Councilor St. Vil questioned whether the Historic District Commission has obtained

a map to set the boundaries of the area of the Spicer Homestead Ruins to be

designated as historic.

Mrs. Karen Parkinson, 5 Rose Hill Road, Ledyard, Historic District Commission

Member, reviewed the following documentation that was included in the Agenda

packet for tonight’s meeting:

· Timeline

TIMELINE OF SPICER RUINS “DISCOVERY” AND PURSUIT OF

PRESERVATION, 4.4 ACRES WITHIN BOUNDARY OF 1025 COL. LEDYARD

HWY, (CLARK FARM) UPPER SECTION, FORESTED

o Tri-Town Trail was conceptualized by David Holdridge prior to 2008.

o 2008 Tri-Town Trail Master Plan developed with Southeastern Connecticut

Council of Governments (SCCOG) using a $5,000 Grant from Millstone.

o 2016 first DEEP Grant to the Town of Ledyard.

o 2019 - Permission given by Town of Ledyard to begin trail-blazing/trail building

for Phase I, on Town owned property located at 1087 Colonel Ledyard Highway

(Clark Farm currently open space) and two easements.

o 2020 - Permission given to trail blaze across town owned Clark Farm (by Mayor

Allyn). The “Clark Farm” is 101 acres that was farmed by the Clark family for

over 100 years. Became Town-owned property via exchange of property with

Mashantucket Tribal Nation (Indiantown Park -2007).

o 2020 - While blazing trail, “discovery” of remains of well and foundation

(oldsters said may be Spicer Property).

o 2021- Extensive research done by Karen Parkinson on Spicer family.

Community Foundation Grant was written and approved for the building of

bridges and archeology research of the land records to verify the ruins. The ruins

are significantly “undisturbed” and stone walls/foundations were also

undisturbed. The Spicer Homestead dates to approximately 1670. Peter and Mary

Spicer were the first settlers. They had eleven children and are the ancestors of

many Mystic whaling captains (Spicer Marina), founders of Spicer Oil, “Parke”

Spicer (Preston’s long-serving Selectman) and many Town of Ledyard and

Preston early leaders. The Homestead was occupied for five generations and

became over 200 acres. John and Cyrus each inherited half the farm in 1769;

Cyrus sold the east half to Isaac Geer in 1788 (Cyrus moved to New York); John

and his successors farmed the west half for another hundred years, part of this

was now the Hagen Property. The original dwelling was referenced as “the

mansion” in 1769 will of John (4). Its demise is not known and would need to be

researched in land records.

o 2022 - Completion of contracted archeology research by Sara Holmes, PhD.

Verifying that the site is Spicer Homestead settled circa 1670. The study was

funded by Community Foundation Grant to Tri-Town Trail Association. Report

was shared with Town Officials and copies were donated to the Bill Library and

Preston Library. Ledyard Rotary granted Tri-Twon Trail $1,000 for signage and

fencing of Homestead.

o 2022 - The Study was shared with State of CT Archeology and a “Site Number”

obtained. The Site Number was just a note of Location, and had no other

recognition.

o 2023-Present - Continued working relationship with Town Officials to develop a

Plan for preservation, suggesting the Historic District Commission be assigned

Administrative Control of the site. Two Site Walks were conducted with Land

Use/Planning/Public Works Committee (2023, 2024). The Historic District

Commission agreed to accept Administrative Control of site.

o Map of proposed “Spicer Homestead Ruins” constructed with the assistance of

Chad Frost (Kent + Frost Landscape Architects). There are no existing buildings.

There is evidence of a dug well, twin cellar pits, corner foundations of dwelling,

extensive stone wall system, foundation of small barn, and large erratic boulder,

known as “Spicer Rock” referenced in Spicer genealogy books. The proposed 4.4

acres is outlined by existing stone walls, the unnamed brook, and the Eversource

easement boundary. There is a wooden crossing (no foundations) of the brook

built by Tri-Town Trail volunteers. The crossing is referenced as “Spicer Bridge”

and the unnamed brook is referenced as “Mary Spicer Brook.”

Mr. Lamb, Historic District Commission Chairman, explained that the Big Picture

Concept was to create interesting spaces of historical nature, to include things such as

Pollinator Gardens along the Tri-Town Trail where people could stop and have lunch,

etc.

Mr. Lamb continued by noting the first step in preparing to seek a historic

designation of the Spicer Homestead Ruins was for the Town Council to assign

Administrative Control of the area to the Historic District Commission.

