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03/25/2010 12:00 AMWhen it comes to overseeing their beach and beach-front properties, residents in the small waterfront communities in town turn protective when they feel that someone, even their own town, is violating an environmental law.
Recently, a group calling itself the "concerned residents of Indian Cove and Mulberry Point" had a laundry list of what it called "negative environmental impact at taxpayer expense" complaints about the town-a list that accused Parks & Recreation Director Rick Maynard of using an illegal spray near water, not obtaining proper permits, operating below the high tide mark, not disclosing the cost of the project to residents, and not planning ahead for work that may cause potential damage to the beach. In addition, there was a complaint that the town's Department of Public Works (DPW), under the order of Maynard, bulldozed a section of the beach-an action that will now lead to the flooding of the road.
The beach in question is at the intersection of Mulberry Point Road and Daniel Avenue.
Area residents' biggest complaint, said Indian Cove resident Karen Anderson, is that the town, which received calls from one resident, cut down several trees on the beach and did not have the authority to do so.
"It does not seem as if protocol was followed," noted Anderson, who said there was only one family that complained about its water view's being restricted. "It is not a good use of town money-it is actually a big waste of money."
Anderson said that the town took down the trees without notifying the neighbors, did not act within state Department of Environmental Protection (DEP) guidelines, and sprayed the area with a substance that is illegal to use around water.
"Guilford is famous for this type of activity," said Anderson. "They do what they want and not follow protocol."
Maynard said he understands why residents become very protective of their beaches and he thanks many of them for their diligence.
"We really value the neighbors as they keep an eye on things," said Maynard, whose department is tasked with the maintenance of town beaches and parks.
Maynard said because the little beach in question is owned by the town, it is under his jurisdiction to make the area safe and enjoyable for all residents. That includes removing an invasive tree species called tree of heaven (Ailanthus altissima, which is on the DEP's list of invasive plants), poison ivy, Asiatic bittersweet, and some washed up debris. In order to perform such a project, the town's DPW did move a boulder. The town also used a front-end loader - not a bulldozer - to lift logs and briars into a chipper, but not to move any soil. Both activities, which occurred above the high tide marks, were approved by the DEP, according to Maynard.
Maynard also contacted the DEP before he used the product called Roundup. The DEP approved the product and said that the town did not need a license for its application.
"Although our guys do have a pesticide application license, we were told by the DEP that we didn't need a license for this project at the beach," said Maynard.
In addition, Maynard contacted First Selectman Joseph Mazza, who suggested that he notify Conservation Commission Chair Jennifer Allcock to get her input on the project. Maynard also spoke to a representative from the Army Corps of Engineers
who agreed that as long as his department was not moving sand, dragging logs into the water, or working below the high tide line, the project had its approval.
"The Board of Directors of the Indian Cove Association gave us their unanimous support," said Maynard, who also received a letter of support from the president of the Mulberry Point Association.
Environmental Planner Kevin Magee said he went through the proper channels in the removal of the trees by posting the area for tree removal in accordance with the town's ordinance of the same name. Residents with any questions or issues have 10 days to notify Magee, in writing, as to their concerns. Not one letter was received by his office regarding the posted removal of the trees, said Magee.
The tree removal followed U.S. Forest Service and National Park Service guidelines, he said. The trees are cut before flowering in the spring by a cut stump treatment method. The stumps are treated by a hand sprayer with a herbicide called Rodeo, a glyphosate product approved by the DEP for use near water.