Bethany Wetlands Commission Approves 3-Lot Amity Road Subdivision Plans With Conditions

BETHANY, CT — The Bethany Inland Wetlands Commission unanimously approved revised wetlands plans for a three-lot subdivision at 244 Amity Road during a Sept. 28 special meeting, subject to a favorable review by the commission's consulting engineer and payment of an additional peer-review fee.

The project by Roger and Mary Ellen Simon calls for developing a private road over an existing millings driveway, with grading within the wetlands upland review area. Luke Sofair, representing John Paul Garcia & Associates, presented revised plans to the commission.

Sofair said the revised calculations treat the existing millings driveway and building as pre-existing conditions. The revisions eliminated previously proposed curbing and catch basins along the driveway and eliminated a proposed detention basin. They also reduced grading near the wetlands and moved new stormwater management measures farther from the wetlands, leaving what the minutes describe as minor grading and paving within the regulated area.

The commission noted that consulting engineer Jim Pretti of Criscuolo Engineering had not completed his review when the commission acted.

Commissioner Frederick Horstman moved to approve the plans prepared by John Paul Garcia & Associates, subject to a favorable review by Pretti and payment of the supplemental application fee for the peer engineering review. Commissioner James Nickle seconded the motion.

Chair Kristine Sullivan and commissioners Horstman, Kedric Becker, Nicholas Stauner and Nickle voted in favor, making the vote 5-0.

Commission Discusses Pending Lawsuit

The commission later entered executive session to discuss a settlement offer in The Nevar Company v. Inland Wetlands Commission of the Town of Bethany.

The vote to enter executive session at 7:54 p.m. was 5-0. Town counsel, commission members and Wetlands and Zoning Enforcement Officer Curtis Bosco participated, while alternate Patricia Limauro and minutes clerk Dey Patterson were excused.

The commission returned from executive session at 8:29 p.m. on another unanimous vote.

Ann Drive Complaint To Return In October

Bosco also reported on a complaint from Teresa Tschupp concerning the removal of a swimming pool and subsequent filling of the pool area at 34 Ann Drive.

According to the draft minutes, Tschupp alleged that asphalt millings or debris had been used to fill the former pool instead of clean fill and that the pool water had not been removed by a pumping service as required. Those allegations were not established as findings by the commission.

Bosco told the commission that during a site visit he observed material that appeared to be rock or shale but could not determine whether asphalt had been buried underneath. Commissioners agreed to review the permit previously issued for the pool removal before taking further action and to invite the property owner to the Oct. 19 regular meeting to explain the work performed.

Another enforcement matter involved a driveway complaint concerning 12 Emerald Lane. Bosco reported that complainant Maricica Gyerko subsequently asked to withdraw the complaint after consulting her attorney. The commission was also told that an appeal had been filed and that the property owners had abandoned the project and no longer planned to proceed.

Commissioners unanimously approved their Aug. 17 meeting minutes with a correction changing a reference from "Ebony Rd" to "Amity Rd." The commission adjourned at 8:55 p.m. on a 5-0 vote.