HomeMy WebLinkAboutBUTLERTOWN ROAD 375 393 (2)TOWN OF MONTVILLE
PLANNING & ZONING COMMISSION
310 NORWICH NEW LONDON TPKE
UNCASVILLE, CT. 06382
PHONE (860) 848-8549 x379 Fax (860) 848-2354
CEASE AND DESIST ORDER
DATE: February 27, 2009
TO: Lombardi Business Park, LLC
MAILING ADDRESS: 18 Sachatello Industrial Drive, Oakdale, CT 06370
Pursuant to the authority vested in me by the Zoning Regulations of the Town of Montville, Connecticut, you are hereby ordered and directed within 10 days of the date hereof, to discontinue
and/or remedy the violations and conditions on premises identified as:
PROPERTY OWNER: Lombardi Business Park, LLC
PROPERTY ADDRESS: 375 Butlertown Road, and 25 Sachatello Industrial Drive, Montville, CT – AS SHOWN ON ASSESSOR’S MAP 5, LOTS 27-5, and 27-6; RECORDED IN MONTVILLE LAND RECORDS VOL.
447 PG. 3 - DATED 9/1/04 owned by you; which may be in violation of the said Zoning Regulations of the Town of Montville, Connecticut.
An investigation of the subject premises by this office, discloses that the following conditions presently exist:
Operation of an asphalt plant without Commission approvals. These conditions violate Sections 13.3.9 and 17.8.A of the Town of Montville Zoning regulations.
A Special Permit application was made on November 26, 2008 to the Planning & Zoning Commission by Hastedt Brothers, LLC as applicant; Lombardi Business Park, LLC as property owner and
CLA Engineers as agent. On January 12, 2009 a request to withdraw the application was made by the Agent, CLA Engineers. As owner of the property, it is your responsibility to ensure
that the property complies with the Zoning Regulations.
At the present, the activity on Lot 27-5 and 27-6 are in violation of Sections 13.3.9 and 17.8.A of the Town of Montville Zoning Regulations.
Your immediate attention to this matter is hereby advised and directed.
_____________________________________________
Assistant Planner/Zoning Enforcement Officer
TES/jal
Certified Mail # 7007 0220 0004 4278 4364
Enclosures
cc: Chairman, Planning and Zoning Commission
Mayor, Town of Montville
Uncas Health District
NOTE: A further inspection will be made of the subject premises after 10 days and, if compliance is not established, the full penalties prescribed by law and as set forth below will
be invoked. You
may consult the Zoning Enforcement Officer, if there is any question to the manner and time of establishing compliance.
Zoning Regulation, Section 4.11
Penalties
CEASE AND DESIST ORDER
In accordance with Chapter 124, Section 8-12 of the Connecticut General Statutes, any person, firm, or corporation, violating any of the provisions of these Regulations, shall for each
violation upon conviction thereof, pay a penalty of not less than ten ($10.00) nor more than one hundred ($100.00) dollars for each day that such violation shall continue; but if the
offense be willful, the person convicted thereof shall be fined not less than one hundred ($100.00) nor more than two hundred fifty ($250.00) dollars for each day that such violation
shall continue, or imprisoned not more than ten (10) days for each day such violation shall continue, or both. Any person, firm, or corporation who, having been served with such order
within ten (10) days after such service, or having been served with a cease and desist order with respect to a violation involving grading of land or removal of earth fails to comply
with such order immediately, or continues to violate any provision of these Regulations shall be subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500.00).
The Planning and Zoning Commission shall have such other remedies as are provided by law to restrain, correct or abate any violation of the zoning regulations.
Appeals
Zoning Regulation, Section 22.1
Any person may appeal to the Zoning Board of Appeals when it is alleged that there is an error in order, requirement, or decision made by the Enforcement Officer related to the enforcement
of these Regulations