September 27, 2018

Sebastian Caldarella

Town Assessor

Town of New Canaan

Town Hall

77 Main Street

New Canaan, Conn.06840

Please be advised that it is expected on or about Oct. 1, 2018 that the New Canaan

Town Assessor will obtain from the Town Clerk's Office a recorded document or deed for the assessor's grand list and records, whose metes and bounds description

and land area contains property to this day still recorded on the New Canaan Town

Assessor's records since 1900 as a cemetery, the Original Maple Street Cemetery.

This new recorded document or deed's chain of title is based on M 2 Partners LLC

claim of ownership of this cemetery recorded by the New Canaan Town Clerk Dec. 14, 2012 vol. 887 pages 715, 716, 717 and described as an "Old Burial Ground " and shown and designated a " Cemetery ", in part, on map no. 3736 filed in the town clerk's office. (copy attached) ( copy of 2 maps attached)

and has not been recorded in the Assessor's Office before  nor have any of the predecessors of the chain of title to M 2 Partners LLC's Quit Claim Deed.

The Town of New Canaan Planning & Zoning Commission through applications by  M 2 Partners LLC and approvals  by the Planning  & Zoning Commission has changed the zoning in the western portion of the Maple Street Cemetery referred to as Parcel P "Lots" that are adjacent to M 2 Partners LLC Warranty Deed property

and the use of Parcel P from a Cemetery to commercial use and to be used together with the Warrant Deed property.

We believed that the Town Assessor should not record this document or deed because it is a violation of  Connecticut General Statutes, on record since Oct. 1, 1935 to the present,  19a-295, 19a-315 and 19a-315a. (copies attached)

1. C. G. S.19a-295 states that " no other person , firms or corporations" ( LLCs) may own a burial ground and a cemetery

2. C. G. S. 19a-315 states "ancient burial place " means any tract of land within any municipality which has been used or has been in existence as a burial ground for more than one hundred years.

       Parcel P has been and is a part of the original Maple Street Cemetery since

       1824 and is over 194 years old.

3. C.G.S. 19a-315a   states " No municipality shall Alienate  or Appropriate any Ancient Burial Place to any use other than that of a burial ground".

In Addition

Even the title insurance company for M 2 Partners LLC's Quit Claim Deed will not defend them against any claim under chapter 386j Conn. Gen. Stat. -specifically

19a-295. (copy attached)

A title search report by attorney Vincent J. Hurley  of the Benedict burial plot in the Maple Street Cemetery , dated Dec. 11, 2017 states that there is no chain of title to the predecessors of Demeritt  which is the basis of M 2 Partners LLC Quit Claim Deed for the Maple Street Cemetery. (copy attached)

If you carefully read Andrew Melillo's Documentary Report (copy at town clerk's office or P& Z) Maple Street Burial Ground, Appendix O " Deed an Property Analysis F. G. H and I ( the lots which comprise  the area labeled Parcel P )

M 2 Partners LLC does not have a chain of title to parcel G- Driftway  plot of land since no deeds of record are shown in its description, where as the other3 burial plots  F. H. and I do list the vol. and page  of each deed of record in the N.C.L.Rs.

( copy attached )

On Feb. 17, 1827, Ezra Benedict sold David Law a burial plot in his cemetery ,

recorded  vol. 5 page 381 N.C.L.R.s which is one of the plots or " lots" making up

Parcel P now rezoned for commercial use and supposedly not in a cemetery , but why then are David Law and family in 3 graves there, legally speaking?

We realize the Assessor's oath of office requires the Assessor to uphold all of the Laws and Statutes of the State of Connecticut.  This includes the rules and regulations running of your office as well as the Conn. Gen. Stat. stated above.

To decide which regulation, law or statue comes first we respectfully suggest that

the Assessor request this matter to be heard before a appropriate court of the State of Connecticut to make a judgment to which regulation, law or statute in this matter takes precedence.

We the undersigned thank you for your consideration in this matter.