741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Planning & Zoning Commission

Meeting Minutes

Chairman

Tony Capon

Regular Meeting

Thursday, September 14, 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

In addition to Commission members the following staff members were also present: Juliet

Hodge, Director of Planning & Development and Alex Samalot, Zoning Enforcement Officer

(training).

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.

PUBLIC COMMENT (NON-AGENDA ITEMS - LIMITED TO THREE MINUTES)

Mike Cherry, 5 Whipporwill Drive, spoke of Tom Baudro's service to the town.

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

The agenda was approved and all exhibits were incorporated into the record.

VI.

PRE APPLICATION OR WORKSHOP

None.

VII. PUBLIC HEARINGS/APPLICATIONS

Application PZ#23-6SUP of Dieter and Gardner, Inc, 1641 Route 12, Gales Ferry, CT

06335, for a special use permit at 1340 Baldwin Hill Road, Gales Ferry, CT 06335, for

continued processing of earth materials and removal of ledge material.

Chairman Capon explained to the Commission members about the failure to provide notice

to abutters and to SCCOG. Chairman Capon discussed the matter with the attorney.

Chairman Capon reopened the public hearing at 6:05 PM and asked if there were any public

comment. There were none present wishing to comment.

Chairman Capon closed the public hearing at 6:06 PM.

Chairman re-opened the discussion and reviewed what was discussed at the last meeting

including the findings and several proposed conditions. Chairman Capon read the conditions

as follows:

1. Prior to the expiration of the permit, or prior to the issuance of any renewal, the

applicant shall provide a “Closure Plan” prepared and approved by a licensed

professional engineer that includes details of final grading and planting of the site to

prevent erosion at the conclusion of operations in accordance with the State of

Connecticut “Guidelines for Soil and Erosion and Sedimentation Control” as

amended. The P&Z Commission, or its authorized representative may require a bond

until said area is stabilized.

2. The operation shall not result in conditions that could be characterized as unsightly

such as open pits, rubble, or other indications of completed digging operations which

would have a deteriorating influence on nearby property values, or which would

impair the reasonable reuse and development of the lot for purposes permitted under

the Regulations for the CIP Zone.

3. Blasting shall not be conducted prior to 11:00 AM or after 4:00 PM and efforts to

limit the size of blasting “shots” shall be made as is practicable.

4. Screening, sifting, washing, crushing, or other forms of processing shall only be

conducted upon the premises between the hours of 7:30 AM and 5:30 PM, Monday

through Friday, and Saturdays 9:00 AM and 5:30 PM. There shall be no operational

activities on Sundays and the following holidays: Christmas, New Year’s Day,

Memorial Day, Fourth of July, Labor Day, Thanksgiving Day.

5. Measures shall be taken to minimize nuisance from noise, dust, vibration, and flying

debris; all trucks shall be covered for off-site transport.

6. Per Section 8.16(F): Before a permit is granted to an applicant starting an operation

regulated by Special Permit under this Section, the applicant shall post a bond to the

Town of Ledyard in an amount and form approved by the Commission to guarantee

that the premises shall be excavated, graded and landscaped in conformance with the

approved Plan of Operation.

Commission members did not have any additional comments.

Staff reviewed the findings as follows.

This Special Permit is being granted under Section 11.3 of the Zoning Regulation to B&R

Holding Company LLC for use of property located at 1340 Baldwin Hill Rd, in Gales Ferry,

CT. The overall use being approved under the Special Permit is Excavation Operations,

Major under Section 8.16 of the Zoning Regulations. The Excavation Permit will be valid for

a period of (3) years from the date of approval.

The Commission had determined that conditions are necessary to mitigate any potential

negative impacts to the abutting residential neighborhoods caused by noise, dust, vibrations,

odors, and/or appearance of the Excavations Operation; to protect property values and

character of the immediate neighborhood (in terms of intensity of use); and to prevent any

unreasonable pollution, impairment or destruction of the air, water, and other natural

resources.

As conditioned, of the Commission finds that the Application meets the Special Permit

Criteria found in Section 11.3.4 of the Zoning Regulations as well as the requirements found

in Section 8.16 and all other applicable provisions of the Zoning Regulations.

