741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Planning & Zoning Commission

Meeting Minutes

Chairman

Tony Capon

Regular Meeting

Thursday, April 13, 2023

6:00 PM

Council Chambers - Hybrid Format

CALL TO ORDER

Chairman Capon called the Regular Meeting of the PZC to order at 6:00 PM. The meeting

was hybrid with some attending in person and others via Zoom.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL APPOINTMENT OF ALTERNATES

Staff Present: Planning Director, Juliet Hodge, Land Use Administrative Asst, Makenna

Perry.

Commissioner James Arwrach resigned from the PZC.

Alternate Commission member, Jessica Cobb was appointed as a voting member for this

meeting.

Commissioner Marcelle Wood

Chairman Tony Capon

Present

Alternate Member Thomas Baudro

Commissioner Paul Whitescarver

Commissioner Howard Craig

Alternate Member Jessica Cobb

Commissioner Gary St. Vil

IV.

CITIZENS PETITIONS (LIMITED TO NON-AGENDA ITEMS)

Hillary Evans, thanked the Commission for their hard work throughout the years.

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

None.

VI.

PRE APPLICATION OR WORKSHOP

84 Silas Deane - General Discussion

Peter Gardner, reviewed a conceptual plan for a possible 31-lot 8-30g subdivision on

property located at 84 Silas Dean. He asked the Commission to give comments and input.

Chairman Capon questioned if the applicant presented his idea to Southeastern Connecticut

Water Authority (SCWA).

Steve Rice, Charleston RI, explained that he spoke with the SCWA and they determined that

the property has the ability to support 20+ houses.

The Commission asked questions about fire hydrant placement, the topography of the

property, the width of the proposed private road, as well as about the access.

J. Hodge asked whether they had considered doing a Conservation or Open Space

Subdivision instead.

VII. PUBLIC HEARINGS/APPLICATIONS

Application PZ#23-3 of the Town of Ledyard, 741 Colonel Ledyard Highway, Ledyard, CT

06339 for amendments to The Town of Ledyard's Zoning Regulations, Section 8.31

Short-Term Rentals, Hosted; and Section 2.2 Definitions (Mixed-use Commercial/Industrial)

to add the words "or development" ; and to add Accessory Apartment to Section 6.4 Use

Table. (No action - continued to June 8, 2023)

The public hearing was opened at 6:21 PM.

Planning Director Juliet Hodge presented the application. She read new exhibits into the

record.

JanCarlo Sarita, 8 Story Road, Salem MA, spoke in support of the application. Mr. Sarita

is the property owner of 5 Johnie Court and reminded the Commission that the requirements

regarding the presence of the host and/or use of surveillance equipment to monitor had to be

the same for all STRs.(Short Term Rentals).

Chairman Capon asked Mr. Sarita to give his opinion on the response time of a non-hosted

STRs. Mr. Sarita answered that a 30-minute response time is reasonable.

Carol Miello, 12 Cardinal Lane, spoke against the application. Ms. Miello expressed

concern about camera placement within STRs, and that the homeowner should verify the

placement and number of cameras on site. She supported the renewal requirement of the

permit, and supported the minimum lot size requirement.

Mark Spruance, 8 Redbrook Lane, spoke against the application. Mr. Spruance expressed

concern about the impact of STRs on property values and does not support allowing

commercial uses in residential zones.

Nate Weiss, 23B Bittersweet Drive, spoke against the application. Mr. Weiss explained that

STRs and the parties that may arise could potentially result in lawsuits.

Eric Treaster, 10 Huntington Way, spoke against the application. Mr. Treaster gave the

Commission two handouts. Mr. Treaster expressed concern about potential misconduct by

STR guests and the negative impacts to abutting neighbors. Mr. Treaster believed that

requiring a host to reside on the property would better control unwanted behavior. He

expressed concern about the use of cameras, explaining that they could violate privacy laws

or be easily disconnected. Mr. Treaster stated that towns are not required to allow STRs. He

suggested changes to the existing STR Definition and Purpose and suggested that the

Purpose include reasons why the town wants to allow STRs.

Bob Graham, 72A Long Pond Road, spoke against the application. Mr. Graham was

concerned about the lack of requirements for septic tank condition and capacity on properties

to be used as STRs, as they need to be capable of supporting numerous guests. Mr. Graham

suggested that the Commission require that the system be tested and proven that it can

support the increased use.He supports limiting the number of STRs permits that can be

issued.

Pamela Bartlett, 62 Long Pond Road S, spoke against the application. She gave the

Commission a handout named 'Stop Punishing Your Townspeople's. Ms. Bartlett believed

that if STRs are not required to be hosted, they should be banned. Ms. Bartlett explained that

businesses are not appropriate in residential zones. She expressed her concerns about the

negative impact STRs would have on tourism and quality of life and the availability of

affordable homes for families.

