741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Planning & Zoning Commission

Meeting Minutes - Final

Chairman

J.A. (Tony) Capon

Thursday, August 11, 2022

7:00 PM

Council Chambers - Hybrid Format

CALL TO ORDER

Chairman Capon called the Regular Meeting of the Planning and Zoning Commission to order at

7:02pm. He stated that the meeting was being recorded and requested that remote participants

remain muted unless speaking and that each speaker state their name and address.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL APPOINTMENT OF ALTERNATES

Commissioner Marcelle Wood

Chair J.A. (Tony) Capon

Present

Commissioner Thomas Baudro

Commissioner Paul Whitescarver

Alternate Member Howard Craig

Alternate Member James Awrach

Alternate Member Gary St. Vil

Excused

IV.

CITIZENS PETITIONS (LIMITED TO NON-AGENDA ITEMS)

The following persons spoke:

Nora Taylor, 9 Partridge Hollow Rd. Gales Ferry. Reported that a group has formed called

Citizens Alliance for Land Use, as many are concerned about the potential Cashman

Development at the former DOW Chemical Site.The group was formed to gain a better

understanding of the type of operation proposed and potential impacts on surrounding

neighborhood.

Jancarlo Sarita, owns property at 5 Johnnie Court, Ledyard stated that he submitted an

application for a change to the existing Short-term rental regulations identical to the application

submitted by Robert Barnett because Mr. Barnett postponed the public hearing and had

considered withdrawing the application all together. He asked that the Commission expedite the

application.

Eric Treaster, 10 Huntington Way, Asked if it would be appropriate to propose a moratorium on

Industrial Uses given the potential uses for the DOW Chemical Site.

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

A motion was made by Chairman Capon, seconded by Commissioner Baudro to add Discussion

and Vote for Applications PZ22-10,11 &12 to Old Business. Motion carried by the following

vote:

APPROVED AND SO DECLARED

J.A. (Tony) Capon

RESULT:

MOVER:

Thomas Baudro

SECONDER:

Wood, Capon, Baudro, and Whitescarver

AYE:

Wood, Capon, Baudro, and Whitescarver

AYE:

VI.

PRE APPLICATION OR WORKSHOP

None

VII. PUBLIC HEARINGS

Chairman Capon seated all 4 members present as voting members for all the Public Hearings.

All materials submitted have been incorporated into the record.

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.

PZ#22-9RA- Application

Attachments:

PZ#22-9RA- STR 8.28 Proposed Reg Changes

SCCOG Letter for RA's

SCCOG Notification Cover Letter RA's

PZ#22-9RA- Exhibit List

Barnett Extension

Letter from Carol and Matt Miello 22-9RA

Mr. Barnett submitted a letter requesting that the public hearing be postponed until 9/8/22. There

was no discussion.

CONTINUE

RESULT:

Application #PZ22-10SUP of Caryn Oresky, 1 West Drive, Gales Ferry, CT 06335 for a

Special Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the

Zoning Regulations

ZP#22-10SUP- Application

Attachments:

Caryn Oresky was present for this application. She presented the application and stated that she

has run an Airbnb under the former Ordinance for 3 years with no complaints.

ZEO John Herring stated that the application was complete and met the requirements of Section

8.28 of the Zoning Regulations. Mr. Herring provided the Commission with a check sheet

demonstrating compliance with Section 8.28 and the applicable Special Permit requirements.

Maps and Floor Plans were provided. LLHD is not required if there is no change in the number

of bedrooms.

Commission members had no questions or concerns.

The following persons spoke:

Eric Treaster, 10 Huntington Way, asked questions about pets being allowed. Ms. Oresky stated

that she does not allow pets and that it is stated on her listing.

Chairman Capon closed the Public Hearing at 7:19pm.

Application #PZ22-11SUP of Stephanie Ma, 15 Autumn Way, Ledyard CT 06339 for a Special

Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the Zoning

Regulations...end

15 Autumn Site plan

Attachments:

PZC11SUP-15 Autumn Way

Public Hearing opened at 7:19

Tracy O'donnell, 491 Greenhaven Rd., Stonington, presented for Stephanie Ma due to a language

barrier.

