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Conservation commission approves Tolesome Avenue buffer and planting plan with deed restriction
Summary
Norwalk Conservation Commission approved a revised buffer and planting plan for 25‑65370 Tolesome Avenue, adding a deed restriction on the land records and specific planting and demarcation requirements after commissioners negotiated buffer placement and plant sizes.
Norwalk Conservation Commission voted April 22 to approve a revised wetland buffer and planting plan for application S‑25‑65370 at Tolesome Avenue, with conditions that include a deed restriction filed on the land records and minimum planting sizes.
The commission approved the applicant’s revised plan after amending staff’s draft conditions to require that the wetland/watercourse and designated buffer “remain in its natural state in perpetuity” through a deed restriction filed on the warranty deed; to raise required shrub plantings to a minimum 36‑inch height at time of planting; to require sensitive ferns in 1‑gallon containers where appropriate; and to adjust the location of the three delineation boulders so the end boulders remain at the plan locations and the center boulder is set about 5 feet farther back in an arc between the 40‑foot and 50‑foot buffer marks.
The applicant, identified in the meeting as John (the property owner), had previously reduced the originally requested disturbance and provided a planting plan showing a 40‑foot buffer at one end of the site and a 50‑foot upland review area line. Staff member Alexis Carrichetti reviewed the revised drawings and recommended changes, including that the applicant file an as‑built survey showing the buffer, limit of lawn and buffer row and that the applicant record a deed restriction on the land records to make the buffer and wetlands encumbrance permanent. Alexis also confirmed staff will require the as‑built survey and the deed restriction language be recorded before permit closeout.
Commissioners debated whether a straight 40‑foot buffer was sufficient or whether the commission should require a full 50‑foot buffer. Commissioner Paul Bennett pressed for a permanent deed restriction after describing prior instances where buyers claimed ignorance of recorded restrictions. Commissioners discussed moving the boulder demarcation to create a compromise between a straight 40‑foot setback and a full 50‑foot setback. After initial votes on a slightly different motion failed, commissioners approved a motion to adopt staff’s draft with the amendments described above; commissioners confirmed the end boulders would stay where shown on the plan and the middle boulder would be placed farther back to form a subtle arc between the 40‑ and 50‑foot marks.
The approved planting specification includes nine shrubs (previously proposed as 3‑gallon size) to be 36 inches minimum at planting, two red maple trees at approximately 8 feet height, and sensitive ferns in 1‑gallon containers placed closer to the wetland edge where recommended by commissioners. Staff also required an as‑built survey showing the house location, designated buffer area, limit of lawn and the buffer row prior to permit closeout, plus recordation of the deed restriction language on the warranty deed and land records.
The motion passed unanimously by the five commissioners present. Alexis Carrichetti said staff will prepare the final permit documents and the applicant said he would follow up the next day to finalize permit paperwork.
The commission’s action amends the staff draft resolution rather than changing the approved house or driveway locations; the commission and staff characterized the conditions as measures to make the buffer enforcement clearer and to improve plant survival rather than additional expansion limits.
