noankjail

Notes from the Old Noank Jail 7/16/15

Taxing Older Cars in Groton, CT – an Update

by Ed Johnson

In October, 2013, I submitted the following Article in local Media, including PATCH, Groton & Mystic TIMES, Facebook and my local E-mail list……
Taxation Value on Older Cars in Groton
By Ed Johnson (Star Patcher) October 19, 2013

Notes from the Old Noank Jail

This article is primarily for the benefit of Groton taxpayers who, like myself, drive older vehicles. In early August, there was a situation in Griswold where a gentleman owned a 1992 Jeep Cherokee which, since it was older than 20 years, the Town established at a 70% valuation of $5,200….a ridiculously high figure. Apparently, this was supposedly based upon a NADA guidebook value for “classic” cars over 20 years old.

I wrote to the Groton Town Clerk’s office for guidance on this issue, explaining that, in some cases, a restored vintage car with antique license plates might be fairly high in value but that there are a great many cars out there that are 20 years or older (including my own) which are not “restored” and are simply being used as basic transportation. Being on a fixed income, I don’t like to buy new cars very often.

Town Clerk Betsy Moukawsher promptly referred my inquiry to Mary Gardner, the Tax Assessor for Town of Groton (860-441-6665) who then communicated with me by E-mail, after which I stopped in to see her at Town Hall. She explained how the NADA guideline functions, indicating in some cases where there may be valuation exceptions which can be reviewed in an appeals process.

But for most of us, as Ms. Gardner explained, there is a much easier and more cost-effective process. On October 1, 2008, the State of CT enacted Substitute Senate Bill # 298, Public Act # 08-150, which pertains to older vehicles as defined in section 14-1 of the Statutes.

The bottom line is that someone with a car over 20 years old (like mine) that has not been mechanically modified (or “souped up”) can fill out a form from the Groton Tax Office which will establish the vehicle at an assessed value of $500 for the remainder of time that the car is owned by that person. Many of us can breath more easily now……but contact the tax office for more detail and to receive the affidavit form, which I believe can also be E-mailed or faxed as well.

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The above information in the article is still accurate. Here is an update with more specific info:

1) I did receive direct feedback from readers including local friends with older vehicles who had been totally unaware of the 2008 Senate Bill. For unknown reasons, expect for my own article, this subject has received very little publicity since that time. In my opinion, owners should be automatically notified that they may be eligible for such tax re-classification, even though it may result in slightly less property tax revenue for the Town and/or State.

2) The cost savings could be noticeable for many of you with older cars. My 1994 Dodge Caravan is listed at a 2014 70% valuation of $1,820 with an annual tax of $40.66. A revised valuation to a value of $500 would result in a tax of only $11.17, a savings of $29.49 annually. Many of you with higher valuation values would save much more than that.

3) One situation I encountered recently involved a communication problem ( I am being polite) with the Groton Tax Assessors Office. In order to take advantage of the above savings, I therefore suggest the following to AVOID the necessity of filing for a hearing with the Board of Appeals:

a) When contacting the Assessors Office, either by phone or in person, be sure to get the actual NAME of the employee and the date you spoke with him/her.

b) When you receive the proper affidavit form, and fill it out, make a copy for yourself, then HAND DELIVER the original to the Tax Assessors office, have them check it while you are there and initial your own copy for verification. Again, get the person’s NAME that you are dealing with.

c) Most important….there is a timing requirement for filing in order for the change to take effect. If you try to file for THIS tax period, with the Grand List already established by January 2015, after having just received your tax bills this month of July, the Assessor’s office will NOT make the change for this 2014 tax period.

d) You will then be forced to deal with the Board of Appeals in September if you want to fight their decision. By that time, if you have refused to pay the tax, you will also be liable for late payment penalties (some folks might call that a “catch 22”) if the Board refuses your appeal.

e) Therefore, commence the paperwork by October 2015 if you want to take advantage of the $500 classification for the 2015 Grand List on your 1995 (or older) vehicle.

By all means, call the tax assessor’s office to verify these things.

If any of you wish to communicate with me directly on this subject, especially if you have “interesting” stories to tell, I would be glad to hear from you. Please use: EdwardR.Johnson72@gmail.com

Thanks for your attention…..happy trails! Ed J

Most of you are aware of my concerns with Groton Town and School Budgets and the fact that, as citizens, we don’t have more direct control of tax increases and expenditures by having an annual Referendum.

The following letter-to-the-editor of the New London DAY on 7/12/15 by former Town Councilor Mick O’Beirne illustrates yet another aspect to the financial management problem.

