741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes - Final

Chairman

Justin DeBrodt

Regular Meeting

Tuesday, January 7, 2025

7:00 PM

Council Chambers -Hybrid Format

CALL TO ORDER

Vice Chair Ribe called the meeting to order at 7:00 p.m. at the Council Chambers, Town

Hall Annex Building and on Zoom.

II.

PLEDGE OF ALLEGIANCE

III.

ROLL CALL AND APPOINTMENT OF ALTERNATES

Chairman Justin DeBrodt

Present

Commissioner Dan Pealer

Commissioner Lynmarie Thompson

Vice Chair Beth E. Ribe

Commissioner Michael E. Marelli

Alternate Member James Thompson

Alternate Member Robert Graham

In addition, the following were present:

Director of Land Use & Planning, Elizabeth Burdick

Land Use Attorney, Robert Avena

Zoning Enforcement Officer, Hannah Gienau

Land Use Assistant, Anna Wynn

IV.

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

AGENDA

None.

CITIZENS PETITIONS (NON-AGENDA ITEMS ONLY)

None.

VI.

PRE APPLICATION DISCUSSION AND/OR WORKSHOP

None.

VII. PUBLIC HEARINGS/APPLICATIONS

IWWC24-10RA - Proposed Text Amendments to Inland Wetlands and Watercourses

Regulations Sections 2.1, 7.5.b, 7.6.1, 7.8, 7.9, 11.6, 19.b, & 20 - Applicant, Ledyard

Inland Wetlands & Watercourses Commission, Justin DeBrodt, Chairman, (Date of Receipt

9/3/24, PH opened 11/12/24, PH Cont. to 12/3/24, PH Cont. to 1/7/25, PH must close by

N/A, DRD N/A).

Director Burdick stated that a new exhibit has been added to the record for application

IWWC#24-10RA entitled “Memorandum Regarding Attorney Avena Review of Proposed

Regulation Amendments to Ledyard Inland Wetlands & Watercourses Regulations” prepared

by Attorney Robert Avena & the Director of Land Use & Planning, Liz Burdick. The

document will be marked as exhibit #7 for the record. She reviewed the nature of the

document with the Commission stating that it includes the current regulations, the original

proposed amendments and finally the suggestions by Attorney Avena.

Director Burdick invited Attorney Avena to begin reviewing the document with the

Commission.

Attorney Avena of Suisman & Shapiro, 75 State Street, New London, CT Land Use Attorney

for the Town of Ledyard, began his review. He reviewed the previously completed legal

requirements of the applications as well as the work staff had done to review and gather

information for the Commission. Attorney Avena reviewed modification of 2.1 with the

Commission.

Commissioner Pealer clarified that Attorney Avena’s suggested modification would allow

interested parties the opportunity to rebut assertions made by the Commission as opposed to

the original modification that states that the “The IWWC may rule that any other activity

located within such upland review area or in any other non-wetland or non-watercourse area

is likely to impact or affect wetlands or watercourses and is a regulated activity”. Attorney

Avena said that was correct and confirmed Commissioner Pealer’s interpretation of the

amendment.

Commissioner Lynmarie Thompson and Attorney Avena clarified that the regulation

amendment defines the likelihood of impact but not the degree. Commission Lynmarie

Thompson asked what the procedure for Town staff to determine the significance of an

impact to the wetlands would look like.

Attorney Avena stated that if significant impact was determined there would be expert

testimony to support that conclusion and that the Commission would not be left to make that

assertion on their own without support. He spoke about the Wetlands Official being

responsible for reviewing all significant impact applications and thoroughly reviewing the

application.

Director Burdick commented that because of the nature of the issue they will have to take

each application as they come since every situation is unique. She stated that every

application will go through the Wetlands Agent and if the staff feel they need more support

they will hire an outside certified soil scientist.

Vice Chair Ribe and Director Burdick discussed the cost burden related to these procedures.

Attorney Avena reviewed language changes on 7.5.b. with the Commission. The

Commission and town staff discussed and defined sewer lines, drainage and flow. They

discussed the usage of the water in the regulation. The clarified regulation amendment is not

trying to assert jurisdiction; it is trying to certify information.

Town staff and the Commission discussed regulation amendment 7.6.1 concerning digital

data which would ask that applicants for large complex applications submit their completed

projects in a digital format that can be overlayed onto the town GIS. The Commission did

not have any comments about the regulation amendment.

Town staff and the Commission discussed modification of section 7. 8. They discussed the

irrelevance of the language. They discussed the timeline of approved permits and expiration

dates.

They discussed the remaining regulation changes. The Commission opened the floor to

public comment.

Attorney Brian Smith of Robinson & Cole, LLP, 1 State Street, Hartford, CT, attending via

Zoom, stated several concerns for the Commission’s consideration. He stated his concerns

regarding regulation modification of 2.1 and clarity for developers. He additionally raised

concerns with 7.5.b. stating that the proposed language of water is not stated clearly for

potential developers and applicants and that it might lead to confusion in terms of what

information is necessary to include in their plan.

Director Burdick commented that because these new proposals were only made public at the

meeting this evening, they should be posted online and given a chance for the public to see

them and make comments before the hearing is closed.

