741 Colonel Ledyard Highway  
Ledyard, Connecticut 06339  
TOWN OF LEDYARD  
Planning & Zoning Commission  
Meeting Minutes - Final  
Chairman  
Tony Capon  
Special Meeting  
Thursday, September 12, 2024  
6:00 PM  
Ledyard Middle School: 1860 CT-12,  
Gales Ferry, CT, 06339 - Hybrid  
Format  
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CALL TO ORDER  
I.  
II.  
III.  
PLEDGE OF ALLEGIANCE  
ROLL CALL AND APPOINTMENT OF ALTERNATES  
Chairman Tony Capon  
Present  
Commissioner Howard Craig  
Commissioner Jessica Cobb  
Alternate Member Matthew Miello  
Alternate Member Beth E. Ribe  
Commissioner Marcelle Wood  
Vice Chair Paul Whitescarver  
Excused  
In addition, the following were present:  
Director of Land Use and Planning, Elizabeth Burdick  
Town Attorney, Robert Avena  
Alternate Town Attorney, Matthew Willis  
Zoning Enforcement Officer, Alex Samalot  
Land Use Assistant, Anna Wynn  
IV.  
APPROVAL OF ADDITIONS TO AND/OR CHANGES TO THE ORDER OF THE  
AGENDA  
Chairman Capon stated that without objection the agenda is approved and all attachments  
and exhibits contained therein are incorporated into the record.  
V.  
CITIZENS COMMENTS (NON-AGENDA ITEMS ONLY)  
None.  
PRE-APPLICATION OR WORKSHOP  
None  
VII. PUBLIC HEARINGS/APPLICATIONS:  
VI.  
A.  
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, PH Set for 8/8/24, PH must close by 9/11/24, DRD 65-days from  
close PH, Request to continue hearing to 9/12/24 with extension of time granted by Applicant ).  
Chairman Capon reopened the public hearing.  
Director Burdick read into the record exhibit #23.  
Chairman Capon and Eric Treaster clarified the voting members of the meeting and opened  
the hearing to public comment.  
Attorney Harry Heller, of Heller, Heller & McCoy, 736 Norwich-New London Turnpike,  
Uncasville, representative of Gales Ferry Intermodal stated concerns about proposed text  
amendments in regards to earth excavation and the elimination of rock excavation and  
process. He summarized statements made in his memorandum listed as exhibit #22.  
Michelle Kushman, 1742 Pheasant Run, Gales Ferry, stated concerns about application  
PZ#24-8SUP-9CAM.  
Chairman Capon and Michelle Kushman clarified which application she was speaking to.  
Mike Cherry, 5 Whippoorwill Drive, Gales Ferry, stated concerns with proposed regulation  
amendments.  
Deborah Edwards, 30 Bluff Rd W, Gales Ferry, stated her support for the proposed  
regulation amendments.  
Eleanor Murray, 26 Devonshire, Gales Ferry, stated her support for the proposed regulation  
amendments.  
Scott McGregor 22 Winthrop Rd, Gales Ferry, stated his support for the proposed regulation  
amendments.  
Commissioner Ribe asked Eric Treaster to clarify specific vocabulary and language used in  
his proposed regulation amendments.  
Commissioner Cobb and Eric Treaster discussed past attempts to incorporate amendments  
into the Ledyard Zoning Regulations.  
Ledyard Town staff and the Commission clarified the different options for approvals and  
denials for pending applications.  
Attorney Brian Smith of Robinson & Cole, 1 State Street, Hartford CT, representative of  
C.R. Klewin who is owner of 19, 29 & 39 Military Highway in Gales Ferry, summarized his  
statements made in his memorandum listed as exhibit #21.  
Dave Harned, former resident of 13 River Drive, Gales Ferry, stated his support for the  
proposed regulation amendments.  
Chairman Capon and Eric Treaster discussed various sections of the proposed regulations  
amendments.  
