Environmental commission issues notice of violation over unpermitted pond work at Franklin Street Extension

City environmental staff read a matter of record documenting complaints and inspections of an altered pond at a Franklin Street Extension property. Staff told the commission aerial photography and on‑site inspection showed the pond had been dredged, walls and weirs reconstructed, an island and a stone groin created, spoil pushed against banks and new irrigation and aeration equipment installed without required executed permit conditions.

The record said a 2018 EIC permit for pond work existed but that its conditions were not executed and the city was not notified of the recent work. Staff recommended the commission issue a Notice of Violation and require a suite of remedial actions: a Connecticut‑licensed professional engineer must evaluate and certify whether the work conforms to sound engineering practices and recommend any remedial actions needed to protect upstream and downstream neighbors; a revised survey must show current conditions (wetland limits, spoil depths, flow lines and weir heights); spoil must be tested for contaminants including heavy metals, total petroleum hydrocarbons and pesticides; an ecological assessment must be prepared; and a restoration plan with plantings and enhancements must be submitted.

Property owner Ruby Rodriguez told the commission she purchased the parcel in mid‑2024 and said she did not conduct the dredging. "I bought the property... I didn't do that," Rodriguez said, adding she had begun minor stonework but denied the larger-scale alterations described in the staff record. Commissioners and staff noted photographic aerial evidence, recent inspections and neighbor complaints reporting increased water levels and noise of heavy equipment. Several commissioners urged the work be evaluated as soon as possible to prevent continued upstream or downstream impacts and to determine whether spoil contains contamination that would require remediation.

The commission voted to issue a Notice of Violation and to require the engineering, sampling and restoration items recommended by staff; the motion included an amendment reserving the commission's right to impose fines or other enforcement actions after review of the forensic findings. Commissioners also discussed requiring that any applicant‑retained engineers be acceptable to the city and that independent third‑party review at the applicant's expense may be required. Rodriguez said she would cooperate and consult counsel as she pursued compliance.