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Middlebury commission approves phased removal of pond lilies at Somerset Drive with containment conditions
Summary
After a public hearing, the Conservation Commission approved Avalon Farms HOA’s plan to mechanically thin water lilies from Somerset Drive ponds over several years, requiring turbidity control, erosion protections and notification to state and federal agencies; one commissioner voted no and one abstained.
The Middlebury Conservation Commission on July 28 approved Application #536, allowing phased mechanical removal of water lilies from ponds on Somerset Drive under a set of conditions intended to protect downstream wetlands. The commission’s resolution requires 48‑hour advance notice to the enforcement officer, maintenance of sediment and erosion controls, containment measures during work and that removed plant material be hauled off site.
Attorney Franklin Pilicy presented the application on behalf of Avalon Farms HOA and submitted a report from New England Aquatic signed by Matt Voght summarizing a 2023 ecological assessment by research scientist Kendra Kilson. Mr. Vo[g]ht told the commission the ponds are “shallow” and dominated by water lilies and said the plan is to mechanically remove plants by pulling them by the root over multiple seasons; he and Ms. Kilson reported previous, similar work without downstream problems and described use of a turbidity curtain to contain fragments and sediments. Neighbors, represented by Attorney Lauren Geary for Southford Park LLC, requested independent expert review (soil scientist, ecologist, herpetologist) and raised concerns that disturbing roots could spread invasive material and harm habitat for ribbon snakes and salamanders.
Commissioners debated the risk of propagules or fragments moving downstream. Mr. Bernardi said he remained concerned that seeds or fragments could spread; Ms. Kilson responded she had not observed downstream problems on comparable projects. On a motion by Peggy Gibbons, seconded by Joseph Martino, the commission approved the permit. Joe Bernardi voted no and Curt Bosco abstained; the motion carried (approximately 4 yes, 1 no, 1 abstain).
The resolution adopted by the commission includes explicit conditions: advance notification to the enforcement officer, timely implementation and maintenance of sediment and erosion controls, prohibition on storing equipment or debris in wetlands, and a responsibility on the applicant to notify the U.S. Army Corps of Engineers and the Connecticut Department of Energy and Environmental Protection if required. The resolution also states the commission found no feasible and prudent alternative to the proposed work.