Michael D’Amato principal of Tyche Planning & Policy Group, 215 East Main St, Vernon  
CT, consulting planner for the Town of Ledyard, summarized statements in his staff report  
marked as exhibited #20.  
Attorney Robert Avena of Suisman and Shapiro, representative of the Town of Ledyard,  
asked Michael D’Amato to clarify various points in his report.  
Chairman Capon clarified what the Commission is allowed and not allowed to do when  
approving or denying applications. He stated that the Commission cannot make substantive  
changes to a regulation amendment application.  
Attorney Harry Heller, Heller Heller & McCoy, 736 Norwich-New London Turnpike,  
Uncasville, representative of Gales Ferry Intermodal, stated his concerns about the perceived  
stability of the Ledyard Zoning Regulations by potential developers and property owners.  
Bruce Edwards, 30 Bluff Rd W, Gales Ferry, stated his support for the proposed regulation  
amendments.  
Scott McGregor, 22 Winthrop Rd, Gales Ferry, asked Attorney Smith to clarify the details of  
a survey that was mentioned earlier in the meeting.  
Attorney Brian Smith stated that the survey was taken directly from the Ledyard’s own  
Affordable Housing Plan.  
Director Burdick read part of Exhibit #21 into the record that lists data from the survey.  
Chairman Capon spoke about the details of the named survey and discussed validly.  
Mike Cherry, 5 Whippoorwill Drive, Gales Ferry, stated that the details of the survey are  
located on page 21 in the first paragraph of the Ledyard Affordable Housing Plan.  
Angela Cassidy, 62 Hurlbutt R, Gales ferry, stated support of the community and  
Commission working together to create regulations.  
Scott McGregor, 22 Winthrop Rd, Gales Ferry, stated that the sampling size of the survey is  
calculated to be .003% of the population of the Town of Ledyard.  
Carolo Porazzi, 30 Chapman Lane, Gales Ferry, stated his support of the proposed  
regulations amendments.  
Eleanor Murray, 26 Devonshire Drive, Gales ferry, stated her concerns with various topics  
that had been discussed in the meeting.  
Kevin Blacker, 11 Church Street, Noank, stated his concerns with the proposed zoning  
regulations.  
Dave Shroeder, 290 Whalehead Rd, Gales Ferry, stated his support of the proposed  
regulations amendments.  
Eric Treaster read into the record his Concluding transcript marked as exhibit #24.  
Chairman Capon stated that without objection the public hearing is closed at 8:50pm with  
discussion and decision scheduled for this application at the PZC Special Meeting of  
Thursday, October 10, 2024 at 6:00pm at the Ledyard Middle School Auditorium and on  
Zoom.  
CONTINUE  
RESULT:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
AYE:  
EXCUSED:  
B.  
Discussion & Decision: 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 Set for 8/8/24, PH must close by  
9/11/24, DRD 65-days from close PH, Request to continue hearing to 9/12/24 with extension of time granted  
by Applicant)  
NO ACTION  
RESULT:  
C.  
PZ#24-8SUP & PZ#24-9CAM - 1737 and 1761 Connecticut Route 12 (Parcel IDs:  
76-2120-1737 &61-2120-1761), Gales Ferry, CT - Agent, Harry Heller, Esq.,Heller, Heller  
& McCoy - Applicant/Owner, Gales Ferry, Intermodal, LLC for a Special Use Permit (SUP)  
and Coastal Area Management Review to modify an existing SUP/Coastal Site Plan for  
Mixed-Use (Commerical/Industrial) Development for addition of Excavation Operation,  
Major. COMMISSION DISCUSSION & ASSESMENT OF PROJECT REVIEW FEES.  
10 MINUTE RECESS  
Chairman Capon opened the public hearing. He stated that Commissioner Whitescarver and  
Attorney Rob Avena have recused themselves from this application. He stated that Attorney  
Avena’s place will be taken by Alternate Attorney Matt Willis.  
Attorney Willis of Holloran & Sage, Hartford, CT, stated that he had reviewed the two  
verified notices of intervention and he has found them to be acceptable and should be  
considered as intervenors.  
