Stratford commission approves restoration plan and lifts cease-and-desist at 400 Keating Drive

The Town of Stratford Inland Wetlands Commission voted to lift a cease-and-desist order for 400 Keating Drive after the property owners presented a restoration planting plan and a soil scientist's report that found no overlap between the placed fill and the regulated wetlands.

Attorney Jeff Myers, speaking for the owners, said the soil scientist, Dr. Steve Danzer, delineated the border of the fill and the wetlands and found "the closest that the fill comes to the wetlands is 25 feet, but most of it's more than 45 feet." Myers said the fill placed more than two years ago consisted largely of stone, cement and a few bricks and that probing up to 20 inches encountered no buried construction material in the level areas.

Commissioners raised concerns about potential contamination and whether surface probing was sufficient. Kelly, the town staff reviewer, noted a particular worry about asphalt and petroleum hydrocarbons. Commissioner Joe cautioned the commission that if hidden asphalt were present it could "leach into the groundwater." Another commissioner said invasive testing (test pits or backhoe excavation) would be the only reliable way to know what is buried.

Faced with that uncertainty, the commission balanced the applicant's scientific report and willingness to implement a restoration planting plan against the practical limits of further intrusive testing. Chair moved that the commission require a professionally prepared planting and restoration plan, to be developed by the applicant and reviewed by staff; if those requirements were met, the commission would lift the cease-and-desist. Commissioner John moved the motion; it was seconded and approved by voice vote.

Kelly will work with the applicant to finalize the planting plan and confirm required monitoring and bond provisions. The commission recorded that several members would have preferred groundwater or soil sampling but accepted the soil scientist's field observations and the restoration plan as sufficient for lifting the order conditioned on compliance.