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Home My WebLink About37 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: H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\37 Cove Road\37 cove road staff report 4-16-09 .docx Assessor’s Map Wetlands Map H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\37 Cove Road\37 cove road staff report 4-16-09 .docx H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\37 Cove Road\37 cove road staff report 4-16-09 .docx 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 o Soils test has been completed o 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 o Applicant explained that the engineer had set the markers for the location of the foundation per the plan o 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 - file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ONLY/Other%20business/37%20Cove%20Road/staff%20to%20dep%203-31-09.txt From: Colleen Bezanson Sent: Tuesday, March 31, 2009 9:40 AM To: 'deava.lambert@ct.gov' Subject: 37 Cove Road Miss Lambert: I am writing in regards to 37 Cove Road. I last received a fax from you on 3/18/09 indicating that you had received the site plan for 37 Cove Road and were in the process of reviewing it. The letter indicated that you were awaiting a soil study to determine jurisdiction. Have you received any new information that you requested. The item is on the 4/16/09 Agenda of the Inland Wetlands Commission and I was hoping to have a report from you to provide to the Commission. Thanks for your assistance in this matter. Colleen Bezanson Planner II Town of Montville Planning Department 310 Norwich New London Tpke Uncasville, CT. 06382 (860) 848-8549 Ext 379 Fax (860) 848-2354 file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ON...ss/37%20Cove%20Road/staff%20to%20dep%203-31-09.txt [4/14/2009 4:00:29 PM] file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ONLY/Other%2...ss/37%20Cove%20Road/dep%20response%20to%20staff%204-1-09.txt From: Lambert, DeAva [DeAva.Lambert@ct.gov] Sent: Wednesday, April 01, 2009 9:18 AM To: Colleen Bezanson Subject: RE: 37 Cove Road Importance: Low Dear Ms. Bezanson: Thank you for contacting me. No, I have not received anything, but Mr. Petrowski’s engineer indicated he would be arranging to have the soil survey completed. Here is the contact info I have for him: james.bernardo@sbcglobal.net 860-447-02366 (w), 860-460-5871 (cell). Until I receive the survey, I am in “wait mode.” I do know that soil surveys typically take several weeks to months to complete and report. I would appreciate hearing the conclusions of the IWC discussion(s), if you would not mind keeping me apprised. If I can be of any further assistance, please let me know. Sincerely, DeAva Lambert, Environmental Analyst Office of Long Island Sound Programs Bureau of Water Protection & Land Reuse CT Dept. of Environmental Protection From: Colleen Bezanson [mailto:CBezanson@montville-ct.org] Sent: Tuesday, March 31, 2009 9:40 AM To: Lambert, DeAva Subject: 37 Cove Road Miss Lambert: I am writing in regards to 37 Cove Road. I last received a fax from you on 3/18/09 indicating that you had received the site plan for 37 Cove Road and were in the process of reviewing it. The letter indicated that you were awaiting a soil study to determine jurisdiction. Have you received any new information that you requested. The item is on the 4/16/09 Agenda of the Inland Wetlands Commission and I was hoping to have a report from you to provide to the Commission. Thanks for your assistance in this matter. Colleen Bezanson Planner II file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%2...20Road/dep%20response%20to%20staff%204-1-09.txt (1 of 2) [4/14/2009 4:00:29 PM] file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ONLY/Other%2...%20Cove%20Road/jim%20bernardo%20status%20report%204-2-09.txt From: James Bernardo [james.bernardo@sbcglobal.net] Sent: Thursday, April 02, 2009 11:07 AM To: 'Colleen Bezanson' Cc: 'Lambert, DeAva' Subject: 33 & 37 Cove Road I just wanted to provide you with a status update for the properties at 33 & 37 Cove Road. Andy has hired Rich Snarski to perform a tidal/inland wetlands evaluation on the site. Rich said that he should get to that next week. Once the delineation is complete I will field locate the flags and provide an updated survey to both the town and DEP. Also, we had a meeting last with Keith Neilson, PE at Docko, Inc. Andy has expressed an interest in retaining them to address the outstanding 2006 N.O.V. James Bernardo, PLS James Bernardo Land Surveying, LLC www.jbsurvey.com 102A Spithead Road Waterford, CT 06385 Phone 860-447-0236 Fax 860-447-2092 file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ONL...0Road/jim%20bernardo%20status%20report%204-2-09.txt [4/14/2009 4:00:28 PM] file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ONLY/Other%2...om%20bernardo%20to%20staff%20re%20soil%20study%204-15-09.txt From: James Bernardo [james.bernardo@sbcglobal.net] Sent: Wednesday, April 15, 2009 7:41 AM To: 'Colleen Bezanson' Subject: RE: IWC 4-16-09 agenda Rich Snarski has completed his delineation of the wetlands on the site. The only wetlands on the site are tidal wetlands. No inland wetlands were present. Although portions of the property are within the 100-year flood plain there is no flood plain soils present on the site. It is Rich’s opinion that this site is NOT within the IWC jurisdiction. From: Colleen Bezanson [mailto:CBezanson@montville-ct.org] Sent: Tuesday, April 14, 2009 2:15 PM To: jkdiamantini@sbcglobal.net; james.bernardo@sbcglobal.net; hellermccoy@sbcglobal.net; lenj48@sbcglobal.net; Len Johnson; Thomas Fenton, P.E. Subject: IWC 4-16-09 agenda Please find attached the agenda for the 4-16-09 meeting of the Inland Wetlands Commisison. Colleen Bezanson Planner II Town of Montville Planning Department 310 Norwich New London Tpke Uncasville, CT. 06382 (860) 848-8549 Ext 379 Fax (860) 848-2354 file:///H|/APPLICATIONS/IN%20PROCESS/WETLANDS%20ON...rdo%20to%20staff%20re%20soil%20study%204-15-09.txt [4/15/2009 8:47:46 AM]