A nearly five year old case involving a subdivision off Bungay Road made it to the state Supreme Court Monday.
Background
In March 2004 John and Anna Fanotto Jr. asked the town’s Inland Wetlands Commission to approve a 20-lot subdivision in the area of Bissell Place and Bungay Road.
According to the application, 5.1 of the 20.3‑acre parcel is wetland — 3.6 acres of wetland were within the 4.1 acres the couple was dedicating as open space.
During a hearing of the commission in May 2004, several neighbors opposed the plan, saying that thought the project could impact the nearby Globe Mill Brook.
The commission unanimously denied the application, despite expert testimony and reports that there would be minimal impact to the wetland.
The Fanottos then appealed the decision in Superior Court, but the court instead dismissed the appeal.
The Fanotto’s appealed this decision and, in June 2008, the state Appellate Court reversed the court’s decision.
The court ordered the Inland Wetlands Commission to approve the permit with reasonable conditions.
The town then asked the state Supreme Court to look at the case.
Supreme Court Hearing
On Monday, six justices heard testimony from both sides.
The case addresses whether the commission had adequate support to deny the Fanottos’ application for a wetland permit when expert testimony and reports showed that there would be minimal impact to the wetlands associated with the proposed subdivision, according to court records.
The Supreme Court did not make a decision on the case Monday. A decision will be made at a later date, which could take six months or longer, according to the clerk of the court.
New Haven attorney Tim Lee, who is representing the town, did not return calls.
Hartford attorney Matt Ranelli, who is representing the Fanottos, said he would refrain from comment until a decision comes down from the court.
State Rep. Theresa Conroy, D‑Seymour, was among those watching the court proceeding Monday.
Conroy said state Attorney General Richard Blumenthal and officials at the state Department of Environmental Conservation have taken the town’s side in the matter.
“I’m hoping Inland Wetlands wins the case. If they don’t win, it will pretty much be by a technicality,” Conroy said.