Ed J

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The folly of economic development
Published July 12. 2015 12:01AM – New London DAY

Once again Groton leadership is genuflecting before the false god of economic development, “Groton hires assistant director of planning,” (July 2).

Consider: The cost of the Groton economic development (ED) study alone represents a year’s revenue from fully taxable new development worth about $10 million.

Groton has had professional ED staff specialists plus an ED Commission for many years. Have all of these been incompetent such that we have to hire an outside professional group to tell us about Groton?

New economic development means new construction. There are those of us who do not want a lot more clearing/paving/tarring in Groton.

New economic development requires new population to supply markets for the products of the new ED and workers to operate the new businesses. Where does this population increase come from and at what costs?

We have empty storefronts now. We have businesses on the margin which could be destroyed by new competition. What does new economic development do for these?

Finally the myth of reducing taxes; it would require $200 million of new taxable development without tax incentives and with no costs to the town to provide the new revenue to reduce town taxes by just 1 mil. Is this reasonable?

Mick O’Beirne

Mystic

To our Noank area neighbors…. 5/21/15 at 7:00 PM EDT

1) We missed the annual Noank Fire District meeting because of our trip to visit family but we did submit absentee ballots which were accepted by the district. I have no problem in telling you that we voted in favor of the entire agenda, including the budget as proposed, the officers, the park commission and most especially for Lynne Marshall to remain on the Zoning Commission. We think she has done an excellent, very thorough job and hoped to see her remain.

2) However, as it turned out, Lynne’s candidacy was unexpectedly challenged by one Beth Steele, who received majority support from a large contingent of voters, some of whom had apparently not attended annual meetings previously. It appears that they were well organized and, perhaps, their agenda may have been to place a representative on the Zoning Commission who would be more sympathetic to both commercial interests as well as more relaxed enforcement of zoning regulations. Regardless….this large group of people wanted to make a change on the Zoning Commission….and they did.

3) I will not go into negatives or positives on the specific issues of some recent Zoning decisions, much less any personalities involved. There will probably always be differences of opinions between homeowners and commercial businesses operating in close proximity to each other in village areas such as Noank. Obviously, money and power play a major role in such relationships. And there may sometimes be homeowners who will want to “push the envelope” with the Zoning Commission in terms of what they feel they can do with their own properties. These things go with the territory, it seems.

4) The above activity should certainly be considered a “wake-up” call for many Noank residents who have been comfortable with the operation and management of this District for many years. Times have obviously changed and more active participation in local government is needed for those who wish to continue living here happily. We allso need to be more active in our participation with zoning issues.

5) Gone are the days when a small group of local Noank citizens could attend a District meeting years ago and vote for a large sum of money to be spent on converting the existing Noank Firehouse building into a combination Firehouse, Meeting Hall and District Offices. We did made the right decision and the money was properly spent, but where were all the OTHER Noank citizens to vote on such an important project? Why could they not be bothered to even show up? Why would they leave it to a small group to make such an important decision?

6) Presently, the Noank District Clerk sends out E-mail notices of Zoning and District meetings and agendas. The first step is to request being placed on that list by contacting the clerk at NFDClerk@tvcconnect.net so that you know what is going on. For example, does everyone know there is a public meeting of the Zoning Commission next Tuesday? Do they know what is on the agenda? Do they know if any of the topics might affect them directly or indirectly?

6) Because, otherwise, the above activity at the annual meeting was NOT a “wake-up call”……it was actually what we call “the Canary in the Coal Mine” and we will all eventually have to live with the resulting changes.

Ed Johnson, at the Old Noank Jail

Gloucester, Mass…..Police target drug demand instead of supply

By ANDREA HOLBROOK – Associated Press – Sunday, May 17, 2015
GLOUCESTER, Mass. (AP) – Gloucester police Chief Leonard Campanello’s phone was ringing off the hook Monday. The calls were generated by his and the city police force’s plan to tackle the opioid crisis here.

In the fight against opioid abuse, the expectation is that police will target the supply. Campanello’s plan turns that expectation on its head: Police here will work to cut the demand, and do it a compassionate way.

“Any addict who walks into the police station with the remainder of their drug equipment (needles, etc.) or drugs and asks for help will NOT be charged,” the plan reads. “Instead we will walk them through the system toward detox and recovery. We will assign them an ‘angel’ who will be their guide through the process. Not in hours or days, but on the spot.”

The Police Department also will pay the cost of nasal Narcan for those without insurance. Narcan is a drug used to temporarily reverse the effects of an opioid overdose.

And thirdly, Campanello plans to travel later this month with local lawmakers and leaders to tell Washington, D.C., how far Gloucester is willing to go to fight this disease.

