741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Land Use/Planning/Public Works

Committee

Meeting Minutes

Chairman

Kevin J. Dombrowski

Special Meeting

Monday, January 9, 2023

6:00 PM

Council Chambers, Town Hall Annex

- Hybrid Format

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CALL TO ORDER

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

the Council Chambers, Town Hall Annex Building.

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 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 Paul

Present:

S. Naomi Rodriguez

John Marshall

In addition, the following were present:

Kevin Dombrowski Chairman

Fred Allyn, III

Mayor

Michael Marelli Conservation Commission Chairman

Roxanne Maher Administrative Assistant

III.

RESIDENTS & PROPERTY OWNERS COMMENTS

None.

IV.

PRESENTATIONS / INFORMATIONAL ITEMS

1. Conservation Commission 2022 Open Space Acquisition Plan

2. Baseball Complex- Mr. Love e-mail dated 1/5/2023

1. Conservation Commission 2022 Open Space Acquisition Plan

Mr. Michael Marelli, 4 Lee Brook Drive, Ledyard, Conservation Commission Chairman,

explained the 2022 Open Space Acquisition Plan was drafted as a guiding document for

future planning purposes and to apply for and receive Grant Funding. He stated the Plan

has targeted properties that would be good to acquire for open space connectivity,

wildlife preservation, passive recreation, etc. He stated that he has also shared Ledyard’s

Conservation Commission’s 2022 Open Space Acquisition Plan with the City of Groton

Conservation Commission. He noted Groton’s Conservation Commission Chairman

Richard Palmieri contacted him to discuss the two Commissions working together

because much of Groton’s Plan and Ledyard’s Plan mesh together. He stated the two

Conservation Commissions would plan a joint meeting in the future.

Councilor Rodriguez stated in reading the Conservation Commission 2022 Open Space

Acquisition Plan that she was impressed with the detail, historical background and future

goals it provided.

Chairman Dombrowski suggested the Conservation Commission forward the 2022 Open

Space Acquisition Plan to the Planning & Zoning Commission to be included in the next

amendment of the Plan of Conservation and Development (POCD). He stated by

including the 2022 Open Space Acquisition Plan in the POCD that it would then become

the “Town’s Plan”.

Mr. Marelli stated the Open Space Acquisition Plan should be incorporated into the

POCD. He stated the Conservation Commission sent the Plan to all of the Town’s Land

Use Commissions/Departments, which included the Agricultural Commission, Inland

Wetlands and Watercourses Commission, Parks and Recreation Commission and the

Planning & Zoning Commission, so that everyone would be aware of what the

Conservation Commission was thinking about. He stated the Conservation Commission

was hopeful that in making land use decisions that Ledyard’s other Land Use

Commissions would take the Conservation Commission’s goals into consideration.

RESULT: DISCUSSED/COMPLETED

2. Mr. Love e-mail dated 1/5/2023 re: Baseball/Softball Complex

Councilor Rodriguez stated that she liked Mr. Love’s idea. However, she questioned

how the proposed Baseball/Softball Complex would be paid for.

Chairman Dombrowski questioned where the proposed Baseball/Softball Complex

would be located.

RESULT: DISCUSSED/COMPLETED

3. Mr. Fagin e-mail dated 1/9/2023 re: Support Bush Pond Lease between Grahams and Town

RESULT: RECEIVED

4. Agricultural Commission memo dated January 5, 2023 inviting Land Use Departments/

Commissions to their March 21, 2023 meeting to continue the Joint Discussion they

began on October 18, 2022regarding land use mutual goals.

Councilor Rodriguez suggested the Conservation Commission make their 2022 Open

Space Acquisition Plan available for discussion at the Agricultural Commission’s March

21, 2023 meeting. She noted that the Agricultural Commission has invited a number of

the Town’s Land Use Commissions to their March 23, 2023 to continue their discussion

regarding mutual goals and she suggested the Conservation Commission make their

2022 Open Space Acquisition Plan available for discussion at that meeting, noting the

purpose of these types of joint meetings was communicate things such as the

Conservation Commission’s 2022 Open Space Acquisition Plan.

