741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Planning & Zoning Commission

Meeting Minutes - Draft Minutes

Chairman

Tony Capon

Regular Meeting

Thursday, June 13, 2024

Join Zoom Meeting

6:00 PM

Council Chambers - Hybrid Format

https://us06web.zoom.us/j/83048386913?pwd=d4eqDVZOIbUNsMeb5MNtRPXixbtvQ3.1

Meeting ID: 830 4838 6913

Passcode: 636591

CALL TO ORDER

Chairman Capon called the meeting to order at 6:00 p.m. at the Council Chambers, Town

Hall Annex Building.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL APPOINTMENT OF ALTERNATES

Chairman Tony Capon

Present

Vice Chair Paul Whitescarver

Commissioner Howard Craig

Commissioner Jessica Cobb

Alternate Member Matthew Miello

Commissioner Marcelle Wood

Excused

Alternate Member Beth E. Ribe

Non-voting

In addition, the following were present:

Elizabeth Burdick - Director of Land Use and Planning

Alex Samalot - Zoning Enforcement Official

IV.

PUBLIC COMMENT (NON-AGENDA ITEMS - LIMIT 3 MINS)

Eric Treaster, 10 Huntington Way, Ledyard, CT requested the Zoning Official provide him a

policy for handing of complaints and enforcement actions, including Short Term Rentals.

APPROVAL OF ADDITIONS TO AND/OR CHANGES TO ORDER OF THE AGENDA

None

VI.

OLD BUSINESS

PZ#24-1SITE - 59 Kings Highway (Parcel ID: 92-1160-59), Gales Ferry, CT

-Applicant/Agent, Peter C. Gardner, Attorney, Mark Branse, Halloran & Sage - Owner:

Donco, LLC for a 10-unit Mobile Home Park/Affordable Housing Development in

accordance with CGS §8-30g. (Submitted 03-26-24, Date of Receipt 04-11-24, Tabled to 5/30/24 Spec.

Mtng, Tabled to 6/13/24 Reg. Mtng, DRD 6-14-24)

Chairman Tony Capon recused himself from this application and Vice-Chairman Paul

Whitescarver assumed said role.

Director of Land Use & Planning Liz Burdick summarized her staff report.

Attorney Mark Branse of Halloran & Sage, 225 Asylum Street, Hartford, CT addressed the

Commission on behalf of the Applicant stating that a revised plan to address staff comments

was submitted to the Land Use Office, as well as revisions to the Affordability Plan and Park

Lease. Director Burdick detailed the revisions that addressed her comments.

Peter Gardner, LS, of Dieter & Gardner of 1641 Rt 12, Gales Ferry, CT reviewed individual

details sheet by sheet of the updated plans and gave an overview of the application at its

current submission including: a drainage easement, detention basin flagged by a soil

scientist, percolation data, utilities (public water, underground electric utilities, and onsite

septic). He stated LLHD approval of the plan, that the units have 2 parking spaces per unit,

that driveways & parking areas are gravel paved aprons located with considerations to sight

lines.

Director Burdick addressed prior concerns of the Commission about backing out of the

driveways stating that the plan has been revised so no vehicle has to back out onto Kings

Highway.

Mr. Gardner stated all work for the application is outside the regulated Inland Wetlands and

Water Course Commission (IWWC) Upland Review Area (URA) and opened the floor to

address comments on the paved aprons (being less than 3% grade), and a question from

Alternate Commissioner Beth Ribe about fire hydrants (no hydrants).

Director Burdick elaborated on the issue of fire hydrants including a Gales Ferry Fire

Department letter dated April 11, 2024 that was part of the record. According to the letter,

there are 2 hydrants (one at 39 Kings Highway and one at the intersection of Christy Hill

Road and Route 12). Hydrants are annually maintained and there is a Fire Truck with a

3,000-gallon capacity that is accessible to this area. The Fire Department did not identify any

access issues and can perform alternative fire fighting tactics if necessary. Ms. Burdick

addressed other components of her staff report including garbage pickup, deed

restrictions/affordability plan (to be referred to lawyer for comment), maintenance of

overhead wires (no easement but wires have been there for some time and according to the

applicant typical cherry picker equipment would access from road similar to other residential

areas).