Commissioner Lynmarie Thompson and Attorney Smith clarified that the 22.A.40

regulations are part of State Statues and that they contain uses of right and other activities

that do not need to come before the Commission.

Attorney Avena concurred with a few statements by Attorney Smith.

Michael Cherry, 5 Whippoorwill Drive, Gales Ferry, made comments to the Commission

stating that he approves of the additional language changes. He discussed comments made by

Attorney Brian Smith and 22.A.40 in relationship to the regulation amendments.

Commissioner Lynmarie Thompson and staff confirmed that regulation 7.5 refers to State

Statue. They continued to discuss and clarify the language of sewage or sewer lines and other

language.

Michael Cherry, 5 Whippoorwill Drive, Gales Ferry, commented that sewer lines and water

lines are on municipal property or in the road right aways so they are unlikely to come before

the Commission.

The Commission continued to discuss how restrictive the proposed language would be.

Attorney Avena suggested that the new modifications of the proposed regulations be made

available for the public before the Commission decide on them.

Alternate Graham commented via Zoom that the language seems to be defining sewage

effluent.

Director Burdick stated that the memo that staff and the Commission had been discussing

will be posted online and marked as an exhibit. She recommended that the Commission

continue the public hearing until the IWWC Regular Meeting of February 4, 2025.

MOTION to continue the public hearing on IWWC#24-10RA to the IWWC Regular

Meeting of February 4, 2025 at 7:00 p.m. in the Town Hall Annex and on Zoom

CONTINUE

RESULT:

Dan Pealer

MOVER:

Lynmarie Thompson

SECONDER:

DeBrodt, Pealer, Thompson, Ribe, and Marelli

AYE:

Discussion & Decision: IWWC24-10RA - Proposed Text Amendments to Inland Wetlands

and Watercourses Regulations Sections 2.1, 7.5.b, 7.6.1, 7.8, 7.9, 11.6, 19.b, & 20 -

Applicant, Ledyard Inland Wetlands & Watercourses Commission, Justin DeBrodt,

Chairman, (Date of Receipt 9/3/24, PH opened 11/12/24, PH Cont. to 12/3/24, PH Cont. to

1/7/25, PH must close by N/A, DRD N/A).

NO ACTION

RESULT:

VIII. OLD BUSINESS

None.

IX.

NEW BUSINESS

IWWC#24-21SITE 8, 9 & 11 Colby Drive, Ledyard, CT, (Parcel IDS: 68-520-8, 68-520-9,

68-520-11) - Applicant/Agent, Norm Eccleston - Owner, Habitat for Humanity of Eastern

CT, for approval of regulated actives for construction of 27 single and multifamily houses

and associated site improvements and completion of the ext. of Colby Drive including

utilities, drainage structures, and detention pond (Date of Receipt 1/7/25)

Director Burdick read from her staff memo regarding application IWWC#24-21SITE. She

stated that the department had just recently received the application but based on initial

review she stated that the application is incomplete. She stated that the application does not

clearly define what regulated activity the applicant is asking permission to perform. She

recommended to the Commission that they receive the application this evening, but table it

until the next IWWC Regular Meeting on February 4, 2025. She stated that the applicant will

be coming into the office next week to review the plan and incorporate more details into the

application.

Commissioner Lynmarie Thompson and Director Burdick clarified where Colby Drive is

located in town. Director Burdick gave a brief history on the subdivision.

Vice Chair Ribe asked if the application is an 8-30g housing development. Director Burdick

stated that it would be. Staff and the Commission briefly discussed 8-30g applications

regarding town percentages.

MOTION to table application IWWC#24-21SITE to the IWWC Regular Meeting on

February 4, 2025 at 7:00 p.m. in the Town Hall Annex and on Zoom.

TABLED

RESULT:

Dan Pealer

MOVER:

Lynmarie Thompson

SECONDER:

APPROVAL OF THE MINUTES OF PREVIOUS MEETINGS

MOTION to approve IWWC Regular Meeting Minutes of December 3, 2024

Anna Wynn, Land Use Assistant stated that the staff is currently undergoing issues with the

website software and many of the minutes online are displaying incorrectly. She clarified that

the official copy to be signed are correct, however.

Chairman DeBrodt asked if there was a way to add a first initial for both each Commissioner

Thompson. Staff said they would see what they could do.

MOTION to approve the IWWC Regular Meeting Minutes of December 3, 2024

APPROVED AND SO DECLARED

Lynmarie Thompson

Dan Pealer

RESULT:

MOVER:

SECONDER:

DeBrodt, Pealer, Thompson, Ribe, and Marelli

AYE:

XI.

CORRESPONDENCE

None.

XII. REPORTS

Staff Report - Designated Agent/WEO

Hannah Gienau, Zoning Enforcement Official, stated that her staff report is included in their

folders and then she summarized the document.

Director Burdick stated that she and Ms. Gienau have been working diligently on a case with

two property owners where a driveway was being constructed, and some rocks were removed

and may have drained a pond on the other property. She stated that they may need to come in

front of the Commission at a later date for an As of Right.

XIII. ADJOURNMENT

Commissioner Pealer moved the meeting be adjourned, seconded

by Commissioner Marelli

The meeting adjourned at 8:27 p.m.