Mike Cherry, 5 Whipporwhirl Dr, expressed his concerns about STR's. Mr. Cherry

supported the minimum lot size requirement to operate an STR, and stated that STRs should

be hosted. Mr. Cherry explained that high density residential districts cannot support STR's.

He does not agree with the use video surveillance at STRs to ensure compliance.

Steve Fagin, 63R Long Pond Road S, spoke in favor of requiring STRs to be physically

hosted to prevent out of town investors from buying homes and using them as STRs. He

believed that transient residents are not as vested in neighborhoods.

Terri Isenburg, Chapman Lane, spoke in favor of the application. Ms. Isenburg explained

that she owns an STR and that she uses video surveillance and has 'house rules' for her guests

which helps to negate problems. Ms. Isenburg believes that STRs do not devalue a home.

She indicated that long-term renters may be better, but that they can be a burden to get rid of.

Erica Hall, 780 Lantern Hill Road, spoke against the application. Ms. Hall is the owner

and operator of 'Abbey's Lantern Hill Inn' and explained the problems that she has had with

controlling the behavior of guests and stopping them from violating policies - despite being

present when the guests are present. She expressed concern about Ledyard's proximity to the

Casinos and the higher likelihood of attracting partiers. She is in support of having a host on

site at all times to be able to respond immediately and effectively. Ms. Hall explained that

the burden is on neighbors to police the guests of a neighboring STR if there is no host. She

noted that bad users can open new accounts on Air BnB and wipe their previous history

clean. Ms. Hall does not see the benefit of STRs when considering the potential damage.

Chairman Capon continued the public hearing for Application PZ#23-3RA to the next

regular Planning and Zoning Meeting on May 11, 2023, at 6:00 PM.

CONTINUE

RESULT:

Application PZ#23-4SUP of Gales Ferry Intermodal LLC / Heller, Heller, McCoy, 549 South

Street, Quincy, MA 02169, for a special use permit for the construction of an industrial

building with appurtenant facilities on a portion of the property located at 1761 Connecticut,

Route 12, CT.

Chairman Capon opened the public hearing at 7:40pm.

Mr. Capon read a letter by Jake Troy of 55 Vinegar Hill Road into the record. Mr. Troy was

not in support of the application.

Planning Director, Juliet Hodge, identified and summarized the new exhibits received for the

record.

Att. Harry Heller, 736 Route, 32 Uncasville, presented the application on behalf of the

applicant, Gales Ferry Intermodal LLC. Att. Heller identified George Andrews as the P.E for

this project, Alan Peralt and Chase Davis as the principles of Gales Ferry Intermodal, Mike

Cherry as the Communications Liaison, and Andrew McCoy, associate of Heller, Heller, and

McCoy.

Att. Heller summarized the proposal to build a 20,000 marine equipment repair facility with

associated parking, access and outdoor lay down areas.

George Andrews, licensed environmental professional and P.E with Loureiro Engineering,

presented the dimensional and bulk requirements, and parking requirements. This operation

is expected to have 10 employees. Mr. Andrews explained the change in elevations on site

between the northern property line and the lay down area and discussed the landscaping and

drainage systems proposed. He stated that the storm water system would reduce peak

discharge and volume of run-off from the site. There will be hooded catch basins and

hydro-dynamic separators that can handle 100 year storm volume. Mr. Andrews explained

that the utilities are underground. They are currently in the application process with LLHD

for the septic system. There is public water available from Route 12 which they will use, as

well as connection to an existing gas line. Final stabilization will include pavement, grassed

area, and landscaping.

Planning Director, Juliet Hodge, presented her comments about the application. Ms. Hodge

explained that this a strategic property for economic use, but maintaining the as much of the

existing buffer between the project area and the residential neighborhood is important given

the potential for full build-out of the property. She stated that she received revised plans only

a few days before the meeting, so her review is not complete. She questioned the need for

additional information regarding the impact to protected species and the need to identify the

NDDB Areas on the plan. She clarified that the overall use is a mixed-use development with

the individual uses being the existing industrial use (Styrenics) and the proposed vehicle and

equipment repair facility. She questioned why the lay down area that the applicant said

would be used for storage and repair of equipment used in Cashman's marine operations was

larger than the area proposed for the actual principal use.

The Commission asked questions about the activity and the marine maintenance that would

be conducted on the lay down area.

Alan Perrault, Cashman, explained that activity would include the storage of equipment such

as crane booms and buckets, welding and other repair activity etc, but that the storage of

aggregate and other material may be considered. Mr. Perrault gave Commissioners a

rendering of the area of the site with the lay down area in use.

