Key points Removal of property owners sand by the Town of Madison, CT on 8/31/2011 and 9/1/2011 following Hurricane Irene.

1. At various points along Circle Beach, 15-20 linear feet by 4-6 feet deep of sand was eroded by Hurricane Irene and washed up onto our back lots and Circle Beach Road. 2. The erosion has exposed cottage/property support pilings, foundations, sea walls, septic systems, water systems, and other critical infrastructure.

5. Seashore Construction Company is the contractor hired to remove our sand. We have been informed that the Towns First Selectman who represents our ward, Mr. McPherson, was involved in organizing the contract with Seashore Construction Co. to remove our sand, and the project is overseen by the Towns engineer, Mr. Mike Ott. 7. Mr. Otts reasons for removing our sand are unfounded. Most of the properties have plenty of land that is not in the high tide zone or near utilities, or they dont have utilities in need of repair. The high tide zone is in front of our cottages and, therefore, the structures themselves and driveways are above the high tide zone and meet the Towns requirements as a suitable place for the sand from the road. Also, there are several open lots where the owners sand could be stockpiled while repairs are made. 9. We are under the impression that Circle Beach Road is not owned by the Town but instead by us property owners. The Town has an easement over our properties and maintains the road year round. The road bisects our properties.

4. The amount of our familys sand removed on 8/31/2011 is approximately 66 cubic yards. We have a 40-foot wide lot and the sand was about 3 feet deep on the roadbed. Given that Circle Beach is nearly mile long, we estimate that about 2,000 cubic yards of sand will have been removed from Circle Beach to Town property by 9/1/2011.

3. Neighbors reported that at approximately 7:00 am 8/31/2011, the Seashore Construction Company began removing the sand from the road, depositing it in dump trucks, and taking it to one of the Towns public beaches, The Surf Club. This will continue on September 1, 2011.

6. Mr. Ott spoke with property owners on 8/31/2011 and gave these reasons for removing the property owners sand: the town decided not to place the sand in the high-tide zone or over utilities that need to be repaired.

8. Neither Mr. Ott nor any other Town official discussed this policy with us property owners or notified us of the impending removal.

11. This is an ongoing action: The Town has removed sand in previous years without prior notice or compensation to property owners. When the town removes the sand, property owners incur additional financial costs to bring sand back to protect their properties. The towns continual removal of our sand over the past years has led to severe erosion of our beach areas, undermined building supports, and loss of usage rights.

10. The current policy a) compensates Seashore Construction by the town to plow the road, b) compensates Seashore Construction by the town to remove our property and haul it to the Towns public areas, c) forces us property owners to buy additional sand from Seashore Construction and other companies to repair our properties, and d) illegally takes our private property for public use without notification or compensation to us property owners.