Middletown agency approves 8‑lot Arbutus Street subdivision after residents raise wetland and flooding concerns

The Middletown Inland Wetland and Watercourse Agency voted to approve an eight‑lot subdivision on a 17.98‑acre parcel on Arbutus Street (permit W2025‑2) after a public hearing in which neighbors pressed for protections for wetlands, wells and wildlife.

At the hearing the applicant’s representative, Jesse Langer of Updikelli and Spellacy, told the commission the proposal converts the parcel into eight lots under R‑45 standards because the site lacks municipal sewer and water. Langer said the subdivision avoids wetlands and that only Lot 1 contains a small isolated wetland pocket that the soil scientist characterized as “nearly unrecognizable” and lacking typical wetland functions. The plans include drainage revisions requested by the city engineer, including the addition of four catch basins and a detention measure, Langer said.

Neighbors disputed that characterization. “My driveway turns into a river,” Ed Long of 288 Arbutus Street said, adding that his well sits near the area of proposed grading and he worries about groundwater effects. Nancy Long, whose family farmhouse dates to 1839, said a brook behind her property once supported trout and that she feared increased runoff and loss of habitat. “It’s precious to us and it’s beautiful and it is at work for us,” Dr. Pamela Dieter Sands said. Several residents cited the city’s 2020–2030 Plan of Conservation and Development while urging the agency to give greater weight to open‑space and wildlife values.

Applicant Steven Chardon, who identified himself as a licensed civil engineer and said he plans to build one of the homes himself, showed maps and flood contours and said seven of the eight lots are outside the 100‑foot upland review area. He told commissioners the health department approved conceptual subdivision plans and that confirmatory test pits will be completed for specific rear lots prior to building. Chardon also said he plans a shared driveway to reduce impacts adjacent to existing homes.

Commission staff and the certified soil scientist explained that wetland delineations are made by examining soil colors and textures in augured test pits and that the presence of gray/white colors within the upper soil profile indicates long‑term saturation. Staff noted Ian Cole’s delineation (04/20/2024) and said the revised plans show grading and drainage outside the upland review where practicable.

After discussion the agency read a draft finding of fact that cited Connecticut General Statutes section 22a‑41 and the agency’s regulations, and granted the permit with the standard stipulations. The permit requires Lots 1 and 6 to return for individual site plan review to demonstrate how future house sites and septic/leaching fields will avoid the wetlands and upland review area. The motion passed by a recorded result reported as 6 in favor and 2 opposed.

The decision does not eliminate review by the Planning and Zoning Commission; staff said that body will consider lot configuration, access and other land‑use items. The agency’s approval applies to the subdivision layout and includes erosion‑control bonds, limits on equipment in regulated areas, notification requirements, and monitoring conditions intended to protect wetland resources.

What happens next: the applicant may record the subdivision per local procedures and future building permits for each lot will require confirmatory tests and site‑specific wetlands review for lots subject to the upland review area.