Ms. O'Donnell stated that Ms. Ma is a very responsible host and has no complaints. She stated

that 4 of the 5 bedrooms are used for STR. Ms. Ma lives on the property. Commission members

had no questions or concerns.

Mr. herring went over the check sheet and stated that the application met all the requirements of

Section 8.28 of the Zoning Regulations. He stated there are no records of any complaints and

that she was permitted under the previous STR Ordinance for 2 years.

The following person spoke:

Eric Treaster, 10 Huntington Way, asked how the applicant knows that the owner lives on the

premises.

There were no further questions or comments. Chairman Capon closed the Public Hearing at

7:23pm

Application #PZ22-12SUP of Jeanne Bryant, 1899 Route 12, Gales Ferry CT 06335 for a

Special Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the

Zoning Regulations...end

PZC#12 SUP 1899 ROUTE 12 (OLD #2021-3 STR

PZC#12 SUP 1899 ROUTE 12

Attachments:

PH opened at 7:24pm

Jeanne Bryant, 1899 Rte. 12, presented her application. She stated that she was permitted under

the former Ordinance. They only allow 2 guests, no children, no pets, no parties and despite

living on the river, there is no water access for guests. They have 2 plus acres with plenty of

room for parking. She stated her rules are clear on the Airbnb listing.

Mr. Herring reviewed the check sheet. He noted that this Airbnb is not operating at the moment

due to renovations but will be operational shortly.

The Commission Members did not have any questions.

The following persons spoke:

Eric Treaster, 10 Huntington Way, stated that her rules are very good but should not reference

the Ordinance and should be amended to reflect the current regulations. Arch Bryant also spoke

on behalf of his wife.

Mike Cherry, 5 Whippoorwill Dr. Gales Ferry spoke about a new Airbnb and VRBO "no party

policy"

Chairman Capon closed the Public Hearing at 7:30pm

VIII. OLD BUSINESS

A. Application #PZ22-10SUP of Caryn Oresky, 1 West Drive, Gales Ferry, CT 06335 for a

Special Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the

Zoning Regulations

ZP#22-10SUP- Application

Attachments:

Commission members agreed that the Application was complete and met the requirements of

Section 8.28 of the Regulations and was in conformance with Special Permit criteria.

MOTION was made and seconded to approve Special Permit Application #PZ22-10SUP to

operate a Short-term Rental.

APPROVED AND SO DECLARED

J.A. (Tony) Capon

RESULT:

MOVER:

Thomas Baudro

SECONDER:

Wood, Capon, Baudro, and Whitescarver

Craig, Awrach, and St. Vil

AYE:

ABSENT:

Application #PZ22-11SUP of Stephanie Ma, 15 Autumn Way, Ledyard CT 06339 for a Special

Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the Zoning

Regulations...end

15 Autumn Site plan

Attachments:

PZC11SUP-15 Autumn Way

Commission members agreed that the Application was complete and met the requirements of

Section 8.28 of the Regulations and was in conformance with Special Permit criteria.

MOTION was made and seconded to approve Application #PZ22-11SUP for a Special

Permit to operate a Short-term Rental.

APPROVED AND SO DECLARED

J.A. (Tony) Capon

RESULT:

MOVER:

Thomas Baudro

SECONDER:

Wood, Capon, Baudro, and Whitescarver

Craig, Awrach, and St. Vil

AYE:

ABSENT:

Application #PZ22-12SUP of Jeanne Bryant, 1899 Route 12, Gales Ferry CT 06335 for a

Special Permit to establish a Short-Term Rental use in accordance with Section 8.28 of the

Zoning Regulations...end

PZC#12 SUP 1899 ROUTE 12 (OLD #2021-3 STR

PZC#12 SUP 1899 ROUTE 12

Attachments:

Commission members agreed that the Application was complete and met the requirements of

Section 8.28 of the Regulations and was in conformance with Special Permit criteria.

MOTION was made and seconded to approve Application #PZ22-12SUP for a Special Permit to

operate a Short-term Rental.

