Discussion and possible action on legal jurisdiction for PZC Application #24-1SITE - 59 Kings
Highway, Applicant/Agent, Peter C. Gardner, Attorney, Mark Branse, Esq., Halloran & Sage -
Owner Donco, LLC for a 10-unit Mobile Home Park/Affordable Housing Development in
accordance with CGS §8-30g.
A.
Town Attorney Rob Avena addressed the issue of whether or not the IWWC has jurisdiction
over PZC applications. He stated that he felt the PZC Chair or the Town Planner could ask the
IWCC to review and he discussed that Ledyard had not updated its IWWC regulations to
specifically state the Commission could regulate activities beyond the 100-foot upland review
area as other Towns in the region had.
The Commission had a brief discussion of the proposed mobile manufactured home park
application and Director Burdick read a report from C.S.S. Ian Cole, dated April 121, 2024 that
had been entered into the PZC file record for #PZ-1SITE that described existing site conditions,
including wetlands areas, the proposed site improvements and that stated there would be no
direct or adverse impacts on the existing wetlands/drainage basin.
Upon MOTION by Beth Ribe, SECONDED by Dan Pealer, it was voted that the Commission
does not request that PZC Application #24-1SITE, 59 Kings Highway, Applicant/Agent, Peter
C. Gardner, Attorney, Mark Branse, Esq., Halloran & Sage - Owner Donco, LLC for 10-Unit
Mobile Home Park/Affordable Housing Development in accordance with CGS §8-30g submit an
IWWC permit for the project.
APPROVED AND SO DECLARED
Beth E. Ribe
RESULT:
MOVER:
Dan Pealer
SECONDER:
4
1
DeBrodt Maugle Pealer Ribe
Thompson
AYE
EXCUSED
Discussion and possible action on legal jurisdiction for PCZ Application #24-2RESUB - 96, 98,
and 100 Stoddards Wharf Rd.,Agent: Harry Heller, Esq., Heller, Heller & McCoy -
Applicant/Owner: Avery Brook Homes, LLC, for an 18-Lot Resubdivision/Affordable Housing
Development pursuant to CGS §8-30g.
B.
As in agenda item V.a, Town Attorney Rob Avena addressed the issue of whether or not the
IWWC has jurisdiction over PZC applications. He summarized legal opinions submitted by
Attorney Harry Heller on behalf of Avery Brook Homes, LLC and Attorney Steven Studer on
behalf of Intervenor Groton Utilities. There was discussion between Commissioners and
Attorney Avena regarding various reasons it had jurisdiction over this particular application.
Details of the discussion may be seen on video on the Town website.
Director Burdick stated that staff had not yet completed their respective reviews and were
waiting for further info. She read correspondence between Lisette Stone, CT DPH and Attorney
Heller stating the Applicant has hired an expert to prepare a wastewater renovation analysis
which is forthcoming.
The Commission felt they did not have sufficient information to make a decision and tabled the