Commission continues decision on 163 Gregory Boulevard after DEP concerns over seawall alignment

The Planning & Zoning Commission voted to continue action on the coastal site plan for 163 Gregory Boulevard to its March 4 meeting after a lengthy presentation and questioning about an as-built retaining wall constructed slightly waterward of the approved alignment.

Tom Ryder of LandTech described a two-part application: a residential dock (for which the Army Corps has issued approval) and a retaining wall that, in areas, sits about two to two-and-a-half feet waterward of the plan shown on the approved site plan. Ryder said the wall consequently reads taller because its base is lower in places and described a proposed remedy that would lower the visible wall height by removing and resetting top boulders and installing plantings to stabilize the slope.

Commissioners discussed options including restoring the wall to the original approved line, requiring removal, or approving a modified plan with substantial plantings. Commissioner 10 observed that DEEP's letter was strongly worded and "they had the power to declare this a public nuisance and to make them take it down." Staff told the commission DEEP had deferred enforcement decisions to local authorities and that the city had not issued a formal notice of violation in 2021 but had withheld certificate-of-zoning-compliance closure; staff said the property did not have a closed zoning certificate and staff could confirm whether a certificate of occupancy had been issued.

Owner Peter Kotlinger addressed the commission, saying, "we are living at the house, and, it's been approved with the temporary seal." Commissioners requested a chronology and documentation of all DEEP and zoning contacts and asked the applicant to provide those materials before the March 4 meeting. The applicant granted an extension of time to March 4; the commission's motion to continue carried unanimously.