KENT, Conn.—It was a violation—but not much of one—and it resulted in the Inland Wetlands Commission granting an after-the-fact permit on an emergency basis to stabilize an area where invasives have been removed.
The IWC approved the permit for property owned by Baya Chase at 43 Bridge St., immediately adjacent to the bridge and opposite Kent School.
Chase and her family had mowed an overgrown section of the property, removed invasives and established four wooden steps to allow access to a kayak launch on the Housatonic River. Zoning Enforcement Officer Tai Kern received a complaint about machines being used on the property close to the water and went to investigate.
Massyl Mallem acted as agent for his mother, Baya Chase. “We were just mowing, as every family has done along the river for 100 years,” he said.
The area had not been mowed for a couple of years, he explained, and some of the grasses and invasives were too tall for conventional mowing. The machines were already onsite for tree removal in another location and were pressed into duty to remove the shoulder-high invasives, he said. In the future, the area cleared will be mowed.
The stairs are designed to be removed seasonally. They consist of four wooden steps laid over the grassed-in slope to the river. No disturbance is anticipated and no dock will be built.
“I don’t know why there were complaints when everyone else is mowing along river,” Mallem said. He said there is no plan to remove a barrier of shrubbery along the river front. Indeed, his mother spoke of the family’s concern about the erosion of the riverbank and said she plans to seek a future permit to stabilize it.
“I don’t know whether a retaining wall would be the right move,” said IWC Chairman Lynn Werner.
“We are worried about what is happening there,” Chase replied, asserting, “We did not touch on the immediate edge of river with anything we have done.” She said the stairs were laid atop the ground in a natural gap in the vegetation.
Werner asked if native plants would be installed where the invasives were removed. Chase said she would plant such things as pachysandra, cornflowers and berries. The invasives, she said, were encroaching on her garden and required removal.
“We usually require a site plan for removal of invasives,” said Werner.
“The planting and mowing were never in question,” said Kern. “It was the machinery. It seems like what was done, is already done and the other stuff is outside of the regulated area.”
But the commission determined that most of the property was within the 200-foot setback area and that the plans submitted did not clearly mark distances from the river. They determined that a replanting plan should be submitted for the restoration of the disturbed areas and that they would act on it in August.
The applicants expressed concern about the delay, however, and said they would like to proceed as soon as possible. It was agreed that the application could be considered an emergency activity to allow stabilization of the area contingent upon receipt of an acceptable site plan. A replanting plan is to be submitted and approved by the land use office. Kern agreed to provide the applicant with a list of native plants.
In other business, the IWC tabled an application for removal of seven trees at 69 Davis Road. Kern said the application had been received only that day and that some items were lacking to make it complete. Russell Plumb of Sawing High Climbers, a professional tree care firm based at that location, reviewed for the commission each of the seven large trees to be removed and the removal process to the used.
Werner asked that each tree be identified on a site plan showing its distance from the lake. The closest tree is estimated to be 20 feet from the lake. Mats will be used to minimize disturbance by the machines. It was agreed that the applicant would return with a topographic map with the setback of each tree from the water. The site plan must also show the location of the mats to be used to minimize disruption.
