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Staff reports uptick in wetland violations; 99 Holly Lane litigation pending
Summary
Commission staff reported several active wetland enforcement matters — including retroactive permit work and investigations at multiple addresses — and said the 99 Holly Lane dispute is before a judge with a decision expected within 120 days.
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Commission staff reported an increase in reported inland wetland violations and provided updates on multiple enforcement matters and related projects during the meeting.
Staff said they have issued two recent administrative approvals — an in-ground pool at 53 Ashwood Terrace and tree removals/rehabilitation at 5555 Wildwood Drive — and are seeing more wetland complaints from the public. Ongoing enforcement items described in the report include mitigation planning on Elm Street with William Kenny Associates, a confirmed clean fill source and a pending retroactive permit request for work at 82 Circle Drive (near Cooks Pond), and litigation and boundary issues affecting properties including 7 Oakview Drive and 951 Beaver Dam Road.
Staff reported observing an apparent unpermitted retaining wall and steps placed in the bed of Beaver Dam Lake and said a cease-and-desist letter is being prepared. A separate incident involving tree removals inside an inland wetland related to a homeowner’s solar installation on Holly Lane is under resolution with the homeowner cooperating.
On the long-running matter at 99 Holly Lane, staff reported they recently argued the case before Judge Radcliffe and are awaiting a written decision (the judge has up to 120 days to issue a ruling).
Staff also noted a grant award to remove invasive species in Stony Brook Park; the town will develop a work plan with the grantor and may return to the commission for a permit depending on the amount of vegetation removal required.
Commissioners asked staff about the Bruce Brook watershed: staff said the watershed plan identifies wetlands south of the 99 Holly Lane project as the headwaters of Bruce Brook and cautioned that some of the areas under review are of watershed importance. Staff invited commissioners to request additional biological/functional evaluations on individual applications when appropriate.