Councilor Dombrowski stated in reading the CGS Section 7-147a. “Historic Districts

Authorized” which addresses establishing a Historic District, that the Historic

District Commission did not have to have Administrative Control of the property. He

noted as an example should the town decided to designate the Highlands as a Historic

District that the Historic District Commission would not have to have Administrative

Control over all the homes/property in the Highlands. Therefore, he stated the same

would apply to the Spicer Homestead Ruins. He stated the Town owns the Clark

Farm Property and the Town Council has Administrative Control of the Property in

which the Spicer Homestead Ruins resides.

Councilor Dombrowski went on to explain if they were going to designate an area as

a historic property that everyone who owned property in the historic district would

have to vote on it; and if the property was owned by the municipality, in which this

case the Clark Farm was owned by the Town, that the Chief Executive Officer (CEO)

(Mayor, First Selectman) would need to vote on adding the historic designation.

Therefore, he stated by the Town owning the Clark Farm Property that the Town

Council would continue to maintain the Administrative Control of the property, even

if a portion of the property were to obtain a historic designation.

Councilor St. Vil stated that he agreed with Councilor Dombrowski in that there was

not a requirement to provide the Historic District Commission the Administrative

Control of the historically significant site. He noted the Plan that previously

discussed as follows:

· Locally designate the Spicer Homestead Ruins as a historically relevant site.

· Then go to the State to seek a Historic Designation.

· If deemed appropriate, move forward to the Federal Government to seek a

Historic Designation.

Councilor St. Vil suggested the Historic District Commission and the LUPPW

Committee present their proposal to designate the Spicer Homestead Ruins as a

historic site to the Town Council.

Chairman Rodrigeuz stated designating the Spicer Homestead Ruins as a historical

site has been being discussed for quite a while, noting that the request was initially

presented to previous LUPPW Committee; and that they have been discussing the

process ever since. She went on to note at the time of the Historic District

Commission’s initial request they discussed the following:

· The acreage was less than the 4.4 acres the Historic District Commission

presented this evening.

· Th LUPPW Committee recommended that an A2 Survey Map be provided.

Chairman Rodriguez suggested the Historic District Commission ask Land

Surveyor Peter Gardner, or any other surveyor, if they would donate their services

to provide an A2 Survey map of the property. She stated the map prepared and

presented from Chad Frost was not an A2 Survey map, noting that Mr. Frost was

a landscape architect.

Mrs. Parkinson questioned if they cannot get the services to conduct/provide an

A2 Survey Map donated, who would pay to have the survey done. Councilor

Dombrowski explained because the Historic District Commission was taking the

lead on this initiative that they would pay for the A2 Survey map, however, he

stated ultimately it was the Town.

The LUPPW Committee stated the first step was to have an A2 Survey Map

done.

Mrs. Parkinson asked the LUPPW Committee to forward a formal motion to the

Town Council to authorize the Historic District Commission to proceed with the

preliminary work required to seek a historic designation of the Spicer Homestead

Ruins.

The LUPPW Committee explained once they have the A2 Survey Map that the

Town Council could provide a local historic designation to the Spicer Homestead

Ruins. After they have a local historic designation that the Historic District

Commission could continue with their work to seek State and Federal historic

designation.

The LUPPW Committee thanked Mrs. Parkinson and Mr. Lamb for attending

tonight’s meeting.

Mrs. Parkinson and Mr. Lamb left the meeting at 6:39 p.m.

CONTINUE

RESULT:

Any other Old Business proper to come before the Committee.

None.

VII. NEW BUSINESS

Discussion to consider drafting an Ordinance to address Noise Issues, as requested in Ms.

Johnston’s August 12, 2024 email.

Councilor Dombrowski stated over the years that the LUPPW Committee has

discussed whether there was the need for a Noise Ordinance, in response to resident’s

request. He stated although he was not opposed to drafting a Noise Ordinance that they

needed to be careful in how it was worded relative to what was farming equipment and

what was not farming equipment.

Ms. Susan Johnston, 10 Lindon Lane, Ledyard, stated when she bought her property

from the Holdridges, the area was very quiet, except during hunting season, which she

accepted. However, she stated the new company that bought a neighboring property

built green houses, noting that the construction work would start before, 8:00 a.m. on a

weekend and go on until they finished, noting that they made a lot of noise with

equipment, and they would play music that was very loud. She stated when it began,

she went over to the property to welcome them to the neighborhood, and that she

mentioned to them that she noticed that they were blasting their music, and she

mentioned that this was a quiet neighborhood. She stated she has continued to go over

to the neighbor’s property or call them, to ask them to turn the volume of their music

down, noting that they immediately turn the music down, but then the volume would

come back. She also noted in talking with other neighbors that live on Sawmill Drive

they stated that the greenhouse fans were loud and that they hear them all night when

they have their windows open. She stated that she has not called the police, because

she did not like to involve the police with her neighbors. She questioned the reason the

Town does not have a Noise Ordinance, noting that if there was an Ordinance, that she

could tell her neighbors that it was not 8:00 a.m. yet, noting that many times the noise

starts at 7:15 a.m.

