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Shelton staff orders stop, seeks remediation after unauthorized clearing at Wells Hollowbrook
Summary
Planning and zoning staff told the commission the developer exceeded tree‑clearing approvals at Wells Hollowbrook, prompting a May 13 cease‑and‑desist and a required remediation plan. Staff and consultants outlined limited, supervised work allowed for immediate stabilization while further permits and wetlands review remain pending.
Shelton Planning and Zoning staff told commissioners on May 21 that work at the Wells Hollowbrook site went beyond previously approved clearing and that the city issued a cease‑and‑desist order on May 13 after crews removed stumps and earth material beyond permitted limits.
Assistant P&Z Administrator Miss Castro summarized the timeline and staff response: activity began in summer 2024 with initial debris clearing, then tree cutting in mid‑July that exceeded the limited 20– to 30‑foot strip staff had authorized. A $200,000 bond and a soil and erosion control plan had been required; staff later found additional tree removal extending onto state land and within the brook corridor. “The developer has since acknowledged these errors, issued an apology, and expressed a willingness to comply fully with all local and state requirements moving forward,” Castro said.
Why this matters: the clearing touched regulated wetlands and upland review areas and proceeded without a Connecticut Department of Energy and Environmental Protection (DEEP) construction stormwater permit that would be required for disturbances of 5 acres or more. Without a DEEP permit, DEEP staff told Shelton they cannot take direct enforcement action; the city is the primary local enforcer for this site. WPCA (the city’s Water Pollution Control Authority) reviewed a separate sewer relocation application on Feb. 11 but had not issued a construction permit for that work, staff said.
City engineer and staff summarized the limited, conditional work the city will allow for immediate stabilization. Ron Baia outlined seven items staff and consultants reviewed from the applicant’s wetlands consultant, including: allowing additional controls as needed in the brook area; stump removal; removal only of recently cut wood (not long‑standing debris); no additional work inside the stream without further regulatory approvals; a soil stabilization plan including ryegrass and seed; continued maintenance and repair of silt fences and erosion controls; and submission of a detailed map identifying recent cutting versus preexisting debris. Baia said staff did not consent to additional in‑stream work without the appropriate regulatory review and that any remediation will be supervised by city staff, a soil scientist/engineer, or both.
Commissioners pressed staff on consequences. Commissioner Kelly asked, “What happens now?” Castro and staff described the required next steps: (1) confirm whether a DEEP stormwater permit application has been filed (staff reported as of the meeting there was no DEEP permit on file); (2) confirm and obtain any WPCA sewer permits needed before sewer work begins; (3) require the applicant to submit a revised stream‑corridor rehabilitation plan that identifies planting and stabilization for about half the trees that were removed, per the soil scientist’s initial estimate; (4) require a detailed map showing material to be removed and material to remain; and (5) allow only the limited, supervised removal and stabilization measures agreed by staff until final approvals are in place. A stop‑work notice remains posted on the site.
Staff said monitoring will continue daily or every other day and that a soil scientist engaged by the applicant has submitted a remediation plan that staff and the zoning enforcement officer will review with staff comments. The commission directed staff to arrange a follow‑up coordination meeting among involved departments and to schedule another public meeting as needed. Commissioners and staff also noted a nor’easter forecast for May 22–23 and confirmed temporary erosion controls (silt fence, hay bales) remain in place; staff judged them sufficient in the short term but asked the applicant to take immediate precautions if those controls show signs of failure.
The commission did not vote on enforcement penalties at the May 21 meeting. Staff emphasized that additional permits (DEEP stormwater permit for 5+ acre disturbance, WPCA sewer permit, COC/final site development approvals from planning and zoning, and any further inland wetlands approvals) must be obtained before larger site work resumes.