APPROVED AND SO DECLARED

RESULT:

J.A. (Tony) Capon

Thomas Baudro

MOVER:

SECONDER:

Wood, Capon, Baudro, and Whitescarver

Craig, Awrach, and St. Vil

AYE:

ABSENT:

Application PZ#22-8SUB of Mr. G. 1 LLC, 55 Trumbull Road, Waterford CT, for a 24 Lot

Open Space Subdivision located at 79 Vinegar Hill Road. (MBL94-2540-79)

PZ#22-8SUB- Site Plan Sheet 1

PZ#22-8SUB- Site Plan Sheet 2

PZ#22-8SUB- Site Plan Sheet 3

PZ#22-8SUB- Site Plan Sheet 4

PZ#22-8SUB- Site Plan Sheet 5

PZ#22-8SUB- Site Plan Sheet 6

PZ#22-8SUB- Site Plan Sheet 7

PZ#22-8SUB- Site Plan Sheet 8

PZ#22-8SUB- Site Plan Sheet 9

PZ#22-8SUB- Site Plan Sheet 10

PZ#22-8SUB- Site Plan Sheet 11

PZ#22-8SUB- Site Plan Sheet 12

PZ#22-8SUB- Site Plan Sheet 13

PZ#22-8SUB- Site Plan Sheet 14

PZ#22-8SUB- Site Plan Sheet 15

PZ#22-8SUB- Site Plan Sheet 15A

Exhibit #1- Application, Check List, Authorization Exhibit 1

Exhibit #2- Document List for Application

Exhibit #3- Engineering Report

Attachments:

Exhibit #4- Legal Documents

Exhibit #5- Letter Representing Applicant Notification

Exhibit #6- Letter from Applicant's Lawyer

Letter from Atty Heller 7-11-2022

Revised Stormwater Management Report

PZ#22-8SUB- Exhibit List

Engineer Comments

PZC 22-08SUB Planners comments

Attorney Heller presented the application and gave a brief recap of the application for the

Commission. The design has remained the same with the exception of a change in the location of

the drainage basin. The Open Space has already been deeded to the Town following the 2018

approval. Drafts of the legal documents were submitted. He discussed the issue of the nested

lots. He stated that he disagrees with Ms. Hodge's interpretation of the OS subdivision language.

He pointed out that there are certainly inconsistencies in the Regulations, but that there have

been no substantial changes since 2018 when the same subdivision was approved (but never

recorded) and as such, the Commission was bound to approve the proposed layout including the

nested lots.

Ms. Hodge presented her memo and stated that she agrees that the Commission is bound to

approve the layout, but that they had clearly erred in 2018 by allowing the nested lots.

Chairman Capon and Chairman Wood asked questions of Harry Heller and Ms. Hodge

Ms. Hodge suggested the following conditions of approval, should the Commission

approve.

1. Revise the Site Plan to show all driveways serving individual homes as 12 feet wide as

required. All shared portions must be 15 ft wide and contained within a 25ft access

strip/easement area and comply with all other requirements found in Section 14.8B.

2. Shared Driveways greater than 600ft must have a turn-out.

3. Please correct the Zoning Compliance Table to reflect the current regulations. The table

provided is based on the 2012 Regulations.

4. Please reference the most recent IWWC application and approval in the notes.

5. All comments provided by Town Engineer must be addressed prior to the filing of the

mylar.

6. All legal documents must be filed for any easements and/or rights of way prior to the sale

of any of the lots affected.

7. Bond estimates for the drainage/stormwater management systems must be reviewed and

approved prior to the issuance of any zoning permits for individual lot development.

Mr. Heller agreed to the conditions of approval.

MOTION was made and seconded to approve Application #PZ22-8SUB with the

conditions noted above.

APPROVED AND SO DECLARED

J.A. (Tony) Capon

RESULT:

MOVER:

Thomas Baudro

SECONDER:

Wood, Capon, Baudro, and Whitescarver

AYE:

IX.

NEW BUSINESS

Application #PZC 22-13SITE and Associated CAM Application #PZC22-14CAM of Garrett

Homes, LLC for a proposed 10,700+ new retail development with associated paved parking,

stormwater management, utilities, landscaping and lighting located at 1682 & 1686 Rte. 12, in

the GFDD and within the CAM Zone. Owners: Trustee of the Majalian Survivors Trust; 20

Monticello Dr. Gales Ferry CT 06335 and Karen K Majalian & Kathy M. Owens; 166 Centre St.

Dover MA 02030.

