741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes - Final

Chairman

Justin DeBrodt

Tuesday, July 2, 2024

7:00 PM

Council Chambers -Hybrid Format

REMOTE MEETING INFORMATION

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CALL TO ORDER

Chairman DeBrodt called the meeting to order at 7:00 p.m. at the Council Chambers, Town Hall

Annex Building.

II.

ROLL CALL

Chairman Justin DeBrodt

Vice Chair Paul Maugle

Present

Commissioner Lynmarie Thompson

Commissioner Beth E. Ribe

Commissioner Dan Pealer

Excused

In addition, the following were present:

Liz Burdick, Director of Land Use and Planning

Alex Samalot, Zoning and Wetlands Official

Anna Wynn, Land Use Assistant

Attorney Rob Avena, Suisman & Sharpio

Attorney Harry Heller, Heller Heller & McCoy

III.

CITIZENS COMMENTS

Anne Roberts-Pierson, 4 Anderson Drive, Gales Ferry addressed the Commission with errors

related to the last meeting’s minutes by identifying a wrong name used for a motion.

IV.

OLD BUSINESS

Discussion and possible action on legal jurisdiction for PCZ Application #24-2RESUB - 96, 98,

and 100 Stoddards Wharf Rd.,Agent: Harry Heller, Esq., Heller, Heller & McCoy -

Applicant/Owner: Avery Brook Homes, LLC, for an 18-Lot Resubdivision/Affordable Housing

Development pursuant to CGS §8-30g.

Chairman Debrodt read Attorney Avena’s email into the record which stated that he advises the

Commission decline jurisdictional rights over #24-2RESUB.

Attonery Avena addressed the Commission to further explain his email and recommended

adding verbiage in the future that would afford the ability to extend jurisdiction under that

language to events and occurrence that may affect the buffer or wetland extent.

Attonery Avena stated that in this situation the Commission is looking at a 22-A intervention

petition that is proceeding with a full public hearing with both the applicant and the intervenor

and the PZC Commission. Attonery Avena stated that the petition does not necessitate

extending the possible jurisdictional issue that the Commission is facing.

Attonery Avena stated that is it for these reasons he advises his initial opinion on the issue.

Attonery Heller addressed the Commission and stated that the issues at hand are not an issue of

impact but an issue of jurisdiction. Attonery Heller stated that jurisdiction is the legal ability of a

body politic or municipality to act. Attonery Heller stated that without jurisdiction there is no

power to act and no power to regulate.

Attonery Heller stated that the Town of Ledyard IWWC regulatory language is not defined in

such a way that would allow The Commission to regulate or act on #24-2RESUBB. Attonery

Heller stated that he laid out in detail in his Memoranda where Ledyard Zoning regulations are

deficient and why based on the language used, the internal consistency and the punctuations they

have defined two areas of jurisdiction.

Attonery Heller stated that the first area of regulation is for activities taking place in wetlands or

watercourses and the second is specific activities occurring in the upland review areas that are

defined as 100 feet from the wetlands and water course boundary. Attonery Heller stated that

Connecticut law allows municipalities to regulate activities occurring outside the upland review

area if the Commission makes a determination that there is a negative impact. Attonery Heller

stated that this can only be done one the Commission has enacted regulation that has allowed

them to do so. Attonery Heller stated that the Commission has not done this.

Attonery Heller stated that the applicant’s position is that no application has been filed and there

is nothing pending and there is no review because there are no wetlands on the property.

Attonery Heller stated that is of his opinion that there is really nothing for the Commission to do.

Commissioner Thompson asked Attonery Heller to comment on how regulated activity of

Ledyard zoning regulation located on page 8 of the regulations does not meet requirements for

jurisdiction.

Attonery Heller stated that for two reasons the regulation does not afford jurisdiction. Attonery

Heller stated that the first sentence of the regulation states an activity is regulated only if it is in a

wetland or watercourse. Attorney Heller stated that the rest of the sentence delimitates specific

activities. Attonery Heller said that the critical language of the regulation is that the regulated

activity must occur in wetland or watercourse upland review area.

Attonery Heller cited case law demonstrating his position.

Commissioner Maugle commented that the property was a watercourse at one point and asked if

that would not constitute jurisdiction.

Attonery Heller responded that the property did not become a watercourse until Groton Public

Utilities build a dam.

Director Burdick commented that CT DEEP Model Wetland Regulations provides guidance on

implementing regulated areas definitions. Director Burdick stated that her staff is already

working on bringing something to the next meeting to help implement some changes to the

Commission’s regulation that would allow them to regulate past the upland review area.

Commissioner Thompson asked Director Burdick if the Commission declines jurisdiction and

the application goes before the PZC, what will the PZC make decisions based upon.

Director Burdick responded that normally the PZC would make decisions based on town zoning

regulations but because the application is an 8-30g application regular zoning regulation do not

apply. Director Burdick stated that the PZC will make decisions based on the health and safety

of the project.

Director Burdick stated that she is pursuing an independent review of the wastewater renovation

analysis.

Commissioner Thompson asked Director Burdick to clarify if and when the application goes

before the PZC if they will have the jurisdiction to make decisions concerning the watercourses

and human health.

