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Commission orders restoration steps, schedules special meeting after unpermitted work at 674 Ngatuck Avenue
Summary
Staff told the Milford Inland Wetlands Commission on June 3 that work at 674 Ngatuck Avenue was occurring within 100 feet of a wetland without a permit. The commission directed the applicant to install and verify silt fencing, instructed staff to issue a cease-and-restore order if necessary, and scheduled a special meeting and sitewalk to hear the violation.
The Milford Inland Wetlands Commission on June 3 opened a review and violation process for activity at 674 Ngatuck Avenue after staff reported recent regrading and placement of material within 100 feet of on‑site wetlands without a permit.
Mary Rose, staff member for the commission, told the panel that a site inspection showed extensive regrading, dumped material and erosion controls that appear improperly installed; the property was therefore in violation for working near a wetland without an approved permit. She said she had asked the property representative to install the erosion controls shown on the plans and noted the commission could issue a violation and hold a hearing.
Chris Sy, who identified himself as a partner with 674 Ngatuck Avenue LLC, told the commission the work was not intended to violate wetlands rules. He said the material on site was reclaimed asphalt used to regrade an existing parking area to address a tenant access problem and apologized for moving forward before permits were in place: "We did do this without a permit. We understand that. It wasn't our intent." Sy said they created a swale to retain water and had removed debris to improve the site.
Commissioners pressed the applicant on the lack of a prior permit and on gaps in silt‑fence installation. Staff pointed out a section near a pipe where the silt fence was not properly buried and emphasized the need to expand and correctly install silt fencing before an expected rain event. The commission discussed issuing a cease‑and‑restore order limited to work necessary to stabilize and protect the wetland (installation of erosion controls and removal of material near the wetland), with no additional grading allowed while the violation is addressed.
The commission moved to require the applicant to submit an updated wetland report and a proposed planting plan for the application, to schedule a sitewalk so commissioners can review the installed protections in person, and to hold a special meeting to hear the violation. Commissioners and staff agreed to aim for a special meeting on Wednesday, June 10 at 7:30 p.m.; staff will poll members about sitewalk availability and will coordinate with the applicant to confirm proper installation of erosion controls before the weekend.
The commission also instructed staff to prepare a cease‑and‑restore order that could be issued to compel immediate restoration work if erosion controls are not installed as requested. The hearing on the formal violation will occur at the special meeting; the commission directed the applicant to coordinate with Mary Rose and to provide photographic and technical confirmation (including, if possible, a wetland scientist’s statement) that required controls are installed and functioning.
