Chesterton board amends stop-work order for Eastn Park after developer and staff presentations

The Town of Chesterton amended a stop-work order for the Eastn Park subdivision after an administrative hearing in which town stormwater staff presented evidence that the developer had not met two code requirements.

Matt, a town stormwater staffer, told the board that Violation 1 concerns failure to achieve temporary stabilization: “unvegetated areas that are scheduled or likely to be left inactive for 15 calendar days or more must be temporarily or permanently stabilized” and staff is looking for 70% vegetative cover on affected lots. Staff said the site was mass excavated in early June, seed was applied July 9 and straw placed July 20, but the property had not reached the 70% threshold as of the hearing.

Matt and Mark also described Violation 2, citing repeated incidents of sediment-laden water leaving the development and entering adjacent property owners’ land. Staff noted a homeowner reported a pool flooded in December 2025 and again in June 2026, road flooding on Tanglewood and Eastwood on June 17, and several residences with flooded basements. The town traced part of the problem to a plugged outlet — a culvert tied to Keer Ditch 23 — and said Norfolk Southern removed a beaver dam; the developer had paid $1,600 in fines so far.

Developer representatives disputed some of the town’s characterizations and emphasized mitigation steps they have taken. Eric Gastvich, a principal of Olsen Farm LLC, said the developer has spent “close to about $500,000 on required erosion implementation” and described temporary berms, extended storm sewers and planned engineered work for undeveloped phases five and six. Gastvich and his counsel argued that an obstructed Keer Ditch outlet and culvert maintenance are a major contributing factor to the runoff and flooding.

After hearing staff proposals — which included installing pond skimmers, completing the engineered pipe solution for phases five and six, installing perimeter controls and temporary berms, re-evaluating as-built stormwater performance, and submitting HOA maintenance plans — a board member moved to amend the stop-work order to make those items deliverables before lifting the order. The motion was seconded and approved by voice vote. The panel took the question of whether a violation was proved under advisement and will issue a written determination within 30 days.

The board said it will revisit the matter at its next meeting or in September if the corrective items are not completed. The stop-work order remains in place until the town’s MS4 operator confirms that runoff from Eastn Park phase three will remain contained within the phase or required corrective items are met.