C-PLN-2102412-SITE PLAN SUBMISSION-2022-08-01

C-PRMT-2102412-SPA NARRATIVE-2022-08-01

C-RPT-2102412-Stormwater Management Plan-08-01-2022

Memo from S. Masalin 22-13 SITE

Attachments:

Staff Review of Applications PZC22-13SITE 22-14CAM

Matthew Eucalitto presented the Application for the owners.

Matthew Eucalitto was present in the room and his associate Rebecca Feldman presented the

plans via Zoom.

Mr. Eucalitto stated that the existing home will be demolished and the two parcels will be

combined as part of this project.

They will provide a sidewalk to allow connectivity to existing commercial area. Applicant will

provide a photometric plan.

J. Hodge went over her comments and Commission members asked questions. Ms. Hodge asked

about Traffic Generation. Mr. Eucalitto stated that peak traffic would occur during the morning

rush and after work and Saturday 11-3 peak and estimated that there would be about 30-40 peak

trips for a store this size.

Commissioner Wood asked questions about having solar panels on the property and why there

was so much extra parking.

Ms. Hodge went over her report and stated that a portion of the property was just within the

CAM zone and that an associated CAM Application #PZ22-14CAM had been submitted along

with the Site Plan Application. To satisfy the requirements for that permit, the applicant

provided a map and narrative to demonstrate compliance with CAM requirements in the

regulations. He stated that he did not feel there would be any impact to coastal resources given

its distance from any open water and proposed low impact development.

The Architect presented the elevations.

There were no further questions from the Commission.

Ms. Hodge offered the following Conditions of approval should the Commission vote to

approve the Application:

1. Per 6.6B(1)(l): Please provide CAM Demarcation line on the Site Plan (boundary Survey

or SP1).

2. Per 6.6B(1)(m) Please provide a signature block on all sheets (or at least those to be filed

with the Clerk (Boundary Survey, GN1, SP1. OP1 GD1 SU1)

3. Per 6.6B(8)(i): Please provide a signature block for the SE&SC Plan sheet and provide

the name of the individual responsible for installing and maintaining the E&SC Measures

(6.6B(8)(h).Per 6.7A(1)(c): Please provide information regarding expected traffic

generation.

4. Please provide a Lighting Plan and identify location and type of all proposed lighting for

building and parking areas.

5. The plans were also reviewed by Steve Masalin, Town Engineer. Comments were

provided and all issues identified must be addressed prior to approval.

Further permits/ approvals will also be required prior to the issuance of a Zoning Permit:

1. LLHD Approval is required

2. Please provide application for encroachment permit

3. Applicant must submit an application to merge 1682 & 1686 Rte. 12 prior to filing the

mylars.

4. Demolition permit required prior to issuance of a Building Permit for construction.

Applicant agreed to the Conditions.

MOTION was made and seconded to Approve Applications #PZ22-13SITE with the

conditions noted above and #PZ22-14CAM.

APPROVED AND SO DECLARED

Marcelle Wood

RESULT:

MOVER:

Paul Whitescarver

SECONDER:

Wood, Capon, Baudro, and Whitescarver

AYE:

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.

Application PZC 22-15RA

PZ#22-15RA- Exhibit List

Attachments:

Application was received and the Public Hearing was scheduled for 9/8/22

CONTINUE

RESULT:

APPROVAL OF MINUTES

PZC Special Meeting July 28, 2022 Draft Minutes

July 28 Special Meeting PZC DRAFT Minutes

Attachments:

MOTION was made and seconded to approve the minutes of the July 28, 2022 Special

Meeting.

APPROVED AND SO DECLARED

Thomas Baudro

RESULT:

MOVER:

J.A. (Tony) Capon

SECONDER:

Wood, Capon, Baudro, and Whitescarver

AYE:

XI.

CORRESPONDENCE

Letter from Miello

XII. REPORTS

TOWN PLANNER REPORT

Director of Planning and Development Report

Activity report July-August 2022 PZC

Attachments:

Planning Director J. Hodge went over the report that she submitted.

ZONING OFFICIAL REPORT

ZEO Reports

Activity Report August 11 2022

Attachments:

Activity Report Aug 14 2022 TNT REV JH

ZEO Thomas Thomas went over the reports he and ZEO J. Herring submitted.

XIII. ADJOURNMENT

Chairman Capon adjourned the meeting at 8:47PM

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

Town.