Southington suing homeowner over alleged soil and fill sales

Southington suing homeowner over alleged soil and fill sales

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SOUTHINGTON — The town is seeking a court injunction against two Andrews Street homeowners, saying they’re operating a business from their residential property.

Richard Newland, who owns the house with his wife Amanda, said he was doing work on his property at 210 Andrews St. He owns a landscaping company in Meriden that has a North Colony Road address.

Town Attorney Jeremy Taylor wants the court to issue an injunction against the Newlands, ordering them to stop storing vehicles of more than one ton at the Andrews Street house and to end commercial activity such as transporting, storing and processing fill. Storage of commercial vehicles and the other activities are prohibited by town zoning laws, Taylor wrote in court documents.

He sent a cease and desist letter to the Newlands in September. The Newlands didn’t appeal the decision and haven’t complied either, Taylor wrote.

Richard Newland said it was “not accurate” that he was conducting business from his house. He’s completing a house addition with a pool himself and is using equipment from his company.

“I’m not running any business out of here,” Richard Newland said.

Selling fill?

Roman Rudyk, a North Star Drive resident and a neighbor of the Newlands, said he saw an online ad for fill in 2019, listing the address of the seller as the Newlands’ home.

“Mr. Newland invited me onto his residential property located at 210 Andrews Street and showed me a pile of fill and priced out a fee to purchase and transport the fill to my house,” Rudyk wrote in his affidavit.

He also wrote that he saw dump trucks and other commercial vehicles at the Andrews Street house.

Another area resident, Greg Szwarc of White Sail Drive, lives adjacent to the Newlands. He wrote that over the past few years, he’s seen trucks transporting fill to and from the Newlands’ property as well as dumpster and vehicle storage.

Szwarc wrote that this took place on an “almost a daily basis.”

The town’s court filings also included photos of dump trucks and excavators at the Newlands’ property.

Injunction, fine

Taylor wrote that he wanted the court to issue an injunction against the Newlands as well as fine them $500 for their violations and make them pay attorney and court fees related to the lawsuit.

The court hasn’t yet ruled on the injunction. The next court date for the lawsuit is in May.

“The town staff is actively keeping tabs on activity on the property,” Taylor said.

jbuchanan@record-journal.com203-317-2230Twitter: @JBuchananRJ

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