HomeMy WebLinkAbout37 cove road staff report 5-21-09
Andrew Petrowski
37 Cove Road
Cease and Desist Order
Meeting Date: May 21, 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 5-21-09 .docx
H:\APPLICATIONS\IN PROCESS\WETLANDS ONLY\Other business\37 Cove Road\37 cove road staff report 5-21-09 .docx
Staff Comments:
The office is in receipt of a letter from the DEP indicating that the jurisdiction of this
property fall within that of the DEP. See attached letter
Draft Motion:
I make a motion to lift the Cease and Desist Order on the property located at 37 Cove
Road, Uncasville, Ct. as shown on Assessor’s Map 75 Lot 7. The Order is lifted based
upon the information provided in a letter from DeAva Lambert of the DEP, dated 5-11-
09, indicating that the DEP has jurisdiction over the activities in the area.
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
May 11, 2009
Colleen Bezanson, Planner II
Town of Montville Planning Department
310 Norwich New London Tpke
Uncasville, CT. 06382
Subject: Andrew Petrowski property at 37 Cove Road, Uncasville, CT
Dear Ms. Bezanson:
Our office has reviewed the Residential Site Plan for the captioned property dated December 1, 2008, which
shows tidal wetlands as delineated by Rich Snarski, Certified Professional Soil Scientist, on April 7, 2009, and
Mr. Snarki’s letter to you dated April 16, 2009. Both the plan and the letter indicate that no inland wetlands occur
at this property, and the plan identifies tidal wetlands existing a!ong the perimeter of the property adjacent to the
waters of Horton Cove.
As the wetlands at this property have been confirmed to be tidal wetlands, they are not regulated under the Inland
Wetlands and Watercourses Act, Sections 22a-36 through 22a-45, inclusive, of the Connecticut General Statutes
("CGS’). These wetlands ate in fact regulated by the Department of Environmental Protection pursuant to
sections 22a-28 through 22a-35a and section 22a-361 of CGS.
Additionally, as this property lies within the coastal boundary as defined in Section 22a-94(b) of CGS, it is
subject to the regulatory, development and planning requirements of the Coastal Management Act, CGS sections
22a-90 through 22a-112 and it is, therefore, subject to the coastal site plan review requirements of that Act.
Based on the information contained in letters to Mr. Petrowski from the Town of Montville Planning & Zoning
Department and Inland Wetlands Commission, it does not appear that Montville Planning & Zoning has
undertaken a coastal site plan review of the proposed construction pursuant to CGS sections 22a-105, 22a-I 06,
and 22a-109. Although the proposed construction does not appear to include a shoreline flood and erosion control
structure and therefore would not be subject to mandatory referral to this Office pursuant to CGS section 22a-
109(d), we would like to request a copy of the coastal site plan review approval as confirmation that this
requirement has been fulfilled.
Thank you for contacting our Office regarding the activities occurring at 37 Cove Road in the Town of Montville.
If you have any questions or require further assistance regarding the coastal site plan review process, please
contact Kristal Kallenberg-Dorismond at (860) 424-3760 or kristal.kallenberg@ct.gov.
Sincerely,
Director
Office of Long Island Sound Programs
Bureau of Water Protection & Land Reuse
BPT/dkl
cc: Marcia Vlaun, Montville Planning & Zoning Dept.
Andrew Petrowski
James Bemardo Land Surveying, LLC
(Printed on Recycled Paper)
79 Elm Street * Hartford, CT 06106-5127
www,ct.gov/dep
An Equal Opportunity Employer