A motion was made by Commissioner Wood to approve Application PZ#23-6SUP of

Dieter and Gardner, and seconded by Commissioner Craig with the conditions

discussed.

APPROVED WITH CONDITIONS

Marcelle Wood

RESULT:

MOVER:

Howard Craig

SECONDER:

Wood, Capon, Whitescarver, Craig, and St. Vil

AYE:

Application PZ#23-10RA of the Town of Ledyard, 741 Colonel Ledyard, Ledyard CT,

06339, to delete Short Term Rental Regulations (8.31) and add to list of prohibited uses in

Section 3.8, table of contents, definition and use table to be modified accordingly.

Chairman Capon opened the Public Hearing at 6:14pm. All regular members were seated.

Chairman Capon presented the application on behalf of the Commission.

Application repeals the current regulation that permits STRs. Mr. Capon reviewed the history

of the regulations to date and the reasons why the Commission decided to consider this

application to repeal the current regulations and prohibit STRs all together.

Given the 5th Circuit Court decision that was rendered in August of 2022, the Commission

members attempted to comply with the requirement that the owner did not have to be

domiciled at the home being used as an STR, but were unable to come up with adequate

regulations.

Other reasons the Commission identified as reasons to prohibit STRs included:

The units being used as a STR take up available housing that could be used to house

workers;

STR guests do not typically frequent businesses in Ledyard, creating little benefit for the

Town;

Enforcement issues as violations often occur on the weekends and therefore enforcement

falls on the neighbors and the Commission did not feel that this burden should fall on the

neighbors.

The following people spoke:

Pam Bartlett, 62 Long Pond Road, spoke in favor of prohibiting STRs and thanked the

Commission for their efforts.

Eric Treaster, 10 Huntington Way, spoke in favor of the application and reviewed some key

points as to why STRs should be prohibited.

Mike Cherry, 5 Whipporwill Drive, spoke in favor of the Application but was sorry that the

Commission could not make it work for those who did follow the rules. He questioned the

language of the definition proposed and asked how many Special Permits were already

issued.

There were no more comments from the public.

Chairman Capon asked the Commission members if they had any additional comments.

Commissioner Wood spoke about the burden placed on neighbors with respect to

enforcement.

Juliet Hodge commented on recent additional case law regarding STRs.

Chairman Capon closed the Public hearing at 6:34pm and opened discussion.

There was no additional discussion.

For the reasons identified during the Commission's discussion, a motion was made by

Commissioner Wood to approve PZ#23-10RA, seconded by Commissioner

Whitescarver.

APPROVED AND SO DECLARED

Marcelle Wood

RESULT:

MOVER:

Paul Whitescarver

SECONDER:

Wood, Capon, Whitescarver, Craig, and St. Vil

AYE:

VIII. OLD BUSINESS

None.

IX.

NEW BUSINESS

OSWA Grant Support Letter

Planning Director, Juliet Hodge, reviewed the grant support letter on behalf of the

Commission which discusses their support for Avalonia's to apply for grant funding to

purchase the 223-acre "Rowley Property" located at 148 Stoddards Wharf Road. Ms. Hodge

explained the importance of the "Rowley Property" to the Tri-Town Trail.

The Commission followed with discussion.

Without objection, the Commission approved to move the grant support letter forward

to Avalonia.

APPROVAL OF MINUTES

Draft Meeting Minutes - August 10, 2023

The draft meeting minutes from the August 10, 2023 meeting, were approved as submitted.

APPROVED AND SO DECLARED

RESULT:

XI.

CORRESPONDENCE

None.

XII. REPORTS

Staff Reports

Planning Director, Juliet Hodge, presented her staff report and commented on the number of

new single family homes being constructed.

Alex Samalot, presented his staff report. He commented on the enforcement cases that have

closed since last meeting, and new cases that have opened. He also noted that many blight

enforcement cases are actively being resolved.

XIII. ADJOURNMENT

Without objection, the meeting adjourned at 6:53 PM.