Torrington wetlands commission warns landowner at 516 Mountain Road to secure engineers or face court

The Torrington Inland Wetlands Commission on June 16 pressed property owner James Mazzarelli to comply with a prior show-cause order related to unpermitted work at 516 Mountain Road, and gave him one month to show engagement with a certified soil scientist and a civil/civil engineer or face possible legal action.

The property owner told the commission he has been bringing in topsoil, seeding, and doing grading and maintenance on the parcel, saying “I have 80 acres on my side of the road. I have, I do hay. I got an apple orchard. I planted last year… I brought in so far this year, 30 something loads of topsoil.” He said most of the visible work is in fields he described as agricultural.

Nate, the city’s inland wetlands enforcement officer and assistant city planner, reminded Mazzarelli of the April 1 order that required stopping activity, installing temporary sedimentation and erosion controls, completing a wetland delineation by a certified soil scientist, and submitting a soil-erosion control plan stamped by a certified engineer followed by permit applications. Nate said those steps were not completed and that the commission must decide whether to pursue fines or legal action: “The order was not complied with and the period for appeal to superior court has ended. So the commission has to make a determination on whether or not… they're gonna impose fines, take legal action, or not do those things.”

Commission members and staff discussed on-site conditions and noted some temporary erosion controls — hay bales and a pipe — that Mazzarelli has installed. Commission members said staff needs to inspect the temporary measures and that a topographic map and engineered erosion-control plan are required before the commission can approve work or lift the order. The enforcement officer requested documentation that professionals have been retained so staff can evaluate progress.

The commission did not vote to rescind the April order. Instead, commissioners told Mazzarelli he must provide proof of engagement with a soil scientist and a civil engineer within 30 days, and that failing to do so would likely result in the matter being referred to Litchfield County Superior Court. Nate also noted that wetlands mapping submitted previously (an aerial overlay and past dredging permits around the lower pond) exist in city files but do not substitute for the required, site-specific wetland delineation.

Mazzarelli said he planned to stabilize the areas in question within two weeks and disputed some elements of the order, saying much of the work he described is agricultural; commission members replied that certain grading and regrading are not exempt as agricultural activities and require permits. The commission indicated that if the required professionals are engaged and a plan is submitted, staff could work with the owner on permitting; otherwise the enforcement timeline will continue to the next step.