Making a plan

The chief announced the plan Saturday at a “call to action” forum before a full crowd in City Hall’s Kyrouz Auditorium, attended by about 150 people, but wanted to spread the word further. So on Monday, at around 11 a.m., he posted the plan on the department’s official Facebook page.

By 1 p.m., the post had been shared 399 times, liked 400 times and commented on by 53 people. By 3 p.m., the numbers had more than doubled, and by 4 p.m., more than 60,000 people had seen it.

The plan was about two months in making, and began fermenting after March 6, when Campanello posted- again on Facebook -about four opioid overdose deaths that had taken place in Gloucester since the beginning of the year.

“We were charged by the administration to come up with new and innovative ideas that could augment the systems in place, such as the Health Department, in Gloucester,” Campanello said Monday evening.

“Everyone expects law enforcement to tackle the problem in the normal way,” he said. “But from my previous experience in narcotics work, I know cutting the supply doesn’t work, but if you work to cut demand, the supply will dry up. … Once you change that thought process, the implementation isn’t difficult. It doesn’t cost taxpayers a dime; it doesn’t interfere with law enforcement or my job.

“We initiated a provocative dialogue with lawmakers, business owners, and insurers to find ways to ensure addicts get the proper help they need.”

Enlisting ‘angels’

While his announcement that he wanted to use drug forfeiture money to buy nasal Narcan made headlines locally, it is the first step of the plan that may be the most revolutionary and is generating the most comment.

Addicts coming to the station will be assigned “an ‘angel’ who will guide them through the process. Not in hours or days, but on the spot,” Campanello wrote in his post. “Addison Gilbert and Lahey Clinic have committed to helping fast-track people that walk into the Police Department so that they can be assessed quickly and the proper care can be administered quickly.”

“We have 40 to 50 people from all walks of life- some recovering addicts, some people who just recognize the agony of this disease -in the process of training,” Campanello said Monday evening. “There’s not a lot needed to train them, they just need to be a friend to talk with for those mired in the system, someone so an addict doesn’t have to walk alone.”

Campanello said Joan Whitney, director of the Healthy Gloucester Collaborative, has been instrumental in helping this part of the program up. Anyone interested in volunteering may contact the chief or Whitney for more information.

Narcan’s role

The second part of the chief’s plan involves nasal Narcan.

“The Police Department has entered into an agreement with Conley’s and is working on one with CVS (on Main Street) that will allow anyone access to the drug at little to no cost regardless of their insurance, ” the chief wrote. “The Police Department will pay the cost of nasal Narcan for those without insurance. We will pay for it with money seized from drug dealers during investigations. We will save lives with the money from the pockets of those who would take them. We recognize that nasal Narcan is not the answer, but it is saving lives and no one in this city will be denied a life-saving drug for this disease just because of a lack of insurance. Conley’s has also agreed to assist with insurance requests from those who do not have any.”

Capital message

And lastly, the chief will take this fight from Gloucester’s streets to the capital:

“I will personally travel to Washington D.C., with the support of Mayor Sefatia Romeo Theken, the City Council, state Sen. Bruce Tarr, and state Rep. Ann-Margaret Ferrante, on May 12 and 13. There I will meet with U.S. Sens. Elizabeth Warren and Ed Markey and Congressman Seth Moulton. I will bring what Gloucester is accomplishing and challenge them to change, at the federal level, how we receive aid, support and assistance. I … will ask them to hold federal agencies, insurance companies and big business accountable for building a support system that can eradicate opiate addiction and provide long term, sustainable support to reduce recidivism.”

“I never met an addict who wanted to be an addict,” Campanello said Monday evening. “But unlike cigarettes, whose addicts are backed by insurers’ huge money, illegal addicts have none of these benefits.”

The chief and his department’s plan for fighting opioid abuse are getting a lot of attention- the phones ringing off the hook. “Our goal is about bringing it out of the shadows, and making businesses, lawmakers and insurers part of the solution.”

And that Facebook post? Almost all the comments on the plan are positive.

“60,000 people can’t all be wrong,” Campanello said.

To our neighbors, 3/12/15 Thurs 7:00 PM EDT

I have just received informal information which I am passing along to you.

Below is what I have been told is a brief summary of the final decision by the Noank Zoning Commission on the matter of Ford’s Lobsters as of Wednesday night, March 11, 2015.

If you need further info or any confirmation of details, contact the Zoning Office directly.

Ed J

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1) Expansion of parking into the previous grass area, resulting in a total of 36 parking spaces on the site, will be permitted (see # 2 below). No parking will be allowed on Riverview Avenue or on the hill covering the underground fuel tank.

