New Canaan wetlands panel approves mitigation at 266 Michigan Road after unauthorized clearing

The New Canaan Inland Wetlands Commission voted May 6 to approve a mitigation plan for 266 Michigan Road LLC, ordering the property owner to remove unauthorized debris, restore disturbed areas and comply with a set of special conditions overseen by town staff.

Director Kathleen Holland told the commission the matter began as a complaint and that planning staff issued a cease-and-desist before consultants and the homeowner prepared a mitigation application. "This came in as a complaint," Holland said, describing the chronology and staff’s review of the record.

Owner Avi Barkai and his consultants described the site as a man-made pond with historic disturbance around the margins. Barkai said some material was placed by landscapers and that he is accepting responsibility. "I'm taking responsibility on everything ... I paid the penalty, I paid the application fee," Barkai said during the presentation.

Consultants proposed a three-part mitigation approach: remove newly deposited debris (by hand in most locations, with a limited machine-assisted removal over temporary terramats for very large logs), install erosion controls, and replant a native buffer. Landscape architect Kate Throckmorton said the plan proposes approximately 24 replacement trees and roughly 1,500 plugs of native sedge to stabilize slopes and shorelines.

South Norwalk Electric & Water watershed inspector Wes D'Angelo, whose property abuts the site, told the commission that the mitigation plan "meets our requirements" but emphasized caution around the pond and inlet. D'Angelo also urged conservative construction methods for any streambed work and suggested pump-around techniques in sensitive areas.

Commissioners pressed the applicants for details on where debris had been placed, how much material was new versus historic, and how the work would avoid further wetland impacts. Staff and commissioners emphasized that the pond area lies within a FEMA floodplain and therefore is regulated as wetland under Connecticut law; as a result the commission said it would not permit broad broadcasting of new wood chips into regulated wetlands.

The commission adopted a package of special conditions that require, among other items: removal of all discarded debris from wetlands and upland review areas before other landscaping; inspections by the watershed inspector and the inland wetlands agent after initial removal; no heavy machinery in regulated wetlands except where limited machine access over terramats is specifically authorized; replacement plantings where warranted; and limits on reuse or placement of wood chips inside wetlands. The applicants agreed to start debris removal immediately and to comply with final inspections.

The permit decision also places limits on accessory work: the gazebo will be cleaned and repainted rather than rebuilt as part of this approval, and work on the larger northern bridge was postponed pending a separate submittal with more detail because that structure and its proposed replacement involve floodplain-permit considerations. The commission allowed only a minor, same-elevation adjustment of the small southern footbridge if staff confirms the work remains repair, not construction of a new bridge.

Commissioner Sandy Redden moved to approve application IW26-9266 "subject to Director Holland's special conditions," and Commissioner Dan Stapanic seconded. The motion passed by voice vote with no opposition or abstentions; the commission recorded the permit as granted with the enumerated conditions.

Next steps include completion of debris removal and staging of plantings under town inspection; staff will verify compliance before allowing additional landscaping or construction activity. Director Holland said staff will track restoration progress and return to the commission if proposed bridge or floodplain work requires a separate permit.

Action taken: permit granted for mitigation at 266 Michigan Road LLC, application IW26-9266, subject to the special conditions detailed by town staff. The commission adjourned after an agents' report concluding the meeting.