COMPLETED

RESULT:

APPROVAL OF MINUTES

MOTION to approve the Land Use/Planning/Public Works Committee Minutes of December

5, 2022.

Moved by Councilor Rodriguez, seconded by Councilor Marshall

VOTE: 3 - 0 Approved and so declared

APPROVED AND SO DECLARED

S. Naomi Rodriguez

RESULT:

MOVER:

Paul, Rodriguez and Marshall

AYE:

VI.

OLD BUSINESS

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

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

Councilor Rodriguez stated Land Use Director Juliet Hodge was on vacation, but that

she would contact her next week to check on the status of the completion of the

Geographic Information System (GIS ) Update.

CONTINUE

RESULT:

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

Councilor Paul stated the purpose of keeping the regulations to address blight issues on

the Committee’s Agenda was to monitor how effective Ordinance #300-012 (rev 1) was;

and to see if the Ordinance needed to be adjusted.

Mayor Allyn, III, stated he thought the provisions provided in Ordinance #300-012 (rev

1) were effective. He stated Zoning Enforcement Officer/Blight Officer John Herring

retired on December 31, 2022 and that the town was actively working to fill the position.

He stated prior to his resignation Mr. Herring issued a numberer of Notice of Blight

Violations. He stated some of the violations were substantial and that a number of

properties have come into compliance. However, he stated that there were still some

properties that required a lot of work for them to come into compliance.

Councilor Rodriguez addressed the time to hire a new Zoning Enforcement Officer and

she questioned during the interim whether Mr. Mike Cherry would be willing to once

again step-in as the Interim Zoning Enforcement Officer.

Mayor Allyn explained that Zoning Enforcement Officer/Blight Officer John Herring

retired a little earlier than he had initially planned too was because the State passed

Legislation that required all Zoning Enforcement Officers to be Connecticut Association

of Zoning Enforcement (CAZEO) Certified by January 1, 2023. He stated although Mr.

Herring was not CAZEO Certified that he was very good and knew the job. He went on

to explain CAZEO was a 100% Volunteer Organization and that CAZEO was inundated

with people who needed to get their certification, after the Legislation was passed. He

explained that the CAZEO Registration was limited to 40 people, with a first come, first

serve enrollment. He stated because CAZEO could not accommodate all those who

needed the education by January 1, 2023, that there were a lot of people who were

working as Zoning Enforcement Officials that could not receive the Certification to meet

the new Legislation. He went on to explain that Legislation has already been proposed to

extend the January 1, 2023 CAZEO Certification deadline date to 2024 or 2025.

Therefore, he stated Mr. Cherry would not be returning to serve as the Interim Zoning

Enforcement Officer, noting that this piece of Legislation has put a wrinkle in terms of

trying to fill these types of municipal land use positions.

CONTINUE

RESULT:

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

Ledyard Highway.

Chairman Dombrowski stated there were no updates regarding the Clark Farm usage,

noting that Mr. Majcher was continuing his farming activity on the leased area and that

the Tri-Town Trail was using the property to pass to get back onto Route 117. He

explained the Town renewed a Lease with Mr. Majcher in 2021. He noted the term of

the Lease was five years and that the Tenant (Mr. Majcher ) agreed to pay rent in the

amount of $80 per acre for 20.29 acres located on the parcel at 1025 Colonel Ledyard

Highway, for a total payment of $1,623.20 per year for designated area. He explained

the rent was being paid on an annual basis and that the Lease was expanded to include

an additional 5.30 acres located on the west side of the Joe Clark Brook. He stated the

reason Mr. Majcher requested increasing the term of his lease from one (1) year to five

(5) years was because he was looking to grow hay instead of silage corn because the

market for corn was declining and because of the time involved to cultivate hay.