2) The new parking area is to be surfaced with crushed seashells or crushed stone.

3) A new hedge of dense foliage is to be added along Riverview Avenue from the boundary with the Halsey property to the south end of the concrete pad, not to exceed 4 ft high. (This, or a fence, is required by the regulations.)

4) Expansion of outdoor restaurant seating will be increased from 34 to 49.

5) Permission is being temporarily granted to operate (the previously created) indoor restaurant and patio with a combined seating of 49….which had never been approved previously (see # 6 below).

6) The two restaurants are not to be in operation at same time – and if there is inclement weather during the outdoor restaurant season, there will be no food service, indoor or outdoor.

7) Delivery truck hours will be from 8-11 AM, and trucks can unload either on the site itself or over on Main Street, where these is more room to unload. No trucks can unload from Riverview Avenue, with the only exception being fuel trucks which will be allowed to park next to the concrete pad (as has been done historically) without blocking Riverview Avenue traffic.

8) Outdoor lighting shall be turned off at 9:30 PM and the big light pole shall be removed.

9) An Odor Scrubber for the indoor kitchen exhaust system is to be added.

10) An Application for Architectural Design Review of the previous modifications made to the indoor restaurant building must be submitted by June 1, 2015.

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Ford’s Lobsters in Noank. Jill Connor / The Press
Zoning panel allows more seats at Ford’s … with conditions
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Zoning panel allows more seats at Ford’s … with conditions …

Published: March 12, 2015 | Last Modified: March 12, 2015 12:18PM
By MICHAEL SOUZA Sun Staff Writer

NOANK — After months of consideration and testimony, the Noank Fire District Zoning Commission has conditionally approved a request from Ford’s Lobsters to increase seating and parking at the popular but small waterfront restaurant at the mouth of the Mystic River.

The applicant, Kristian Nyman, sought permission to expand his indoor and outdoor facility to 68 seats but was granted approval for 49. The current permit allows 34 seats. The commission will allow parking for 36 vehicles, seven more than currently allowed, based on the restaurant’s square footage.

The decision was the final chapter in the five-month-long deliberation on the application for a special permit to alter a nonconforming use. The lobster shack with its 10-slip marina predates the current residential zoning and is therefore considered a nonconforming use.

The application was approved “as modified and conditioned,” in a document containing more than 40 statements of fact and permit requirements.

Nyman will have to resubmit a site plan conforming to the conditions of the commission for final approval and must submit as-built drawings.

Throughout the commission’s three-day discussion, which included meetings from Monday through Wednesday nights, Zoning Commissioner Arthur Tanner guided the proceedings in a methodical manner, examining every detail under the purview of the commission. He emphasized the goal was to determine whether the application could comply with existing regulations, and if not, what extent would be allowable.

“What we have before us is an application in which Mr. Nyman is seeking permission to expand his operation,” Tanner said. “There were violations of the current permit last year but that doesn’t play a role in our review, because he has now applied to make those changes.”

In the end, use of the site was heavily restricted by two factors — seating and parking. Last summer, the restaurant was deluged with vehicles attempting to park in the small lot, causing some to park on narrow Riverview Avenue. The document also approves the indoor seating, something that wasn’t requested in Nyman’s 2011 initial approval. A significant change is that indoor and outdoor seating cannot operate concurrently, and outdoor seating cannot be moved inside during inclement weather.

Additionally, the seating area on an adjacent lawn overlooking the Mystic River and Fishers Island Sound will no longer be allowed. The area, where Nyman had placed a long line of Adirondack chairs, was intended for patrons waiting for tables.

Details that must meet the approval of Zoning Enforcement Officer William Mulholland include: the type of material used to stabilize the parking lot; a lighting plan; a buffer plan with dense foliage; a landscape plan for the parking area; and the installation of an odor suppression system.

The Architectural Design Board must review changes made to the exterior of the indoor dining building.

There are a host of other conditions. Deliveries must be made between 8 – 11 a.m. and must be either on-site or delivered by hand from Main Street. In an effort to curb traffic, deliveries are no longer allowed on Riverview Avenue.

The outdoor seating area can operate from the second week in June to the first day of fall. The indoor area, the remainder of the year.

A “Right Turn Only” sign will be posted for cars exiting the facility.

One concern was the impact of headlights exiting the restaurant and disturbing neighbors.

“The lighting plan and buffer plan are important for the quality of life for those in the area. It was a big concern last year,” said Commissioner Eric Smith.

Nyman was appreciative of the commission’s work. “I would like to thank the commission for their time and for muddling through tons and tons of paperwork,” he said.

