Rost Plans, Other Wetlands Issues Discussed at Hearing

SHARON —An unusually large crowd assembled at Town Hall Monday, Jan. 8, for public hearings by the Inland Wetlands and Watercourses Commission on two applications, including that of Michael Rost for 172A Mudge Pond Road.

The hearing on Rost’s application to build a house and driveway at the site was continued from last month.

When asked by wetlands Chairman Ed Kirby for necessary paperwork regarding notification of neighbors, Rost replied that he had not had time to obtain the documents, citing the timing of mailings to him from the commission and what he said was confusing language regarding his obligations.

And so, with a sense of anticlimax, the hearing was continued to Tuesday, Feb. 13, 7 p.m.Concerns Over Pond Health

But the evening was just beginning for Rost, who was found in violation by the commission after a site inspection in November for work already done at the site. During the regular wetlands meeting Monday night, the commission notified Rost of a cease and desist order, halting all work on the property, and set a hearing on that matter for Thursday, Jan. 18.

Rost, a member of the Schaghticoke Indian Tribe, one of two groups that has quarreled over the Schaghticoke reservation in Kent, said Tuesday that he and the group have plans for an agricultural project at the Mudge Pond Road location, noting that the area was the site of an Indian encampment in the 1700s.

And on a more prosaic note, Rost expressed his frustration at events. "I’m going broke here," he said, "and it’s taking a toll on my family."

The Rost application has stirred up opposition from residents concerned that his plans will adversely affect the pond and the town beach. The Sharon Lake Association hired a lakes specialist (or limnologist), Priscilla Baillie of Guilford, to prepare a report. Copies were circulated at the meeting.

Baillie’s report allows that "with careful, controlled development, it may be possible to improve and stabilize this environmentally challenged site," but identifies several causes for concern, including the existence of an old dump; the effect on the quality of the water flowing into Mudge Pond, particularly that of Spring Brook; and the possibility of endangered, threatened or "special concern" species in the area.

The report also advises that some of Rost’s activities to date, including excavation and bluestone rock brought to the site, might require remediation or removal.Enforcement Is an Option

At the outset of the evening Kirby opened the proceedings by addressing an e-mail that he said contained "some misinformation" about the Mudge Pond Road application.

The e-mail, which was widely circulated, incorrectly labeled the wetlands hearing as a town meeting to be chaired by First Selectman Malcolm Brown and stated "the town does not have any mechanism to enforce it’s[sic] rules."

Not so, said Kirby. "We have a mechanism. It’s called going to court, and it costs money."

State law does allow municipalities to set up a fine system for wetlands violations. State Sen. Andrew Roraback (R-30) has endorsed adopting the law, and Brown said last month he intends to pursue it.

A town ordinance was suggested during the previous administration in Sharon but was never brought to the town meeting stage.