741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes

Chairman

Justin DeBrodt

Regular Meeting

Tuesday, February 7, 2023

7:00 PM

Council Chambers -Hybrid Format

CALL TO ORDER

Chairman DeBrodt called the Regular Meeting of the IWWC to order at 7:00 PM. The meeting

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

II.

ROLL CALL

Staff Present: Juliet Hodge, Director of Planning and Development, Len Johnson, Wetlands

Enforcement Officer, and Makenna Perry, Land Use Administrative Asst.

Chairman Justin DeBrodt

Present

Vice Chair Paul Maugle

Commissioner Dan Pealer

Commissioner Lynmarie Thompson

Commissioner Beth E. Ribe

Alternate Member Gary St. Vil

III.

CITIZENS COMMENTS

No public comment.

IV.

OLD BUSINESS

Application #IWWC22-18URA of Avery Brook Homes, LLC, 1641 Rte. 12, Gales Ferry, CT

06335 for URA activities associated with the siting of new single-family homes with associated

grading and utilities on 9 of 36 lots in a proposed 8-30g Re-Subdivision located on 94,96,98 and

100 Stoddards Wharf Rd, Ledyard CT.

Chairman DeBrodt noted that multiple items were made a part of the record since the previous

meeting on January 3, 2023. The first item was a request from Groton Utilities' Attorney, Steven

Studer, to grant the City of Groton through Groton Utilities (GU) Intervenor Status request for

this application. Chairman DeBrodt read the Notice of Intervention from GU.

"WHEREAS, the City of Groton acting through its Department of Utilities has filed a Notice of

Intervention pursuant to C.G.S. § 22a-19 to the Ledyard Inland Wetlands and Watercourses

Commission relating to the above-referenced proposed activity; and

WHEREAS, the Commission has reviewed the Notice to determine whether: 1) the Notice meets

the requirements of applicable statutes and applicable law and 2) the Notice makes claims

regarding potential impairment to the air, water and other natural resources of the State of

Connecticut over which the Commission has jurisdiction.

NOW THEREFORE, the Commission hereby moves that Intervenor Status be granted to the

Petitioner City of Groton as the Notice contains specific allegations claiming impairment to

natural resources over which the Commission has jurisdiction and otherwise meets the standards

for Intervention pursuant to C.G.S. § 22a-19. The Petitioner is hereby granted all rights and

privileges reserved for parties in such administrative proceedings."

Motion moved by Commissioner Thompson and seconded by Commissioner Maugle to

grant the City of Groton through Groton Utilities Intervenor Status for this application.

Motion passed unanimously.

Chairman DeBrodt explained that a letter from Attorney, Steven Studer to the applicant became

a part of the record, known as Exhibit #46. The letter from Studer to the applicant requested

clarification that the applicant understood the additional testing and analysis requested by the

Commission, was needed to address the environmental concerns posed by the proposed

development and to provide a description of the testing and analysis being conducted, as well as

a date when the testing is being completed. Lastly, the letter requested that the applicant submit

all new material to the town at least two full weeks before the continued public hearing, i.e. on

or before January 24, 2023.

Chairman DeBrodt explained that a letter from The Ledyard Fire Chief, Jonathan Mann, also

became a part of the record known as Exhibit #47. Jonathan Mann reviewed the proposed plan

for Avery Brook Subdivision from a public safety point of view. Mr. Mann stated that the

narrow road width of 22ft might pose some challenges to getting larger apparatus through the

neighborhood - particularly if residents park on the street. He noted that on street parking should

not be allowed. Mr. Mann also stated that he did not think there was a great risk for fire

spreading from one house to another, but he did point out that there are very few hydrants in

town to supply water for fire protection.

Chairman Debrodt read a letter from Attorney Harry Heller requesting, on behalf of the

applicant, to continue the public hearing to the March 7, 2023 meeting in order to have enough

time to complete the required testing and allow time for all parties to review. The letter indicated

that the applicant intended to submit the analysis well in advance of the March 7, 2023 meeting.

Chairman DeBrodt read an additional letter from Attorney Harry Heller in which he

acknowledged the applicant's consent to the continuation of the administrative proceeding. Mr.

Heller identified a terminal date of March 26, 2023 to complete the public hearing and

confirmed that the applicant will not seek the removal of the application to the Department of

Energy and Environmental Protection (DEEP).

Commissioner Thompson asked Planning Director Juliet Hodge to explain the purpose of the

letter.

Juliet Hodge explained for Wetlands related applications, there is no "automatic approval" if the

Commission fails to adhere to the statutory timelines to act on an application as there are with

Planning and Zoning applications, however, the applicant can opt to have the Department of

Energy and Environmental Protection (DEEP) review and act on the application if the timelines

are not met. In this case, the applicant has stated that they will not send the application to DEEP

if the required time frames are not met.

Commissioner Ribe questioned whether the Commission and interested parties would have

enough time to review the requested analysis and materials given the required time frames.

Chairman DeBrodt asked if WEO, Len Johnson, had any comments on the application. Len

Johnson explained that until the analysis is received, he does not have any comments.

Motion made by Commissioner Thompson and seconded by Commissioner Ribe to

continue the public hearing to March 7th 2023, at 7:00 PM as requested by the applicant.

Motion passed unanimously.

CONTINUE

RESULT:

Lynmarie Thompson

Beth E. Ribe

MOVER:

SECONDER:

NEW BUSINESS

None.

VI.

REPORTS

Wetlands Officer Report

Wetlands Enforcement Officer, Len Johnson explained that majority of his focus has been on the

Avery Brook Homes Application. He stated that once the renovation analysis report is submitted,

he will be able to give more insight to the Commission. Mr. Johnson also stated that he

examined an 'As of Right' application this month at 24 Partridge Hollow in Gales Ferry.

VII. APPROVAL OF MINUTES

Draft Meeting Minutes - January 3, 2023

Motion was made by Commissioner Pealer and seconded by Commissioner Maugle to

approve the Janaury 3, 2023 minutes as submitted. Motion passed unanimously.

APPROVED AND SO DECLARED

Dan Pealer

RESULT:

MOVER:

Paul Maugle

SECONDER:

VIII. MEETING REVIEW

Planning Director, Juliet Hodge asked the Commission which documents, if any, they would

prefer in their meeting folder as staff would like to move towards a paperless meeting if

possible. Some Commission members liked to physically have some of the material at the

meeting and others preferred electronic. As such, staff decided to continue with electronic

distribution of everything other than the agenda and staff reports unless otherwise requested to

provide a paper copy.

Chairman DeBrodt pointed out that it would also be beneficial to share documents on the screen

(ZOOM) so the Commission and members of the audience can view them at the time of

discussion.

Commission members reviewed their meeting, noting that the technology worked well, and that