Mr. Gardner and Commissioner Jessica Cobb discussed how long the electric lines have

been onsite and maintenance of vegetation.

Director Burdick discussed changes to the Affordability Plan including that affordable units

may not be removed from the site, only sold to qualified buyers on site. The deed is

described as a document of conveyance (change in language on affordability plan) and sheds,

septic systems, and stormwater infiltration systems will be maintained by the park owner

(excluding internal plumbing and laterals to units). Japanese Knotweed in the drainage basin

is not to be disturbed by the applicant. The Town of Ledyard has been mowing as part of

maintenance of the basin prior to this application (it serves as drainage to the nearby Senior

Housing development). The Town of Ledyard will continue to mow as necessary. The

applicant would need a permit for any new work in the basin or the regulated area around the

basin. Furthermore, an $8,400.00 bond for soil and erosion controls was referred to the town

engineer, reviewed and approved. Additional items that were addressed include plan

revisions for clarity and the final plans being signed by the appropriate licensed

professionals. Ms. Burdick commented on a lot size discrepancy and the applicant agreed to

file the current survey on the land records so that when done the Ledyard Assessor could

change her records. Recreation areas have been updated to be a passive area with picnic

tables with a short gravel & stone dust surface path, parking spaces have been delineated, a

location for trash containers and lighting details are included in the new plans. Soil Erosion

and Sediment Control Narrative has been updated to show compliance with the State of CT

Guidelines Revised to March 30, 2024.

Attorney Branse stated the Applicant accepted recommended conditions from the staff report

(see Burdick staff report dated for full list of conditions).

Town Land Use Attorney Rob Avena, of Suisman & Shapiro discussed 8-30g rules and

stated he agrees with Director Burdick’s recommended conditions of approval and

Affordability Plan revisions to the March revision dated June 2024.

Dir. Burdick discussed suggested conditions of approval detailed in her staff report dated

5/29/24.

Commissioner Howard Craig asked if someone could challenge the restriction that the

affordable manufactured homes cannot be moved from the site and his concern with the

owner disagreeing. Burdick stated that since the condition is part of the Affordability Plan

that anyone buying an affordable home in the development would have to abide by the

restriction and could not move the home off-site. Attonery Branse stated the applicant is

consenting to the condition, but it is uncommon for homes to be removed from the Park and

Attonery Avena concurred. Attonery Branse states if a home is removed, the spot it is still

restricted. Director Burdick commented that the Affordability plan has to be filed on land

records prior to the start of work.

Commissioner Craig raised question of speed bumps installation on King Highway & Dir.

Burdick stated the construction of speed bumps on Town Roads is at the discretion of the

local traffic authority, similar to any other part of the town.

Upon MOTION by Vice Chair Paul Whitescarver, seconded by Howard Craig, Vice Chair

Paul Whitescarver motioned to APPROVE the above-referenced Application #24-1SITE at

59 Kings Highway, Gales Ferry, CT in accordance with the application, supporting

documents and a plan entitled “Plan Showing Mobile Manufactured Home Park

Development/Affordable Housing Development per C.G.S. §8-30g, Applicant/Owner,

Donco, LLC, 59 Kings Highway and Christy Hill Road, Ledyard, CT, Prepared by Dieter &

Gardner, Dated March 2024, Revised to June 10, 2024 with the following conditions:

1. The final Affordability Plan shall be approved by the Town Attorney and shall be filed

on the land records prior to the issuance of any zoning permit to start work.

2. The following shall be included in the Affordability Plan and/or Model Lease as

appropriate:

a. The affordable units shall be sold proportionate to the market rate units (roughly 3 to 1).

