Simsburyofficialsto take action against developer as neighborhood faces drainage issues
Aug. 2—The move is one of the few the town can take in order to facilitate needed drainage and sediment control improvements. It has also frozen issuing building permits to Ferrigno, owner of Avon-based Sunlight Construction Inc. in order to get him to complete drainage, sidewalks, curbing, pavement, siding, pillars, street lights traffic signs and other unfinished or substandard work.
Cambridge Court resident Mark McGrath said Tuesday that he appreciates the fact that town officials have been taking an active interest in their situation and that it makes him proud to call Simsbury home.
McGrath said he has been photographing flooding issues in the neighborhood and sharing that documentation with town officials.
"As the cracks in the soil have widened, more water has been pouring into the bowl-like surface between quite a few of our homes, and sometimes the water has crossed patio space and inched up to homes," McGrath said. "If steps are not taken to prevent the erosion from getting worse, I believe it has the potential to eventually flood some homes and possibly cause structural damage."
Ferrigno did not respond to requests for comment.
The town has also begun foreclosure proceedings on eight of his Cambridge Court properties and two more in town for more than $100,000 in back taxes.
However, legislation enacted in 2021, gives Ferrigno up to 14 years to complete the development that was approved in 2018.
First Selectwoman Wendy Mackstutis said Tuesday that she expected the board to vote to approve interim town manager Lee Erdmann's request for the action.
"It's a way to enable the town to get involved and do some cleanup around the erosion and sediment issues that have been unattended by the developer," Mackstutis said. "It's a way to help out the residents to the extent that we can."
Ferrigno, a Simsbury resident, and his company are the subject of several civil suits from prospective homeowners who allege that he took hundreds of thousands of dollars in deposits for the purchase of land and construction of homes, and that instead he used the money to pay creditors.
People's Bank and Liberty Bank have also initiated legal proceedings against Ferrigno and Sunlight totaling several million dollars.
Companies who supplied Sunlight with building materials or building services have also filed suit.
The state Department of Consumer Protection has also initiated at least one investigation into Ferrigno's business practices.
In his summary of the request, Erdmann said that at the onset of the project, the town had required the letter of credit and cash bond for surety related to sediment and erosion control on site.
In order to correct the sediment and erosion control deficiencies, Erdmann wrote, the town has called the letter of credit and cash bond on the property and that the town will use the funds to perform erosion and sediment repairs at the property. The work, he said would be focused on preventing further erosion, improving drainage conditions and elimination of standing water.
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