741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Planning & Zoning Commission

Meeting Minutes

Chairman

J.A. (Tony) Capon

Thursday, September 8, 2022

7:00 PM

Council Chambers - Hybrid Format

CALL TO ORDER

Chairman Capon called the meeting to order at 7:00 p.m. at the Council Chambers, Town

Hall Annex Building.

Chairman Capon welcomed all to the Hybrid Meeting. He stated for the members of the

Public who were participating via video conference that remote meeting information was

available on the Agenda that was posted on the Town’s Website.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL APPOINTMENT OF ALTERNATES

All members were present.

Staff Juliet Hodge, Planning Director and Town Attorney Tom Fahey

Craig Howard was appointed as a voting member

IV.

CITIZENS PETITIONS (LIMITED TO NON-AGENDA ITEMS)

Commissioner Tom Baudro gave a quick history of the town.

Deborah Edwards asked about property for sale across from the DOW Chemical property.

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

Without objection the agenda was approved and all exhibits/documents received were

incorporated into the record.

VI.

PRE APPLICATION OR WORKSHOP

None

VII. PUBLIC HEARINGS/APPLICATIONS

Application PZ#22-9RA of Robert Barnett, 51 Church Hill Rd., Ledyard, CT for an

amendment to Section 8.28 (Short Term Rentals) of the current Zoning Regulations.

WITHDRAWN BY APPLICANT

Application PZ#9RA was withdrawn by the applicant.

WITHDRAWN

RESULT:

Application PZC#22-15RA of Jancarlo Sarita, 8 Story Rd. Salem MA, 01970 for a proposed

Regulation Amendment to Section 8.28 (Short-term Rentals) of the Ledyard Zoning

Regulations.

Chairman Capon opened the public hearing 7:15. J. Hodge noted the additional letters

received after the agenda was posted.

Chairman Capon asked Attorney Fahey to speak about the newly discovered US Court of

Appeals 5th Circuit Court case on Short-term Rentals that was decided on August 22, 2022.

The Court ruled that the residency requirement violated the Dormant Commerce Clause

because it discriminated against interstate commerce.

Mr. Sarita was present for his application. He shared a power point presentation. He stated

that he felt that the existing STR regulation is punitive for some and not others. He agreed

that rules were needed to control nuisances. He reviewed the proposed additional

requirements including exterior video surveillance; special STR insurance; annual

inspections by fire marshal; inspection by home inspector and put a cap on the number of

STRs.

Chairman Awrach asked about the legality of video surveillance.

Commissioner Wood asked whether the increased number of people in a house used as an

STR would impact the septic system, and asked about how an applicant could prove that the

water was potable.

He spoke about the possibility of limiting the number of STRs in town.

He showed a video of his current surveillance system.

Commissioner St. Vil asked whether there were requirements for annual inspections for fire

alarms or requirements that only licensed professionals be permitted to do repair work like

electrical, rather than allowing the homeowner to do so as is currently permitted.

Chairman Capon asked whether "ability to respond within 2 hours " meant that someone had

to arrive in person within 2 hours. Attorney Fahey discussed regulations requiring a host or

manager to respond.

The following people spoke:

Mike Cherry, 5 Whippoorwill Dr. Gales Ferry. Suggested that the STR use be noted on the

property card. Spoke about the requirement for inspection by the fire marshal and LLHD

approval.

Jim Harwood, 10 Eska Dr. spoke about greater control of nuisance and illegal activity if the

homeowner were present. If the STR is un-hosted, the onerous is on the neighbor to police

the STR and try and control the issues that arise. Videos only show what happened after the

fact. It does nothing to solve the issue when it arises.

Carol Miello, 12 Cardinal Lane. She stated, given the court hearing she suggested that the

Town reconsider even allowing STRs at all. The regulations should not require that the

owner respond within 2 hours, it should require that the problem be resolved. The STR next

to her has ruined her quality of life.

Greg Macina, 9 Cardinal Lane spoke about issues with the STR in his neighborhood with

cars and partying and bizarre behavior. He is worried that the presence of a STR across the

street will impact the ability to sell his house.

Greg Miello, 12 Cardinal Lane spoke about the articles he submitted pertaining to the

impacts of STRs on neighborhoods and urged the Commission to read them. He questioned

the benefit of STRs for Ledyard.

Deborah Edwards, 30 Bluff Rd. West, Gales Ferry echoed all the points of the prior speakers

and pointed to the exhibits 6-9 that were submitted. Feels the Commission should reconsider

allowing STRs at all given the difficulty with enforcement due to a lack of staff/resources.

Pamela Bartlett, 62 Long Pond Rd. Discussed an article on STRs. She believes it should not

be profit over people. She feels there are many in town against STRs who are concerned

about protecting their communities. She submitted her comments and other material for the

record.

Law Ager, 5 Eska Dr. has lived here less than a year. Spoke about the unpermitted STR

across the street. Need to have immediate repercussions for problems that arise. He

personally loves staying in Airbnbs. He spoke about all the surveillance platforms and how

they are impacted by power outages and damage to the modem etc. and reliant on the owner

checking the notifications. Questioned what Ledyard gains from allowing STRs. Ledyard is

not the destination - it is the Casino that benefits.

Ackley Hollister, 54 Long Pond Road. He moved to the town 28 years ago for peace and

quiet. the lake properties are not designed for STR use. There are limits to septic and water

capacity; sound travels; pets are left behind when the guest goes out for the evening. He

submitted his comments for the record.

