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Homeowners, staff clash over lakeside wall; commission demands survey and engineer certification
Summary
At an April 9 meeting the commission reopened and then tabled regulated activity 12375 after staff reported a wall built without complete permits that may encroach on neighbors and threaten lake quality; the owner said the contractor advised no permit was required and pledged to obtain an engineer certification and corrected survey.
Danbury City’s Environmental Impact Commission on April 9 reopened regulated activity 12375 to hear from property owners about a partially constructed lakeside retaining wall and then voted to table the matter pending additional documentation, including a corrected survey, erosion control measures and an on‑site engineer certification.
Homeowners who live on the lake said they bought the property about two to three years ago, acknowledged construction started without permits, and said they are working to “cure” the work. “We didn’t do none of that,” the homeowner said in response to claims that fill had been added; the owner also said the contractor told them a permit was not required and that an engineer is preparing plans to finish the wall.
Commission staff and members said the work does not match approved plans, raised concerns that a portion of the wall appears to sit on or encroach into neighboring parcels, and detailed a set of outstanding requirements. Staff member Larry read items from his inspection report dated March 10: “The property needs to be surveyed with property lines clearly visible. Top of wall and bottom of wall needs to be shown on the survey. Erosion and sedimentation controls need to be reinstalled as soon as possible. An engineer chosen by DEC needs to be retained to inspect and report on the condition of the walls and construction. A drainage plan is required..." The inspection also requested testing of any imported fill, a planting plan, construction sequencing, and a wetlands functions and values report.
Commissioners asked for a corrected survey and an on‑site engineer certification that the walls are built consistent with the engineer’s design and are structurally sound. Members emphasized the risk to lake water quality if drainage is not properly managed; one commissioner said planners need to “show me” how water from the property reaches the lake and where existing pipes discharge.
After homeowners described efforts to coordinate with their engineer and surveyor, the commission made and approved a motion to table the item to the next meeting to allow the owners to submit a consolidated package addressing the inspection report and to obtain any required certifications. The chair encouraged homeowners to work with staff after the meeting to clarify outstanding questions.
Next steps: the homeowner is to provide a corrected property survey, engineer’s on‑site inspection/certification letter, erosion and drainage plans, and other materials; the commission will revisit the application at its next regular meeting.
