Commission lifts cease‑and‑desist at Buttery Road after homeowners agree not to obstruct watercourse

The New Canaan Inland Wetlands Commission lifted a cease‑and‑desist July 21 for 93 Buttery Road after staff inspections found no active damming at the time of review and the property owners agreed not to undertake future obstruction of the shared watercourse without prior commission approval.

Why this matters: Neighbors had complained about intermittent placement of boards or similar obstructions that can impound water and affect downstream properties. The commission held a continued hearing after staff visited both 93 Buttery Road (the Lowry property) and 79 Buttery Road (the Torsetta property) and discussed prior activity with both parties.

Director Kathleen Holland reported that staff inspected both properties on July 16 after a heavy rain and found no block or obstruction impeding flow on either property during her inspection. She also told the commission that both property owners agreed during interviews that they would not place boards or other obstructions in the watercourse in the future. Mr. and Mrs. Lowry told the commission they had temporarily placed a small board to raise water level by a couple of inches to protect nesting geese and ducklings and said they would not repeat the practice without permits. Mr. Lowry described repeated seasonal low water and predation at the shallow north end of their pond and said the temporary measure was intended to protect nesting birds.

Neighbor Mary Alina Torsetta, represented by attorney Brian McCann, submitted dated photos showing earlier instances in which boards appeared to be placed in the channel. McCann said his client saw repeated installations over time. During the hearing the neighbors’ representatives agreed to cease any future impoundment activity and to seek permission before any work in the watercourse. After discussion Commissioner Sandy Redden moved that staff remove the cease‑and‑desist; the motion was seconded and carried unanimously.

Next steps: The commission will record the lifting of the cease‑and‑desist in the meeting minutes. Staff will continue to monitor the watercourse and stated they will require permit applications if anyone proposes future in‑water work. Both sides were reminded that any obstruction of a watercourse requires prior commission approval.