Chairman Dombrowski continued by providing some background, stating that since the

town acquired the Clark Farm in a land swap with the Mashantucket Pequot Tribal

Nation for Indian Town Park (119 Indiantown Road) on September 4, 2007 that this item

to review future uses of the Clark Farm Property has been on the LUPPW Committee’s

agenda. He stated at that time there was some discussions regarding Utopia purchasing

the 70- acre former State Hospital Property located on Route 12; and so there were some

discussions regarding the potential uses of the Clark Farm Property based on its

proximality to the State Hospital property.

Chairman Dombrowski went on to explain that the Clark Farm property was under the

Town Council’s Administrative Control and was one of the larger open space properties

owned by the Town. He stated should the town need a site to build a new High School,

that the Clark Farm would most likely be a site for consideration. He stated there were

no proposals to use the property at this time, other than the two uses he noted above. He

stated the town was currently maintaining the Clark Farm as open space, using it for

farming activity and for passive recreation activity. He suggested the LUPPW

Committee remove the Clark Farm from their agenda, until a proposal comes forward.

By consensus the LUPPW Committee agreed to remove the Clark Farm Property update

discussion from their future Agendas, noting that should any ideas/proposals come

forward that they could put it back on their agenda.

COMPLETED

RESULT:

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

Discussion regarding the appropriate mechanism to provide information to residents

pertaining to the structure and operation of land use processes in the Town of Ledyard.

Councilor Paul stated at the LUPPW Committee’s October 3, 2022 meeting they heard

comments from a resident regarding the Land Use process and the approval process. He

went on to state that they also discussed the importance for residents to understand the

complexities of Land Use noting that it involved Regulatory, State Statutes, the Plan of

Conservation & Development (POCD), etc. He stated in response to the citizen’s

comments the LUPPW Committee began to discuss the appropriate

mechanisms/platform to get this type of information out to residents.

Councilor Paul went on to state the Community Relations Committee planned to work

with Land Use Director Juliet Hodge after the holidays to coordinate and schedule an

Informational Presentation sometime around April/May, 2023. He stated at their

December 21, 2022 meeting the Community Relations Committee planned to develop a

list of questions and topics to keep the Presentation on point/topic.

VII. NEW BUSINESS

MOTION to approve a proposed “Lease Agreement between Robert and Mary Graham and

the Town of Ledyard” for the lease of approximately 0.8 +/- parcel on Bush Pond as

presented in the draft dated December 19, 2022.

Moved by Councilor Rodriguez, seconded by Councilor Marshall

Discussion: Mayor Allyn, III, provided some background stating that Mr. and Mrs.

Graham purchased a piece of land on the twenty-three-acre Bush Pond which was

parallel to Long Pond. He stated Mr. and Mrs. Graham removed a number of the

dilapidated cottages and cleaned up the property taking on a lot of the expense to open

up the property making it more accessible. He stated at the Town Council’s July 27,

2022 they authorized funding to conduct a land survey, draft a legal description of the

three-quarter acre parcel, and to perform a title search. He also noted that the Town

Attorney and the Graham’s Attorney have worked together to draft the proposed lease

presented this evening.

Mayor Allyn went on to note the terms of the proposed 99-year lease would allow the

town to use the 0.8 +/- acres of the privately owned property as a waterfront park for

passive (non-motorized) recreation such as canoeing, kayaking, fishing, etc., for a leased

amount of $10.00 per year. He explained that the Town could not construct a building on

the parcel but that they could put in a gazebo for picnicking, and that the Graham’s

would allow the town to put a port-a-john on the property seasonally. He noted that the

parcel would be under the Administrative Control of the Parks & Recreation

Department. He stated that he worked with Parks & Recreation Director Scott Johnson,

Jr., to provide some cost estimates at the Finance Committee’s January 4, 2023 meeting

noting initial cost for things such as the picnic pavilion, concrete floor, picnic tables,

boat launch, etc. totaled approximately $28,148 and that the annual maintenance for

seasonal trash collection, porta-john, grounds maintenance such as grass mowing, etc.

was estimated to cost about $1,648.

