A Department of Public Health administrative hearing on an appeal over a Westbrook cottage focused on whether renovations — the removal of an interior wall and the installation of split‑unit HVAC — converted a traditionally seasonal dwelling into a year‑round residence under the public health code.

Appellant counsel urged that the evidence shows the house already had heating, insulation and a frost‑protected water line before the recent upgrades and therefore did not undergo a legally significant conversion. "We don't believe the town can meet its burden that this was in fact a conversion," Attorney Cassello said in closing, arguing the code's conversion standard requires that the building was not previously equipped for continuous occupancy.

Town counsel countered that informal or unpermitted heating installed in the past does not demonstrate lawful prior capacity and that the recent work — including the removal of a wall that combined rooms and installation of HVAC — created more efficient, new coverage that supports a finding of conversion or change in use. Attorney Gustafson argued the alterations increase the likelihood of year‑round occupancy and place additional strain on the property's septic system, which is central to the town's public health concerns.

Witness testimony and documentary evidence were presented on technical points the parties flagged as central. Counsel admitted a Connecticut Water Company seasonal customer guide as Exhibit 3; the guide shows typical curb valve/curb box depths of 4–5 feet. Town counsel had the hearing take administrative notice of the Connecticut Water rules as approved by the Public Utilities Regulatory Authority (PURA), which state that "all services new or renewed for year‑round use shall typically be laid at an invert depth of 5 feet below ground surface" (PURA rules cited 07/01/2024). Mr. Archer, a witness who said he has worked as a contractor in the past, testified that five feet is the usual requirement for year‑round services but acknowledged that the company guide shows 4–5 feet and that exceptions may occur where groundwater prevents deeper installation.

Property owner Mr. Tierney testified he had understood he could use the house year‑round and that he had received annual notices from Connecticut Water indicating the utility does not routinely shut off water for properties; he also said he did not retain copies of those notices. On other factual points, Tierney said a 2020 soil test was performed to assess an aging septic system, not specifically to pursue conversion to year‑round use, and confirmed that some parts of the house (the mechanical room and certain bathrooms) lack direct heating sources.

Both sides anchored their legal positions to section B100A of the public health code. Appellant counsel emphasized the code’s conversion definition (heat, frost‑protected potable water, and insulation) and argued those elements were in place prior to the new HVAC; town counsel emphasized that structural and mechanical changes that increase occupancy or provide more efficient heating coverage can constitute a conversion or change in use and highlighted septic‑system risk.

The hearing officer did not issue a decision at the close of argument. Instead, the officer ordered production of town property/field cards for the subject parcel (and potentially related assessor records) and left the record open pending receipt of those documents, which the parties agreed would be produced by 01/07/2026 for review. The hearing was then adjourned for the day.

Next procedural steps: the record stays open for the field cards ordered by the hearing officer; the officer offered the parties the option to submit briefing if they request it after the additional records are filed.