Court case over 55 Garnet Road ends; homeowner to pay fees and must complete swale as part of revised plan

Commissioners discussed recent litigation connected to 55 Garnet Road and a draft remediation plan. According to staff, the court dismissed the claims the homeowner had raised against the town; the homeowner (referred to in the meeting as Mrs. Greba) will be responsible for a portion of the town's legal fees while the remainder will be paid by her insurer. The commission said the homeowner must construct a swale and complete minor plan revisions requested during court; staff and the homeowner's engineer need to resolve outstanding design details (for example, whether to use river rock or rip rap) before a final permit application is submitted.

Commissioners said they would expect a finalized engineered plan and a permit application rather than piecemeal, last‑minute submittals. One commissioner noted the court set a limited period for the homeowner to complete the required work and that the homeowner must pay for construction of the swale as ordered. The commission did not record a separate enforcement vote during the meeting; members described the case as effectively resolved subject to the plan revisions and implementation timelines established by the court and the engineering review.

Staff asked that future finalized plans be provided in full so the commission can perform its usual review prior to approvals.