741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Land Use/Planning/Public Works

Committee

Meeting Minutes

Chairman

Kevin J. Dombrowski

Regular Meeting

Monday, August 1, 2022

6:00 PM

Town Hall Annex - Hybrid Format

REMOTE MEETING INFORMATION

In -Person Council Chambers - Town Hall Annex

Information to attend via video conference will be provided on the Granicus/Legistar

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CALL TO ORDER

The meeting was called to order by Councilor Paul at 6:01 p.m. at

the Town Hall Annex Building Meeting Room.

Councilor Paul 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 remote meeting information was available on

the Agenda that was posted on the Town’s Website - Granicus-Legistar Meeting

Portal.

II.

ROLL CALL

Gary Paul

Present:

S. Naomi Rodriguez

John Marshall

In addition, the following were present: Land Use Director Juliet Hodge, Residents Mr.

Michael Marelli, Ms. Jennifer Day, Ms. Betsy Graham, and Administrative Assistant

Roxanne Maher.

IV.

CITIZENS COMMENTS

Mr. Michael Marelli, 4 Lee Brook Drive, Ledyard, stated he serves as the

Conservation Commission Chairman and was also a member of the Agricultural

Commission. However, he stated he was present this evening as a private resident to

support New Business Item #2 on tonight’s agenda regarding Mr. Sean Moriarty’s

Ledyard Garden” proposal. He addressed the importance to encourage farming in our

community.

Ms. Jennifer Day, 572 Lantern Hill Road, Ledyard, stated she was present this

evening to answer any questions the Land Use/Planning/Public Works Committee

may hare regarding New Business Item #1 concerning the commercial activity at 576

Lantern Hill Road. She noted that since she presented her concerns to the Town

Council at their June 22, 2022 meeting about the commercial business that was

operating at the residential location, that she has sent additional photographs of the

on-going daily commercial activity. She stated the property owner needed to be held

responsible for his actions, noting that he was not following the Court Ordered

Stipulated Agreement. She asked that the Town’s Land Use Attorney take this matter

back to court.

Ms. Betsy Graham, 72 A Long Pond Road, Ledyard, stated that she seconded Mr.

Marelli’s comments regarding Mr. Moriarty’s proposed “Ledyard Garden”. She went

on to address the ongoing commercial business activity at 576 Lantern Hill Road

relative to the Court Ordered Stipulated Agreement. She stated it would behoove the

Town to take the property owner back to court. She also suggested the Town request

the court to allow photographs to be entered as evidence regarding the case.

III

APPROVAL OF MINUTES

MOTION to approve the LUPPW Regular Meeting Minutes of June 6, 2022

Moved by Councilor Rodriguez, seconded by Councilor Marshall

VOT3E-:0 Approved and so declared

APPROVED AND SO DECLARED

S. Naomi Rodriguez

RESULT:

MOVER:

John Marshall

SECONDER:

PRESENTATIONS / INFORMATIONAL ITEMS

None.

VI.

OLD BUSINESS

MOTION to adopt a proposed "An Ordinance Regulating Parking of Commercial Vehicles

on Public Streets in Residential Zones and/or In Front of Residentially Used Properties" as

contained in the draft dated June 8, 2022.

Councilor Paul noted in response to some resident’s concerns regarding safety

pertaining to a large commercial tow truck/flatbed that was parked on a residential

street the LUPPW Committee’ began discussing the appropriate mechanism to

address the issue at their May 2, 2022 meeting. He stated Land Use Director Juliet

Hodge drafted a proposed Ordinance that the LUPPW Committee reviewed at the

June 6, 2022 and that some additional editorials were made, as presented in the draft

dated June 8, 2022 for review and discussion this evening as noted below.

DRAFT: 6/8/2022

Ordinance #600-XXX

AN ORDINANCE

REGULATING PARKING OF COMMERCIAL VEHICLES

ON PUBLIC STREETS IN RESIDENTIAL ZONES AND/OR IN FRONT OF

RESIDENTIALLY USED PROPERTIES

Be it ordained by the Town Council of the Town of Ledyard:

Section I: Purpose

To regulate parking of commercial vehicles on public streets/roads in residential

zones and/or in front of residentially used properties.

Section 2: Regulations

A. For the purpose of this Ordinance “commercial or industrial vehicle” means any

vehicle the principal use of which is the transport of commodities, merchandise,

produce, freight, and any vehicle used primarily in construction, industry, including

but not limited to, bulldozers, backhoes, tractors, tow trucks, dump trucks, tractor

trailers (cab and/or trailer), or trucks fitted with cranes, air compressors, welders,

tanks or similar equipment. “Commercial or industrial vehicle” also includes

nonmotorized dumpsters, storage units, open or utility trailers greater than six (6) feet

in length and height, and tool lockers; taxicabs, limousines, and/or any passenger

vehicle that is greater than eight (8) feet in height marked with a sign, letters, or

emblem advertising a commercial enterprise.

