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Stratford wetlands staff report rising violations, litigation update and invasive-removal grant

3533997 · April 17, 2025
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Summary

Commission staff reported an increase in wetland violation reports, ongoing litigation involving a project at 99 Holly Lane, a observed unpermitted retaining wall at Beaver Dam Lake for which a cease-and-desist is being prepared, and a recently awarded grant to remove invasive species in Stony Brook Park.

Kelly Kerrigan, wetlands agent for the Town of Stratford, reported an uptick in reported wetland violations since the commission’s last meeting and provided updates on individual enforcement and compliance matters.

Kerrigan said she has issued two administrative permits since the prior meeting—an in-ground pool at 53 Ashwood Terrace and tree removals with grading and replanting at 5555 Wildwood Drive—and that many violations arise after neighbor reports. On Elm Street, the property owner is working with William Kenny Associates on a mitigation planting plan and intends to apply for a retroactive permit. At 82 Circle Drive, a resident confirmed imported fill was clean and has applied for a retroactive permit; staff has not yet issued approval.

Kerrigan said work at 7 Oakview Drive and 951 Beaver Dam Road remains in litigation and that discussions about property boundaries and mitigation are ongoing. Separately, she reported observing excavation and construction of a retaining wall and steps into Beaver Dam Lake that appear to lack permits; she is preparing a cease-and-desist letter. Kerrigan said one neighbor encroachment related to a solar installation at an address reported as 767737 Holly Lane is being addressed with the homeowner and remains under discussion.

On litigation, the commission was briefed that the case involving the apartment complex near Armory Road (reported as 99 Holly Lane) was orally argued before a judge and that a written decision is expected within 120 days; Kerrigan said the case is with Judge Radcliffe.

Kerrigan also noted Bruce Brook watershed work: the watershed plan identifies wetlands south of the 99 Holly Lane project as a headwaters area for Bruce Brook. She said the town recently received a grant to remove invasive species in Stony Brook Park; work planning and contracting remain to be completed and the commission may see a permit application depending on the scope of vegetation removed.

Commissioners asked follow-up questions about specific cases, restoration plant lists and whether more detailed evaluations (for example, wetland functional assessments or soil testing) are required before permits are issued. Kerrigan said staff is working with property owners and will pursue mitigation, retroactive permits, or enforcement as appropriate.

No formal vote or permit decision was taken on these enforcement items at the meeting; they were reported for the commission’s information and will return to staff and the commission as cases develop.