Councilor Buhle noted that the neighbor must be a permitted business; and therefore,

she questioned the permitted working hours and business days. She stated if the

business was permitted for Monday - Friday, and the business was making noise on

Saturday and Sunday, that they were not complying with their permitted use.

Councilor Buhle continued by addressing Ms. Johnston’s letter in which she

mentioned eighteen-wheeler trucks drive through the residential neighborhood. She

suggested “No Truck Thru” signs be posted.

Councilor Dombrowski stated during the time he has served on the Town Council the

LUPPW Committee has discussed a few times whether there was the need for a Noise

Ordinance. He stated during their research they came across a situation that happened

in Stonington a number of years ago, in which there was a property where someone

was driving their All Terrian Vehicles (ATV) around, and the neighbors complained

about the noise. He stated the town went through the process to draft a Noise

Ordinance and to purchase the equipment to measure the noise level. He stated when

the Police Officers went to the property the noise level, which had to be measured at

the property line of the person who complained, that the noise registered below the

threshold called out in the Ordinance, and therefore, the Police Department could not

do anything about it, noting that unfortunately noise was subjective.

Councilor Dombrowski continued by stating that when he was the LUPPW Committee

Chairman that he wrote a letter to Police Chief John Rich to request his guidance. He

stated that Chief Rich responded stating that there was plenty of state statutes that

would cover noise issues, and that the town did not need an Ordinance. He also

explained if the town had a Noise Ordinance that it would be the Police Department

who would enforce the regulations, which was same as the state statutes. He noted the

state guidelines and other supporting documents were attached to the Agenda packet

on the meeting portal.

Ms. Johnston stated in speaking with the Mayor’s Executive Assistant she told her that

she would need to call the Police. Therefore, she stated that although she felt bad about

calling the Police to complain about her neighbor, that was what she was going to have

to do. She stated she moved to Ledyard 25-years ago, noting that it quiet and that she

loved the town and her neighborhood. However, she stated that her neighborhood was

starting to sound like an Industrial Zone, and therefore, she was questioning whether

she wanted to move out of Ledyard. She stated she did not buy a house in an Industrial

Zone. She questioned what the area was zoned for. Councilor Dombrowski stated that

it was zoned R-60; however, he stated the property Ms. Johnston had concerns about

was considered a Farm.

Land Use Director/Town Planner Elizabeth Burdick explained R-60 meant it was a

residential zone; and required the minimum lot size to be 60,000 square feet. She

stated the lower zone numbers such as R-20 would mean that lot size would be

smaller, and it would be a denser area. She went on to state, as Councilor Buhle

suggested, Ms. Johnston could stop by the Land Use Office and they could look at the

approvals that were in-place such as hours of operations, etc. for the property of

concern She also noted that farm usage was permitted in residential zones.

Councilor St. Vil stated that he agreed that engaging with Land Use Director/Town

Planner Elizabeth Burdick and Police Chief John Rich was a good path forward. He

stated the LUPPW Committee would continue to keep this item on their Agenda and

follow-up with Ms. Burdick and Chief Rich for further discussion at their October 7,

2024 meeting.

Councilor Dombrowski suggested the LUPPW Committee also talk with Public Works

Director/Town Engineer Steve Masalin about options to keep the tractor-trailer trucks

from traveling down the wrong road in making deliveries to businesses that were off

Shewville Road. Ms. Burdick stated that she and Mr. Masalin work together on a lot of

projects and that she would talk with him about this matter.

Councilor Buhle thanked Ms. Johnston for taking the time to bring her concerns to the

Town Council; and for attending tonight’s LUPW Committee meeting.

Ms. Johnston thanked the LUPPW Committee for their time this evening; she left the

meeting at 6:55 p.m.

CONTINUE

RESULT:

Discussion to consider provisions to address Illegal Dumping.

Councilor St. Vil stated that he appreciated Zoning Enforcement Officer/Blight Officer

Alex Samalot attending tonight’s LUPPW Committee meeting, via Zoom. He stated

that he talked with Mr. Samalot about the Blight complaint that was filed concerning

26 Lakeside Drive, and he asked Mr. Samalot to provide the LUPPW Committee with

an update regarding the matter.