B. No person shall park or store any commercial or industrial vehicle on any public

street or roadway within any residential district or in front of any property currently

used residentially unless for the purpose of actively loading or unloading materials, or

while actively engaged in providing commercial service at the premises; nor shall

such vehicles be parked in a residential district or in front of an existing residence

outside normal business hours unless on site for an emergency service call.

Section 3: Violation

Whenever any motor vehicle is found to be parked in violation of Section 2 of this

ordinance, the motor vehicle may be removed (towed) at the owner's expense and/or

a State of Connecticut Complaint Ticket (a parking ticket) shall be issued by the

Ledyard Police Department. Each day that a violation continues shall be deemed a

separate offense.

First Offense: $90 (Infraction)

Subsequent Offense: $200 (Violation)

Section 4: Payment of Fine

Payment of the fine(s) associated with the issue of any Ticket shall be in accordance

with current Connecticut State Statutes.

Section 5:

Severability

If any section, or part of a section, of this Ordinance shall be held by a court of

competent jurisdiction to be invalid, such holding shall not be deemed to invalidate

the remaining provisions hereof.

Section 6: Effective Date

In accordance with the Town Charter this ordinance shall become effective on the

twenty-first (21st) day after such publication following its final passage.

Adopted by the Ledyard Town Council on: _____

___________________________

Kevin J. Dombrowski, Chairman

Approved/Disapproved on: __________

____________________________

Fred B. Allyn, III, Mayor

Published on: ________

__________________________

Patricia A. Riley, Town Clerk

Effective Date: _________

made some additional adjustments to the language in the proposed

· MOTION to recommend the Town Council adopt a proposed “An Ordinance Regulating

Parking of Commercial Vehicles on Public Streets in Residential Zones and/or In

Front of Residentially Used Properties” as contained in the draft dated June 8, 2022.

Moved by Councilor Paul, seconded by Councilor Marshall

Discussion: The LUPPW Committee discussed the proposed Ordinance (see above)

and questioned the following:

o Process to move the Ordinance forward to the Town Council. It was noted that the

Ordinance would move on the Administration Committee for their review before

being presented to the Town Council.

o Would the Finance Committee also need to be involved with the review process? It

was noted that because the fines were set in the Ordinance and that the Payment of

the fine(s) associated with the issue of any Ticket would be in accordance with

current Connecticut State Statutes (7-148*) that it was not necessary for the proposed

Ordinance to be forwarded to the Finance Committee.

VOT3E-:0 Approved and so declared.

RECOMMENDED FOR APPROVAL

Gary Paul

RESULT:

MOVER:

John Marshall

SECONDER:

AYE:

Paul, Rodriguez and Marshall

Continued discussion and possible action to periodically review the list of town owned

property; and update accordingly for the “Assignment of Administrative Control”.

No Action

CONTINUE

RESULT:

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

No Action.

CONTINUE

RESULT:

Potential future uses for the 101.80-acre Clark Farm property located at 1025 Colonel

Ledyard Highway.

Councilor Rodriguez noted New Business Item #2 on tonight’s agenda regarding Mr.

Sean Moriarty’s “Ledyard Garden” proposal. She questioned whether there were any

restrictions on the Clark Farm that would require the property to revert back to its

original owners if the town were to sell a portion of the property.

Chairman Dombrowski provided some background explaining on September 4, 2007

the Town and the Mashantucket Pequot Tribal Nation signed documents for a land

swap regarding the following properties for the consideration of $1.00:

· Town gave the MPTN Indiantown Park (119 Indiantown Road)

· MPTN gave the Town the Clark Farm(1025 Colonel Ledyard Highway)

Chairman Dombrowski stated the townspeople approved the land swap on May 22,

2007 via the voting machines. He stated currently the Town was leasing a portion of

the Clark Farm to Mr. Walter Majcher to grow hay. He stated that he was not aware

of any such land restrictions that Councilor Rodriguez was asking about.

CONTINUE

RESULT:

Status update regarding security and safety concerns regarding Park on East Drive

Councilor Rodriguez stated that she agreed that the Informal Conversation with

residents at the Park on East Drive on July 20, 2022 was a little heated at times.

However, she stated that they were moving in the right direction. She also noted that

Parks & Recreation Director Scott Johnson, Jr. stated the Parks & Recreation

Commission would hold their September 20, 2022 meeting at the Park on East Drive.

CONTINUE

RESULT:

Continued discussion regarding Public Act #21-29 “An Act Concerning The Zoning

Enabling Act, Accessory Apartments, Training For Certain Land Use Officials, Municipal

Affordable Housing Plans And A Commission On Connecticut’s Development And Future”.

Chairman Dombrowski stated at their July 28, 2022 meeting the Planning & Zoning

Commission approved Application PZ#22-7RA regarding comprehensive revisions

to all sections of the Zoning Regulations, which also included proposed Regulations

for Accessory Dwelling Units (ADU). He explained the next step in the process was

for the Planning & Zoning Commission to vote to forward a recommend to the

Legislative Body (Town Council) to Opt-Out of State’s “Act Concerning The Zoning

Enabling Act, Accessory Apartments, Training For Certain Land Use Officials,

Municipal Affordable Housing Plans And A Commission On Connecticut’s Development

And Future”.

