After a mudslide last month that occurred due to the construction of the Montville Commons shopping center in Montville, the project’s developers have reached an agreement that requires them to provide sod to all the properties that were affected and to provide money to the state.
Second Family LLC, Home Depot USA, Antrim Development, Manafort Bros. and Nittany Construction have agreed to pay the state $75,000 for the alleged violations that led to the mudslide, which caused nearby Route 32 to be closed for a time and led to the evacuation of some nearby residents. The mudslide reportedly came within feet of a nearby home.
Attorney General Richard Blumenthal won an injunction from Hartford Superior Court last month that shut down the construction at Montville Commons, which will house a Home Depot and other stores. The injunction also said the companies must bring the project into compliance with state law and begin repairing the property, the dam and retaining wall and affected homes.
Last week’s agreement, which the development team made with Blumenthal and Department of Environmental Protection Commissioner Gina McCarthy, will allow the developers to immediately begin limited construction to secure the slope where the mudslide occurred. Also a problem was a dam at the top of the slope, which failed and allowed the mud to come rushing down. The developers must permanently fix any problems before beginning more extensive construction.
‘A Stricter Agreement’
Blumenthal and McCarthy had ordered a halt to construction at Montville Commons after builders began illegally installing natural gas lines and placed equipment in the exclusion zone at the edge of the site’s slope.
The $75,000 paid to the state will be used for an environmental project of McCarthy’s choice.
The developers also will place new sod on the yards of the affected homes, relieve water pooling in the backyards of the nine affected homes on Podrugiel Lane and stabilize the slope behind the homes to prevent more mudslides.
“Our request that this developer be held in contempt of court has produced a stronger and stricter agreement and stringent monetary penalties,” Blumenthal said in a prepared statement. “But we will continue to monitor the site and go back to court if necessary to protect safety and repair the damage. These homeowners deserve better and the developers deserve no third or fourth chances to follow the law. The net consequence of this agreement is to permanently stabilize the slope and restore homeowners’ backyards before any major work is done.”
The developers were required to submit a plan to McCarthy by the end of Thursday to stabilize the slope for winter. The stabilization must be completed by Nov. 28.
“The new agreement with the developers of Montville Commons brings good news for neighbors of the project, addresses critical safety issues at the site and sends a very strong message that rules and regulations governing construction in Connecticut must be obeyed,” McCarthy said. “We believe the steps outlined in this agreement will improve the safety and integrity of the site. In addition, DEP and the Attorney General’s Office will be vigilant in monitoring compliance with the agreement.”
Manafort Bros. and Antrim Development did not return phone calls by press time. Home Depot USA did not return an e-mail, and the contact information for the other developers was not available.
Earlier this month, Blumenthal and McCarthy reached another agreement that said several of the Podrugiel Lane homeowners will have their houses connected to the town water supply after the dam failed and the retaining wall separating the homes from construction on a new shopping center caused mud to slide down their backyards and contaminate their wells.
