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Somerset council continues hearing on 5401 Uppingham amid neighbors’ stormwater concerns

Somerset Town Council · February 25, 2025
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Summary

The council continued a building‑permit hearing for 5401 Uppingham Street after neighbors raised detailed concerns about construction runoff, tree removals and long‑term maintenance of the proposed landscape infiltration system; the applicant and town engineer defended the design and agreed to provide additional information before the continued hearing.

The Somerset Town Council on Feb. 24 continued a public hearing on a building‑permit amendment for 5401 Uppingham Street after residents pressed the applicant and the town for more detail about how the project’s stormwater features will protect neighboring yards during and after construction.

The application, filed by Wonyoung Kai and Wu Yong Chang, proposes a one‑story front addition, a two‑story rear addition, two new HVAC units and a new driveway; the town staff presentation said setbacks and building height meet Somerset code and that the proposed stormwater design would add about 200 cubic feet of runoff for a one‑year storm while providing about 450 cubic feet of on‑site infiltration.

At public comment two neighbors, Joanne Stellar and her husband Joe, testified that they have spent decades dealing with runoff at their property and said they were "a little shaken" that the project appeared close to approval. "We're still dealing with water washouts because of more frequent and more intense storms," Joanne Stellar said, and asked what protections will be in place during construction and how long the infiltration system will take to function.

Applicant representative Lou Bellamy and surveyor Shane Green responded with drawings and calculations the team says will reduce the area of roof drainage to the Stellar property from about 4,700 square feet to roughly 750 square feet after the changes. Bellamy said the design routes overflow to a swale and the public right‑of‑way rather than onto the neighbor’s yard and that the infiltration feature provides about 450 cubic feet of storage, "which is more than what's required by the town".

Council members pressed on practical details: how deliveries and large trucks will be coordinated, whether the town can temporarily move a nearby school bus stop, the proximity of the relocated HVAC units to adjacent houses, and who will maintain infiltration features over time. The town attorney said the town’s code requires a recorded entry and inspection maintenance agreement that allows the town, often in response to a complaint, to inspect and compel maintenance; that agreement must be executed before any permit is issued.

Neighbors and council members raised construction‑period risks, and the applicant agreed to consider sequencing the installation of the infiltration facility earlier in the work and adding double silt fences and other sediment controls to reduce runoff during construction. The town arborist, Dr. Culbert Feather, said he visited the site and had no objection to removing the two ornamental trees proposed for removal and suggested replanting two similar ornamentals, or larger water‑tolerant species if the council prefers.

After discussion, the council voted to continue the hearing to a later date (the town attorney noted a legal minimum of 10 days for notice) and asked staff and the applicants to submit outstanding materials — including the arborist’s written report and any revised planting/reforestation proposals — before the next session. The council’s continuance was intended to give neighbors, staff and the applicant time to refine details on construction sequencing, sediment control and the reforestation plan.

Next step: the town will re‑notice the continued hearing and the public record will remain open only for the additional materials the council identified. If no opposition is submitted at the continued hearing, the town manager will be asked to issue the permit; if opposition persists, the town attorney said he would prepare a written decision and the permit could not issue until appeal windows expired.