The LUPPW Committee noted by Ledyard having their own Accessory Dwelling Unit

Regulations (ADU) that the Town would have more flexibility going forward and would

not be locked into the State’s Accessory Dwelling Unit (ADU) Regulations.

Chairman Dombrowski stated that he would expect the Planning & Zoning

Commission’s recommendation to Opt-Out of Public Act #21-29 to come before the

LUPPW Committee at their September 13, 2022 meeting. He stated to Opt-Out of

the Public Act #21-29 ADU that it would require a two-thirds vote of the Town

Council.

CONTINUE

RESULT:

Any other Old Business proper to come before the Committee.

None.

NO ACTION

RESULT:

VII. NEW BUSINESS

Discussion regarding commercial activity at 576 Lantern Hill Road, relative to the Court’s

Stipulated Agreement to determine whether the matter was a Zoning issue or a Town legal

matter.

Councilor Paul stated Ms. Day attended the Town Council’s June 22, 2022 meeting

and provided the background regarding the court ordered Stipulated Agreement

pertaining to the commercial activity at 576 Lantern Hill Road which has been

on-going since the time the property changed hands in 2013.

The LUPPW Committee noted that the Town has taken the property owner to court

several times and has won their case each time resulting in the Stipulated Agreement.

Changes to the Stipulated could not be made without going back to the court.

Chairman Dombrowski stated the Planning & Zoning Commission went into

executive session at their July 28, 2022 meeting to review the 576 Lantern Hill Road

matter. He stated because this was a zoning matter that in accordance with state

statute the Town Council had no authority.

The LUPPW Committee agreed by consensus that the 576 Lantern Hill Road matter

was a Zoning Issue; and therefore, the Town Council had no authority to take any

action regarding this land use matter.

COMPLETED

RESULT:

Discussion regarding Mr. Moriarty’s proposal dated July 13, 2022 regarding a Ledyard

Garden.

1. Mr. Moriarty’s proposal dated July 13, 2022 regarding a Ledyard Garden.

Councilor Rodriguez stated that she read Mr. Moriarty’s entire proposal for a

“Ledyard Garden” and that she liked his idea. However, she expressed concern

regarding Mr. Moriarty’s proposed location of the Garden at the Nathan Lester

House. She stated the area where Mr. Moriarty would like to put the Garden was in

the overflow parking lot, which was frequently used during events such as the

Holiday Caroling and the July 4th Celebration. She suggested Mr. Moriarty talk with

the Historic District Commission and the Agriculture Commission about his

proposal.

Councilor Marshall expressed concern about Mr. Moriarty using the Nathan Lester

House property for a Garden and then charging the public for the produce he would

be growing on the town-owned property. He stated he did not think that this was an

appropriate use of the town-owned historic property.

Chairman Dombrowski stated he was intrigued by Mr. Moriarty’s Garden proposal;

however, he did not believe the Nathan Lester House was going to be a good location

for the Garden for a number of reasons, which included Councilor Rodriguez’s

concern regarding the loss of the overflow parking lot area. He stated that he also had

concerns regarding the following:

· Building a Greenhouse on the Nathan Lester House property.

· Building a Storage Shed.

· Using the Nathan Lester House Barn.

· Cost of electricity and water.

Chairman Dombrowski stated in 2017 the Arc of Eastern Connecticut approached the

Town to lease property for a Community Supported Agricultural (CSA) program that

would involve a Farm Stand. He stated the LUPPW Committee discussed several

properties with Arc and he noted that most town-owned open space parcels,

including the Clark Farm, were not suitable for the CSA because they did not have

water or electricity. However, he stated during the exercise they identified a 1.50-acre

parcel on Village Drive that could support such an initiative. He explained when

Village Drive was first constructed they had a community well to support the homes

in the neighborhood. However, he stated when public water came through the area

the residents connected to the water line and the community well was abandoned.

Therefore, he stated Mr. Moriarty may want to consider leasing the Village Drive

parcel for his proposed “Ledyard Garden”.

Chairman Dombrowski continued by addressing the process to lease town-owned

land, noting that the Planning & Zoning Commission would be required to conduct

an 8-24 Review to determine whether it was a suitable use of the property and in

accordance with CGS 163(e) the Town Council would be required to hold a Public

Hearing.

Councilor Paul stated he found Mr. Moriarty’s “Ledyard Garden” proposal

interesting and that his resume’ and farming background was impressive.

The LUPPW Committee agreed to send Mr. Moriarty a letter to invite him to their

September 13, 2022 special meeting to explain the process to become involved in a

venture with the town and to discuss his interest in perhaps considering a different

location for his proposed “Ledyard Garden”.

CONTINUE

RESULT:

Any other New Business proper to come before the Committee.

None.

NO ACTION

ADJOURNMENT

Councilor Rodriguez moved the meeting be adjourned, seconded by Councilor

RESULT:

Marshall

VOTE: 3 - 0 Approved and so declared, the meeting was adjourned at 6:46 p.m.

Respectfully submitted,

Gary Paul

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.

The Town Council's Agendas and final approved Minutes will be available in the Town Clerk's

Office.