OLD LYME–Library Lane has become a meeting ground for public interests as the need for burial access at the Duck River Cemetery intersects with neighbors’ calls for traffic safety on the narrow road. 

The nonprofit Old Lyme Cemetery Association, which oversees the cemetery and its historic bridge over the Duck River, has proposed the construction of a temporary road accessible via Library Lane that would allow burials to continue during a partial bridge replacement slated for the fall of 2027. 

The application was approved in April by the Old Lyme Inland Wetlands and Watercourses Commission (IWWC). But it wasn’t until last week that some neighbors found out about it, according to Wetlands Enforcement Officer Eric Knapp. 

Cemetery Association President Ed Pinn in a Wednesday phone interview said the replacement project will cut off a portion of the cemetery from the existing entrance on McCurdy Road for about three months. 

“Without that temporary road, people’s loved ones won’t be able to be buried in sections that are beyond the bridge,” he said. 

He said bridge designs are not yet complete and bids have not yet been solicited for the project set to start roughly two years from now. 

“Our goal is to not begin the temporary road until just before we’re about to undertake the bridge project so that there’s minimal impact on the community and the road won’t appear active until it’s absolutely necessary,” he said. 

The inland wetlands application specifies about 0.14 acres of wetlands will have to be filled in to make way for the 12- to 14-foot-wide passageway. The project was approved by the commission in a 7-0 vote. 

Project documents show the plan relies on an easement allowing the association to use the driveway at 31 Library Lane.

No Public Hearing

At an IWWC meeting Tuesday, several neighbors raised concerns about the potential effect of increased traffic on the lane where people walk, bike and play. 

William Folland, who lives on Dunns Lane—a cul-de-sac that joins Library Lane—said the wetlands application did not indicate if any alternatives to crossing the wetlands had been considered. He also worried there were not enough conditions in place to ensure the temporary road did not become permanent. 

Folland said there should be a public hearing on the issue. 

“I believe that this is a privately funded project but with significant public interest; that is, the safety of the residents on Library Lane,” he said. 

But Old Lyme Land Use Coordinator and Wetlands Enforcement Officer Eric Knapp said the commission, after visiting the site, determined there would not be any significant impacts to the wetlands – and therefore no need for a public hearing. Other evidence weighed by the commission included engineering and erosion control plans as well as testimony from Nathan L. Jacobson and Associates, the cemetery association’s consultant. 

“The permit remains in place,” Knapp said at the commission meeting. “And at this point, it’s valid going forward.”

Knapp emphasized the commission’s jurisdiction is limited to environmental concerns in the wetlands. 

“The wetlands commission is ill-equipped to deal with traffic issues; it’s really not within your parameters,” he said. 

The temporary nature of the project means it’s not in the purview of the Zoning Commission, either, according to Knapp.  

A joint letter from Knapp and First Selectwoman Martha Shoemaker addressed Monday to Library Lane residents recognized the neighbors’ frustration but said the town’s involvement in the process ended with the inland wetlands commission’s sign off. 

“No town approvals were necessary or required for this arrangement,” they wrote. “Additionally, no approval from the Zoning Commission was required, as there is nothing in the Zoning Regulation that would address a temporary use of this nature.” 

They said burials there average four a month. 

Holding the Key

The owner of 31 Library Lane told the commission he doesn’t see how the plan can proceed until more information is provided to residents. 

“I think I hold the key to this happening, since it’s on my property,” he said. 

Gary Dayharsh said he may allow access through his driveway for the temporary road, but needs important questions answered before giving full approval.

“I have yet to see a plan on what’s proposed,” he said. “I want to cooperate. I understand why it’s necessary. But I certainly want all my concerns addressed before I’ll even agree.”

He said he’s waiting for assurances that his driveway culvert won’t be harmed, general cemetery traffic won’t be coming up his driveway, liability insurance is covered and his property will be restored afterward. 

Pinn, the cemetery association president, said he will bring in engineers to look at Dayharsh’s culvert and will address all of his concerns. 

He said the temporary road will be returned to its original condition within six months or less, weather depending. 

The remediation plan is included in the engineering plans submitted to the commission. 

The association hasn’t decided how visitors will access the affected cemetery section outside of burial times, according to Pinn.

He described Dayharsh and the other property owners along the shared driveway as gracious for working with the association to make the project possible.

“We’re acting in the interest of the community by repairing the bridge, and we appreciate the cooperation of the neighbors, who’ve helped facilitate it,” he said. 

The association president noted the bridge’s condition came to light after the association brought in an engineer to determine the load carrying capacity of the 100-year-old structure amid plans to develop the cemetery’s Ledges section. Members ultimately agreed it was their responsibility to follow the engineer’s recommendation to replace the bridge. 

Pinn said he would keep affected residents informed of the project in writing going forward. 

“We want to be a good neighbor,” he said.