Torrington commission upholds cease-and-desist for 516 Mountain Road, orders erosion controls and surveys

The Torrington Inland Wetlands Commission on April 1 voted to uphold and amend a cease-and-desist order for property at 516 Mountain Road, owned by Mary Jane Mazzarelli, requiring immediate temporary erosion-and-sediment controls, a complete wetland survey of the property and a formal soil-and-erosion-control plan prepared by a qualified professional.

Nate Nardi Cyrus, the city's inland wetlands enforcement officer and assistant city planner, reviewed recent site visits and aerial imagery and described extensive grading, new ponds and exposed soil around existing waterbodies. He said he had issued a cease-and-desist under section 14.4 of the Torrington Inland Wetlands Regulation and had mailed a notice to the owner. "You are hereby ordered under section 14.4 of the Inland Wetlands Regulation to cease all activity within the regulated areas of the property and attend a show cause hearing at the next meeting of the Torrington Inland Wetlands Commission," Cyrus read from the order during the meeting.

Cyrus told the commission that his site observations included trenches and steep bank grading near a pond, multiple excavators that had been stuck in a drained pond, and cleared areas that appear to exceed the scope of a prior jurisdictional determination. He recommended amending the order to require: temporary soil-and-erosion-control measures (for example a silt fence and hay bale backup) to the satisfaction of the wetlands enforcement officer; a wetland survey prepared by a qualified soil scientist for the entire property; and a soil-and-erosion-control plan and permit application prepared by a qualified professional upon completion of the wetland survey.

Commission members discussed the scope of disturbance (staff estimated multiple acres of clearing in the recent work), whether plantings on the site were agricultural or ornamental, and the appropriate short timetable for compliance. One commissioner noted the difficulties of regulating a property where activity recurs across a large parcel; another urged prompt steps to require temporary controls to stop ongoing sediment loss.

The commission voted to adopt the recommended amendments to the cease-and-desist order. The motion recorded the additions Cyrus proposed: temporary erosion-and-sediment control measures installed to the wetlands enforcement officer's satisfaction, a full wetland survey of the property by a qualified soil scientist, and a soil-and-erosion-control plan and permit application prepared by a qualified professional. One commissioner recused from the vote, citing prior exposure to office conversations. The chair announced the motion carried after voice votes of "Aye." Cyrus said the next steps would include issuing the written decision, allowing the owner any statutory appeal period to superior court, and — if compliance is not achieved — referring the matter to the city's corporation counsel for possible citations or court action.

Cyrus also noted parallel zoning enforcement: because clearing of 0.5 acres or more requires a grading permit and soil-and-erosion control documentation under Torrington zoning rules, zoning staff issued concurrent notices. Cyrus said zoning has a 30-day administrative appeal period through the Zoning Board of Appeals; wetlands decisions can be appealed to superior court under the statutory timeline.

The commission instructed staff to send the amended cease-and-desist order to the property owner and to return any compliance documentation to the commission; staff said it would seek a compressed timetable for initial temporary controls and the wetland survey given ongoing disturbance at the site.