Our Stony Creek, Connecticut - Now and Then
The Creek - a Maine village in disguise
Update: 02-14-2025
Attorneys for the town of Branford have retrieved the attached letter dated April 28, 2024 confirming that Gary Zielinski successfully completed the Tree Warden School in 2017 – over 8 years ago and only now revealed.
We’ve also retrieved this 11-09-2022 email from Eversource. It was sent by Gary Zielinski after my wife’s 09-06-2022 almost fatal tree accident. He refused to respond to our emails or phone calls. The contents illustrate his total lack of managerial or technical acumen necessary to be tree warden. He took no other action to protect Leetes Island Road drivers from another disaster.
Note the email was sent to June Moulis of Lucas Trees, who then forwards it to Eversource.
The town is required by ordinance to hire a professional arborist “in waiting” for just this situation. June Moulis of Lucas Trees is under contract with Eversource and is not under contract to the town.
The trees were finally removed 2 years later by Eversource. Read below.
Date: Wed, 9 Nov 2022 8:35:10 PM (UTC)
Sent: Wed, 9 Nov 2022 8:35:01 PM (UTC)
Subject: Fwd: [EXTERNAL]Leaning trees on Leetes Island Rd
From: June Moulis
To: Mcleod, Dale B ;
EVERSOURCE IT NOTICE – EXTERNAL EMAIL SENDER **** Don’t be quick to click! ****
Do not click on links or attachments if sender is unknown or if the email is unexpected from someone you
know, and never provide a user ID or password. Report suspicious emails by selecting ‘Report Phish’ or
forwarding to SPAMFEEDBACK@EVERSOURCE.COM for analysis by our cyber security team.
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
From: Gary Zielinski
Sent: Wednesday, November 9, 2022 9:31:50 AM
To: June Moulis
Subject: [EXTERNAL]Leaning trees on Leetes Island Rd
June
Could you please check on these trees located at 261 Leetes Island Rd. They are leaning and look like they can
impact power lines across the street.
Let me know what you think
Thank you
Gary
Around 10:40 AM, Tuesday July 30, 2024 our generator kicked in due to an Eversource power outage. All the usual events took place – downed internet, tv, and AC – then the generator decoupled from the grid and 10 minutes later we were back up and running. We’re lucky to have a generator.
After September 6, 2022 when a tree fell on our car while Jane was driving south on Leetes Island Road, I investigated Branford’s forest management practices and discovered that there are none. Branford does not even have a state licensed tree warden – a fact that First Selectman Cosgrove denies but refuses to come up with proof.
In an attempt to confirm the rumor that the July 30th tree that disrupted our power was near the Leetes Island Road location of my wife’s accident. I extracted the nearby Eversource utility pole number from the police report and contacted Eversource. For the record, it is Eversource pole #44736 and on 9-6-2022 it was struck by the same tree that struck our car.
Eversource arborist Dale McLeod confirmed the location of both trees just south of Flat Rock Road along Leetes Island Road and that the area was a “mess”. See below.
Branford’s Tree Warden website hasn’t updated the Eversource vegetation plan since January, 2018. And it does not name a tree warden.
Mr. McLoud reported that he was working with Branford’s tree warden, not knowing that he does not have a state license as a tree warden.
This is the region of consideration looking north along Leetes Island road and just south of Flat Rock Road.
On March 21, 2023 I sent the following letter to the Board of Selectman. Also see https://vimeopro.com/branfordtv/branford-town-meetings/video/815164310
Mr. James Cosgrove, Branford First Selectman
Branford Board of Selectman
Branford, CT 06405
Dear Mr. Cosgrove and Board of Selectman:
As you are aware, the RTM recently revised the town code that governs the duties of the town tree warden. This revision was in response to a September 6, 2022 accident when my wife experienced a near fatal encounter with a falling tree while driving south on Leetes Island Road.
It has been revealed that the town has not had a state certified tree warden for almost three years, as required by both state statutes, and previous and revised versions of the town code.
After September 6, our repeated attempts to contact either the town public works director or the town tree warden (one and the same) failed. The revised town code now requires that the town tree warden respond to taxpayer tree-related requests.
As of September 6, and as of this writing, the town tree warden webpage does not list the name or e-mail address of a state certified tree warden or anyone acting in that capacity.
