‘Green and Stagnant Pool Water’: Notice of Violation Issued for Turtle Back Road Property Owners

Saying an disused, murky 800-square-foot in-ground pool is a health hazard, town officials issued a Notice of Violation to the owners of a Turtle Back Road home.

The property at 117 Turtleback Road in New Canaan. Credit: Michael Dinan

A complaint of possible mosquito breeding and infestation in the “green and stagnant pool water” at 117 Turtle Back Road led municipal officials in the New Canaan Department of Health to look into the property, according to the May 8 Notice of Violation.

Officials “found that the pool to be uncovered and filter non operational,” it said.

“The water was dark green/brown and the presence of mosquitoes was found. No pool cover was present and the grass area around the pool overgrown/unkempt as well. The overall property was unkempt and had overgrowth that can contribute to the mosquito growth. The fence to the property was also open and this constitutes a safety hazard to the pool open and unsecured. The fence must also be secure to ensure the safety of others in regards to the pool.”

According to tax records, the 2.89-acre property and 4,888-square-foot home were transferred for zero dollars in March 2012 to a limited liability company. The immediate past owners were Robert and Kimberly Cuda, the tax records show. Kimberly Cuda also is listed in Connecticut Secretary of the State records as managing partner of the current ownership company, 117 Turtleback Road LLC.

An attorney representing the company, Daniel Shepro of Stratford-based Shepro & Hawkins LLC, said in a May 25 response letter to the New Canaan medical director that the company gave a deed in lieu of foreclosure to Nationstar Mortgage LLC last October.

“The transferee has not recorded the deed because it wanted a release of a lien, which has now been done,” Shepro said. “We expect the transferee to now file the deed and will cure the violation. We ask for a two week extension in order for the transferee to take care of the violation.”

In the town’s Notice of Violation, officials specifically cited the Environmental Health section of the Connecticut General Statutes which lists conditions that constitute public nuisances and include “stagnant water likely to afford breeding places for mosquitoes within a residential direct of within a distance of a thousand feet therefrom.”

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