Councilor Rodriguez noted in response to Councilor Saums’ November 30, 2022 e-mail

regarding the town’s cost to maintain the Busch Pond - Lantern Hill Valley Park that

Mayor Allyn and Parks and Recreation Director Scott Johnson, Jr. presented cost

estimates.

Mayor Allyn presented photographs showing the work that the Grahams have done to

clean up the property that has provided some public access to Bush Pond, pointing out

areas for a gravel parking lot, picnic pavilion, boat launch for kayaks or canoes.

Councilor Paul questioned the amount of space for parking. Mayor Allyn stated the

parking would be limited noting there would be space for about eight vehicles, the

picnic pavilion would be about 14’X20” and would have two weatherproof picnic

tables, noting that one picnic table would be ADA accessible, and two concrete steel

bollards to prevent vehicles from backing into the pond, as well as signage.

Mayor Allyn, thanked Mr. and Mrs. Graham for their generous offer, noting that it was

an incredible gift to the town.

The LUPPW Committee noted the site was beautiful and that they appreciated Mr. and

Mrs. Graham’s generous offer to the town.

VOTE: 3 - 0 Approved and so declared.

RECOMMENDED FOR APPROVAL

S. Naomi Rodriguez

RESULT:

MOVER:

John Marshall

SECONDER:

Paul, Rodriguez and Marshall

AYE:

MOTION set a Hybrid Public Hearing date for January 25, 2023 at 6:30 p.m. to be held in

the Council Chambers, 741 Colonel Ledyard Highway, in accordance with CGS 07-163e, to

receive comments and recommendations regarding the following:

A proposed Lease Agreement between Robert and Mary Graham and the Town of Ledyard to

enter into a 99-year lease for approximately 0.8 acre +/- parcel on Bush Pond (Lantern Hill

Valley Park).

Moved by Councilor Paul, seconded by Councilor Rodriguez

Discussion: Councilor Paul stated this action was to schedule a Public Hearing to obtain

public comments regarding the proposed lease.

VOTE:

3 - 0 Approved and so declared.

RECOMMENDED FOR APPROVAL

Gary Paul

RESULT:

MOVER:

S. Naomi Rodriguez

SECONDER:

Paul, Rodriguez and Marshall

AYE:

MOTION to recommend the Town Council adopt the proposed amendments to Ordinance

#300-027 (rev 2) “An Ordinance Regulating Parking And Other Activities In Town Roads

And Rights-Of-Way And Providing Penalties For The Violation Thereof” as contained in the

draft dated December 14, 2022.

In addition, approve a proposed Appendix A - for Ordinance # 300-027 “ 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 October 13, 2022.

DRAFT: 10/13/2022 12/14/2022

Ordinance: #300-027 (rev. 2)

AN ORDINANCE

REGULATING PARKING AND OTHER ACTIVITIES IN TOWN ROADS AND

RIGHTS-OF-WAY AND PROVIDING PENALTIES

FOR THE VIOLATION THEREOF

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

Section 1. Purpose

It is hereby declared to be in the best interests of the public safety, convenience and

welfare of the Town to regulate and place restrictions on the parking of vehicles and

other activities in Town rights-of-way within the control and limits of said Town, in

general and during periods of snow emergencies, so as to preserve proper material

condition of roads and rights-of-way and to not impede the transportation and movement

of food, fuel, medical care, fire, health, police protection and other vital facilities of the

Town.

Section 2. Definitions

For the purpose of this Ordinance, the following definitions shall apply:

The words "vehicle" shall be defined as in Connecticut Statutes Section 14-1(102).

The words "parked vehicle" shall be defined as in Connecticut General Statutes

Section 14-1(66).

The word "street" shall mean any public highway, road or street in the Town of Ledyard.

The words "snow emergency" is hereby defined to be a period of time as forecast by a

contracted weather service or the United states Weather Bureau, during which

period vehicular and/or pedestrian traffic is expected to be hazardous or

congested due to the elements, and during which period the parking of vehicles

could hinder, delay or obstruct the safe flow of such traffic and/or the proper

cleaning, clearing and making safe of the public highways of the Town.

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 or in 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.

