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Inland Wetlands agency to release 64 Corey Road violation after fence inspection

5103052 · June 30, 2025
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Summary

Milford Inland Wetlands Agency voted unanimously May 25 to keep erosion controls in place until a split-rail fence is installed and inspected, then release the violation for unpermitted work near wetlands at 64 Corey Road.

The Milford Inland Wetlands Agency voted unanimously May 25 to hold sediment controls in place at 64 Corey Road and to release the agency's violation order after an inspection confirms a split-rail fence and boundary markers have been installed.

The order stems from work within 100 feet of a wetland and watercourse in the Indian River watershed that was cited March 29, 2025, and modified by the agency at a prior meeting to require properly installed sediment and erosion controls and a professional wetland scientist's report and mitigation plan. Agency staff said the property owner, identified in the record as Mr. Lee, has stabilized disturbed areas and provided the required reports and survey materials.

Mary Rose, the agency's staff member overseeing the cases, told commissioners that William Kenny Associates submitted a wetland report on May 11 and an additional report the afternoon of the meeting and that a licensed land surveyor delivered an A-2 survey signed and sealed for the site. She said recent photos show the majority of disturbed areas have been stabilized and that the owner's landscaper was seeding additional areas the day of the meeting.

Bill Kenny of William Kenny Associates, identified in the record as a professional wetland scientist, said his firm retraced and flagged the wetland boundaries and concluded "the work that the property owner did, Mr. Lee, did not encroach into the wetland itself." He told the agency he supports leaving protective markers or a split-rail fence in place to prevent future disturbance.

Commission discussion focused on stabilizing the site through upcoming rainy weather and on replacing temporary wooden post markers with a split-rail fence that would carry wetland boundary markers. Jim Connors moved to keep the silt fencing in place until the split-rail fence is installed and inspected by Mary Rose, and Buddy Field seconded. The roll-call vote was unanimous: Daniel Beddicker, Jim Connors, Matthew Connors, Julie Valvo, Buddy Field, Ray Gradwell and Chair Magnan all voted "aye." The motion carried.

The agency distinguished between the technical findings of the wetland scientist, the owner's stabilization work, and the remaining procedural step: an on-site inspection by staff to confirm the fence and markers are in place before the violation is released. Mary Rose recommended leaving silt fencing up through the immediate storm period to ensure grass stabilizes and then conducting the inspection once the split-rail fence is installed.

No fines or additional penalties were recorded in the meeting minutes; the action taken was a modification of conditions to the agency's prior order with a requirement for staff inspection before release of the violation.