Old Lyme commission orders notice, schedules hearing after seawall work exceeded permit at 72 Grassy Hill Road

The Old Lyme Inland Wetlands and Water Course Commission on June 23 discussed whether to pursue enforcement after staff reported that work at 72 Grassy Hill Road exceeded an administrative permit granted in 2024.

The commission heard from its wetlands enforcement officer that the original authorization covered an in-place, like-for-like repair to a seawall on Rogers Lake. When the contractor finished, an additional roughly 15 feet of wall had been added beyond the approved footprint on land owned by the permittees but within a strip subject to neighbors’ right-of-way use to access the lake. The officer said the original applicants have since died and ownership now rests with a family trust.

“If you think the principle of this is sufficiently important that you want to try and bring this permit back into some sort of compliance, I certainly understand that,” the wetlands enforcement officer told the commission, outlining three options: issue an enforcement notice and hold a hearing; ask the current owners to submit a permit modification or new application (complicated by easement holders who may refuse to sign); or decline to act and leave it to the private parties.

Abutter Tammy Noise, who identified herself as living at 69 and 73 Grassy Hill Road, told commissioners she and two other easement holders were not notified and would have insisted the contractor stop at the original line. “We would have gone down there and said, ‘Make sure you don't thin the wall here because we had had problems with the family before putting obstructions in the 15‑ft strip,’” Noise said, adding the added material now makes it about three feet higher at the water and impedes launching kayaks.

Commissioners noted the dock removal reported by neighbors is a civil matter outside wetlands jurisdiction; the commission’s authority, staff said, is limited to addressing the portion of the wall that violates the permit. The wetlands enforcement officer described the remedial process: staff can issue a notice of violation and that triggers a hearing (the officer described that a hearing must occur within 10 days of the notice).

The commission agreed staff should proceed with a notice of violation timed so the matter appears at the commission’s next meeting. The group discussed potential compromises—several neighbors said that restoring an 8‑foot section would permit replacement of a community dock—and said a site visit could help define the practical remedy. Staff said easement holders had consented to allow staff to access the area for inspection.

The commission did not adopt a final remedial order on June 23; staff said he would issue a notice of violation and return the matter to the commission at the July meeting for a formal hearing, with a sitewalk arranged beforehand. Neighbors asked to be permitted to show the commission the site and present photographs and measurements at the hearing.

Next steps: staff will issue a notice of violation and schedule the hearing; commissioners and neighbors will inspect the site in the interim and can present agreement language or remediation proposals at the hearing.