741 Colonel Ledyard Highway  
Ledyard, Connecticut 06339  
TOWN OF LEDYARD  
Planning & Zoning Commission  
Meeting Minutes - Final  
Chairman  
Wood  
Marty  
Special Meeting  
Thursday, February 6, 2025  
6:00 PM  
Council Chambers - Hybrid Format  
I.  
CALL TO ORDER  
Chairman Wood called the meeting to order at 6:00 p.m. in the Ledyard Town Hall Annex  
Council Chambers 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  
Land Use Assistant, Anna Wynn  
Chairman Wood stated that Alternate Member James Harwood would be seated for Vice  
Chairman Paul Whitescarver who is recused from application PZ324-8SUP & PZ#24-9CAM.  
He also stated that although Ms. Spaziani is present over zoom, she is abstaining from  
discussion concerning application PZ#24-8SUP & PZ#24-9CAM and only present to listen.  
IV.  
OLD BUSINESS  
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, PH closed 12/19/24,  
Tabled to 1/23/25, Tabled to 1/30/25, DRD 2/21/25).  
Kyle Haubert of CLA Engineers, 317 Main Street, Norwich, CT, reviewed the Civil  
Engineering plans submitted by Loureiro Engineering and clarified several technicalities  
with the Commission.  
Commissioner Harwood asked if the calculations had been done for how much the runoff  
will increase during excavation.  
Kyle Haubert responded that the calculations have been done pre and post development to  
measure the runoff and explained the technicalities. Commissioner Harwood and Mr.  
Haubert discussed run off related to the development. Klye Haubert stated that the E & S  
controls meet the guidelines but are not designed for 100-year storm event.  
Chairman Wood asked if Kyle Haubert could show where the coastal jurisdiction line is  
shown on the Plan Set. Attorney Willis stated that it can be found on Sheet 10. Director  
Burdick commented that it would be anything within 1000 feet of a coastal resource.  
Chairman Wood asked for clarification about the coastal management area. They clarified  
the difference between the coastal area management line and the coastal area jurisdiction line  
on the plan sheets. Director Burdick had the Commission look at Sheet 1 of 13.  
Director Burdick commented that the Ledyard Zoning Regulations address the coastal area  
management which is 1000 feet inward of coastal resources. Chairman Wood asked Kyle  
Haubert if he was familiar with acid rock drain. Kyle Haubert said no.  
Commissioner Ribe asked how these basins would be removed once more development was  
put onto the parcel. Kyle Haubert responded that they could easily be reconfigured however  
needed. Director Burdick commented that in the case of any new development a new storm  
water management plan would need to be submitted.  
Chairman Wood asked if there is a check list the Commission could use to know when Phase  
I is complete. Director Burdick stated that the Zoning Compliance Manual is not a specific  
check list but is detailed enough to show a step-by-step process of each phase. She  
commented that she guesses that the first 2 phases would take about 3 years.  
Commissioner Ribe asked if there was a closure plan. Director Burdick referenced the  
Zoning compliance manual and explained the Zoning Permitting process as it relates to  
applications with several phases of a project.  
Commissioner Miello and Director Burdick clarified that the Commission would be giving a  
Planning & Zoning Commission Review Approval, then they would have to get their  
permitting done with the state, and then when the applicant wanted to begin work, they  
would have to obtain a Zoning Permit and all other necessary permitting with the Land Use  
Department.  
Staff and the Commission discussed the permit renewal process. Commissioner Ribe asked  
what risk the applicant would incur by renewing their permit. Director Burdick stated that if  
an applicant was not maintaining their conditions of approval the Commission does not need  
to renew the permit.  
Chairman Wood clarified that the renewal process is based on the regulations that the permit  
was originally approved with. Director Burdick commented that but if an applicant allows  
their permit to expire, they will have to reapply under current regulations. She commented  
that staff is not responsible for reminding an applicant their permit is expiring.  
Chairman Wood and staff clarified what conditions the applicant would be able to begin  
Phase 2 of the project. They reviewed Sheet C-5 of the Plan Set and discussed various  
factors related to the Plans.  
Chairman Wood stated that the Commission and staff would have to verify that there are not  
more than 10 acers of land being excavated at any point between phases. Staff and the  
Commission clarified that the crushing equipment will be in the phase I area until the entire  
project is complete.  
Chairman Wood asked staff to verify when each phase is completed so the Commission can  
confirm there is no more than 10 acres being processed at any time. Commissioner Harwood  
and Staff clarified that the stone crushing equipment can stay on the phase I area until the  
project is completed as long as they are not using the equipment.  
The Commission discussed the meaning of a phase being complete. Chairman Wood and  
Attorney Willis discussed the Commission making informal findings about the application.  
Commissioner Ribe asked about the well located on the abutting property. Chairman Wood  
stated that the applicant owns that property. They discussed if that property is still being used  
by residents. Attorney Willis stated that it was addressed during the public hearing. Director  
Burdick and Attorney Willis discussed the removal of that residency be a condition of  
approval.  
Staff and the Commission discussed E & S controls.  