Section 3. General Restrictions

a. No person, firm or corporation shall place any fixed obstruction, or object or drain

any water or other substance, within, under, upon or over any Town road or right

of way without the written permission of the Director of Public Works.

b. In the case of clearing and handling leaves from and in proximity to private

properties, no person, firm or corporation shall place or leave any leaves in the

roadway or permanently place leaves on Town property. Residents who

contract out leaf removal services at their property shall be liable also for

violations of this provision of the party they hire.

c. In the case of removing snow from private driveways and properties, no person, firm

or corporation shall move snow across or leave any snow in the roadway.

Residents who contract out snow removal at their property shall be liable also

for violations of this provision of the party they hire.

d. The Director of Public Works may remove or alter any such obstruction or drain,

and the expense incurred by the Director in such removal or alteration shall be

paid by the person, firm or corporation placing such obstruction or drain;

provided, however, at the discretion of the Director of Public Works, any fixed

obstruction or drain made or placed without a permit, or in violation of

provisions of a permit shall be removed or altered by the person, firm or

corporation making or placing the same within thirty (30) days from the date

when said Director sends by registered or certified mail, postage prepaid, a

notice to such person firm or corporation ordering such removal or alteration.

Section 4.

Construction Regulations

a. No person shall construct a new driveway or relocate an existing driveway leading

from private property to a town street or conduct work (excepting lawn or

grounds maintenance) in a town right-of-way (ROW) area, until a permit has

been obtained from the Director of Public Works or his agent. Plans fully

depicting the proposed driveway location and or work in town ROW area shall

be submitted for review and approval prior to commencing work.

b. In determining whether to issue a permit, the Director of Public Works shall give

due consideration to the effect of the proposed approach upon public safety,

sightline and drainage needs.

c. For driveways, all paving, drainage pipes, culverts, headwalls, catch basins, or

ditches deemed necessary by the Director of Public Works or his agent must be

installed at the owner's expense. The construction shall meet the requirements

of the Road Ordinance, unless varied with the written permission of the Director

of Public Works. For other work in town ROW areas, construction shall be

conducted in accordance with the approved plans. As applicable, work shall

meet the specifications of the Road Ordinance.

d. The work shall be completed before a Certificate of Occupancy (CO) and a

Certificate of Use and Compliance (CC), when applicable, are issued. If

extenuating circumstances prevail, as deemed by the Director of Public Works,

that prevent completion of work by the time all other CO and/or CC conditions

are met, and unless waived by the Director of Public Works, the applicant shall

deposit with the Town Treasurer security in the form of cash, -in such amount

as may be required by the Director of Public Works sufficient to cover the

satisfactory completion of all work, including work required to repair the town

street or ROW area. The security shall not be less than $1,000.

e. For work not involving a CO or CC, the applicant shall deposit with the Town

Treasurer security in the form of cash, in such amount as may be required by the

Director of Public Works sufficient to cover the satisfactory completion of all

work, including work required to repair the town street or ROW area.

f. If work governed by this ordinance is not completed within twelve (12) months of

approval, the Town may utilize all or any necessary portion of the posted

security to effect satisfactory completion.

g. The holder of this permit shall be responsible for any damage done to the town

street

or ROW area in the completion of said work.

Section 5. Declaration of "Snow Emergency"

A "snow emergency" shall be declared by the Mayor or his/her designee, either before,

during or after a fall of snow, sleet or freezing rain, when in his/her sound judgement

and discretion the circumstances warrant determination of such an emergency in the

interest of safety upon the public roads of the Town.

The Mayor’s Office shall cause public announcements of such determination of

snow emergency prior to the time of becoming effective, after which time a snow

emergency shall be in effect. The Mayor or his/her designee shall determine when

such emergency no longer exists and shall make public announcement of the same.

Section 6. Parking Restrictions

No vehicle shall be permitted to remain parked on any street within the Town between

the

hours of 1:00 a.m. through 6:00 a.rm. daily, during the period of December 1st

through March 31st of each winter.