Commissioner Baudro questioned if there would be dredging on site. Att. Heller answered

that within this application there will not be dredging. He also challenged the Applicant's

assertion that the property has been used industrially for the past 200 years. He showed aerial

photos from the 1930's that showed that the property was almost entirely farmland. He also

noted that Mt. Decator is a historical site.

Stanley Lucus, 35 River Dr, spoke against the application. Mr. Lucus explained that he

wants to ensure his quality of life is not negatively impacted, nor that there is any negative

impact to the wildlife and natural resources in the neighborhood. Mr. Lucus purchased 3

River Drive and is fixing it up. He expressed concern about potential depreciation of

property values. He felt as though there should be a larger buffer.

Dave Harned, River Dr, was not in support of the application. Mr. Harned presented his

PowerPoint on behalf of Citizens Alliance for Land Use (CALU), his family, and Ms. Sacco

who also submitted written comments. He expressed his concerns about the proximity of the

building to the northerly property line. He expressed the need/want for compromise with the

Cashman Group to move the building further away from the residential neighborhood.

Phil LaPierre, 6 Point Breeze, Montville, was not in favor of the application. Mr. LaPierre

lives across the river, and requested that the applicant consider a buffer to help reduce the

noise.

Joanne Kelly, 12 Thamesview Ptwy, was not in favor of the application. Ms. Kelly lives

across the street and was concerned about the potential noise. She expressed her support for

keeping a larger wooded perimeter and existing buffers. She explained that she wanted more

transparency from the application and questioned if there was any contamination that needed

to be re-mediated. Att. Harry Heller explained that both Dow Chemical and Trinseo have

responsibility in compliance with the transfer act.

Sam Roudebush, 63 Hurlbutt Road, appreciated the efforts to remediate the storm water

runoff. Mr. Roudebush, advised the Commission to look at the application and project as a

whole to fully consider all impacts. Mr. Roudebush is in favor of commercial development

of land, but without impact to historical neighborhoods.

Albert Oueletter, 401 Kittmauge, Montville, was not in support of the application. Mr.

Ouelette worked at Allyn's Point / Dow in 1974 as a crane operator. For the last 10-12 years

the location has been quiet. He noted that noise carries very well across the river. He is

concerned about the lights that will be on during the night at the property.

Robert Kleeman Jr, 1837 Route 12, was not in support of the application. He believes that

the building should not be so close to the residents along the northern area of the property.

He expressed concern about the outdoor activity would be, including the storage of

aggregate, and the potential noise disturbance.

Chairman Capon continued the public hearing to the next regular scheduled Planning

and Zoning Meeting, on May 11, 2023 at 6:00 PM.

CONTINUE

RESULT:

Application PZ#23-5CAM of Gales Ferry Intermodal LLC / Heller, Heller, McCoy, 549

South Street, Quincy, MA 02169, for coastal area management approval for the construction

of an industrial building with appurtenant facilities on a portion of the property located at

1761 Connecticut, Route 12, CT.

The public hearing opened at 10:09 PM.

Att. Harry Heller, 732 Route 12, Uncasville, representing the applicant Gales Ferry

Intermodal LLC, requested that the Commission incorporate the entire record from the

previous public hearing for PZ#23-4SUP into the record of PZ#23-5CAM.

Without objection, the entire record from PZ#23-4SUP was incorporated into the new public

hearing for PZ#23-5CAM.

Chairman Capon continued the public hearing to the next regular scheduled Planning

and Zoning Meeting on May 11, 2023 at 6:00 PM.

CONTINUE

VIII. OLD BUSINESS

RESULT:

2023 Housing Plan

Planning Director, Juliet Hodge, explained that the consultants and she were working with

Commissioner Cobb on a housing plan map. She asked that the Commission identify

Housing Opportunity Areas

The public hearing is set for May 11, 2023 at 6:00 PM.

CONTINUE

RESULT:

Application PZ#23-1 of Dieter and Gardner, Inc, PO Box 335, Gales Ferry CT, 06335 for the

modification of a site plan located at 740 Colonel Ledyard Highway, Ledyard CT, 06339.

The applicant withdrew the application.

IX.

NEW BUSINESS

None.

APPROVAL OF MINUTES

March 9th, 2023 - Meeting Minutes

The meeting minutes from the March 9, 2023 meeting were approved as submitted.

XI.

CORRESPONDENCE

None.

XII. REPORTS

Planning Director Report - March/April

Planning Director, Juliet Hodge presented her staff report. She reported that the department

has hired a Zoning Enforcement Officer - Alex Samalot- who will start on May 1st. As he is

not a certified ZEO, he will primarily focus on the many blight complaints that she cannot

get to. She will continue to do plan review as Mr. Samalot trains. Ms. Hodge stated that it

has been very busy in the office and that they have received numerous plans for New Single

Family Homes.

XIII. ADJOURNMENT