Attorney Harry Heller, Heller, Heller & McCoy, 736 Norwich-New London Turnpike,  
Uncasville, representative of Gales Ferry Intermodal, stated that he agrees that the two  
verified notice of intervenors should be considered valid. He stated that Gales Ferry  
Internodal objects to granting the Gales Ferry Fire District intervention status on application  
PZ#24-8SUP-9CAM and stated specific reasons why the Gales Ferry District does not  
maintain the legal capacity to intervene. He provided documentation to staff.  
Director Burdick stated for the record that the document will be marked as exhibit #72.  
Attorney Wilson Caroll of Cohen & Wolf, 1115 Broad St, Bridgeport, CT, representative of  
the Gales Ferry Fire District and Lee Ann Berry as intervenors on PZ#24-8SUP-9CAM,  
stated arguments on why the district has rights to intervene.  
Chairman Capon stated that without objection the Planning and Zoning Commission will  
accept both parties as interveners.  
Director Burdick read into the record exhibit #68.  
Chairman Capon outlined the structure of the public hearing.  
Attorney Harry Heller, Heller, Heller & McCoy, 736 Norwich-New London Turnpike,  
Uncasville, representative of Gales Ferry Intermodal, addressed regulatory issues that were  
raised by the intervenor, Gales Ferry Fire District.  
He handed a document to town staff and described it for the Commission. Attorney Heller  
read the document into the record.  
Director Burdick stated that for the record the document is marked exhibit #73.  
Attorney Heller introduced the application, and the various experts present to speak about the  
application. He presented the history of the application as well as the Commissions  
requirements while deciding on the application. He read from the applicant’s presentation  
which is marked as exhibit #77.  
He handed a document to staff which was marked as exhibit #74.  
Attorney Heller referenced the Ledyard POCD.  
Jeffery Slade of Adirondack Geologic Services, 2 Aviation Rd, Albany, New York,  
representative of the applicant, introduced himself and gave his presentation.  
Commissioner Howard Craig asked for clarification about the numbers located on slide 16 of  
the presentation.  
Attorney Wilson Caroll, representative of the Gales Ferry Fire District and Lee Ann Berry,  
asked Jeff Slade asked about the rock composition of the finished grade and the water  
permeability of the bedrock.  
Commissioner Ribe asked for clarification about the graph located on slide 13. Jeffery Slade  
described the graph.  
George Andrews of Loureiro Engineering Associates, principal Engineer, professional  
engineer and licensed environmental professional spoke about technicalities related to the  
test pits. He spoke about other technicalities related to the graph.  
Jeffery Slade spoke more in depth about the thickness related to the graph.  
Commissioner Ribe asked if any other their findings led them to believe there needed to be  
further review.  
Jeffery Slade stated that all his suggestions have already been incorporated.  
Jeffery Slade spoke about access to drill holes and reasoning for placement.  
Jeffery Slade submitted samples of rock as exhibits.  
Director Burdick marked the rock samples as exhibits #75 and #76.  
Ken Kaliski, Principal Engineer of RSG, introduced himself and gave a summary of the his  
work on the application.  
Commissioner Ribe, Attorney Heller and Ken Kaliski clarified noise measurements  
generated from the site.  
Commissioner Cobb and Attorney Heller clarified which adjacent residential properties  
Gales Ferry Intermodal had purchased.  
Chairman Capon asked how high the sound walls are.  
Ken Kaliski answered 12 feet.  
Attorney Caroll and Ken Kaliski clarified the numbers from the sound model.  
Attorney Caroll and Ken Kaliski clarified the maximum noise creation from the site.  
Jeffery Slade Slade of Adirondack Geologic Services, 2 Aviation Rd, Albany, New York and  
Commissioner Miello clarified details of the graphs on the presentation. The discussed core  
samples.  
Commissioner Cobb and Attorney Heller clarified which adjacent residential addressed were  
purchased by Gales Ferry Intermodal.  