It shall be unlawful at any time during the period of any snow emergency under

provisions

of this Ordinance for the owner of a vehicle or person in whose name it is

registered, to allow, permit or suffer said vehicle to remain parked on any street

in the Town of Ledyard.

No vehicle shall be permitted to be parked on any street for a period of more than ten

(10) consecutive days in any 365 day period. After such period, such vehicle

will be considered a fixed obstruction according to Section 3 Paragraph (a).

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 7. Owner

In any prosecution or proceeding hereunder, the registration plate displayed on the

vehicle shall constitute prima facie evidence that the owner of such vehicle was the

person who parked such vehicle at the place where such violation occurred.

Section 8. Towing

Whenever any motor vehicle shall be found parked on any Town road during a period

when parking is prohibited as herein set forth, such vehicle may be removed or conveyed

under the direction of the Town Police Department by means of towing the same is

found to be parked in violation of Section 6 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.

Such removal shall be at the risk of the owner, and such owner is subject to the terms of

the towing company in retrieving the vehicle.

Section 9. Penalties

a. Any person, firm or corporation violation any provisions of Sections 3 or 4 of this

ordinance shall be fined not more than Two Hundred ($200.00).

b. Any person found in violation of the provisions of Section 6 of this ordinance will

subject to the issuance of an infractions summons and be subject to a fine in

accordance with a schedule, which may be amended from time to time with the

approval of the Town Council. The fine schedule is hereby incorporated in this

Ordinance as fully set forth herein. (Appendix A). in accordance with the State

of Connecticut Superior Court schedule.

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

accordance with current Connecticut State Statutes.

Section 10.

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 11. Effective Date

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

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

Amended and Adopted by the Ledyard Town Council on: ____________

_____________________________

Kevin J. Dombrowski, Chairman

______________________________

Fred B. Allyn, III, Mayor

Published on:

Effective date:

______________________________

Patricia A. Riley, Town Clerk

***********************************************************************

******

Revisions: Ordinance #38 “Ordinance Prohibiting Parking on Town Roads During

Winter Storms and Providing Penalties for the Violation Thereof” adopted July 27,

1987; Ordinance #75 “An Ordinance Amending An. Ordinance Prohibiting The Placing

of Obstructions or the Drainage of Water on Town Roads” Adopted: June 9, 1999;

Ordinance #100 “An Ordinance Regulating Construction of Driveways to or Other Work

Right-of-Way Areas of Any Street or Highway of the Town of Ledyard” Adopted:

February 8, 2006 .Ordinance #152 “An Ordinance Regulating parking and Other

Activities in town Roads and Rights-of-Way and Providing Penalties for the Violation

Thereof” Adopted August 8, 2018; Effective: September 4, 2018. Renumbered

#300-027on September 25, 2019. Amended on February 26, 2022 #300-027 (rev1);

Effective: March 24, 2020.

History:

The Twenty-fourth Town Council (2017- 2019) Ordinance Update Initiative:

Renumbered Ordinance #152 “An Ordinance Regulating Parking and Other Activities in

town Roads and Rights-of-Way and Providing Penalties for the Violation Thereof” to

Ordinance #300-027.

1999: Ordinance #38 “An Ordinance Prohibiting the Placing of obstructions or the

Drainage of Water on Town Roads”. Section 1 added “including portable or permanent

basketball hoops”

2018: Combined Ordinances #38, #75 & #100 because the subject matter of the three

Ordinances dealt with the similar issue of the town right-of-way. Most of the language of

the three ordinances did not change. Section 6 “Parking Restrictions; added paragraph

be permitted to be parked on any street for a period of more than ten (10) consecutive

days. After such period, such vehicle will be considered a fixed obstruction according to

Section 3 Paragraph (a). Updated State Statute numbers throughout the document.

Section 3 “General Restrictions” paragraph (a) removed the following language

“including portable or permanent basketball hoops”.

2019: Removed Section 11 “Cancellation of Previous Ordinances” - Per Town Attorney

a “Cancellation Section” was not needed. The “Revisions” and “History” paragraphs

indicate that the previous ordinance has been updated and replaced. Added new Section

11 “Effective Date” to be consistent with Town Ordinance format. No substantive

changes were made to the ordinance.

