741 Colonel Ledyard Highway  
Ledyard, Connecticut 06339  
TOWN OF LEDYARD  
Planning & Zoning Commission  
Meeting Minutes - Final  
Chairman  
Wood  
Marty  
Special Meeting  
Thursday, January 23, 2025  
6:00 PM  
Ledyard Middle School - 1860 CT-12,  
Gales Ferry, CT 06335 (aka 1854  
CT-12)  
I.  
CALL TO ORDER  
Chairman Wood called the meeting to order at 6:03 p.m. at the Ledyard Middle School and  
on Zoom.  
II.  
PLEDGE OF ALLEGIANCE  
III.  
ROLL CALL AND APPOINTMENT OF ALTERNATES  
Chairman Marcelle Wood  
Present  
Secretary Howard Craig  
Alternate Member Matthew Miello  
Commissioner Beth E. Ribe  
Alternate Member James Harwood  
Vice Chair Paul Whitescarver  
Recused  
In addition, the following were present:  
Director of Land Use & Planning, Elizabeth Burdick  
Land Use Attorney, Matthew Willis  
Zoning Enforcement Official, Hannah Gienau  
Land Use Assistant, Anna Wynn  
Chairman Wood noted for the record that Ms. Rhonda Spaziani has been appointed to the  
Planning & Zoning Commission as an Alternate Member but will not present or participating in  
this evening’s meeting.  
Chairman Wood noted for the record that Alternate Member James Hardwood will be seated for  
Vice Chair Paul Whitescarver who is recused from application PZ#24-8SUP & PZ#24-9CAM.  
IV.  
OLD BUSINESS  
A.  
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 must open by 9/13/24, PH set for 9-12-24, PH must  
close by 10-16-24, PH Cont. to 9/26/24, PH Cont. to 10/10/24, PH Cont. to 10/24/24, PH Cont. to 11/14/24,  
PH Cont. to 11/21/24, PH Cont. 12/5/24, PH Cont. to 12/12/24, PH Cont. to 12/19/24, Cont. to 1/23/25, 65  
Day Ext. Granted, PH must close by 12/20/24, DRD 65-days from close PH). **TABLED TO 1/23/2025  
MEETING**  
Each member of the Commission acknowledged they had been present for or watched the  
video recording for each meeting pertaining to application PZ#24-8SUP & PZ#24-9CAM as  
well as read all related exhibits.  
Attorney Willis stated that at the December 19, 2024 Special Meeting, Attorney Heller of  
Heller, Heller & McCoy, representing the applicant, had entered into the record a number of  
possiblw issues concerning the application. He stated that the issues that were raised at that  
meeting concerned bias, pretermination or conflict of interest that would be personal of in  
the financial capacity. He additionally stated that each Commissioner would need to verify if  
they had partaken in any ex parte conversation concerning the application. Attorney Willis  
asked that each member of the Commission verify if they have any of these ethical issues  
concerning their decision making.  
Each member of the Commission stated that they do not have any of the above-mentioned  
issues and are able to make objective decisions concerning the application.  
Attorney Willis stated that the Commission should start the discussion process by looking at  
all the pertinent zoning regulations for the application. He suggested that specifically the  
Commission start with zoning regulations on Excavation Major. Director Burdick concurred.  
Chairman Wood stated that he thought the Commission would begin with the Zoning  
Regulations related to special permit requirements. Staff and the Commission reviewed and  
read Zoning Regulation 11.3.1,11.3.3, 11.3.4 and 11.3.5.  
Chairman Wood asked is any of the Commissioners had questions or comments on item d of  
Zoning Regulation 11.3.5. They said no.  
Chairman Wood and Attorney Willis clarified if the Commission can condition the  
remediation of capped portion of the property. Attorney Willis responded that the process in  
which capped areas are handled are under the jurisdiction of DEEP.  
Commissioner Ribe and Director Burdick clarified that remediation of the land was  
performed under the ownership of Dow Chemical. She stated that she could gather more  
information about the status of the remediated land for the Commission to review at their  
next meeting.  
Chairman Wood asked why the owner of the property decided that stone removal was more  
cost effective than remediating the contaminated portion of the land.  
Chairman Wood asked that Attorney Willis talk about excavation as a permitted use. Staff  
and the Commission reviewed Zoning Regulation 8.16.d2.  
Commissioner Harwood asked for clarification on the definition of excavation major and  
quarrying. He stated that the difference for him is the blasting required to remove bedrock  
from the site.  
Commissioner Ribe commented that she struggles to understand the processing of the use of  
the granite. She asked if that is the industrial process under the industrial district definition.  
Director Burdick stated that the use chart in the Ledyard Zoning Regulations states that  
excavation is considered a principle use even if there was nothing else on the site with a  
special permit.  
Chairman Wood and Commissioner Ribe discussed the language used to define excavation.  
Chairman Wood commented that he would like to define the length of time behind the word  
temporary.  
Commissioner Ribe and Chairman Wood discussed the meaning of temporary and why the  
applicant would have to come back every three years to renew their permit. Attorney Willis  
commented that Connecticut General Statues require an applicant come back every five years  
to renew a special permit and that the Ledyard Zoning Regulations may not accurately reflect  
the most up to date requirements.  
