Panel Sets Rules To Remove Prosecutor’s Dirt Dump

The Planning and Zoning Commission Wednesday night hammered out a concensus that could result in 175 truckloads of fill being removed from the property of Paul Gaetano, the supervisory assistant state’s attorney for the Ansonia-Milford judicial district.

While a stop work order remains in effect at Gaetano’s home, he is expected to comply with the commission’s requests so that an after-the-fact” permit can be issued for work last year filling in his property. 

The now-flat backyard will be excavated down to a slope.

Gaetano hired workers who dump fill in his yard to make it level — but never received the required city permits.

Gaetano told the Valley Indy his wife inquired in Shelton City Hall and was told no permit was needed.

The asphalt will be removed, the rebar, trees and branches will be removed,” said Ruth Parkins, chairman of the commission, reading off the list of requirements Gaetano must satisfy to receive the permit.

The commission also wants Mark IV Construction, which is performing the work for the Gaetanos, to monitor plantings, including evergreen tree,s to be certain they are healthy. 

The firm must also test neighboring well water during the excavation — as well as a year from now — and post bonds for site completion and landscaping material guarantees.

Mark IV last year dumped an estimated 7,000 cubic yards of dirt in the yard to eliminate Gaetano’s slope.

It has been an emotional issue with neighbors. 

The next meeting, at which the temporary special exception could be issued, is set for March 4. Neighbors have attended the public hearings and expressed concerns about their wells, among other issues.

The engineer for the project has assured the neighbors that tests show no evidence of oil on the property. They were concerned because some of the fill was asphalt, which is partly made from petroleum.

I still have an issue with the runoff, the contaminants left on the property,” said neighbor Thomas Hanko, who spoke at the continued public hearing Wednesday. I am in no way against anybody upgrading their property. It’s not an aesthetic issue anymore. I’m interested in the value of my health and my personal property.”

Mary Peck, who said she lives directly below the backyard, also expressed concerns about her well.

What I have now is asphalt that could go into my well system. Nowadays, this is 2010, people are more aware of their environment and the dangers. I don’t like asphalt buried in there.”

Attorney Dominck Thomas, who represents the Gaetanos, said he will discuss all the requirements with his client before the next meeting and believes the matter is being resolved. 

The commission also wants Mark IV to provide a site monitoring plan and provide telephone numbers of people who can be contacted on weekends, when regular businesses and City Hall is closed.

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