2020 (rev.1): Section 3. General Restrictions: Inserted a new paragraph (b) as follows:

“In the case of clearing and handling leaves from and in proximity to private properties,

no person, firm or corporation shall place or leave any leaves in the roadway or

permanently place leaves on Town property. Residents who contract out leaf removal

services at their property shall be liable also for violations of this provision of the party

they hire” and re-lettered the remaining paragraphs accordingly.

2023 (rev. 2): Updated in various places to incorporate prohibitions related to parking

commercial and industrial vehicles in residential districts as follows:

Section 2 “Definitions” added subparagraph (e).

Section 6”Parking Restrictions” added subparagraph (d).

Section 8 “Towing” Reworded paragraph as follows: Whenever any motor vehicle shall

be found parked on any Town road during a period when parking is prohibited as herein

set forth, such vehicle may be removed or conveyed under the direction of the Town

Police Department by means of towing the same is found to be parked in violation of

Section 6 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.

Section 9 “Penalties”

Subparagraph (b) added the following language: may be amended from time to time

with the approval of the Town Council. The fine schedule is hereby incorporated in

this Ordinance as fully set forth herein. (Appendix A). Removed the following

language. And removed the following language: “in accordance with the State of

Connecticut Superior Court schedule”.

Added subparagraph (c)

Added Appendix - Fee Schedule

The 2023 changes noted above are further subject to the following background.

Sec. 7-148. Scope of Municipal Powers

Fine up to $90 is considered an infraction. Fine above $90.00 to $250.00 is considered a

“violation”. Both are enforceable on a state infraction ticket.

Sec. 51-164p. Violations of municipal ordinances, regulations and bylaws. (a)

Notwithstanding any provision of any special act, local law or the general statutes to the

contrary, any violation of any ordinance, regulation or bylaw of any town, city or

borough, except violations of building codes and the health code, for which the penalty

does not exceed ninety dollars shall be an infraction as provided for in sections 51-164m

and 51-164n.

(b) Notwithstanding any provision of any special act, local law or the general statutes,

any violation of any ordinance, regulation or bylaw of any town, city or borough, except

violations of building codes and the health code, for which the penalty exceeds ninety

dollars but does not exceed two hundred fifty dollars shall be a violation as provided for

in sections 51-164m and 51-164n.

(P.A. 75-577, S. 9, 126; P.A. 80-483, S. 133, 186; P.A. 06-185, S. 9.)

P.A. 80-483 specified that violations with penalties not exceeding $90, rather than $100,

are infractions; P.A. 06-185 designated existing provisions as Subsec. (a) and added

Subsec. (b) re violation of municipal ordinance, regulation or bylaw with penalty

between $90 and $250.

Cited. 9 CA 686.

Sec. 14-251. Parking vehicles. No vehicle shall be permitted to remain stationary within

ten feet of any fire hydrant, or upon the traveled portion of any highway except upon the

right-hand side of such highway in the direction in which such vehicle is headed; and, if

such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when

stationary, shall, when safety will permit, be within a distance of twelve inches from the

curb, except if a bikeway, as defined in section 13a-153f, or such bikeway's buffer area,

as described in the federal Manual on Uniform Traffic Control Devices, is in place

between the parking lane and the curb, such vehicle shall be so placed that its right-hand

wheels, when stationary, shall, when safety will permit, be within a distance of twelve

inches from the edge of such bikeway or buffer area.

No vehicle shall be permitted to remain parked within twenty-five feet of an intersection

or a marked crosswalk at such intersection, except within ten feet of such intersection if

such intersection has a curb extension treatment with a width equal to or greater than the

width of the parking lane and such intersection is located in and comprised entirely of

highways under the jurisdiction of the city of New Haven, or within twenty-five feet of a

stop sign caused to be erected by the traffic authority in accordance with the provisions

of section 14-301, except where permitted by the traffic authority of the city of New

Haven at the intersection of one-way streets located in and comprised entirely of

highways under the jurisdiction of the city of New Haven.

