Bethany Wetlands Commission Approves Settlement Plan For Six-Lot Harmony Court Subdivision

BETHANY, CT — The Bethany Inland Wetlands Commission voted unanimously Oct. 19 to accept revised plans for a six-lot subdivision at 428 Bethmour Road as part of a proposed settlement in litigation involving The Nevar Company.

The 5-0 vote approved two revised plans for the Harmony Court subdivision, reducing the number of proposed residential lots from eight to six and establishing conditions intended to protect remaining undeveloped land.

The action relates to The Nevar Company v. Inland Wetlands Commission of the Town of Bethany, Docket No. NNH-CV25-6160199-S.

Town Attorney Robert Decresenzo presented two maps prepared by John Paul Garcia and Associates. Both plans were revised Oct. 19.

Under the revised proposal, approximately 10.178 acres would remain under The Nevar Company's ownership rather than being included among the six residential lots.

Commission Chair Kristine Sullivan said future proposals to create building lots on that remaining land would require wetlands permits if they involved regulated activities.

Sullivan also identified Lots 3 and 6 as potentially involving wetlands activities. Those activities would require separate permits from the commission before proceeding.

Commission Requires Fence To Protect Undeveloped Property

Commissioners also discussed a proposed fence separating the subdivision's cul-de-sac from the remaining undeveloped property.

Attorney Joseph Hammer, representing The Nevar Company, said the fence was included at the request of the commission and town attorney. He said it was intended to discourage access to the rear property and make clear that the subdivision road did not continue beyond the cul-de-sac.

The commission's approved settlement conditions call for a split-rail gate approximately 12 feet wide, with 17 feet of split-rail fencing on each side. The barrier would extend across a 50-foot strip providing access to the remaining land.

Sullivan introduced the settlement motion, which Commissioner Fritz Horstman seconded.

Commissioners Sullivan, James Nickle, Nick Stauner, Kedric Becker and Horstman voted in favor.

Decresenzo said the next steps include preparing a stipulated judgment and a transcript of the meeting. The commission is expected to review the stipulated judgment at its next regular meeting.

Complaints Involving Ann Drive And Hi-Ann Court Tabled

The commission also reviewed two property-related complaints but postponed further consideration of both until its next regular meeting.

At 34 Ann Drive, a complaint involving pool water and fill material prompted discussion about the material used on the property.

According to the draft minutes, the fill material was identified as shale rather than asphalt or millings.

The commission asked Wetlands Enforcement Officer Curtis Bosco to provide minutes from the original permit approval. Members also requested photographs taken by resident Teresa Tschupp.

The matter was tabled pending that information.

A separate complaint involved 38 Hi-Ann Court.

William Fourtin, of 7 Hi-Ann Court, addressed commissioners about a wetlands permit that he said expired at the end of July.

Fourtin raised concerns about a wetlands crossing and construction of a large barn. He requested a statement identifying the barn's intended use and also referred to deed restrictions affecting the property.

Sullivan said the commission needed to review the original site plans and wetlands permit from 2021 before proceeding.

Commissioners tabled the complaint until their next meeting.

September Minutes Approved

The commission unanimously approved the minutes of its Sept. 28 special meeting. Stauner made the motion, which Becker seconded.

Bosco also presented his enforcement officer's report.

During other business, commissioners discussed a Nov. 14 conference that members could attend using funds available in the commission's budget.

The commission adjourned at 8:52 p.m. following a unanimous vote.

The meeting was held at Bethany Town Hall, with Sullivan presiding. The minutes remain in draft form pending formal approval.