SHELTON — Zoning officials have issued a temporary cease-and-desist notice for any further work on property at the corner of Bridgeport Avenue and Long Hill Cross Road.
Crown Point Associates — owned by the Botti family — has plans before the Planning and Zoning Commission to turn the long-undeveloped area once owned by the Wells family into a hotel, restaurants and retail.
P&Z has yet to rule on the plans, but that did not stop the developer from clear-cutting much of the nearly 18-acre site, even stump grinding and grading, without any approvals, according to city Zoning Enforcement Officer Ron Baia.
Commission Chair Virginia Harger confirmed the cease-and-desist order is in place, adding any decision on the plans will also be delayed in the wake of the developer’s actions.
The commission discussed the situation at its meeting May 14, saying the developer must create a soil- and erosion-control plan to help stabilize the ground in wetlands.
“There is no excuse for this. ... We can’t reward bad behavior,” Commissioner Jimmy Tickey said.
Jim Botti said there was a “misunderstanding” and “apologized and accepted responsibility.” But he says he has a permit allowing the work that has been done since it dealt specifically with the sewer connection work, all of which required tree removal, stump grinding and soil grading.
“I met with (Water Pollution Control Authority officials) on-site, and was told I was good to move forward with the work,” Botti said.
Baia said Crown Point Associates did receive permit approval from the Inland Wetlands Commission. Still, the actions on-site were not permitted until the Planning and Zoning Commission gave its blessing.
“They had permission to work on the sewer line ... not for the rest of what was happening on-site,” Baia said. “No more work is allowed until the Planning and Zoning Commission acts.”
Botti said the wetlands permit he received had no stipulations except to return to the commission if the Planning and Zoning commissioners’ approval calls for any changes to the plans.
Baia said removal of a tree along the brook, which flows through the property and downstream into Wells Hollow Farm, led to brownish, black water running into the Wells land. The brook provides water to farm animals at nearby Wells Hollow Farm.
Botti said his wetlands expert stated that the work done was not responsible for that water issue.
Work on a 50- to 60-foot right-of-way owned by the state of Connecticut was also in dispute.
Botti said he has sent $221,000, the agreed-upon sale price, to the state and believed the deal was done.
State Department of Transportation officials confirmed an agreement to sell the land to Botti is in place, but the final sale will not be completed for weeks, if not months. Josh Morgan, representing the CT DOT, said he has seen video of work being performed on what is still state property, but any actions taken will be by city officials.
The plans show that Woodspring Suites, a 123-room hotel, will anchor the site, which will also include Texas Roadhouse and Dairy Queen, which will have a drive-thru. The project calls for 640 parking spaces with three access points off Bridgeport Avenue.
Woodspring Suites has dozens of hotels in 40 states and the District of Columbia. There is one other in Connecticut, in Newington.
Botti’s Crown Point Associates owns the neighboring Crown Point Center, which has six buildings and 60,000 square feet of space off Bridgeport Avenue. Tenants include Wendy’s, Dunkin', Common Grounds, The UPS Store, a Subway sandwich shop, a T-Mobile store, a nail salon and a pizza restaurant.
Botti was also the developer behind many other Bridgeport Avenue projects, such as the King Point shopping plaza, a restaurant and bank complex at 828 Bridgeport Ave., and founder of nearby Fountain Square, which is now under new ownership.