June 29, 2007

Nerden-Powder Ridge dispute resolved for now

Nerden-Powder Ridge dispute resolved for now

Despite a dispute with neighboring Powder Ridge, Camp Nerden's opening day went smoothly and without a hitch.

The camp, which serves children and adults with disabilities, began its 42nd year of operation as it opened for the season on June 25. Opening day marked the beginning of a seven-week program that will last until mid-August.

The success of opening day was not assured because of an ongoing dispute between Camp Nerden and abutting property owner Ken Leavitt. According to camp officials, the two parties had a verbal agreement that allowed the camp use of a driveway easement that comes up and across the front of the Nerden property and exits out onto the northern edge of the Powder Ridge property. The unofficial loop essentially creates a one-way road for buses and cars dropping off campers to enter the one-lane gravel access road and exit on the opposite side.

According to camp director Jennifer Straub, Leavitt put up a fence at the edge of the camp's property line, and erected two huge mounds of dirt, one on each end of the access road. The move restricted cars from being able to go beyond the camp's parking lot.

Without access to the road, the eight buses and at least a dozen cars would have had to drop off campers in the parking lot, drive down the access road to the end, turn around and come out the same way they entered. Straub said it would create a traffic nightmare, and would require staff to direct traffic so only one vehicle was on the road at a time. "He thinks the driveway is his and not to be used by anyone else," Straub said. "He views this piece of property (the camp) as valuable to his future plans."

But Leavitt's plans are still up in the air. He and the Powder Ridge property are still tied up in U.S. Bankruptcy Court. On June 20, Leavitt filed a "stay" against Camp Nerden.

Leavitt said he has allowed the camp to drive on the land and use the road for years, and the camp has refused to allow access through the property for snow-making pipes.

"There was no agreement, but we happily consented to that," Leavitt said of using the road. "We have tried to dialogue with the camp for many years regarding various easements."

About five years ago, Leavitt said he approached the camp seeking an easement across the land in back for snow-making pipes bringing water from Lake Beseck. He said the camp's attorney told him to go ahead with a survey, which Leavitt did, and when it went to the camp board for a vote, it was turned down.

"We felt we were being very supportive of the camp and then they turned down our request for an easement on property they don't use," Leavitt said.

Straub said Leavitt has had a number of proposals over the years, but never any solid plans. "Any discussions that we had were very preliminary, and plans were very rudimentary," Straub said. "They were not substantiated by any standards that the town has with zoning, or permits."

Straub also said that the camp will be careful and protective about what will abut or traverse the camp when considering any proposals.

In the meantime, a temporary deal has been struck between the two parties which allows Camp Nerden to use the access road. The camp added Leavitt to its insurance policy should anything happen on the road, and must keep the barrier to the Powder Ridge road up when buses and cars are not using it.

Leavitt said he supports the efforts of the camp, but the fact remains that the land it has been driving on is not theirs.

"For the time being they can go ahead and use the driveway, but the fence is supposed to remain on the property line," Leavitt said.

The camp took down the fence Leavitt put up in November to do construction improvements. It was put back up, but not on the camp's property line. Rather it was placed across the road on Powder Ridge property. Leavitt said he has made two "very generous proposals which we think give more to the camp than they imagined." One proposal includes providing the camp with the driveway easement it wants, making it extra wide for additional parking, in exchange for an easement across the back land.

The second proposal offers the camp more land in front, allowing them to increase their boundary line, in exchange for the back land of the camp that Powder Ridge can use for the pipes. So far, no one from the camp has responded to the proposals, Leavitt said.

"The safety of the campers has been assured as we have let them use the driveway to drop them off," Leavitt said.

The issue is out of Leavitt's hands, he said, because it is being handled by the court, and his creditors and lenders are just making sure that the land is protected.

"At this point in the Chapter 11 proceeding, it could be sold to another party," Leavitt said. "These people have the opportunity now to work out something that makes sense for everyone. We've at least tried by putting some proposals on the table."

The issue is in civil court right now, Straub said. "We've been quiet neighbors," she said. "We want to be neighborly. This isn't about impugning anyone's character, it's about doing the right thing."

Laurie Russell, president of Camp Nerden's board of directors, whose father was one of the founders of the camp, agreed.

"We've had a mission here to provide a free program for handicapped children and adults, and we want to be able to continue that," Russell said.

Camp Nerden provides recreation activities for about 125 campers each summer, representing an age range from about four to 55. The campers mostly come from central Connecticut and across both New Haven and Middlesex counties. The camp is fully supported by service organizations like the Lion's, Kiwanis, Probus and Civitan clubs and more. It has a paid staff of about 20 people, and more than 30 volunteer middle and high school staff.