Date: Fri 03-Oct-1997

Publication: Bee

Author: ANDYG

Quick Words:

Conservation-White-Degen

Full Text:

Neighbor Drops Appeal Of Pond Work Proposal

A local woman has notified the town she will no longer pursue her legal appeal

of a Conservation Commission ruling that allows her neighbors to do pond work

on their property.

In a September 23 letter to Donald Lawrenson, chairman of the Conservation

Commission, Susan White of 60 Castle Meadow Road writes, "I will no longer be

pursuing my appeal of the Conservation Commission's (July)

decision...regarding the proposed restoration of an existing pond, the

construction of a (sedimentation) basin and the construction of a new pond at

the home of Bruce and Christine Degen at 62 Castle Meadow Road in Newtown.

"As the Connecticut Department of Environmental Protection and the US Army

Corps of Engineers will now be reviewing the above application, I find it no

longer necessary to appeal the Commission's decision," Ms White wrote.

In a lawsuit filed July 31 in Danbury Superior Court, Ms White had sought to

have a judge issue a restraining order to prevent the Degens from doing the

pond work.

The new pond proposed by the Degens would be built in a wetland area.

Ms White's land, which holds a pond, lies downstream of the Degen property.

The lawsuit stated that the Conservation Commission had failed to impose

conditions to ensure that the work wouldn't have an adverse effect on Ms

White's land and pond.

The lawsuit stated the commission failed to follow the recommendations of

Conservation Official Christopher Majewski concerning the risk of adverse

effects on Ms White's pond due to inadequate erosion and sedimentation

controls for the proposed pond work.