No more than 3 market rate units shall be sold until at least one affordable unit is sold, then

no more than 3 more market units. A second unit designed at 60% of median income shall

not be the last affordable unit sold and shall be part of the first or second group of markets.

b. The affordable units may not be removed from the property but must be sold “in place”

to a qualified purchaser at the restricted price.

c. The sheds will be provided by and maintained by the park owner, and that they will be

either on the lease site or adjacent to it.

d. The septic systems, stormwater management systems, and common water lines shall be

maintained by the park owner. Note: “common water lines” to exclude individual laterals or

internal plumbing which might be disturbed when units are replaced by the unit owner).

Any designated affordable housing unit removed from the site shall be replaced

by a unit that complies with the Affordability Plan.

3. Any changes to the Affordability plan shall be submitted in writing to the Ledyard

Zoning Official, Director of Land Use & Planning and/or Town Attorney for

review/approval.

4. Final design and location of mailboxes shall conform to the requirements of the U.S.

Postal Service.

5. Utility connections will be underground and in compliance with the requirements of the

providers.

6. Foundation covering (skirting) shall be the same design, materials and colors for all

homes.

7. Stormwater infiltration system shall be maintained in accordance with the maintenance

schedule shown on the approved plan.

8. Permits for individual homes shall be reviewed & approved by LLHD and Ledyard

Building Official.

9. Prior to issuance of a zoning permit to start work, a soil erosion & sediment control bond

shall be posted by the Applicant in the amount of $8,400 in a form acceptable to the Town of

Ledyard Treasurer.

10.

Final revised plan sets, along with a digital copy of the final plan, shall be submitted

to the Land Use Dept. & shall be signed and sealed with original signatures by P.E., L.S. &

C.S.S. as required prior to the issuance of a zoning permit to start work.

11.

12.

An approved Zoning Permit is required prior to the start of any work.

The Zoning Official must be contacted and a pre-construction meeting shall be held

at least one week prior to the start of any work.

13. Soil Erosion and Sediment Controls shall be installed in accordance with the

approved plans and inspected by the Zoning Officer prior to the start of any work.

14. After work has commenced, any substantive changes to the approved site plan require

review and approval by the Land Use Director and/or the Planning & Zoning Commission.

15. A final As-Built plan showing all site improvements per the approved plan, including

finished grades, shall be submitted to the Zoning Official for review and approval prior to

issuance of a certificate of zoning compliance.

APPROVED AND SO DECLARED

Paul Whitescarver

RESULT:

MOVER:

Howard Craig

SECONDER:

Whitescarver, Craig, Cobb, and Miello

AYE:

Wood

Capon

EXCUSED:

RECUSED:

VII. PRE APPLICATION OR WORKSHOP

None.

VIII. PUBLIC HEARINGS/APPLICATIONS

Public Hearing: PZ#24-2RESUB - 96, 98, and 100 Stoddards Wharf Rd., Ledyard, CT

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. (Submitted 3/28/24, Date of Receipt 4/11/24, PH set for 5/9/24, PH Opening Postponed to 5/30/24,

PH Opened 5/30/24, PH Cont. to 6/13/24, PH must close by July 3, 2024, DRD 65 days from Close PH ).

Chairman Tony Capon opened the hearing.

Director Burdick read into the record a letter from Attorney Harry Heller on behalf of the

Applicant dated 6/11/24 requesting the public hearing for this application be continued to

the July 11, 2024 regular meeting and granted the Commission a 35-day extension of time to

do so. She stated that she advised Attorney Steven Studer for the Intervenor Groton Utilities

of same.

Chairman Capon accepted the extension of time on behalf of the Commission and continued

the hearing to the Commission’s regularly meeting on Thursday July 11, 2024 at 6pm in the

Town Hall Annex and on zoom.

CONTINUE

RESULT:

Discussion & Decision: PZ#24-2RESUB - 96, 98, and 100 Stoddards Wharf Rd., Ledyard,

CT 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. (Submitted 3/28/24, Date of Receipt 4/11/24, DRD 65 days from Close PH ).

Discussion and Decision to be held after the close of the hearing.

NO ACTION

RESULT:

IX.

