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Staff reports multiple wetlands violations; commission requires wetland impact assessments for full applications

3533903 · May 21, 2025
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Summary

Commission staff reported a growing list of violations and litigation involving wetlands activities across the town and the commission voted to require a wetland impact assessment as part of full applications going forward.

Commission staff reported two recently approved administrative permits and an expanding list of inland wetlands violations across Stratford, and the commission voted to require a wetland impact assessment for full permit applications.

Kelly Kerrigan, staff member, said she approved two administrative permits since the last meeting: a shed, grading and landscaping at 82 Circle Drive (permit 2025‑A8A) and a residential dwelling and associated infrastructure at 614 James Farm Road (2025‑9A). She gave an overview of ongoing enforcement matters, including a driveway installed without a permit at 1290–1292 Elm Street (awaiting a planting mitigation plan from William Kenny Associates), litigation involving properties at 7 Oak View Drive and 951 Beaver Dam Road, and work at 160 Disbrow Avenue where the owner is completing an administrative application.

Kerrigan also told the commission about discharge concerns on North Avenue and Plainview Drive where sump pumps and roof downspouts are discharging toward wetlands, tree removal within wetlands at 767 and 737 Holly Lane tied to a solar contractor (the contractor has said it will apply for a retroactive permit and mitigation plantings), asphalt import to address ponding at 152 Circle Drive (staff preparing a notice of violation) and a stone masonry wall built partially below mean high water at 190 Beaver Dam Access Road (staff working with the resident while noting lake drawdown reduced impact).

Commissioners discussed long‑running litigation matters and whether staff should routinely state whether an activity is likely to be a significant impact. The commission then voted to require that full applications include a wetland impact assessment prepared by a wetland scientist; staff said the assessment could range in scope from a short paragraph for plainly minor activities to a full report for projects with greater potential impact. The motion to require an impact assessment was moved and seconded and recorded as approved.

Kerrigan said she will prepare educational materials for the Beaver Dam Road neighborhood to clarify that association approval does not replace the need for an inland wetlands permit. She also reminded the commission that staff can visit properties at reasonable times and recommended applicants be given notice before site visits.