Nyman received a special permit in 2011 for a nonconforming use in order to serve food to 34 customers in an outdoor setting, something he hadn’t done before. He received permission for additional cooking equipment in 2012.

But in 2014 the restaurant expanded to 68 seats, plus additional seating on the lawn without approval. This prompted a July 24, 2014 cease-and-desist order by Mulholland. Nyman appealed the order in August and kept the restaurant open throughout the remainder of the tourist season. Nyman submitted the application on Oct. 8, and a public hearing was held over the course f three nights in November, December and January.

The situation was distressing to some residents because Nyman was a member of the Zoning Commission yet defied the conditions of the permit. He had to recuse himself from the discussion and vote on his application .

Nyman had applied to change his permit to increase outdoor food-service seating from 34 to 68 seats, expand parking from 26 to 39 spaces and obtain zoning approval for a 33-seat indoor restaurant and 16-seat patio.

In total, the public hearing lasted more than 11 hours with almost 80 exhibits, and the issue was debated an additional 9½ hours this week in order to come to a decision.

RE-USE THE NOANK SCHOOL

An Open Letter to the Groton Town Council

I understand the frustration of running into much higher figures than anticipated for tearing down the Noank School. However, I request that the Council and the RTM reconsider the previous proposal for renovation and re-use of portions of the school building for community use. This would also blend in with the current program for the Community Garden.

The South building includes the gymnasium/theatre, bathrooms, offices, kitchen/dining and space for winter storage of rowing shells as well as garden equipment. Asbestos problems can be resolved, the roof can be repaired and alternate heating systems can be provided.

Councilor Moravsik was quoted in the DAY as saying that he’s not inclined to approve additional spending and I agree. What was the scope of work the contractors bid on? There are salvageable items in that building… was that all accounted for?”

I don’t approve of spending money to destroy something when, for far less money, we can use our imaginations rather than our sledgehammers to maintain something useful.

Ed Johnson,

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Noank Zoning Public Hearing re: Ford’s Lobsters 11/18/14

A public hearing was held at the Noank Fire District meeting hall downstairs from 7:00 PM until being recessed at approximately 11:50 PM Tuesday night. Site Plan material was presented by representatives of Kristian Nyman d/b/a Ford’s Lobsters, after other zoning business had been conducted. There were approximately 60 or more people present for the hearing.

The Ford’s Lobsters business had previously been granted permission by Noank Zoning for a non-conforming use involving seating for serving food to 34 customers in an outdoor setting. Problems arose with what was reported to be a summer expansion to approximately 68 seats, plus additional seating for a customer waiting area and further additional use of a modified building as an indoor restaurant. This expansion had caused parking, traffic and safety problems for local residents and had resulted in complaints to the Zoning officials followed by a cease & desist order by the zoning enforcement officer to cut the seating back to just the authorized 34 seats.

Mr. Nyman’s representatives included an attorney, an engineer and an historian. They proposed a plan for increased seating, increased parking spaces and actual approval of an indoor restaurant with nearby patio dining. Essentially, as was noted later, their plan was essentially to receive zoning approval for items that had actually already been put in place during the summer without appropriate zoning approval. Mr. Nyman’s attorney also presented a petition with “500 signatures” in favor of the application. Later rebuttal comments by others basically indicated that this process was not a “popularity contest.”

Following the presentation, approximately 5 or 6 people spoke in favor of the expansion, mentioning the excellent food and service provided by Ford’s Lobsters and that it was important to support local business in Groton. Another person spoke as a local business owner who felt that it was important to draw more customers into the area, which would in turn have a positive effect on his own business,

There were approximately 20 people, primarily local residents, who spoke strongly against the proposed expansion. Some of these residents were represented by an attorney who also summarized problems with what had transpired up to this point. The primary objections expressed by this group centered around an abuse of the legal process by Mr. Nyman himself, who is currently also a member of the Noank Zoning Commission.

Specific additional complaints included parking, traffic and fire safety issues during peak business activity periods, along with noisy delivery activities by large trucks very early in the morning. One speaker warned that other businesses in the Noank area would be watching this proceeding with great interest to see how it might affect their own operations in the future. Another expressed concern with possible underground fuel lines, with depth not known, from a large underground fuel tank, that apparently were not visible on the site plan; these could possibly be negatively affected by vehicles driving or parking over them.

As mentioned, with the late hour, the public hearing recessed before rebuttal comments could be presented by Mr. Nyman’s attorney and his other representatives. The Zoning Commission advised that they would be continuing the public hearing later on and/or at a later date to be announced. They also indicated that they had received letters from residents who had been unable to attend the hearing, and that those letters needed to also be read into the public record.