741 Colonel Ledyard Highway

Ledyard, Connecticut 06339

TOWN OF LEDYARD

Inland Wetland and Water Courses

Commission

Meeting Minutes

Chairman

Justin DeBrodt

Regular Meeting

Tuesday, July 11, 2023

7:00 PM

Town Hall Annex Meeting Room

-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 Official, 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

Excused

III.

CITIZENS COMMENTS

Anne Robert-Pierson, 4 Anderson Dr, spoke against the IWWC#23-2URA application. She

expressed concern about lack of information about the application and the disturbance to the

land.

Chairman DeBrodt explained to Ms. Robert-Pierson, that public comment on the

IWWC#23-2URA was inappropriate seeing that the application was not classified as a public

hearing. Only applications that are classified as public hearings, can hold public comment.

Kevin Blacker, 108 Main Street, Noank, asked the Commission for clarification on what the

definition of public comment is. He believed that the Commission was trying to limit the public

from voicing their opinions.

Planning Director, Juliet Hodge, explained that "Citizens Comments" under this agenda item are

limited to non-agenda items. Public can comment on applications during the appropriate time in

a public hearing. She explained that discussing an application that is currently before the

Commission during the "public comment" portion of the meeting - whether or not it requires a

public hearing, is not permitted.

Mike Cherry, 5 Whipporwhirl Dr, wanted to state that in Section 9 of the Inland Wetland and

Water Courses Regulations, the Commission is bound to follow regulations, which are bound to

follow State Statute. Therefore, the public is not allowed to comment on applications that are not

classified as public hearings.

IV.

OLD BUSINESS

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).

Atty. Harry Heller, 736 Route 32, Uncasville, was present on behalf of the applicant. Also

present on behalf of the applicant were George Andrews, with Lourerio Engineering, Allan

Perrault, with Gales Ferry Inter Modal, Mike Cherry, Community Liaison, and Andrew McCoy,

an associate of Heller, Heller & McCoy.

Atty. Heller explained that the citizens' comments were inappropriate procedurely, and that they

were not relevant to anything within the Commission's jurisdiction. He noted that the applicant

does not take their proposed activities lightly, and have completed numerous studies in order to

properly evaluate the impacts to the wetlands.

Atty. Heller stated that the applicant agreed to the Commission's request from the last meeting,

that the applicant complete the full mitigation prior to the completion of the first phase of the

proposed excavation. He stated that testing confirmed that the hydrology at the site is sufficient

for wetland creation. The test results were reviewed by George Logan. The applicants are

proposing the creation of 19,200 square feet of new wetlands to mitigate the direct impact to

wetlands z (1,700sf) and potential impacts to wetlands y and z.

Commissioner Maugle asked questions about the final topography and the potential increase in

water run-off from the site.There was discussion about the proposed elevations, sediment traps

and proposed grading. George Andrews reviewed the cross-section drawings provided on the

revised plans.

Atty. Heller noted that before any construction can start on a parcel over five acres, the project

has to be registered under the Connecticut Storm Water Permit for Construction Activities. Atty

Heller also noted that George Andrews will monitor the site weekly under this permit, and will

file reports with the Town weekly.

Commissioner Ribe asked questions about the proposed monitoring of the new wetlands to

ensure that they function properly.

Atty. Heller explained that George Logan would supervise the mitigation monitoring for 5 years.

Lengthy discussion continued on whether activity was significant, and whether a public hearing

was needed. Staff and Atty. Heller answered questions and provided input.

Commissioner Ribe moved to classify IWWC#23-2URA as a B activity according to 6.2 of

the regulations for the following reasons:

1. The applicant is providing 19,000 square feet of new, higher quality wetlands to mitigate the

1,700 square feet of direct impact to Wetland Z and potential indirect impacts to wetlands X &

2. There is no better location that can be reasonably required;

2. There are no further technical improvements possible or reasonable at this time; and

3. The public benefits justify the anticipated degradation of regulated wetlands areas.

Seconded by Commissioner Pealer.

Motion Passed Unanimously

RESULT: APPROVED

Commissioner Thompson moved to approve IWWC#23-2URA with the following

stipulations:

1. In the event that the annual monitoring of the created wetlands indicates a diminution or

failure, the applicant will provide a plan to remedy within 60 days, and act on that plan.

2. Mitigation must be completed prior to the completion of phase I.

Seconded by Commissioner Maugle

Motion Passed Unanimously

RESULT: APPROVED

APPROVED WITH CONDITIONS

Lynmarie Thompson

RESULT:

MOVER:

Paul Maugle

SECONDER:

Application IWWC#23-4SITE of B+R Holding Company LLC, of 1358 Baldwin Hill Road,

Gales Ferry, CT 06335 for processing of earth materials and removal of ledge at 1340 Baldwin

Hill Road, Gales Ferry, CT 06335.

Peter Gardner, 1641 Route 12, Gales Ferry, was present on behalf of the applicant. Chris

McLaughlin was also present. Mr. Gardner reviewed the changes made to the application based

on the informal field walk and staff comments. Mr. Gardner identified the berm area within the

upland review area that has been there for years, and a portion of which encroaches the existing

Conservation Easement Area on the property. He reviewed the site access, proposed areas to be

excavated, the existing haul road and the conservation easement area.

Staff asked about the possibility of removing material from the conservation easement area and

using it to extend the berm to the south. Commissioner Maugle asked questions about potential

runoff towards the wetlands. Mr. Gardner agreed to extend the berm to better protect the

wetlands. Staff also requested that the conservation easement areas be marked in the field.

Commissioner Pealer moved to classify application IWWC#23-4SITE as a B Activity,

non-significant, according to 6.2 of the regulations for the following reasons:

1. No other location or technical improvements are reasonably required or possible.

2. Little if any reduction to the natural capacity of the wetlands.

Motion passed unanimously

RESULT: APPROVED

Commissioner Pealer moved to approve application IWWC#23-4SITE with the following

conditions:

1. The Conservation Easement area boundaries must be marked.

2. Existing earthen material within the Conservation Easement Area shall be removed and used

to extend existing berm further south as indicated on the map submitted and revised at the

meeting.

Seconded by Commissioner Ribe.

Motion passed unanimously

RESULT: APPROVED

APPROVED WITH CONDITIONS

Dan Pealer

RESULT:

MOVER:

Beth E. Ribe

SECONDER:

NEW BUSINESS

None.

VI.

REPORTS

Wetland Enforcement Official Report

Len Johnson, Wetlands Enforcement Official, presented his report for the month. He explained

that there has not been much wetlands activity, other than the applications that were presented

during the meeting.

VII. APPROVAL OF MINUTES

Draft Meeting Minutes - June 7, 2023

The Commission discussed the draft minutes and agreed to add the word "informal" in front of

the word "sitewalk."

Commissioner Ribe moved to approve the Draft Meeting Minutes from the June 7th

meeting as amended.

Seconded by Commissioner Pealer.

Motion passed unanimously.

RESULT: APPROVED

APPROVED AS AMENDED

Beth E. Ribe

RESULT:

MOVER:

Paul Maugle

SECONDER:

VIII. MEETING REVIEW

Chairman DeBrodt reviewed the meeting. The Commission noted some technical difficulties at

the beginning of the meeting, as the meeting location changed unexpectedly.

There was discussion about the purpose of the public comment at the beginning of the meeting.

Staff explained that this public comment was reserved for items that are not on the agenda and

explained why public should not be allowed to comment on applications before they came up on

the agenda. The Commission wanted to make sure residents' concerns were being addressed.

The Commission decided that they need to be more prepared to classify applications and draft

motions to consider.