KENT, Conn.—The Litchfield County Superior Court has approved a negotiated agreement between Ken-Mont/Ken-Wood LLC and the Inland Wetlands Commission concerning an unpermitted 1,800-foot-long log road and dock on North Spectacle Lake.
The corporation sued the commission because it denied an “after-the-fact” application for the road and boat launch in March 2024.
The land where the construction took place is not part of the Kenmont/Kenwood summer camps. Ken-Mont/Ken-Wood LLC was formerly owned by the late Lloyd Albin and the lakefront property in question is now owned by Albin’s estate. David Albin is the administrator of the estate.
When the road and dock were discovered by the current owners during pre-sale reviews, they applied for the after-the-fact approval.
Zoning Enforcement Officer Tai Kern used Google Earth to look for data about its construction and determined that the pathway began around 2012. Later perusal showed the progress of construction through to 2018, the last map available. By 2020 it had reached the water, but it is unclear when the dock, which sits on wood poles sunk into the lakebed, was created.
The IWC found that it would not have approved the application under its regulations if it had been presented prior to construction. While members wanted the dock removed, they concluded that removing the log road would cause more degradation of the wetlands than letting it deteriorate naturally.
While the agreement does not require the owner to agree with the commission’s finding, it does acknowledge the lack of permits for the regulated activities and that the creation of the pathway was a violation of the regulations. The parties’ respective consultants agreed that removing the fill and culverts used for the pathway would probably cause more damage to the wetlands and watercourses.
But the commission determined that the unpermitted activities caused significant changes to the prior character of the wetlands and watercourses, including changing hydrologic flow patterns and introducing invasive species.
It concluded that monitoring the pathway is needed to determine if it and its culverts have or will have harmful effects that will require future remediation.
The commission also reserves the right to issue remedial orders as needed. These could include—but are not limited to—cleaning the culverts, or their removal and replacement. Hearings would be required before such orders could be enacted and the owner has the right to appeal.
To prevent the spread of invasive species, the owner (and any future owner) must mow the pathway during the growing season and routinely remove the invasives in ways that will prevent their spread.
While the log roadbed will rot in place, the owner agrees to remove logs placed perpendicularly at the inlet or outlet of existing culverts and to notify the commission when the work is completed so inspections can take place.
The owner agrees to have culverts examined by a qualified civil engineer (or other qualified expert) at least every two years to determine they are structurally sound and not filled with debris. Notice of inspection must be given to the commission in a timely way so the ZEO or commission members can accompany the expert.
The agreement allows the owners to use small vehicles such as a golf cart or mower on the pathway, with the proviso that the commission can deny the use of any specific vehicle that violates the agreement. The owner can appeal such a denial.
No repair of the pathway is allowed other than invasive removal and culvert maintenance. Any other activity in the regulated area would require an application to the commission. To ensure compliance, the commission has the right to inspect the property three times a year.
