741 Colonel Ledyard Highway  
Ledyard, Connecticut 06339  
TOWN OF LEDYARD  
Planning & Zoning Commission  
Meeting Minutes - Final  
Chairman  
Wood  
Marty  
Special Meeting  
Thursday, December 19, 2024  
6:00 PM  
Ledyard Middle School - 1860 CT-12,  
Gales Ferry, CT 06335 (aka 1854  
CT-12)  
REMOTE MEETING INFORMATION  
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I.  
CALL TO ORDER  
Chairman Wood called the meeting to order at 6:01 p.m. in the Ledyard Middle School  
Auditorium and on Zoom.  
II.  
PLEDGE OF ALLEGIANCE  
III.  
ROLL CALL AND APPOINTMENT OF ALTERNATES  
Commissioner Marcelle Wood  
Secretary Howard Craig  
Present  
Alternate Member Matthew Miello  
Alternate Member 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 stated for the record that Alternate Memeber Matthew Miello will be seated for  
the regular member vacant seat and the Alternate Member James Harwood will be seated for  
recuesed Vice Chair Paul Whitrscarver.  
Chairman Wood outlined the proceedings of the meeting and outlined the rules of conduct for  
the audience.  
IV.  
PUBLIC HEARINGS/APPLICATIONS  
A.  
Public Hearing: 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, 65 Day Ext. Granted, PH must close by 12/20/24, DRD 65-days from close PH).  
Chairman Wood called Attorney Wilson Carroll to the podeum to begin his presentation to  
the Commission.  
Attorney Wilson Carroll of Cohen & Wolf, 1115 Broad Street, Bridgeport, CT, handed a  
written copy of his closing remarks to staff. Director Burdick stated that it would be marked  
as exhibit #313-1 for the record.  
Attorney Wilson gave his closing remarks about special permit processes as outlined in  
exhibit #313-1. Attorney Carroll then handed out a document containing excerpts of the  
Ledyard Zoning Regulations. Director Burdick stated for the record it would be marked as  
exhibit #313-2.  
Attorney Carroll read from the last page of exhibit #313-2. Attorney Carroll handed  
additional documents to the Commissioner and staff containing business details for Gales  
Ferry Intermodal. Director Burdick stated for the record that it would be marked as exhibit  
#313-3. Attorney Carroll pointed out details of that document to the Commission and  
referenced statements made by Mr. Jay Cashman from the previous meeting on December  
12, 2024. Attorney Carroll handed more documents to staff. Director Burdick stated for the  
record they would be marked as exhibit #313-4. Attorney Carrol spoke about pre existing  
non-conforming uses as outlined by the document.  
Attorney Carroll handed out copies of the Planning & Zoning Commission Review  
application for PZ#23-6SUP with highlight sections of interest. Director Burdick stated that  
the document would be marked as exhibit #313-5 for the record. Attorney Carroll spoke  
about the document to the Commission.  
Attorney Carroll handed out court case documents to the Commission. Director Burdick  
stated for the record that they would be marked #313-7, #313-8, #313-9 for the record.  
Attorney Carroll spoke to the Commission about the documents.  
Attorney Carroll handed out copies of Steven Trainkaus's response to the Commission.  
Director Burdick stated that the document would be marked as exhibit #313-10 for the  
record. Attorney Carroll spoke to the Commission about the report. Director Burdick  
clarified with Attorney Carroll which section of the report he was reading from to the  
Commission.  
Attorney Carroll handed out marked up copies of the Ledyard POCD to the Commission.  
Director Burdick stated for the record that it would be marked as exhibit #313-11. He spoke  
to the Commission about the document. He additionally handed out another document with  
reasons for denial. Director Burdick stated that it would be marked as exhibit #313-12 for the  
record. Attorney Carroll concluded his presentation.  
Chairman Wood called Attorney Heller to begin his presentation and closing remarks.  
Attorney Harry Heller, Heller, Heller & McCoy 736 Norwich-NewLondon Turnpike,  
Uncasville, representing the applicant, Gales Ferry Intermodal, LLC, requested that the  
entirety of the October 2023 and April 2024 iterations of the Gales Ferry Intermodal  
excavation major application be added to the administrative record in this proceeding. He  
stated that his firm filed a Freedom of Information Act Request with the Town of Ledyard in  
the spring and only received compliance with the request last Thursday. He stated that his  
office has not had sufficient time to review the thousands of pages of information but have  
acquired evidence of improper and or illegal conduct that taints all proceedings related to  
the applicant and project.  
Attorney Heller submitted a document with a timeline of improper email communications as  
well as a letter from Halloran & Sage. Director Burdick stated that it would be marked as  
exhibit #314 and #315 for the record. Attorney Heller spoke about the documents to the  
Commission.  
Attorney Heller read into the record several emails from the FOIA Request made by Heller,  
Heller & McCoy between Juliet Hodge, Dave Harned and members of the Commission. He  
spoke to the Commission about the documents. He spoke to the Commission about the  
process of recusal. Land Use Attorney Matthew Willis clarified to the Commission why a  
Commissioner would decide to recuse themselves from an application and stated that they  
can speak more in depth about it at a later time. Director Burdick marked the emails as  
exhibit #316 for the record.  