Blight Enforcement Officer Alex Samalot stated he received a complaint on June 6,

2024 regarding 26 Lakeside Drive, which was similar to a case that was closed on

December 5, 2023. He stated there were a number of enforcement issues and the

opening and closing of cases regarding the property, during his time in Ledyard, which

included a Notice of Violation and Intent to Cite regarding junk on the property, which

was the case that was closed on December 5, 2023. He stated that he has been

following up monthly with the owner in terms of Zoning and not necessarily in terms

of Blight, based on the last case which was considered a Zoning Vilotion under

“Junk”. He stated during his last inspection which was on September 3, 2024 that the

junk was not observed on the property. He stated, as was the case with many situations

regarding zoning, blight, etc. that the junk was not observed on the Property; however,

they failed to mow their lawn. He stated that he notified the owner of that today during

his follow-up call. He stated the property owner has been fairly responsive, noting that

the situation was that the Son failed to mow the lawn, but that the Mom was on it. He

stated that he planned to follow-up this week to confirm that the lawn was mowed. He

stated that he also observed some other things, however, they were outside of his

regular responsibilities relative to enforcement.

Councilor Dombrowski stated the concerns the residents brought to the LUPPW

Committee was that the neighbor was throwing stuff over the fence onto or adjacent to

their property. Mr. Samalot stated based on his initial review of the materials that it

appeared to be lawn refuse/landscaping materials, which do not fall under the type of

enforcement that he does. Councilor Dombrowski stated that he understood that lawn

refuse was not a blight issue. However, he stated if the town made lawn

refuse/landscaping materials a blight issue, that a property owner would then have a

blight issue that was caused by a neighbor; not by themselves. Mr. Samalot stated that

lawn debris could be caused by the wind. Councilor Dombrowski stated a couple of

leaves or blades of grass was wind. However, he stated when it was bags and buckets

of stuff including leaves and branches, that it was not the wind.

Councilor Buhle stated it was not the wind, especially when it was being thrown over a

fence. She stated that even a chain link fence would catch leaves, etc. However, she

stated when piles of leaves fill-up your side yard, it was because the neighbor threw

them over the fence. Councilor Dombrowski stated that he understands that the wind

does blow leaves into people’s property, however, he stated based on the residents who

attended the LUPPW Committee’s August 5, 2024 meeting their concerns were more

than just the wind blew something over the wall. Mr. Samalot stated that this type of

matter falls outside his current enforcement power. Councilor Dombrowski stated

because they understand that this type of matter does fall outside of Mr. Samalot’s

current enforcement power; the LUPPW Committee was asking whether Mr. Samalot

would provide any recommendations to either: (1) Update Ordinance #300-012 (rev

1) “An Ordinance Concerning Blight and Public Nuisance for the Town of

Ledyard; or (2) Would Mr. Samalot suggest adding a new Ordinance to address

illegal dumping. Mr. Samalot stated that he would provide a synopsis of the

enforcement that he has done pertaining to the property. He went on to state that he

did not have any ideas on how to manage certain landscaping issues at this time.

Land Use Director/Town Planner Elizabeth Burdick stated that she was not aware

of this issue until late this afternoon. Therefore, she stated that she would like to

review the current ordinances that were in place and the information that was

provided for tonight’s meeting regarding Illegal Dumping to facilitate more

discussion at the LUPPW Committee’s October 7, 2024 meeting.

Councilor Dombrowski stated for zoning citation matters or blight issues that it was

pertaining to the property owner’s property. However, he stated for the situation of

illegal dumping that they now had an issue on someone’s property that was caused

by the neighbor.

Councilor St. Vil questioned whether Ms. Burdick has seen any ordinances that

were along the line of illegal dumping. Ms. Burdick stated she saw that Torrington

had an Illegal Dumping Ordinance; however, she stated she was not aware of any

similar type ordinances in this area. She explained when a resident contacts the

Land Use Department to report that someone was dumping on their property, that

her first response would be to ask the resident if they contacted the Police

Department, because it was civil in nature. However, she stated that she would like

more time to research the topic, review the state statutes, and the town’s citation

ordinances to conduct an analysis.

Councilor Buhle noted because there were not many towns that have Illegal

Dumping Ordinances that it was probably an indication that it was not something

that they have seen a lot of; and therefore, there was not a significant need to

implement provisions to address the matter. She stated although she has seen

mattress dumped on conservation lands, and the dumping of other stuff on both

private and public lands, that she agreed that they should take their time to carefully

review the topic. She stated that she would look forward to Ms. Burdick’s

viewpoint and feedback at their October 7, 2024 meeting.

CONTINUE

RESULT:

Any other New Business proper to come before the Committee.

None.

ADJOURNMENT

Councilor Dombrowski moved the meeting be adjourned, seconded by

Councilor Buhle

VOTE:

p.m.

3 - 0 Approved and so declared, the meeting was adjourned at 7:08

Respectfully submitted,

Jessica Buhle

Acting Committee Chairman

Land Use/Planning/Public Works Committee

DISCLAIMER: Although we try to be timely and accurate these are not official records of the

Town.