Support P&Z - Protect the Historic Maple Street Cemetery

Photo: Picture of Ezra Benedict's headstone, one of dozens at the Maple Street Cemetery. According to records, the cemetery, established about 1825, was founded by Col. Ezra Benedict as a private burial place for the proprietors of several shoemaking firms living in the Park Street area. Col. Benedict owned a shoe-making business on Park Street. 2 American Revolutionary War soldiers are buried there.

SUPPORT P&Z - PROTECT THE MAPLE ST. CEMETERY!

OPEN LETTER TO OUR SELECTMEN

New Canaan's unique history as a shoe-making hub in the early nineteenth century should be celebrated! Founded in 1825 by Colonel Ezra Benedict, the Maple Street Cemetery is an 'ancient burial ground' according to state statutes, a land locked property with 54 documented burials, located adjacent to the Merritt Apartments between Maple and Mead Street.

It was planned as a private burial place for the proprietors of several early shoe-making shops living in the Park Street area, including two Revolutionary War soldiers. Our street signs remind us of their names: Hoyt Street., Benedict Hill, Burtis Avenue, Comstock Hill Road, Raymond Street, Selleck Place, St. John's Place, Mead Street, Lockwood Avenue, Brower and Hanford Lanes. These same men were also responsible for notable local firsts...the first First Selectman, first bank, first regular mail service, first leaders to established Canaan Parrish as an independent community.

The Town needs to step up and protect this historic burial ground, to work with surrounding properties to clean up the blacktop and bushes that have been allowed to encroach on the original cemetery. The vision? The Town could take over 26 Maple Street, restore the burial ground and promote it as model for other New England towns. A quiet space, close to town and easy to visit, that tells us about our past as a center of New England's shoe-making industry in the early nineteenth century. The Problem? A developer wants to build on the top third of this burial ground, and is asking the P&Z to change its approval to allow this.

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Who supports P&Z approval and opposes modifications which would allow use as a building site?

• The Board of the New Canaan Historical Society
• The Board of the New Canaan Alliance for Preservation
• State Office of Historic Preservation describes the 'ancient burial ground' as protected by state statutes.
• State Archaeologist Dr. Brian Jones' "first choice" would be to protect the entire cemetery.

What has been done to raise alarm and draw accusations of desecration?

In January 2017 the devloper brought in heavy equipment to dig up almost all of the top third of the cemetery to demonstrate it had 'never been used as a cemetery'. What was found instead were sixteen grave shafts, human remains and 5 burials (3 in November and 2 in January) based on the builder's "Archaeological Investigations of the Maple Street Burial Grounds " report for the P&Z Commission, February, 2017. (see Report, Figure 5: Location of Features 4 -16 and Burials in Parcels F,H,I)

Could permission to build on any part of the original cemetery raise legal issues for the Town?

Yes, it can! There is empirical evidence of human remains on the portion that the builder plans to build on.

One Hoyt family member has already come forward asking that their family plot not be touched. Evidence of a fourth undiscovered Law burial has come to light. Not mentioned during the February 28, 2017 P&Z Hearing but found in a report by Historical Perspectives, the firm hired by the developer to do archaeological exploration were a number of human remains and two additional burials. " Historical Perspectives, Inc. identifies and locates many bones, human remains, and burials in all areas of the cemetery. The link to written report is here:

http://newcanaan.info/filestorage/9488/9220/785/803/22886/23971/Merrit_Archeological_Report.final.2.16.17.pdf Feature 4, page 7 and Feature 6, page 8.

Should the Town step up to the plate and use Connecticut laws delegating police power to municipalities to control, restore and acquire historic burial grounds? Why hasn't this happened? Under the State Statutes, only towns, ecclesiastic societies and cemetery associations can own ancient burial ground and 'no other persons, firms or corporations'. Connecticut State Statutes rule out firms or corporations from owning cemeteries, so how could one corporation, purporting to own the property by Quit Claim, acting as grantor, then Quit Claim this cemetery property to this developer in 2012?

How can the developer now use the top third of the cemetery as a building site? Statutes, including 19a-295, are available here: https://www.cga.ct.gov/2015/pub/chap_368j.htm

What does the builder want to do with the cemetery? Plans include locating part of a condominium complex on top, and part of a 193-space parking garage below. There is no evidence of fee simple ownership by the developer of Parcel P, only the Quit Claim in 2012. A letter in the P&Z files from the State suggests Quit Claims which bump up against state statutes, are not likely to stand up in Court. Why has the Town failed to protect this property? The Town has listed 26 Maple Street as tax exempt 'town owned' property since 1900. The same property currently appears on the assessment list twice, once under the Town and once under the developer.

What was said at the February 28th P&Z Hearing?

Dr. Jones, State Archaeologist, spoke in favor of protecting the entire cemetery as it was laid out in the 1820s. He acknowledged that if the Commission found merit in the developer's proposal, private burial spaces have sometimes been disinterred and reused, citing dams and highways as examples. A Park St. neighbor, observed that if bodies are moved from a cemetery it is usually by exercise of eminent domain for the public good, not a private economic interest.... there seems to be a balancing act going on between a private developer and the dead who cannot speak for themselves. Mimi Findlay, former President of the New Canaan Alliance, called Cece Saunders, spokesman for the developer and Historical Perspectives, to task for mentioning only an “insignificant toe bone” found in the digging, while Historical Perspectives' written report includes a long list of human remains. Ms. Findlay added, “When I think about a piece of ground with bits and pieces of humans, I think of it as a cemetery.” Veronica Ready, mother of 14th generation Hoyt children, said she did not want to see the Hoyt family graves desecrated, that she considered the entire cemetery to be hallowed ground. Susan Serven and Ed Vollmer, Board members of the Historical Society, thanked the P&Z for town leadership in working to rectify the situation and preserve the historic cemetery for future generations.

Contact: First Selectman, Robert E. Mallozzi III Robert.Mallozzi@newcanaanct.gov Office: 203-594-3000

Selectman, Beth Jones Beth.Jones@newcanaanct.gov.

Selectman, Nick Williams Nick.Williams@newcanaanct.gov.