NEW BUSINESS

PZ#24-5SITE & PZ#24-6COASTALSITE - 1761 Connecticut Route 12 (Parcel ID:

61-2120-1761), Gales Ferry, CT - Agent, Harry Heller, Esq., Heller, Heller & McCoy -

Applicant/Owner, Gales Ferry Intermodal, LLC for site plan modification and coastal site

plan modification approval for relocation of 6,000SF building preciously approved under

Applications PZ#23-4SUP and PZ#23-5CAM. (Submitted 5/7/24, Date of Receipt 5/9/24, DRD

7/12/24).

Chairman Capon stated for the record that a site plan modification does not require a public

hearing and there is no opportunity for public comment.

Director Burdick summarized her staff report. She stated that the application is for

modification of the site plan/coastal site plan to relocate a 6000SF building previously

approved by the Commission under Application #23-4SUP & 23-5CAM on

August 10, 2023. She stated that this request did not require another separate special use

permit because the use remains the same with the relocation. For this reason only a

modification is required.

Director Burdick stated for the record that statutory requirement to notify the Town of

Montville within 7 days of receipt of the application was inadvertently missed and therefore

the notice sent on 6/7/24 was defective. The Montville Town Clerk & Director of Land Use

& Development acknowledged receipt of the referral by email on 6/10/24 but did not

acknowledge official receipt of the Notice until such time as it was received via certified

mail.

Director Burdick stated she referred the application to Eimy Quispe of DEEP Land and

Water Resource Division who provided a reqponse dated 6/13/24 that stated in relevant part

“ Thank you for your email and sending over the above noted referral to our office. Please

note that at this time, we don’t have significant concerns with the subject proposal based on a

very cursory review of the proposed modification. If the record remains open into next

month we can do a more in depth review and provide comments then.”

Director Burdick summarized a letter received from Steve Masalin dated 6/13/24 regarding

the application that stated in relevant part, “I am in receipt of the demonstration drawing of

the revised location of the 6,000 sq ft building associated with the subject application and the

related Stormwater Management Report dated April 25, 2024. I understand that there are

only minor changes associated with the move of this building from a drainage standpoint,

including an increase of about 700 sq ft of impervious surface and some additional

stormwater drainage infrastructure related to the work that accommodates the relocation. I

have been able to give the stormwater features of this application a cursory review and have

found no real change in my findings from the previously approved plans. The stormwater

report demonstrates retention of not only the water quality volume, but the full volume of

runoff up to the 100-year storm event. Furthermore, the proposed stormwater management

measures also reduced post-development peak flows for all analyzed storm events though

again, the 100 year volume. As such, I don’t have any significant concerns with the subject

proposal based on this review of the proposed modification. I can provide additional

comments if noted based on a more thorough review, if the record remains open.”

Attonery Harry Heller, of Heller, Heller & McCoy of 736 Route 32 Uncasville, CT addressed

the Commission representing the applicant, Gales ferry Intermodal, LLC. He stated the

application that is before the Commission is an application for a modification of a site plan

and coastal site plan reviewed and approved by the Commission in the summer of 2023 with

final decision in August 2023.

Attonery Heller noted that the relocation request not only is cost saving to the applicant but

also satisfies the concerns that residents made during public hearings in the summer of 2023

to locate the building in the current proposed location. Attorney Heller shared specifics

regarding the special use application that was approved in 2023. In 2023 the Commission

approved the additional marine contracting repair aspect to be accomplished in two buildings

in the 6,000 sq ft building and the 10,000 sq ft building together with the associated lay

down area. Attorney Heller stated that use has not changed. What is proposed in this

application is the relocation of the 6,000 sq ft building. The proposed relocation of this

building is much closer to Route 12. Attonery Heller referenced the new proposed location

on the map displayed. Attonery Heller noted that the new building location results in about

700 sq ft of additional impervious area. Attonery discussed access to the property. Attonery

Heller referenced public hearings held in the summer of 2023 in which residents expressed a

desire to have the building relocated to this proposed location.