It’s for these reasons that I’m appealing directly to the Board.
It should also be noted that a freedom of information act (FOIA) request revealed the outrageous fact that the town public works administration has no record of the post-accident cleanup on September 6, 2022, even given the severity of the near-fatal event involving a roadside tree.
We wonder if other similar events have not been recorded by Branford public works. We hope that the new tree warden will keep publicly accessible records.
Finally, we are concerned that the group of roadside trees that contained the tree that fell on our car continue to present a danger to Leetes Island Road drivers. We believe they are rooted in private, downward sloping soil next to the town right of way. According to the police report, these trees are across Leetes Island Road from Eversource utility pole number 44736, which was damaged by the same tree that struck my wife’s car.
According to Sec, 16-10 A and C of the revised town code, the tree warden has the town and state authority to remove private roadside trees that present a threat to public safety.
Given the town does not have a state certified tree warden, we suggest the deployment of on-call arborists to evaluate the public safety risk before prevalent recent windstorms weaken these trees further.
Jerry Shaw
Here’s a video of the BOS meeting: https://vimeopro.com/branfordtv/branford-town-meetings/video/815164310
Mr. Cosgrove has seen fit to ignore both the warning about failing trees along Leetes Island Road and the tree warden provisions of the revised town code.
Branford needs a competent forest manager now before someone gets killed.
Jerry Shaw 8/2/24
Update: 8/24/2024: I’ve been in contact with two Eversource professional arborists, Dale McLeod, and Sean Redding and the Eversource manager of CT Vegetation Management, Jenna Turner. They confirmed that some of these trees were on private property next to the one that fell on Jane’s car in 2022.
Here’s the one sentence response from Jenna that will make your day:
“We have removed one tree on Leetes Island Rd, the one that had caused the recent outage near Flat Rock Rd. Last week I reviewed the area with a Lucas Tree Work Planner and she is now getting permission to remove ten priority trees along Leetes island Rd and RT 146. We have permission to remove four trees at this point. Work will start once we hear back from all property owners and a review with the town tree warden is completed.”
Every time I look out our windows onto Thimble Islands Road, I see our and our neighbor’s white picket fences. Sort of Tom Sawyer-ish. Before vinyl fences, we had ours painted by a school kid, just like Tom.
Taking a safe walk across the road to visit the fence is the subject of this piece. Add to that motivation, two near encounters with speeding cars while using the Church crosswalk with my mobility scooter last August.
Neither the Stony Creek Association nor the Town of Branford, nor Public Works, nor the Town Engineer have seen fit to conduct a traffic study along Thimble Islands Road – the road that borders our picket fence. This, in spite of the obvious hazards that resurface every year, particularly during June, July and August.
One example of local questionable judgement is refusal by the SCA to consider temporary removeable speed bumps, even one positioned just before/after the Church crosswalk, and installed just during the tourist months.
Speed is the one constant prevailing daily threat to pedestrians crossing parts of TIR at crucial places, not just during the tourist season.
I call it the Thimble Islands Speedway. And not just on Memorial Day. You’ll see why below.
As a retired technologist, I gathered tools together to collect data, first to establish a baseline for further study during the busy months, and later to determine volume, median and average statistical data to justify policy changes designed to enhance public safety. At the very least, speed limit enforcement, and compliance with state and federal parking and pedestrian safety laws.
Everything I’ve used so far in the way of speed detection can be pointed out of our window and purchased by other homeowners who want to repeat this process in their neighborhood. I’ll only show the latest results from the middle of March. All of what I show was taken with a laptop and a webcam with commercial software. I cannot record license plate numbers, nor do I intend to.
Let me be blunt. This data will be used to support further action if needed.
Plot A:
Here’s an example from 3/20/2024, between 2:00 and 5:00 pm when there was about 150 cars traveling north and south in front of our house. See the picket fence across the way.
Plot B
A plot of the speed of about 150 cars in and out of a region in front of our house on 03/20/2024 during the above afternoon. Note speeds over our current 25 mph speed limit.
Plot C
A scatter plot of the above data. Note speeds over our current 25 mph speed limit.
Conclusion – A March Snapshot
These statistics are Stony Creek drivers (not tourists) and their servicing personnel in the middle of March.
