Commissioners Will Visit Munson Pond

FALLS VILLAGE — The Inland Wetlands Commission will conduct a site visit to investigate the construction of a pond on Canaan Mountain Road that has impacted the well of a neighbor.

At the commission’s regular meeting Monday night, Vice Chairman Sue Kelsey read aloud a Nov. 21 letter she had written to Brian Munson, who dug an artificial pond on his property and filled it with water in April 2005.

At a Nov. 6 meeting of the commission, Brian Munson’s younger brother, Karl Munson, told the commissioners that his well, which was drilled in 1993 to a depth of 165 feet, operated at more-than-adequate capacity until Brian Munson began filling the pond.

Ongoing leakage from the pond, along with natural evaporation, had forced the elder Munson to pump water into his pond on a regular basis to keep it filled. Sometimes, according to Karl Munson, his well does not provide sufficient water even for a shower or to flush a toilet. When that happens, he must haul water into his house from a hand-pump well.

Kelsey said last month the commission does not have the authority to require a permit for the construction of a pond in non-wetland soils. But once ponds are constructed, the commission requires a permit for activities such as the draining of the pond, which Karl Munson said his brother did in May.

Brian Munson and his wife, Deborah, were not informed that the issue would be discussed at the Nov. 6 meeting. Commission Chairman Ellery "Woods" Sinclair recused himself at that meeting from any involvement in the matter since he is Karl Munson’s father-in-law.

In her letter to the Brian Munsons concerning the Nov. 6 meeting, Kelsey said she "sincerely regret[s] that you were first made aware of [the attendance of Karl and Laura Munson] through the article that appeared in The Lakeville Journal." She also informed Brian Munson that the issue would be discussed again at the Dec. 4 meeting.

Kelsey said she had since spoken to Brian Munson. Munson said he preferred not to appear at Monday’s meeting because he thought "it would make matters worse." He suggested he would respond with a letter of his own, but as of the Monday meeting the commission had not received one.

"I was led to believe we would have a letter tonight," Kelsey said.

In a phone conversation with Kelsey, Brian Munson also invited the commissioners to visit his property and view the pond themselves.

"I think it would be a good idea," Kelsey said. "I think he really wants us to come."

The commissioners could not agree on a date and time for the visit. No Munsons were present at the Dec. 4 meeting. Reached Tuesday morning, Deborah Munson declined to comment.

In an e-mail to The Lakeville Journal Tuesday afternoon, Kelsey said the commission "will not be scheduling a special Inland Wetlands meeting to visit the Munson pond on Canaan Mountain Road due to scheduling conflicts among the members. Instead, individuals will coordinate with the Munsons a visit to the site at their convenience."

In a voice mail to The Lakeville Journal, Karl Munson said, "It’s a difficult situation. We thank the commission for looking into it." He referred further questions to his attorney, David B. Losee, who could not be reached by press time.