George Andrews, P.E., of Loureiro Engineering, LLC addressed the Commission in regard to

the storm water management protocol and changes related to the proposed relocation. Mr.

Andrews noted that all the drainage on the site remains the same as the original 2023

application except that which is related to the 6,000 square foot building. Mr. Andrews

illustrated the change in drainage on the map displayed. Mr. Andrews shared drainage plans

related to potential storm events. Mr. Andrews shared a high-level summary of the storm

water management plan that’s included in the storm water management report submitted by

Lourier Engineering.

Attonery Heller asked Mr. Andrews to discuss volume to the Commission stating that what’s

being done here is not typical on a site.

Mr. Andrews noted to the Commission that the total volume of runoff from Route 12

discharges down into a kettle that we’re using for infiltration. Now we’re adding the newly

paved area with the 6,000 sq ft to the same kettle instead of having it discharged to a lower

portion of the sight per the original approved permit. The total volume of runoff from the site

has been reduced with this change.

Attonery Heller addressed the jurisdictional issue with respect to the notice to the Town of

Montville. Attonery Heller stated that in the planner’s staff report you saw that the notice of

Town of Montville was not provided by certified mail within the statutory time frame.

Attorney Heller stated it was a somewhat uncalled for response from Montville that they

would only respond to a notice that was only sent by certified Mail. Attonery Heller

explained that there are two types of notice under Connecticut law, the first type is called

Constructive Notice which is required to be published in the newspaper twice with respect to

any application being considered by the Commission. That constructive notice confers

subject matter jurisdiction on the Commission to entertain an application. Attonery Heller

also stated that noncompliance with the with the Constructive Notice requirements, the law

says you do not have jurisdiction to entertain and act on the application. Attonery Heller then

stated that there is a second kind of notice called Personal Notice that takes several different

forms. Attonery Heller stated that there is a notice requirement in section 87F of the

Connecticut General Statues to adjoining municipalities. Attonery Heller stated that the

notice which was given to Montville did not comply with the language of the statue.

However he continued, this matter was considered in the same circumstances in the case of

Lauer vs Zoning Commission of the Town of Redding.

Attonery Heller stated that with the clear conclusion that there can be no possible impact on

the town of Montville or its residents from this application as it is moving the building

further away from it, the applicant is willing to take the risk that the Town of Montville

appeals and requested the Commission move forward with the proceeding.

Attorney Heller stated with respect to the coastal site plan application the Coastal

Management area is 1,000 ft from the main high tide line of tidal waters so anything within

foot strip, in this case the Thames River, is within the CAM zone and requires CAM review

and that DEEP LWRD has performed their review.

Attonery Heller stated that this application does not impact outlined coastal resources.

Attonery Heller stated that in the narrative we submitted with the application we are

proposing no mitigation measures because we have not identified any adverse impacts to

coastal resources. The Coastal Management Act is to encourage water dependent uses within

the coastal zone including the shore lands within the coastal management area. The facility

which is proposed would be accommodated in the 6,000 sq ft and the 10,000 sq ft building

as well as the laydown area are all related activities associated with our client’s marine

contracting and dredging business. The use that is proposed is a marine dependent use and

satisfies the goals outlines in the Coastal Management Act.

Attorney Heller stated that the application is compliant with your zoning requirements as

well as being engineered with best practices in terms of drainage and should be approved by

the Commission.

Attorney Avena agreed with given interpretations and statements from Attorney Heller

regarding Notice.

Director Burdick stated the proposed modification is a minor change in the characteristics of

the site plan previously approved with conditions by the PZC on August 10, 2024 for

Applications PZ#23-4SUP and PZ#23-5CAM that was thoroughly vetted by staff at that time

and recommended conditions for any favorable approval as follows:

1. All conditions of the 8/10/24 approval of Applications PZ#23-4SUP and PZ#23-5CAM

listed in the Notice of Decision to the Applicant, Gales Ferry Intermodal, LLC, dated August

14, 2023 shall be conditions of approval for Application #24-5SITE & 24-CAM for site plan

modification for relocation of a previously approved 6,000SF building.