Chairman Capon stated that without objection the public hearing is continued to the PZC  
Special Meeting of September 26, 2024 at 6:00pm and the Ledyard Middle School  
Auditorium and on Zoom.  
CONTINUE  
RESULT:  
AYE:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
EXCUSED:  
D.  
Discussion & Decision: PZ#24-8SUP & PZ#24-9CAM - 1737 and 1761 Connecticut  
Route 12 (Parcel IDs: 76-2120-1737 & 61-2120-1761), Gales Ferry, CT - Agent, Harry  
Heller, Esq., Heller, Heller & McCoy - Applicant/Owner, Gales Ferry Intermodal, LLC for  
Special Use Permit/Site Plan Approval and Coastal Site Plan Review to modify an existing  
mixed-use (commercial/industrial) development for the addition of an Excavation Operation,  
Major. (Submitted 07/9/24, Date of Receipt 7/11/24, PH set for 9-12-24, PH must close by  
10-16-24, DRD 65-days from close PH).  
NO ACTION  
VIII. OLD BUSINESS  
RESULT:  
A.  
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, PH originally set for 5/9/24, PH Opening  
Postponed to 5/30/24, PH Opened 5/30/24 (PH must close by 7/3/24), PH Cont. to 6/13/24, PH Cont.to  
7/11/24 with 35-day extension, PH Cont. to 8/8/24. PH Must Close By 8/8/24, DRD 65 days from Close PH).  
Chairman Capon stated that discussion and decision on application PZ#24-2RESUB will be  
tabled until the PZC Special Meeting of October 10, 2024 at 6:00pm at the Ledyard MIddle  
School and on Zoom.  
TABLED  
RESULT:  
AYE:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
EXCUSED:  
IX.  
NEW BUSINESS  
A.  
PZ#24-10SITE & PZ#24-11CAM - 109 Military Highway (Parcel ID: 106-1590-109),  
Gales Ferry, CT - Applicant: Frank C. Borawski, P.E. - Owners: James & Sandra Onorato  
for Site Plan & Coastal Site Plan Approval for Bank Stabilization Project on Mill Cove.  
(Submitted 8/19/24, Date of Receipt 09/12/24, DRD 11/15/24).  
Director Burdick summarized the bank stabilization project  
Chairman Capon stated that without objection the hearing will be tabled to the PZC Special  
Meeting of October 10, 2024 at 6:00pm at the Ledyard Middle School Auditorium and on Zoom.  
TABLED  
RESULT:  
AYE:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
EXCUSED:  
X.  
APPROVAL OF THE MINUTES OF PREVIOUS MEETINGS  
MOTION to approve PZC Regular Meeting Minutes of August 8, 2024  
A.  
Chairman Capon stated that without objection the PZC Regulation Meeting Minutes of  
August 8, 2024 are approved.  
APPROVED AND SO DECLARED  
RESULT:  
AYE:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
EXCUSED:  
MOTION to approve PZC Special Meeting Minutes of August 22, 2024  
B.  
Chairman Capon stated that without objection the PZC Special Meeting Minutes of August  
22, 2024 are approved.  
APPROVED AND SO DECLARED  
RESULT:  
AYE:  
5
2
Capon, Craig, Cobb, Miello, and Ribe  
Wood, and Whitescarver  
EXCUSED:  
XI.  
CORRESPONDENCE  
None.  
XII. REPORTS  
Staff Reports  
A.  
ZEO, Alex Samalot, stated that he is working on transitioning out of his position.  
Director Burdick stated that the department has just hired a new Zoning Enforcement  
Official, Hannah Gineau. She stated that the Ledyard Town Council has approved $75,000  
for the department to use on hiring outside experts to assist in reviewing on going  
applications.  
XIII. ADJOURNMENT  
Chairman Capon stated that without objection the meeting is adjourned at 11:10pm.  
The meeting adjourned at 11:10 p.m.  
VOTE: 5-0 Approved and so declared  
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.