Commissioner Miello referenced Sheet C-12 of the plan and asked about filling the work  
area. Chairman Wood asked if Commissioner Craig had any questions regarding excavation  
at this time. He responded no. The Commission said they would move onto the next topic.  
Chairman Wood asked what the other members had to say on property values. Commissioner  
Ribe stated her opinion stands from the last meeting. Commissioner Harwood stated that he  
didn’t hear much of a discussion about property values midway through the project during  
the public hearing. He stated that most discussion was about property values after the project  
is complete. He asked what happens for residents that need to sell their home midway  
through the project and asked if their property values would be impacted.  
Commissioner Miello stated that some of the comparisons used by experts regarding  
property values were not very good due to the density of the towns they compared. He asked  
if there is any disclosure form about the excavation going on near these residents. They  
discussed the disclosure process to potential buyers and sellers. Commissioner Ribe asked  
who is accountable for sharing the pre blast surveys to potential buyers. They discussed the  
staff documents that were given to the Commission the previous meeting.  
The Commission discussed property values and the meaning of temporary in terms of  
decreased property values. They discussed various applicable situations. Chairman Wood  
stated that one of his considerations is enjoyment of property and livability.  
Commissioner Miello asked if it would be possible to get an answer on disclosure of nearby  
blasting. Staff said that they would see what information they could get for the Commission  
at the next meeting.  
Chairman Wood introduced the topic area of fiscal impact. Director Burdick stated that  
Goman & York did their review due to the tipping fee proposed by the applicant. She stated  
that the other reason is because the Ledyard POCD speaks to fiscal impacts. Commissioner  
Harwood clarified that it wouldn’t be until after any future development the Town would be  
collecting taxes. They discussed data provided by the Goman & York Fiscal Impact Study.  
They discussed the concept plan and potential tax revenue.  
Chairman Wood introduced the topic of DEEP Coastal Area Management and wetlands  
related to the application.  
Director Burdick stated in 2023 the IWWC approved the regulated activities which is active  
for 5 years. She stated that the applicant could apply for another 5-year extension if they do  
not begin the work during their first approval period. She stated that because the applicant  
would be destroying the wetlands they are proposing to create new wetlands. She stated that  
Sheet C-7A displays the proposed wetlands creation closer to the Thames River. She  
referenced the data located on that sheet.  
Attorney Willis asked if there is any part of the IWWC approval letter the Commission  
should be aware of. Director Burdick read into the record the approval letter for application  
IWWC#23-3URA dated July 12, 2023. Staff and the Commission confirmed that when the  
application was sent to DEEP the Eimy Quispe referred to her 2023 response. She  
recommended conditions of approval for the application marked as exhibit #63 and #107.  
She read the documents into the record.  
She restated that anything in the water is DEEP’s jurisdiction and anything 1000 feet  
landward is The Commissions jurisdiction with a referral to DEEP.  
Chairman Wood asked who sets the regulations for the spur that would be in the coastal  
jurisdiction. Director Burdick responded she does not know. Chairman Wood asked where  
stones would be loaded into railroad cars. Director Burdick and Chairman Wood discussed  
the location and process of stone being loaded onto the railroad cars.  
Chairman Wood asked where the water goes from the misting process on the conveyor belts.  
Director Burdick stated she would get more information about that for the Commission for  
the next meeting. They discussed if the water would go into the temporary sediment basins.  
They referenced data on Sheet C-13. The Commission decided they would wait until the next  
meeting to discuss that topic so that staff could get them more information.  
Director Burdick read exhibit #325-1 into the record.  
Chairman Wood asked if the other members had a chance to look at the planning staff report  
that was received at the last meeting. Chairman Wood and staff discussed the planning staff  
report.  
Staff asked Commission Craig if he had any questions or comments. He responded he did  
not.  
The Commission decided to speak on Special Use Permit criteria. Director Burdick  
referenced page 13 of the Planning Staff report and read it into the record concerning Special  
Use Permit Criteria. Staff and the Commission discussed Zoning Regulations Section 9.2 on  
page 11. Chairman Wood read 9.2c into the record. The Commission stated that they do not  
think the application applies and stated specific reasons for their argument.  
Chairman asked if the Commission saw dust affecting the public health of the whole  
community besides chapman lane. They discussed effects of blasting on residents with PTSD  
and how they would quantify a public health issue.  
Chairman Wood asked if the Commission could review the hours of blasting proposed in the  
application. Attorney Willis commented that the application proposed 3-4 times a week early  
on in the project and then down to once a week later on. Chairman Wood stated that they  
would review that more in depth at the next meeting.  
Commission Harwood commented on the potential of fly rock affecting passing cars on  
Route 12. He commented on the rerouting traffic to other major roads in town.  
Commissioner Ribe commented that a road closure for blasting would be for a short period  
of time. Director Burdick and Commissioner Ribe clarified the use of fly ash verse fly rock.  
Chairman Wood stated that he sees the dust as a public health issue. Chairman Wood read  
from the Ledyard Zoning Regulations, Section 9.2c Performance Standards. The  
Commission decided that offensive odors does not seem to be an issue with the application.  