A substantial number of cars exceed 30 MPH with 7 cars traveling faster than 35 MPH and one at 42. Here are the statistics for those so minded: Average speed: 24.785 mph, median speed: 25.01 mph, i.e. half the cars clocked above the posted 25 mph speed limit.
It is my belief that one or two delivery trucks exceeded my software’s capability to clock their speed due to video frame rate limitations.
A few suggestions.
- The Association has not created a public forum on this topic. It should consider doing so.
- If it’s not obvious, parked cars at the entrance to crosswalks block line-of-sight for kids, mothers with strollers and wheel chair users. State law dictates 25′ parking setbacks. We’ve been violating this state law for years because complying subtracts from available parking for Islanders and businesses.
This is not generally an issue in non-tourist months, but speed is. As is obvious, 40 mph speed can kill pedestrians in Stony Creek’s crosswalks, with or without parking setbacks.
Without 25 ft. parking setbacks from crosswalks, the probability of death or injury goes up significantly at 25 mph. That’s less than 3 human reaction times, if the driver is paying attention and half that at 40 mph.
3. The Association is obligated to deploy all reasonable measures to enforce public safety laws. The Association does not monitor parking setbacks from crosswalks, nor does it intend to pay for a parking enforcement officer to enforce parking or speed rules during tourist season, though I haven’t seen the latest SCA minutes. Installation of ADA sidewalk cutouts (with the nice little rubber mats) does not come with parking prohibition setbacks near crosswalks – they must be painted and enforced. See an existing recently installed ADA sidewalk cutout below.
4. The above data suggests a 20 mph Thimble Island Road speed zone starting south of Sachem Road, which would include the major commercial hot-spot in the Creek, Madera Park and the Stony Creek Beach.
5. As a low-key visual deterrent, new happy face solar speed signs ( non-recording without LPR) should be placed at two or more sites along TIR, including one for the above 20mph zone. An electronic speed sign has been suggested for the Amtrak underpass alert system, which is now years late due to the tardiness of Public Works.
Respectfully submitted,
Jerry Shaw, Stony Creek
by Jerry Shaw December 1, 2023.
Update: August 19, 2024
1 Dead, 1 Missing During Historic Flood, More Storms, Flooding Expected Monday. 10 in. of rain in a few hours near Southbury along I-84..
Quotes from from Jan Ellen Spiegel of The CT Mirror, and The New York Times.
Jan Ellen wrote “Last summer made it clear that flooding is one of the greatest risks the Northeast faces from climate change. Warm air and oceans, along with sea level rise, mean more intense storms and floods — this summer, the summer of 2021 and likely summers in the future. The Fifth National Climate Assessment, released earlier this month, specifically noted extreme precipitation and flooding as a key climate change issue for the Northeast.” The New York Times did express some muted optimism in reporting on this assessment, but for flooding in the Northeast, not so much.
1) https://ctmirror.org/2023/10/08/ct-stormwater-flooding-climate-change-drainage-manual/
2) https://ctmirror.org/2023/11/05/ct-shoreline-flooding-climate-change/
3) https://ctmirror.org/2023/11/17/ct-flooding-climate-change/
In this day of 5 inches per hour, so-called 100-year tropical rainstorms, it should shock all of us that Branford’s Flood and Erosion Control Board hasn’t met since 2018, has no designated chair and no replacements for two diseased members.
With all other town boards, the selectmen are obligated to fill vacancies.
Not the Flood and Erosion Control Board.
In addition, in Branford Town Code, Chapter 161, approved by the RTM in 2014, the Flood Control Board’s responsibilities are empowered by the same Section 7-148(c)(7) of the Connecticut General Statutes that allows towns to remove stray dogs from their streets.
The state legislature, in 2022, revised Sec. 25-84 that specifies that town ordinances may create municipal flood prevention, climate resilience and erosion control boards, except that in towns having a population of less than fifty thousand, the selectmen may be empowered by such ordinance to act as such flood prevention, climate resilience and erosion control board.
The above referenced legislation allows the following board duties: “Such board shall have authority, within the limits of appropriations from time to time made by the municipality or municipalities, as applicable, to plan, lay out, acquire, construct, reconstruct, repair, maintain, supervise, operate and manage a flood prevention, climate resilience and erosion control system.”
