Neighboring homeowners dispute after unpermitted damming; commission issues Notice of Violation for 93 Buttery Road

The Inland Wetlands Commission heard testimony and evidence on June 16 about an alleged unpermitted impoundment of a stream at 93 Buttery Road that residents say is periodically damming water and causing elevated levels and erosion on 79 Buttery Road.

Complainant Maria (Rosetta/Torsetta) and attorney Brian McCann presented photographs and video showing a removable board-like structure placed at an outlet/weir in a series of small ponds on the block. Attorney McCann said the activity appears to raise water levels by roughly 3 feet when the removable structure is inserted, backing water onto the complainant's property, undermining a stone wall and causing erosion and property damage. Director Kathleen Holland said she previously sent a warning letter in May 2024 and, after receiving new evidence, issued a Notice of Violation and cease-and-desist on May 23, 2025. The property owner at 93 Buttery Road did not appear at the June 16 meeting.

Commissioners discussed next steps. Director Holland said enforcement options include renewed attempts to contact the property owner, engagement of the town attorney, and potential civil enforcement if the impoundment continues. Commissioners encouraged the complainant to attempt neighbor-to-neighbor contact (or have counsel do so) while the commission proceeds with its enforcement review; Attorney McCann offered to help initiate contact. The commission did not take formal enforcement beyond the existing Notice of Violation at the meeting but instructed staff to confer with the town attorney and return with recommended next steps should the impoundment continue or the property owner fail to cooperate.