Attorney Heller spoke about his concerns with Mr. Eric Treaster's conduct related to the  
application and proceedings. He submitted documents to staff in support of his statements.  
Director Burdick stated for the record that they would be marked as exhibits #317 for the  
record.  
Chairman Wood asked if staff could authenticate the emails submitted by Attorney Heller in  
this proceedings.  
Attorney Heller stated that in response to the questions received by Commission members  
through the Land Use office, the applicant has provided a comprehensive response  
presentation answering each question. Attorney Heller presented the Powerpoint presentation  
that Director Burdick marked as exhibit #318. He went through slide by slide.  
Commissioner Ribe asked Attorney Heller if there was any seismographic data from the date  
of Laura Staunnings letter to Maine Drilling and Blasting. Attorney Heller stated there were  
no seismographs from her property because they are always set up at the closest structure  
which was at a different location. Commissioner Ribe and Attorney Heller clarified that the  
data in the presentation is the data collected from the closest structure to the blast, which was  
not Laura Staunnings.  
Chairman Wood asked if during phase 1 or phase 2 there would be less than 2-3 barges per  
week. Attorney Heller stated that is correct. They clarified other details of the plan in terms  
of phases of the project.  
Commissioner Ribe and Attorney Heller clarified which perspective the benching model was  
displaying in relationship to Mt. Decatur.  
Commissioner Harwood and Attorney Heller clarified information about traffic on Route 12  
as related to the application.  
Commissioner Ribe asked Attorney Heller what compaby Dr. Cathy Aimone-Martin works  
for. Attorney Heller responded that the company name is Aimone Martin Associates.  
**10 MINUTE RECESS**  
Attorney Heller asked that the FOIR request made to the Town of Ledyard by Heller, Heller  
& McCoy be incorporated in the record of this proceeding. Director Burdick stated that the  
entire FOIA request will be entered in to the record as exhibit #319.  
Attorney Heller continued the presentation addressing Commissioner questions. He  
submitted a full staff report, marked as exhibit #9 of the Baldwin Hill application. Director  
Burdick stated that it would be marked as exhibit #320 for the record.  
Attorney Heller continued to talk about the language in the Ledyard Zoning Regulations in  
relationship to the application as well as the proceedings of the Baldwin Hill application.  
Attorney Heller submitted an email chain from Juliet Hodge and Peter Gardner of Dieter &  
Gardner, concerning the Baldwin Hill permit. Director Burdick stated that it would be  
marked as exhibit #321.  
Attorney Heller discussed past Ledyard Zoning Regulations and read into the record specific  
sections for the Commission. Attorney Heller discussed the requirements and functions of  
the Commission and relationship to the application. Attorney Heller submitted a copy of the  
Town of Ledyard's assessor's map, number 61 for the record. Director Burdick marked it as  
exhibit #322. He spoke to the Commissioner about several points made in Mr. Treaster's  
document titled "22 Reasons for Denial"  
Attorney Heller and Chairman Wood clarified the definition of substratum.  
Attorney Heller asked that the Ledyard POCD be incorporated into the record. Director  
Burdick clarified that Attorney Heller is referencing the POCD that was approved on  
2/13/2020 and effective on 2/27/2020. Attorney Heller said yes. Director Burdick marked it  
as exhibit #323 for the record. Attorney Heller spoke to the Commission about certain  
sections of the Ledyard POCD.  
Attorney Heller made his final closing statements to the Commission.  
Director Burdick stated that staff received about fifty new exhibits over the course of the day.  
She said due to time constraints, staff was not able to upload them all online before setting  
up for the meeting, but that exhibits that were received before the close of the public hearing  
will be marked and uploaded online on Monday.  
Chairman Wood reiterated statements made by Director Burdick. Staff and the Commission  
clarified the meeting schedule for discussion and decision the application.  
MOTION to close the public hearing on application PZ#24-8SUP & PZ#24-9CAM  
PUBLIC HEARING CLOSED  
Beth E. Ribe  
RESULT:  
MOVER:  
Howard Craig  
SECONDER:  
5
1
Wood, Craig, Miello, Ribe, and Harwood  
Whitescarver  
AYE:  
RECUSED:  
B.  
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, 65 Day Ext. Granted, PH must close by  
12/20/24, DRD 65-days from close PH).  
MOTION to continue discussion and decision on application PZ#24-8SUP & PZ#24-9CAM  
to the PZC Special Meeting of January 23, 2025 at the Ledyard Middle School Auditorium  
and on Zoom.  
CONTINUE  
RESULT:  
James Harwood  
Howard Craig  
MOVER:  
SECONDER:  
5
1
Wood, Craig, Miello, Ribe, and Harwood  
Whitescarver  
AYE:  
RECUSED:  
V.  
ADJOURNMENT  
Attorney Willis spoke to the Commission and gave guidance on examining the evidence and  
the Ledyard Zoning Regulations  
Chairman Wood moved the meeting be adjourned, seconded by Commissioner Harwood  
The meeting adjourned at 10:22 p.m.  
VOTE: 5-0 Approved and so declared  
Respectively Submitted,  
_______________________________  
Chairman Wood  
Planning & Zoning Commission  
DISCLAIMER: Although we try to be timely and accurate these are not official records of the  
Town.