No vehicle shall be permitted to remain stationary upon the traveled portion of any

highway at any curve or turn or at the top of any grade where a clear view of such

vehicle may not be had from a distance of at least one hundred fifty feet in either

direction. The Commissioner of Transportation may post signs upon any highway at any

place where the keeping of a vehicle

stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to

the directions of such signs shall be a violation of this section. No vehicle shall be

permitted to remain stationary upon the traveled portion of any highway within fifty feet

of the point where another vehicle, which had previously stopped, continues to remain

stationary on the opposite side of the traveled portion of the same highway.

No vehicle shall be permitted to remain stationary within the limits of a public highway

in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic

thereon, provided a vehicle which has become disabled to such an extent that it is

impossible or impracticable to remove it may be permitted to so remain for a reasonable

time for the purpose of making repairs thereto or of obtaining sufficient assistance to

remove it. Nothing in this section shall be construed to apply to emergency vehicles and

to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping,

or being held stationary by any officer, in an emergency to avoid accident or to give a

right-of-way to any vehicle or pedestrian as provided in this chapter, or from stopping on

any highway within the limits of an incorporated city, town or borough where the

parking of vehicles is regulated by local ordinances. Violation of any provision of this

section shall be an infraction.

Sec. 14-252. Parking so as to obstruct driveway. No person shall park or leave stationary

on a public highway any vehicle in front of or so as to obstruct or interfere with the

ingress to or egress from any private driveway or alleyway, except with the permission

of the owner of such private driveway or alleyway. Such parking or stationary position of

any vehicle with such permission shall be subject to existing parking regulations.

Violation of any provision of this section shall be an infraction.

(1949 Rev., S. 2510; February, 1965, P.A. 448, S. 29; P.A. 75-577, S. 101, 126.)

History: 1965 act added provision requiring compliance with parking regulations when

blocking drive or alley; P.A. 75-577 replaced provision for $25 maximum fine with

statement that violation of provisions is an infraction.

See Sec. 14-107 re liability of owner, operator or lessee of vehicle.

Moved by Councilor Paul, seconded by Councilor Rodriguez

Discussion: Councilor Marshall stated the Town Council received some good comments

at the December 14, 2022 Public Hearing and that he supported putting the proposed

Ordinance amendments forward as presented this evening.

Chairman Dombrowski stated he referred the proposed amendments to Ordinance #

300-027 “ An Ordinance Regulating Parking Of Commercial Vehicles On Public Streets

In Residential Zones And /Or In Front Of Residentially Used Properties” back to the

LUPPW Committee to review the Public Hearing comments received. He noted the

non-substantive suggestions have been included in the draft dated December 14, 2022

for the LUPPW Committee to consider and were noted by the highlighted green font in

the Ordinance above as follows:

Section 2 - Subparagraph (e) “…..Commercial or industrial vehicle” also includes

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

feet in length and or in height,….”

Section 6 - Subparagraph (c) “ No vehicle shall be permitted to be parked on any

street for a period of more than ten (10) consecutive days in any 365-day period.

After such period, such vehicle will be considered a fixed obstruction according to

Section 3 Paragraph (a).

Chairman Dombrowski stated the public comment that was not included was regarding a

grace period.

Councilor Rodriguez stated that she was pleased that the residents’ concerns were heard,

noting that they had some valid concerns.

The LUPPW Committee agreed with the non-substantive editorials presented in the draft

dated December 14, 2022.

VOTE: 3 - 0 Approved and so declared.

RECOMMENDED FOR APPROVAL

Gary Paul

RESULT:

MOVER:

S. Naomi Rodriguez

SECONDER:

Paul, Rodriguez and Marshall

AYE:

ADJOURNMENT

Councilor Rodriguez moved the meeting be adjourned, seconded by Councilor

Paul

VOTE: 3 - 0 Approved and so declared, the meeting was adjourned at 6:34 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.