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Commission approves remediation plan and five conditions after Michigan Road wetlands violation
Summary
After town staff identified unpermitted tree removal and fill at a Michigan Road property, the commission approved a remediation and planting plan and attached five special conditions including reflagging wetlands, inspections prior to planting, annual survivability checks and removal of proposed lawn within the 50-foot upland review area.
The New Canaan Inland Wetlands Commission voted unanimously Nov. 17 to approve a remediation and stabilization plan for a Michigan Road property where unpermitted tree removal and fill had been placed in regulated areas.
Attorney Amy Zabitakis, representing Pelagic 1 LLC and homeowner Carter Gray, told the commission that work began after numerous trees were struck by lightning and that approximately "20 trees were removed from the site." She said the homeowner stopped work as soon as the town advised a permit was required: "As soon as my client became aware of the fact that a permit was needed, work immediately stopped," Zabitakis said.
Engineer Rob Frangion described the remediation scope: remove material within the wetland proper and within 10 feet of the wetland line, regrade to the town's 1:3 slope requirement and relocate roughly 161 cubic yards of fill to the north side of the property where it will remain on site. "We're gonna take all of that material out," Frangion said of the material inside the wetland buffer; he also detailed a stormwater approach involving an underground detention system and replacement of yard drains to manage flows to the wetlands.
Landscape architect Kate Throckmorton outlined a revegetation program focused on understory shrubs (spicebush), ferns in wetter pockets and several new trees (two oaks and three understory specimens at 2–2.5-inch caliper). Throckmorton said major existing oaks on the property were unharmed and will help restore canopy over time.
Commissioners and staff refined five special conditions before the vote: (1) reinstallation of wetland flags (noted in the file as flags 7–10) before work begins; (2) inspection and sign-off by the engineer of record and staff after fill removal and before plantings; (3) a landscape-architect inspection schedule and annual survivability checks with replacement of failed plantings for three years; (4) an amendment to the plan removing the proposed lawn from the 50-foot upland review area (staff to review minor amendment); and (5) contractor compliance documentation and coordination with staff for sediment-control inspections during work. Commissioner Redden moved approval with the five conditions; Commissioner Ramirez seconded and the application was approved unanimously.
Chair Angela Jamieson and staff praised the prompt cooperation of the homeowner and consultant after the violation was discovered in June 2025. Staff will track implementation of conditions and schedule the required inspections.
