BETHANY, CT — The Bethany Inland Wetlands Commission unanimously approved revised plans for a three-lot subdivision at 244 Amity Road during its Sept. 28 special meeting, subject to a favorable engineering review and payment of an additional application fee.
Commissioners also reviewed complaints involving properties on Ann Drive and Emerald Lane and met in executive session to discuss a settlement offer in pending litigation.
Roger and Mary Ellen Simon are seeking to develop a three-lot subdivision at 244 Amity Road, including construction of a private road over an existing driveway surfaced with asphalt millings.
The proposal involves grading activity within the commission's regulated upland review area.
Luke Sofair, representing John Paul Garcia & Associates, presented revised plans that reduce the project's potential effects on nearby wetlands.
The revisions eliminate previously proposed curbing and catch basins along the existing driveway, reduce grading near the wetlands and remove a proposed detention basin.
New stormwater management measures would be located farther from the wetlands, leaving only minor grading and paving within the regulated area.
Sofair explained that the revised calculations treat the existing driveway and building as pre-existing conditions.
Commissioners noted that consulting engineer Jim Pretti of Criscuolo Engineering had not completed his review of the revised plans.
Commissioner Frederick Horstman moved to approve the subdivision plans prepared by John Paul Garcia & Associates, including plan sheets C2 through C9, subject to a favorable review by Pretti and payment of the supplemental application fee for the engineering review.
Commissioner James Nickle seconded the motion.
The commission approved the application 5-0, with Chair Kristine Sullivan and commissioners Horstman, Kedric Becker, Nicholas Stauner and Nickle voting in favor.
Wetlands and Zoning Enforcement Officer Curtis Bosco presented a complaint concerning the removal of a swimming pool and subsequent filling of the pool area at 34 Ann Drive.
The complaint, submitted by Teresa Tschupp, alleged that property owner Timothy Macrae used asphalt millings or debris to fill the former pool area rather than clean fill.
Tschupp also alleged that the pool water had not been removed by a pumping service as required.
Bosco reported visiting the property and observing material that appeared to be rock or shale.
He said he could not determine whether asphalt material had been buried beneath the visible fill.
Commissioners discussed the conditions of the permit previously issued for the pool removal and agreed that they should review the permit before deciding whether further action was warranted.
The commission also agreed to invite the property owner to its next regular meeting to explain the work performed.
The complaint was scheduled for further discussion.
No violation was formally established or enforcement action approved during the Sept. 28 meeting.
Bosco also updated commissioners on a driveway complaint involving 12 Emerald Lane.
The complaint was submitted by Maricica Gyerko, identified in the minutes in connection with 2 Emerald Lane.
Bosco said Gyerko subsequently contacted the town office and requested to withdraw the complaint after consulting with her attorney.
Commissioners were also informed that an appeal had been filed.
According to the report, the property owners had abandoned the proposed project and no longer intended to proceed.
The commission took no further action on the matter.
The commission entered executive session to discuss a settlement offer in The Nevar Company v. Inland Wetlands Commission of the Town of Bethany, Docket No. NNH-CV25-6160199-S.
Horstman moved to enter executive session at 7:54 p.m., with Becker seconding. The motion passed unanimously, 5-0.
Town counsel, commission members and Bosco participated in the closed session. Alternate Patricia Limauro and minutes clerk Deyonelle Patterson were excluded.
The commission returned to public session at 8:29 p.m. following a unanimous vote on a motion by Sullivan, seconded by Becker.
No additional discussion or action on the settlement offer was recorded.
Commissioners unanimously approved the minutes of their Aug. 17 regular meeting with a correction.
The amendment changed a reference to Ebony Road to Amity Road in the first item under old business.
Becker moved to approve the corrected minutes, with Horstman seconding. The motion passed 5-0.
No public hearings, new applications or site inspections were scheduled during the special meeting.
Sullivan called the meeting to order at 7:36 p.m. in the Commission Meeting Room at Bethany Town Hall.
Commissioners Sullivan, Horstman, Becker, Nickle and Stauner attended, along with alternate Limauro and enforcement officer Bosco.
The commission adjourned at 8:55 p.m. following a unanimous vote on a motion by Horstman.
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