741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes

Chairman

Justin DeBrodt

Regular Meeting

Tuesday, May 2, 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 P.M. 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, Alex Samalot, Zoning Enforcement Staff, 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

None.

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 26 lots in a proposed 8-30g Re-Subdivision located on 94, 96, 98

and 100 Stoddards Wharf Rd, Ledyard CT.

The Commission did not deliberate any further.

Attorney Landolina with the help of Planning Director, Juliet Hodge and Wetlands Enforcement

Officer, Len Johnson, drafted a motion for the Commission to consider.

Commissioner Ribe moved to deny Application #IWWC 22-18 URA Avery Brook Homes,

LLC 1641 Rt 12, Gales Ferry for regulated activities associated with the siting of 26 homes

with associated grading and utilities on 94, 96, 98, and 100 Stoddards Wharf Road,

Ledyard.

In denying this application the Commission finds that:

1) The application is incomplete. The Commission requested information from the

applicant related to an “Effluent Renovation Analysis”. The Analysis presented failed to

evaluate all parameters requested by the Commission as reflected in the record.

2) The Applicant failed to sustain its burden to show by substantial evidence as reflected in

the record that it has met the standards in Section 10 of the Town’s wetlands regulations

including but not limited to:

a. Section 10.2a. Evidence presented on the record establishes that the proposed

activities will likely have an adverse impact on regulated areas, including the

drinking water resources of the Groton Utilities Company on adjacent property.

While the Commission heard conflicting testimony from experts the Commission

finds the testimony of and evidence provided by the experts for the intervenor,

Groton Utilities, to be more compelling.

b. Section 10.2b. The applicant has failed to show feasible and prudent alternatives

do not exist which would cause less or no environmental impact to wetlands or

watercourses or other resources over which this Commission has jurisdiction.

c. Section 10.2c. The applicant failed to establish by substantial evidence that the

maintenance and enhancement of long-term productivity of the wetlands or

watercourses would not be substantially harmed when considered against the

short-term and long-term impacts of the proposed regulated activity on wetlands

or water courses.

d. Section 10.2d. The applicant failed to establish by substantial evidence that no

irreversible and irretrievable loss of wetland or watercourse resources would be

caused by the proposed regulated activity.

e. Section 10.2e. The applicant failed to establish by substantial evidence that its

proposed activity would not reduce the wetlands’ or watercourses’ natural

capacity to support desirable biological life, prevent flooding, supply water,

control sedimentation and/or prevent erosion, assimilate wastes and facilitate

drainage;

f. Section 10.2f. The applicant failed to establish by substantial evidence that the

extent to which the exercise of property rights and public benefit derived from

such use would outweigh or justify the possible degradation of the inland wetland

or watercourse or interfere with the exercise of other property rights and the

impairment or endangerment of public health, safety and welfare;

g. Section 10.2g. The applicant failed to propose any measures which would

mitigate the impact of any aspect of the proposed regulated activity(s) so as to

avoid adverse impacts or lessen impacts to wetlands and watercourses and which

could be feasibly carried out by the applicant and would protect or enhance the

wetlands’ or watercourses’ natural capacity to supply water, control

sedimentation, prevent erosion, assimilate wastes and facilitate drainage.

3) Given the location of the proposed activity within a sensitive watershed area and adjacent

to a public water supply the proposal to locate 26 subsurface sewage disposal systems in

this area creates a likely adverse impact to regulated areas and the public water supply.

The Southeastern Connecticut Drinking Water Quality Management Plan recommends a

density guideline for water supply watersheds of one dwelling per two acres. The

Commission recommends as a feasible and prudent alternative to the proposed activity

that the density of the project be reduced to four to six single family homes.

4) The Commission, having granted Intervenor status under C.G.S. § 22a-19 to the Groton

Utilities Company, based upon the substantial evidence in the record specifically

including but not limited to the testimony of its expert, Michael Giggey, finds that the

proposed activity is reasonably likely to have the effect of unreasonably polluting,

impairing or destroying the public trust in wetlands, watercourses and public drinking

water supplies all of which are natural resources of the State.

Commissioner Maugle seconded the motion. Motion passed unanimously.

DENIED

RESULT:

Beth E. Ribe

Paul Maugle

MOVER:

SECONDER:

Application IWWC#23-2URA of Gales Ferry Intermodal LLC, 549 South Street, Quincy, MA

02169, for activity in the upland review area at the Gales Ferry Intermodal LLC property, 1761

CT Route 12, Ledyard, CT 06339 in conjunction with aggregate removal and site preparation for

the creation of building locations to accommodate the siting of future industrial buildings

(mixed-use / industrial).

Attorney. Harry Heller, 736 Route 12, Uncasville, presented the application on behalf of the

applicant. Also present were Andrew McCoy, associate of Heller, Heller and McCoy, Mike

Cherry, the project's Community Liaison, George Andrews, Lead Engineer from Loureiro

Engineering, and George Logan, Wetlands Scientist and Ecologist.

Mr. Andrews and Mr. Logan reviewed the proposal and answered questions regarding the

potential impacts to the different wetlands on the property and the potential increase in water

run-off in some areas and decrease in others.

Atty. Heller stated that at the end of the project, there would be more and better functioning

wetlands than are currently on the property. He stated that the applicant would post a bond to

cover the continual monitoring of the impact of the excavation activity on the wetlands and to

cover any initial mitigation.

The Commission requested information regarding test results from the landfill monitoring wells;

the different options to enhance Wetlands "x" and "y" as well as possible additional mitigation

sites should they be needed; the exact outline of the capped landfill area near the new proposed

wetlands; and slope cross sections and proposed elevations (benched slopes).

The Commission decided to continue discussion on the application to next meeting, as they felt

they needed more information to determine if a public hearing was necessary.

CONTINUE

RESULT:

NEW BUSINESS

None.

VI.

CORRESPONDENCE

None.

VII. REPORTS

Wetlands Enforcement Officer Report

Wetlands Enforcement Officer, Len Johnson, identified the properties he visited throughout the

month, as well as the applications he reviewed.

VIII. APPROVAL OF MINUTES

Draft Meeting Minutes - April 4, 2023

The Commission made suggested comments. The draft meeting minutes were approved as

amended.

APPROVED AS AMENDED

Lynmarie Thompson

Paul Maugle

RESULT:

MOVER:

SECONDER:

Site Walk for IWWC#23-2URA - April 26, 2023

The meeting minutes from the Site Walk on April 26, 2023, were approved as submitted.

APPROVED AND SO DECLARED

Lynmarie Thompson

RESULT:

MOVER:

Beth E. Ribe

SECONDER:

IX.

MEETING REVIEW

The Commission reviewed their meeting. The Commission determined that technology worked

well, the meeting started on time, and appreciated the written motion from staff.

ADJOURNMENT

The meeting was adjourned at 8:45 PM.

This was Approved and so declared.

APPROVED AND SO DECLARED

Dan Pealer

RESULT:

MOVER:

Beth E. Ribe

SECONDER:

_____________________

Chairman, Justin DeBrodt

______________

Date