2. Prior to issuance of a zoning permit to start work, a Soil Erosion & Sediment Control

Bond shall be submitted in a form acceptable to the Town of Ledyard Treasurer in the

respective amounts of $103,312 6000SF building and $196,870 10,000SF building.

Attonery Heller stated that the applicant agrees to the proposed conditions of approval.

MOTION, by Chairman Capon to APPROVE PZ#24-5SITE & PZ#24-6COASTALSITE -

1761 Connecticut Route 12 (Parcel ID: 61-2120-1761), Gales Ferry, CT - Agent, Harry

Heller, Esq., Heller, Heller & McCoy - Applicant/Owner, Gales Ferry Intermodal, LLC for

site plan modification and coastal site plan modification approval for relocation of 6,000SF

building preciously approved under Applications PZ#23-4SUP and PZ#23-5CAM with the

following conditions PZ#23-4SUP and PZ#23-5CAM with the following conditions:

1. All conditions of the 8/10/24 approval of Applications PZ#23-4SUP and PZ#23-5CAM

listed in the Notice of Decision to the Applicant, Gales Ferry Intermodal, LLC, dated August

14, 2023 shall be conditions of approval for Application #24-5SITE & 24-CAM for site plan

modification for relocation of a previously approved 6,000SF building.

2. Prior to issuance of a zoning permit to start work, a Soil Erosion & Sediment Control

Bond shall be submitted in a form acceptable to the Town of Ledyard Treasurer in the

respective amounts of $103,312 6000SF building and $196,870 10,000SF building.

APPROVED AND SO DECLARED

Tony Capon

RESULT:

MOVER:

Howard Craig

SECONDER:

Capon, Whitescarver, Craig, Cobb, and Miello

Wood

AYE:

EXCUSED:

PZ#24-7ZRA - Applicant, Eric Treaster for proposed amendments to various sections

of the Ledyard Zoning Regulations, inc. Table of Contents, Section 2.2 (Definitions), Pg

5-3 (Uses Res Districts), Pg. 6-7 (Uses Non-Res Districts), Pg 8-14, Sec 8.16 (Excavation),

Pg. 5-1 Sec. 5.2 (Dim Reqs. Res Zones), Pg 5-2, Sec. 5.3 (Uses Res Districts), Pg 6-2 Table

6.2.1 General Guidelines: All Development, Cluster & Transition Districts), Pg 6-4 Sec. 6.4

(Permitted/Special Permits Uses Non-Res Zones), Pg. 8-25, Sec. 8.28 (Residence,

Multi-Family), Pg 8-26, Sec 8.28.E (Off-Street Parking), Pg 8-26, Sec. 8.28.F (Max Bldng.

Height Multi-Fam), Page ii Table of Content (Reserved) & Sec8.3 (Reserved) to add

“Affordable Housing Developments (R.I.G.L. §8-30g Applications).” (Submitted 6/5/24, Date of

Receipt 6/13/24, PH must open by 8/17/24).

Without objection this agenda item is postponed to the PZC regular meeting to be held July

11, 2024 at 6:00pm in the Town Hall Council Chambers and via zoom.

POSTPONED

RESULT:

APPROVAL OF MINUTES

A. Draft Regular Meeting Minutes - May 9, 2024

B. Draft Special Meeting Minutes - May 30, 2024

Chairman Capon stated without objection the regular meeting minutes May 9, 2024 are

approved.

Chairman Capon without objection the special meeting minutes of May 30, 2024 are

approved.

XI.

CORRESPONDENCE

None.

XII. REPORTS

Staff Reports

Director Burdick stated she has been busy reviewing applications.

Alex Samalot summarized the staff report submitted with the agenda.

XIII. ADJOURNMENT

Without objection the meeting adjourned at 7:45pm.

Respectively Submitted,

_______________________________

Chairman Capon

Planning and Zoning Commission

DISCLAIMER: Although we try to be timely and accurate these are not official records of the

Town.