HomeMy WebLinkAbout37 cove road staff report 4-16-09
Andrew Petrowski
37 Cove Road
Cease and Desist Order
Meeting Date: April 16, 2009
Date received by Commission 3-19-09
Terminal Date:
Assessor’s Map
Wetlands
Map
Cease and Desist Order
Construction of a residence within the upland review area
Background Information
Applicant was instructed by the DEP to perform a soils test in the area
Soils test has been completed
Staff has not had a response from DEP regarding the soil test
Staff has been corresponding with both the applicant and the DEP regarding this matter.
An email from Jim Bernardo, applicant’s engineer has been provided indicating that the soil study has been completed and it is tidal wetlands in Richard Snarski’s opinion, therefore
not under local jurisdiction.
March
Site plan was submitted to the office – no activities proposed within 80 feet of the high tide line and outside of the flood zone area
Building Department made inspection of foundation and it appeared to them that it was too close to the water
Staff went out and inspected the property and found that the foundation was within the review area
Applicant explained that the engineer had set the markers for the location of the foundation per the plan
Engineer was sent out to the property to access the situation and it was determined that the site plan was wrong- the house would have to be within the flood zone and would require a
wetlands permit
In addition because the property is located next to a tidal wetland the DEP is also involved. Depending on the outcome of their review, the Inland Wetlands Commission will be able to
make a determination as to what falls under our review and what will be handled by the state
At this time erosion and sediment control measures are in place and no further activity has taken place on the property.
The applicant’s engineer is working on new plans to be submitted to both the DEP and the Wetlands Commission for review