The Commission discussed noise as it relates to the application. Commissioner Harwood  
expressed his concern with noise leaving the boundaries of the property. Chairman Wood  
stated that Commission has a concern that item number 3 is fulfilled by the applicant.  
Chairman Wood read item 4. Commission Harwood expressed his concern with vibration  
leaving the boundaries of the property once the blasting is taking place at a lower altitude.  
The Commission discussed their concerns with vibration caused by truck traffic.  
Chairman Wood read the next item, and the Commission concluded that it was not a concern  
with the application. Chairman Wood read the next item. Commissioner Ribe stated that to  
the best of her knowledge the blasting procedures proposed by the applicant is compliant  
with necessary regulations.  
Director Burdick commented that the Commission should go back to page 3 of the Planning  
Staff Report and read 11.3.4, Special Permit Criteria. The Commission stated that the  
application does not fulfill the criteria.  
Director Burdick read item b of 11.3.4 concerning traffic. Commissioner Harwood stated  
that he had asked the experts if they had considered the closure of Route 12 due to blasting  
into their traffic study, and they had responded they had not. He stated that in that regard he  
feels that the criteria is not satisfied. He noted several considerations of traffic rerouting.  
The Commission discussed the impact of weighted trucks slowing traffic flow during rush  
hours. Commissioner Miello stated that his concern is the combination of the lights on route  
12 with the weighted trucks and school bus schedules. Commissioner Harwood commented  
that the Christy Hill light could cause potential issues due to the hill. The Commission  
continued to discuss rerouting traffic in town and other stop lights in town. Chairman Wood  
asked if it was accurate to summarize that after reading the expert traffic reports, that  
although the expert reports state there would be no severe impact from trucks, their personal  
experience tells them there would be and that road closure was not included in the study.  
Chairman Wood asked if the Commission felt that traffic concerns were satisfied.  
Director Burdick read item C of 11.3.4 into the record. Staff and the Commission clarified  
that the permit needs to comply with the zone the application is proposed to use, not  
surrounding zones. Commissioner Harwood expressed his concerns with the use of the land.  
Staff and the Commission clarified that the excavation is a principal in the industrial zone.  
They clarified that the application has two uses, excavation and developing usable land. Staff  
and the Commission continued to discuss the principal uses of the industrial zone. The  
Commission concluded that the application is compliant with item c.  
The Commission discussed if the sound studies that were done included all potential noise  
from the processing and operations. Commissioner Harwood commented that OSHA  
regulations are outside the Commission’s realm of jurisdiction.  
Director Burdick read into the record item d. Commissioner Miello stated that the  
Commission had concluded that the application had not met the requirements of not  
impacting property values but complied with historic conservation regulations. Chairman  
Wood commented that he’s not sure what part of the property is considered a historical site.  
Director Burdick stated that information about that issue is contained in the Archeological  
Assessments marked as exhibit #79-1 and #79-2. The Commission continued to discuss the  
parcel of land that is being donated to the Conservation and authentic preservation.  
Chairman Wood asked for clarification of the use of immediate neighborhood. Director  
Burdick offered that the Commission review item E because it speaks to immediate  
neighborhood Director Burdick read item E read into the record. She stated because the  
Ledyard Zoning Regulations do not define immediate neighborhood so the Commission  
would have to find a universal definition.  
Director Burdick stated that the Commission would have to determine what the immediate  
neighborhood pertaining to the application. Commissioner Craig commented that the  
immediate neighborhood could be considered from River Drive to the immediate North. The  
Commission continued to discuss the definition of immediate neighborhood. Director  
Burdick commented that there aren’t a lot of industrial zoning in town and the Commission  
would have to review the purpose of the Industrial Zoning Districts in town. Attorney Willis  
asked how many industrial parcels are in town and Director Burdick said she would have to  
get more information about that.  
Commissioner Harwood stated that perhaps in the short term the application would impact  
the immediate neighborhood but maybe not so much in the long term. Chairman Wood asked  
if the Commission thinks that the application complies with section e. They concluded in the  
short term the application does not imply but most likely in the long term. Chairman Wood  
asked Director Burdick to read item f into the record. She read it into the record.  
Commissioner Harwood asked if the Commission could defer discussing item f to the next  
meeting as it might be more relevant to the planned discussion.  
Director Burdick read item g into the record and staff comments. The Commission discussed  
how the application would be compliant with the POCD. The Commission concluded that it  
was compliant.  
MOTION to table application PZ#24-8SUP & PZ#24-9CAM to the PZC Regular Meeting of  
February 13, 2025, in the Town Hall Annex and on Zoom.  
TABLED  
RESULT:  
Matthew Miello  
James Harwood  
MOVER:  
SECONDER:  
5
1
Wood, Craig, Miello, Ribe, and Harwood  
Whitescarver  
AYE:  
RECUSED:  
V.  
ADJOURNMENT  
Commissioner Ribe moved the meeting be adjourned, seconded  
by Commissioner Harwood  
The meeting adjourned at 9:02 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.