Director Burdick responded that yes they will have jurisdiction over those matters but not over

wetlands. Director Burdick also added that the intervenor, Groton Public Utilities, will also have

experts reviewing the wastewater renovation analysis.

Commissioner Thompson asked Director Burdick if the IWWC would be allowed to provide the

PCZ a letter with comments concerning the potential impact on wetlands and watercourses.

Director Burdick responded that not unless you have jurisdiction concerning the application.

Director Burdick explained that there are different situations where subdivision applications will

come to the IWWC. The first situation is if there are wetlands located on the property but there

is no proposed regulated activity, in which case only a favorable or unfavorable report with

conditions will be given. The second instance is when regulated activities are proposed, but the

IWWC does not approve subdivision applications, they only regulate specified activities in

regulated areas.

Chairman DeBrodt commented that the discussion at hand concerns jurisdictional issues not the

variants of an application that is not submitted.

Attorney Heller stated that what has been identified is another but different jurisdictional issue

because under 8-26 of Connecticut General Statues, it requires an application to be filed with

IWWC even if there aren’t any regulated activities occurring. Attorney Heller stated that in this

case there are no wetlands on the property.

Chairman Justin Debrodt stated to the other Commissioners that they are ready to create a

motion concerning jurisdiction.

MOTION that the Inlands Wetlands and Watercourses Commission does not have jurisdiction

over PZ#24-2RESUB 18 LOT Subdivision 96,98, and 100 Stoddards Wharf Rd

MOVER: Commissioner Thompson

SECONDER: Commissioner Ribe

DISCUSSION

Commissioner Maugle asked how the IWWC can approve a motion on a subdivision the

Commission has not seen.

Attorney Avena replied to summarize that there are no wetlands on the proposed subdivision or

wetlands within 100 feet for the Commission to have jurisdiction over.

Director Burdick added that this application is not the same as the one that came before that

included wetlands.

The Commissioners discussed amongst themselves different aspects of jurisdiction and potential

impact on surrounding areas.

Attorney Aeva commented that the proposed application is an 8-30g application and does not

adhere to normal zoning regulations, but does require examination of the health and safety of the

project.

Commissioner Thompson asked Attorney Avena is it would be possible for the IWWC to take

no action by neither claiming or declining jurisdiction.

Attorney Avena stated that was acceptable because there is no application before the

Commission.

The Commission discussed the motion on the table.

AMENDED MOTION that the Inlands Wetlands and Watercourses Commission take no action

on the jurisdiction of PZ#24-2RESUB 18 LOT 96, 98, 100 Stoddards Wharf Rd

Note: Motion failed for lack of second

MOTION FAILED

Lynmarie Thompson

RESULT:

MOVER:

The Commission discussed the motion on the table.

Director Burdick and Attorney Avena made supporting comments regarding legal terminology

and processes.

MOTION that the Inlands Wetlands and Watercourses Commission does not have jurisdiction

over PZ #24-2RESUB for 18 LOT Subdivision for Uplands Review

MOTION FAILED

Lynmarie Thompson

Beth E. Ribe

RESULT:

MOVER:

SECONDER:

DeBrodt Ribe

Maugle Thompson

Pealer

AYE

NAY

EXCUSED

MOTION that the Inlands Wetlands and Watercourses Commission will take no action

regarding jurisdiction over PZ#24-2RESUB for 18 LOT Subdivision.

APPROVED AND SO DECLARED

Lynmarie Thompson

RESULT:

MOVER:

Paul Maugle

SECONDER:

DeBrodt Maugle Thompson Ribe

Pealer

AYE

EXCUSED

NEW BUSINESS

IWWC#24-9 - 19, 29 & 39 Military Highway (Parcel IDs: 91-1590-19, 29 & 39), Gales

Ferry, CT - Applicant/Owner: C.R. Klewin LLC for approval of regulated activities associated

with construction of a 320-unit multifamily residential housing development and associated site

improvements. (Submitted 6-24-24, Date of Receipt 7-2-24, Decision Required Date 9-4-24).

Director Burdick stated that the application was recently submitted, that staff has not yet

reviewed and recommended the application be tabled to the 8/6/24 meeting of the IWWC.

VI.

REPORTS

Staff Report - Designated Agent/WEO

ZWEO Alex Samalot reviewed his monthly staff report with the Commission.

Director Burdick discussed time frames for regulations amendments.

RECEIVED AND FILED

RESULT:

VII. APPROVAL OF MINUTES

MOTION to approve the Inland and Wetlands Commission regular meeting minutes of June 4,

2024

APPROVED AND SO DECLARED

Beth E. Ribe

RESULT:

MOVER:

Paul Maugle

SECONDER:

DeBrodt Maugle Thompson Ribe

Pealer

AYE

EXCUSED

VII. ADJOURNMENT

Commissioner Ribe moved the meeting be adjourned, seconded by Commissioner Maugle

The meeting adjourned at 8:11p.m.

VOTE: 4-0 Approved and so declared

Respectively Submitted,

_______________________________

Chairman Justin DeBrodt

Inlands Wetlands and Watercourses Commission

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

Town.