Eric Treaster, 10 Huntington Way asked the Attorney whether the decision was likely to be

appealed. The response was that the case could get to the Supreme Court if enough interest

was there, but it was hard to tell whether it will be overturned. If so, it would be a long

process. In the meantime, the recent ruling is applicable today and applicable in CT. Mr.

Treaster spoke of crimes committed on STR properties and generally spoke against

non-hosted STRs. He passed out 3 documents which were added to the record and read a

presentation.

Mr. Sarita responded to some of the comments made.

Chairman Capon continued the public hearing at 9:01pm to the regular meeting on

October 13, 2022 at 7pm.

CONTINUE

VIII. OLD BUSINESS

RESULT:

Application PZC#22-15RA of Jancarlo Sarita, 8 Story Rd. Salem MA, 01970 for a proposed

Regulation Amendment to Section 8.28 (Short-term Rentals) of the Ledyard Zoning

Regulations.

There was no discussion as the Public Hearing was continued to October 13, 2022.

CONTINUE

RESULT:

Application PZ#22-7RA of the Ledyard Planning and Zoning Commission, to consider

comprehensive revisions to all sections of the Zoning Regulations.

Chairman Capon opened deliberations on the application. Planning Director Juliet Hodge

went over the major changes to ensure the Commission members understood the impact. She

encouraged the Commission to discuss. Commissioner Wood asked whether areas with

ledge/steep slopes were considered "unbuildable." Mr. Wood wanted that to be considered,

however as it was not brought up during the public hearing. Commission discussed proposed

changes to the height of non-residential buildings; changes to required frontage and setbacks;

Changes to dimensional requirements for Conservation and Open Space subdivisions to

ensure better design in keeping with the purpose of these types of subdivisions. Discussed

the limitation on the number of special interior lots in a subdivision and the number of lots

that can share a driveway. Some commission members were uncomfortable with the 65-ft

height allowance in non-residential zones, but ultimately agreed on the change. Commission

reviewed the uses permitted in non-residential zones, particularly for the Multi-family

Development District. The Commission discussed the changes to the Agricultural section;

the change to allow accessory structures in the front "yard," and the site development

standards.

Chairman Capon asked whether the Commission had any other questions or comments.

There were none.

MOTION to approve Application PZC322-7RA as modified. In adopting these

changes, the Commission finds that the proposed changes are in accordance with a

comprehensive plan, the current Plan of Conservation and Development, and the

provisions of Sec. 8-2 of the Connecticut General Statutes. The new regulations will

have an effective date of September 28, 2022.

Motion passed unanimously.

Chairman Capon thanked Mr. Cherry and Mr. Treaster for all their help and contributions.

APPROVED AND SO DECLARED

Thomas Baudro

RESULT:

MOVER:

Marcelle Wood

SECONDER:

IX.

NEW BUSINESS

Public Hearing to opt out of PA21-29 (CGS 8.2(o))

Without objection, the Public Hearing is scheduled for Oct 13, 2022. Chairman pointed to

the documents submitted by J. Hodge for the Commission to review.

CONTINUE

RESULT:

Application PZ#22-16SUP of Victor O’Laughlen, 10 Cardinal Lane, Gales Ferry, CT 06335,

to allow a Short-term Rental use.

Without objection, the Public hearing was set for the November 10, 2022 meeting.

CONTINUE

RESULT:

Application PZ#22-17RA of the Town of Ledyard Planning and Zoning Commission, 741

Colonel Ledyard Highway, Ledyard, CT 06339 to amend the Zoning Regulations to include

new section 3.6.2 (as amended) to establish a six (6) month Moratorium on any new

Conventional, Open-space and/or Conservation Subdivision with the Town of Ledyard/Gales

Ferry.

Without objection, the Public Hearing was set for 0ct. 13, 2022 meeting.

CONTINUE

RESULT:

Application PZ#22-18SUB of Avery Brook Homes, LLC, 1641 Rte. 12, PO Box 335, Gales

Ferry, CT 06335, for a 36-Lot subdivision/Affordable Housing Development pursuant to

section 8-30g of the Connecticut General Statutes, on four parcels of land located at 94, 96,

98 and100 Stoddards Wharf Rd., Ledyard, CT 06339.

Without objection, the Public Hearing was set for October 13, 2022. J. Hodge stated that she

sent the Application to the Attorney to review.

CONTINUE

RESULT:

123 Whalehead Rd. PZ#22-4RESUB Request for filing Extension

MOTION made and seconded to approve a request by Mark Coen for an extension of

90 days to file the mylars for the re subdivision at 123 Whalehead Rd. Motion passed

unanimously.

APPROVED AND SO DECLARED

Thomas Baudro

RESULT:

MOVER:

J.A. (Tony) Capon

SECONDER:

APPROVAL OF MINUTES

Approval of August 25, 2022 Special Meeting Minutes

MOTION was made and seconded to approve the minutes of the August 25, 2022

meeting minutes. Motion passed unanimously.

APPROVED AND SO DECLARED

Marcelle Wood

RESULT:

MOVER:

Thomas Baudro

SECONDER:

XI.

CORRESPONDENCE

None.

XII. REPORTS

Zoning Official and Planning Director Reports

J. Hodge went over the report she submitted. She urged Commission members to take the

Housing Survey and encourage others to do the same.

XIII. ADJOURNMENT

Without objection the meeting was adjourned at 10:04pm.

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

Town.