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Planning Board presses applicant to refile after unauthorized clearing, flags DEC eagle-nest review
Summary
Board members and staff told the applicant for 3 Mariners Court to submit a new clearing-and-grading application after a substantial change (approx. 20-foot retaining wall and imported fill) was performed without a permit; staff said a stop-work order is active and DEC/USFWS review is required because of a nearby bald-eagle nest.
The Planning Board on Nov. 6 told the applicant for 3 Mariners Court (project 24-35) to submit a new clearing-and-grading application after staff found the scope and site conditions changed substantially from the plan the board approved earlier this year.
Architect David Niemotko described the updated design, which now proposes a single retaining wall to hold back fill. Pat Hines of MHE said the proposed wall is approximately 20 feet high and the volume and footprint of imported fill are substantially larger than the previously approved plan; he recommended geotechnical analysis, an as‑built or new survey stamp on plans and environmental coordination. "We recently were notified by the DEC of an eagle nest in that area," Hines told the board, noting DEC and the U.S. Fish and Wildlife Service likely will impose timing restrictions on work near sensitive habitat.
Code Compliance inspector Jim Campbell said conditions of the earlier resolution were not met and that a stop-work order is in place; he said the retaining wall will require a building permit, licensed professional design, third-party inspections and final certification. Dominic Cordisco, the board attorney, said the scope of changes requires a new application. The board instructed the applicant to submit the requested surveys, geotechnical data and DEC coordination materials before new action can proceed.
