The excavation mishap that left Shelton resident John Wardowski’s home perched near the edge of a steep cliff is getting more expensive for a developer and his contractors.
Even so, a lawyer hired by Wardowski hinted at a Planning and Zoning Commission meeting Tuesday (April 9) that the fixes the developer has proposed so far won’t be enough to make up for damage to Wardowski’s home — and its value.
“This is going to be costly for everybody, including my client,” the lawyer, Dominick Thomas, said after the commission closed a hearing on the matter Tuesday night.
Background
Bishop Management owns land at 781 – 785 River Road, underneath Wardowski’s property, at the end of Turner Road. The company also owns the Connecticut Sports Center, across the street on River Road.
In 2011, the company won approvals from the Shelton Planning and Zoning Commission to change 781 – 785 River Road’s zoning from residential to commercial.
That paved the way for the developer to build a retail building on the site, the construction of which required the blasting of rock ledge.
But, in December, after extensive blasting and material removal had taken place, the side of the “rock cut” collapsed —- and carried with it a 25-foot buffer zone meant to separate Wardowski’s property from the retail property.
The collapse left Wardowski’s house perched precariously at the edge of a steep cliff.
Rick Schultz, Shelton’s Planning and Zoning administrator, blamed the developer for failing to perform test borings that would have shown the hillside was made of loose stones and dirt, not solid rock as was supposed.
A stop work order issued by Schultz in December was revised in January, requiring the developer to propose a remediation plan.
Litigation?
At Tuesday’s meeting PZC Chair Ruth Parkins read a letter from Building Official Joseph Ballaro announcing that the city has hired a structural engineer to oversee the construction of a retaining wall that the developer, Bishop Management of Shelton LLC, proposed to correct the problem last month.
Ballaro said Bishop Management would reimburse the city for the cost.
Wardowski’s lawyer, Dominick Thomas, told the commission he hasn’t had time to thoroughly review the case, but hinted hinted that Wardowski isn’t satisfied with the proposed solution, which would leave his house only about 20 feet from the edge of the pit, instead of 30 to 40 feet from the edge as called for in the original plan approved by the PZC in 2011.
“My goal is to avoid litigation. My goal is to resolve it,” Thomas said, the first time the L‑word has been mentioned in connection with the mistake.
Local caterer David Grant, who was at the meeting for an unrelated matter, added what Thomas was perhaps too coy to say directly.
Grant said he has gone by the development site at 781 – 785 River Road numerous times and believes that the problem has resulted in a considerable devaluation of the house Wardowski purchased in 2009 for $340,000.
“This guy can’t sell his house for what it was worth,” Grant said bluntly.
Thomas said privately that that’s what he was hinting at.
The Wall
Bishop’s general contractor, Joe Grasso, and project engineer, Jim Swift, presented their plan to the PZC for a retaining wall to shore up the part of the excavation wall that collapsed.
Grasso said he would use a “form liner” to create a decorative surface on the cement retaining wall, and once the cement had time to cure he would spray it with masonry stain to make it look like natural stone.
Planning & Zoning Administrator Rick Schultz suggested requiring the developer to post a maintenance bond to ensure that the stain is reapplied every few years.
Grasso also proposed installing black, vinyl-covered fencing at the top of the retaining wall to prevent people from falling off the edge. He displayed a sample, explaining it was designed to surround swimming pools because the material was too slippery for children to climb it.
Howard Saffan, a principal owner of Bishop Management, assured the PZC that his company takes responsibility for the mistake and wants to correct it.
After closing the hearing for the evening, the commission deferred making a decision until the developer’s plans are firmed up some more.
