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HomeMy WebLinkAboutIRTown of Montville Planning Department Complaint Log Entry Date: 6/6/08 Location: 1399 Old Colchester Rd Purpose of Inspection: Complaint Inspected By Wetlands Officer Mr. & Mrs. Chester of 35 Lena’s Rd came in to make a complaint about activity on the property located at 1399 Old Colchester Rd. They indicated that there had been recent ATV use within the buffer area. Mr. Chester indicated that the Diamantini’s son appeared to start for the side of the garage would ride down into the buffer area and turn around and go back up the hill. They presented pictures from the last week of May and a video from the first week in June. A letter of inquiry was sent to the Diamantini’s indicating that another complaint had been made and an inspection of the property would be required. An inspection was made on the property on June 6, 2008. Mrs. Diamantini indicated that an ATV was used over the Holiday weekend in the vicinity of the dock and beach area to help with a jet ski. She indicated that she has told her children that they were not allowed to ride within the buffer area or on the beach area. To the best of her knowledge they have been out of those areas. She showed Staff the area where her son had been recently riding. Staff noticed that the area that is shown in the pictures has been worn away by use and a definite path has been created. There was no visible evidence that the ATV was causing any damage to the area (no ruts ). However a slight berm has been created by the pushing of material from the tires. The area that appeared to be the turn around area was within the buffer area as shown in the pictures of the vegetation that abuts the area. Mrs. Diamanti was told again to keep the ATV activity out from this area. Town of Montville Planning Department Complaint Log Entry Date: 9/5/07 Location: 1399 Old Colchester Rd Purpose of Inspection: Complaint Inspected By Wetlands Officer Mr. & Mrs. Chester of 35 Lena’s Rd came in to make a complaint about activity on the property located at 1399 Old Colchester Rd. Mr. Chester indicated that about 5 years ago he made a compliant of some activity in the area and was told that the office could not do anything. Since Staff did not remember the conversation she indicated that she would look into the new complaint at this time and let the Chester’s know what was found out. The complaint was for the following: 1. Removal of trees and the creation of a beach area 2. Installation of a dock 3. Operation of a vehicle in the waterbody 4. ATV use in the wetland area 5. Placement of rocks in the waterbody After further discussion with the Zoning Officer regarding the complaint, it was determined that it is possible that the Chester’s and/or the Oxiby Association may have been told that it was up to the Association to first approve any work in the area, since the area in question is under their purview as the property is located within the Greenbelt area and that Staff had no control the decisions of the Association. It is unclear, however, if the Association gave their permission for the activity. The original Association officers were killed in a plane crash and therefore there is no way to contact them and confirm what was or was not approved by them. Town of Montville Planning Department Inspection Report Date: 9/6/07 Location: 1399 Old Colchester Rd Purpose of Inspection: Complaint Inspected By Wetlands Officer Staff ran into Mr. Diamantini in the Town Hall parking lot and explained that a complaint had been filed and that an inspection of the property was needed. The applicant agreed to 10:00 am on September 6th. Staff explained the complaint to Mr. & Mrs. Diamantini and further explained how they were in violation. The Diamantinis’ indicated that they were told that it was ok to proceed with the activity in the area by the association. However no written agreement was filed. Staff explained that wetlands permits were still needed for the activity in the area whether or not the Association gave them permission. Staff indicated the following activities that were in violation of the wetland regulations: 1. Creation of a deck and dock within the buffer 2. Creation of a beach within the buffer 3. Removal of trees within the buffer 4. Creation of a road/path within the buffer 5. Evidence of scouring from activity in the waterbody Staff indicated that a Cease and Desist Order would be filed to allow the Commission to review that activity and how they would like to proceed with the violation.