Commissioner Miello commented that in Zoning Regulation 7.10.a.a , it talks about stone  
crushing and portable sawmills. He asked if because of the language used in this regulation,  
if the applicant would have to come back every six months for renewal. He asked if this  
application a separate permit or if it would be under the special use permit. He stated that  
7.10.1. Chairman Wood and Commissioner Miello discussed the applicability of the  
regulation.  
Director Burdick commented that regulation 7.10 is more geared towards construction to  
build a new single-family home on a subdivision lot. She suggested that the Commission  
read though zoning regulation 8.16 because it may answer sone of their questions about  
processing rock.  
Commissioner Ribe and Director Burdick clarified what kind of blasting is done in smaller  
projects like new single-family homes and discussed the connection between stone crushing  
and excavation.  
The Commission discussed various ideas and understandings on the zoning regulations and  
their applicability towards each other. The Commission discussed their concerns with the  
end goal of the application. Director Burdick restated that under permitted uses excavation is  
defined as a primary use even if there is no other uses on the parcel.  
Commissioner Craig commented that the applicant has a burden to prove that the site will  
have future uses after excavation. Director Burdick stated there are multiple documents in  
the record that may shed some light on that question, and she will obtain them for the  
Commission’s next meeting. The Commissioner continued to discuss some of their concerns  
on this matter.  
Commissioner Ribe and Director Burdick discussed the representations made for future  
developments on the parcel. Director Burdick commented that the uses that would be  
permitted there would be industrial either by right or by special use permit. She stated that in  
fact all uses would be special use permits because the parcel is mixed use zoned.  
Commissioner Harwood commented on the cost effectiveness of excavation verse utilizing  
the remediated land. Commission Ribe commented that it is the right of the applicant to use  
their land. Staff said they would see what information they could gather on the matter.  
Chairman Wood stated that at about 8:15 he would like staff and the Commission to review  
their overall discussion this evening to figure out the best way forward for the next meeting.  
Chairman Wood introduced the topic of vibration related to the application. The  
Commissioners expressed their concerns about potential vibration from excavation leaving  
the property. The discussed how vibration pertains to the Ledyard Zoning Regulations and  
the CT State Statues.  
Commissioner Ribe introduced the topic of traffic related to the application and expressed  
her concerns. Chairman wood commented and also expressed his concerns about traffic  
impacts from the application.  
Chairman Wood introduced the topic of dust and dust mitigation. The Commissioners  
expressed their concerns about dust related to the application. The discussed several  
documents on the record that deal with this matter.  
The Commission discussed their concerns with sound generated from the site. They also  
discussed the impact of blasting on residents with PTSD.  
They discussed their concerns with the procedures of Maine Drilling & Blasting in terms of  
documenting any potential damage to abutting homes.  
The Commissioner discussed their concerns with property values related to the application.  
Staff and the Commission discussed that if this application were to be approved, what would  
the process look like in terms of the town being able to moderate the project and ensure it  
complies with the conditions of approval and zoning regulations. Director Burdick stated that  
for a project this big, the town would probably have to hire an outside expert specifically to  
moderate this project.  
The Commission and staff discussed where town funds would be sourced from to pay for an  
outside expert. Director Burdick stated she would have to do more investigation into how the  
town would afford an outside expert to moderate the project.  
Chairman Wood stated that he would like the Commission to meet weekly to discuss the  
application before its time to make a decision. He requested if possible that the Commission  
meet in the Town Hall Annex instead of the Middle School because it is more comfortable  
and easier for them to discuss. Director Burdick stated that she would see what arrangements  
she could make just in case they exceed capacity for the Annex Council Chambers.  
Chairman Wood stated that he would not want the meetings to go more than two or two and  
a half hours each.  
MOTION to schedule the next PZC Special Meeting to January 30, 2025 in the Town Hall  
Annex contingent upon availability  
RESULT: 5-0 APPROVED AND SO DECLARED  
MOVER: Howard Craig  
SECONDER: James Harwood  
The Commissioner and staff clarified what information will be provided by the next meeting  
for the Commissioner’s to review. The Commission and staff discussed the best way to  
delegate the information of the application into manageable pieces for the Commission to  
review.  
Director Burdick stated that she has already started a memo laying out each phase of the  
application.  
MOTION to table PZ#24-8SUP &PZ#24-9CAM to the PZC Special Meeting of January 30,  
2025 at 6:00pm in the Town Hall Annex and on Zoom  
TABLED  
RESULT:  
Beth E. Ribe  
James Harwood  
MOVER:  
SECONDER:  
5
1
Wood, Craig, Miello, Ribe, and Harwood  
Whitescarver  
AYE:  
RECUSED:  
V.  
ADJOURNMENT  
Commissioner moved the meeting to adjourned, seconded by Commissioner Harwood  
The meeting adjourned at 8:08 p.m.  
VOTE: 5-0 Approved and so declared  
Respectively Submitted,  
_______________________________  
Secretary Howard Craig  
Planning & Zoning Commission  
DISCLAIMER: Although we try to be timely and accurate these are not official records of the  
Town.