Brubeck family files appeal

The family of the late jazz icon Dave Brubeck has filed an appeal in court over the decision of the Inland Wetlands Commission, which in effect denied their application to locate potential homesites, septic systems, wells and accessways on six existing, separate residential lots on Hickory Hill Road and Millstone Road that they have owned since the 1960s.

“During the year-long review process the Brubeck family went to great lengths to revise their plan to be very environmentally sensitive.   They made numerous changes and compromises in response to questions and suggestions from the Commission and from the independent expert engineering/environmental consultants selected by the Commission.  The Brubeck family even agreed that eight of the twenty acres comprising the six lots would be a permanent conservation area,” said Richard S. Jeweler, trustee of the David W. Brubeck Trust and Iola W. Brubeck Trust, in a statement to the Bulletin.  

As a result of those changes and compromises, the town’s independent expert consultants had no material issues with the final plan for the six lots or any objections to it, Jeweler said. But the commission voted otherwise. The board approved significant regulated activities on lot 5, lot 6 and lot 7 with conditions, but denied without prejudice the proposed activities on lot 1B, lot 8, lot 9 and lot 10.

“It’s a very complicated project,” board member Tom Burgess said in June. “We have to give it our time.”.

The Brubeck family agreed to all of the material changes requested by the Town’s independent expert engineering/environmental consultants.  “The Brubeck family appreciates the time and energy the volunteers on this Commission devoted to this application, but are perplexed by the Commission’s decision,” Jeweler said.

In view of this situation, the Brubeck family is seeking judicial review of the commission’s decision.  “They look forward to obtaining a court order that will allow them to achieve their goal of providing six environmentally sensitive homesites on their six long-time existing lots,” Jeweler said.

The Brubecks moved to Wilton in 1962. A subdivision was approved there in 1954 and again in 1968.

Part of what complicated the proposal is that the land is the equivalent of two football fields and is full of wetlands, including the Comstock Brook, members said.