Given the synergy between the above boards, I’m advocating for the creation of a combined flood prevention, climate resilience and erosion control board with the above joint powers in an advisory and partnership role with the Board of Selectmen and the Town Engineer. This entity would replace the current Coastal Vulnerability Ad-Hoc Working Group.
Boards with citizen membership provide public access to the deliberative process, resolution of taxpayer complaints and the pursuit of projects for the public good.
It’s time for both the RTM and the current administration to correct this outrageous situation before the next storm flood season.
Everyone has heard of the demographic trend toward an aging population. Apparently, Branford has a plan to modify that statistic.
By blocking visibility at crosswalk entrances with parked cars, people in wheelchairs or mobility carts are at risk for injury or death, and this in spite of a state statute specifying a 25′ parking setbacks. See https://www.cga.ct.gov/current/pub/chap_248.htm#sec_14-251.
As seen below, this is a systemic practice by Branford’s highway supervisor and public works manager.
In a 9/11/2023 meeting of the Branford Board of Police Commissioners Traffic Committee, a request to remedy this oversight was denied. See https://youtu.be/B7cieWnLGik?si=zJkTeA_qd-NVz-q_&t=1436.
I’ve contacted the DOT and plan on an ADA complaint to the other enforcement agencies.
Stay tuned!!
Update – 07/26/2025
After significant remarking of Thimble Islands Road parking spaces, the area just north of the church mid-block ADA crosswalk has not been disallowed, allowing vehicles to block driver-pedestrian eye contact as required by multiple state laws. See my email on the topic.
To:Dan Bullard,Mark Richter,Patty Austin,Peter Hentschel
Cc:Randi O’Brien,John OBrien
Mon, Jul 14 at 3:23 PMPeter, Dan, Mark, and Patty,
No one pays attention to pedestrian ROW rules, not even law enforcement. That’s why Connecticut has such a high pedestrian fatality rate.
| Connecticut Pedestrian Deaths Reaching Record Levels | Law Offices of Ma…Law Offices of Mark E. Salomone & MorelliPedestrian fatalities in Connecticut are reaching record highs, and many of these tragedies are preventable. At … |
How can drivers comply with the 2021 state pedestrian law with a car backed up to the crosswalk, even legally, blocking a driver’s view of a child or someone in a wheel chair at curbside trying to cross?
Connecticut has new pedestrian laws, effective October 1, 2021, requiring drivers to yield to pedestrians in crosswalks and when they signal intent to cross. Specifically, drivers must slow or stop for pedestrians in any part of a crosswalk, or when a pedestrian steps to the curb and raises a hand to signal crossing. Additionally, a new law prohibits “dooring,” the act of opening a car door into the path of traffic. [1, 2, 3]
Key points of the new laws:
- Yielding at Crosswalks: Drivers must yield to pedestrians in any part of a crosswalk, or when a pedestrian signals intent to cross by stepping to the curb and raising a hand. [1, 3]
- “Dooring” is Illegal: It is illegal to open a car door into the path of traffic or to leave it open longer than necessary for loading/unloading. [3]
- Fines: Violating the crosswalk law can result in a $500 fine, according to Mark E. Salomone. [3, 4]
- Improved Communication: The law aims to improve communication and safety between drivers and pedestrians. [1, 3, 4]
- Applicable to all crosswalks: The law applies to both marked and unmarked crosswalks at intersections. [3, 5]
Additional Information:
- Pedestrian Responsibilities: Pedestrians should also take steps to stay safe, such as using designated crosswalks, waiting for the walk signal, making eye contact with drivers, and avoiding distractions says McCoy & McCoy. [2]
- “Dooring” Defined: The “dooring” law prohibits opening a car door in a way that creates a collision hazard for pedestrians or cyclists, according to fox61.com. [3, 6]
- Shared Responsibility: While the laws focus on driver behavior, pedestrians also have a responsibility to use the roadways safely. [2, 7]
Jerry
Church Thimble Island Rd. ADA crosswalk taken 07/14/2025.
Update – 10/19/2023
Here’s the First Selectman’s response to my ADA complaint and my response in return:
On Tuesday, October 17, 2023 at 01:10:12 PM EDT, Jamie Cosgrove <jcosgrove@branford-ct.gov> wrote:
Mr. Shaw,
I am in receipt of your email, and the Town will appropriately address the issues mentioned. Allow me time to review with staff, and I will follow up with you.
Sincerely,
Jamie Cosgrove
From: Trista Milici <tmilici@branford-ct.gov>
Sent: Tuesday, October 17, 2023 12:58 PM
To: Jamie Cosgrove <jcosgrove@branford-ct.gov>
Subject: FW: ADA Compliance Coordinator
Trista Milici, Executive Assistant, Selectman’s Office, Town of Branford, P.O. Box 150Branford, CT 06405
From: Margaret Luberda <mluberda@branford-ct.gov>
Sent: Tuesday, October 17, 2023 12:24 PM
To: Jerry Shaw <slowtoaccept@yahoo.com>
Cc: Trista Milici <tmilici@branford-ct.gov>
Subject: RE: ADA Compliance Coordinator
Dear Mr. Shaw,
I have reviewed your email below and believe you are addressing your concerns to the wrong person at Town Hall. I am the Director of Human Resources for the employees who work for the Town of Branford and though my responsibilities do include ADA compliance for our employees, my position does not have any jurisdiction over public roads or facilities. I am copying the First Selectman’s office Executive Assistant, Trista Milici to direct your concerns to the appropriate party.
Sincerely,
Margaret Luberda
Town of Branford
Director of Human Resources
ADA Compliance Coordinator
My response:
- Jerry Shaw <slowtoaccept@yahoo.com>To:Jamie CosgroveCc:Trista Milici,John Hoefferle,Margaret Luberda,Jennifer Acquino,Peter Hentscheland 1 more…Wed, Oct 18 at 11:48 AM
- Mr. Cosgrove,Thank you for your response.
- If I may make a suggestion concerning the breadth of responsibility an ADA Compliance Officer. Oversight responsibility of such a position should include ADA compliance of all town facilities, not just town employees.
- As you know, the town and the nation are getting older. Disabled access to all town venues needs tobe improved.
- I submit examples you may wish to emulate and guidelines you may wish to follow. All towns listed have websites. It took hours to find Ms. Luberda’s name and ADA title.
- CT ADA Coordinator Certification
The ADA Coordinator is responsible for coordinating the efforts of the government entity to comply with Title II of the ADA and investigating any complaints that the entity has violated Title II. The name, office address, and telephone number of the ADA Coordinator must be provided to interested persons. - Sidewalks
- East Haven
- New Haven
- ADA Advocate in New Haven
- Madison
- ADA Guide for Small Towns
- Municipality Guidelines
I hope this helps the seniors of Branford.
Sincerely, - Jerry Shaw
Newest update: 12/8/2023
As of 2 weeks ago, I and my neighbors noticed chalk markings with the letters “ADA” at several sidewalk entrances,, including the one below in front of the church.
I’ve asked the Association to request from the town a map of all ADA related mods to Stony Creek streets and sidewalks.
Apparently, the town has still not notified the SCA of their activities.
Jerry Shaw
From:slowtoaccept@yahoo.com
To:Mark Richter,Stony Creek Association,Stephen F. Palumbo Jr.,Dan Bullard,Harlan Fichtenholtz
Cc:Peter Hentschel,Tracy Everson,Josh Brooks
Mon, Dec 4 at 9:28 AM
Mark
As someone of limited mobility, I’m happy to see town efforts to install ADA crosswalks.
I assume that the town has shared DPW/Engineering plans with the Association with maps and diagrams of sidewalk mods.
It is not on the town websites: https://www.branford-ct.gov/news-announcements?term_node_tid_depth=504 or https://www.branford-ct.gov/news-announcements?term_node_tid_depth=493
Please be reminded of their failure to share plans on the firehouse parking lot. https://www.branford-ct.gov/sites/default/files/field/files-docs/rfp/stony_creek_fire_house_parking_lot_restoration.pdf
Jerry Shaw
Schooner Tom Beattie
Schooner Tom Beattie. Built in 1884 in Bath, Maine by the Beattie quarry family. Pictured here, probably in the late 1890s, sailing near Wheeler Island in the Thimble Islands.
Our Stony Creek, Connecticut - Now and Then 