HomeMy WebLinkAboutEmail RE 43 Shore Road seawallFlett, Dawn-Marie
From:Grant, Kelly
Sent:Tuesday, October 16, 2018 1:13 PM
To:Flett, Dawn-Marie
Subject:FW: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Attachments:Shore Road Sea Wall Photo 1 October 16 2018.jpg; Shore Road Sea Wall Photo 2 October 16 2018.jpg
From: Michael Fitzhugh [mailto:mfitzhugh@fitzhughlaw.com]
Sent: Tuesday, October 16, 2018 11:51 AM
To: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Cc: Joseph Dick <jwdarchinc@comcast.net>; Colby, Jeff <jcolby@yarmouth.ma.us>; vonHone, Karl
<KvonHone@yarmouth.ma.us>; Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: RE: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Mr. Aguiar, while I appreciate your note, as I said when we just spoke on the telephone, it recites incorrect
facts.
By way of background, I can tell you that when I purchased this property in July of 1987, there was indeed a
concrete wall that ran the length of that lot (which was offered to me for sale, but I declined, whereupon the
Sellers (Legare) donated to the Conservation Commission in order to mitigate the capital gains tax they were
going to incur. In any event, as I said during our conversation, I can tell you unequivocally that there was
indeed a concrete wall running along that lot (which I’ll call the “Conservation Lot” for the purposes of brevity)
that had a few breaches, but did not allow for the kind of flooding that has occurred since 2007, which we also
discussed and involved installation of a culvert and some boulders.
However, and as per the attached photos, your statement that “I have determined that the seawall is not
deteriorated, but is in fact functioning as was originally intended,” is thus fundamentally incorrect for the reasons
set forth in the prior paragraph. Furthermore, the attached photos of the Conservation Lot illustrate the
remnants of a fixed concrete wall; photo 1 shows a portion of the wall remaining and photo 2 shows exposed
rebar and remnants of that wall that are now beneath the boulders that the Town installed in 2007 as a part of
the culvert project.
What is frustrating to me is your statement in response to my concerns about (a) the street being impassable
during astronomical high tides; (b) my garage and basement flooding; and (c) my driveaway cannot be utilized
(I must often park my vehicle in my neighbor’s driveway), is that the “Town has limited resources,” and that the
expense of rectifying these conditions is simply not a priority. While I appreciate your candor, I am frustrated
and offended by your suggestion that I engage an engineering firm and incur that expense, as well as a
solution. As a taxpayer that is being harmed by the Town’s refusal to mitigate a condition that adversely
affects my property’s use, and thus its value, such a suggestion is unreasonable, particularly given the facts
that I’ve recited above.
One final point is that you acknowledged that you did not check the property records to determine the condition
of my parcel and the Conservation Lot prior to 2007, but I again suggest that if you do, you will determine that
a solid concrete wall indeed existed well before 1987, and when completed, was perfectly lawful. Thus, any
suggestion that it should not be repaired because it was somehow in violation of existing codes when it was
first erected is simply specious. At the very least, I request that you revisit that issue, and then let me know if it
changes your assessment, and recommendation, which as far as I can tell is that I “grin and bear it,” because I
am inclined to do neither.
Please advise by way of a written reply at your earliest convenience, and I would request that you pass along a
copy of all of our correspondence, including all photos, to the Town Counsel. Thank you.
Michael A. Fitzhugh
43 Shore Road
West Yarmouth, MA 02673-5841
Tel: (508) 775-2330
Cell: (617) 930-2330
mfitzhugh@fitzhughlaw.com
www.fitzhughlaw.com
From: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Sent: Tuesday, October 16, 2018 10:48 AM
To: Michael Fitzhugh <mfitzhugh@fitzhughlaw.com>
Cc: Joseph Dick <jwdarchinc@comcast.net>; Colby, Jeff <jcolby@yarmouth.ma.us>; vonHone, Karl
<KvonHone@yarmouth.ma.us>; Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: RE: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Good Morning Michael,
I am writing to follow-up with you in regards to your concerns related to the degradation of the seawall located on
Conservation Commission property adjacent to your home. After conducting background research on the area,
discussing the matter with the appropriate Town departments, and taking time to visit the site, I have determined that
the seawall is not deteriorated, but is in fact functioning as was originally intended. The resource area that is directly
adjacent to your property and across Shore Road is a salt marsh. In order for these areas to remain healthy, they must
maintain a persistent connection to brackish water. This is achieved in part by having designed the seawall to be a
permeable barrier. It will help mitigate the erosion of land, but is not intended to prevent the advance and retreat of the
tides. To redesign the entire system, while adhering to the stringent environmental regulations that exist today, would
require significant analysis, design, and construction services for which the Town does not have the necessary funding. I
would recommend consulting a civil engineer who can provide you with possible alternatives that could be implemented
on your property to help protect your new home from the effects of astronomical tides. I apologize for not having better
news, but hope that this information was helpful nonetheless. Thank you for your patience.
Kind Regards,
Nicholas M. Aguiar, E.I.T.
M.S. Civil & Environmental Engineering
Town of Yarmouth
Civil Engineer
99 Buck Island Road
West Yarmouth, MA 02673
(508)398-2231 Ext. 1255
From: Michael Fitzhugh [mailto:mfitzhugh@fitzhughlaw.com]
Sent: Friday, October 12, 2018 2:54 PM
To: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Cc: Joseph Dick <jwdarchinc@comcast.net>
Subject: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Nick, I’m following up to send you two photos taken just ten minutes ago, which illustrate the seriousness of the
conditions here during high tides. Shore Road is impassable, and I cannot even utilize all of my driveway - not
to mention that the breezeway area between my house and the garage is completely flooded, and thus
depriving me of usage of that part of my property as well. MAF
From: Michael Fitzhugh
Sent: Friday, October 5, 2018 9:30 AM
To: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Cc: Joseph Dick <jwdarchinc@comcast.net>
Subject: RE: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Nick, thanks so much for getting back to me. I know you’re quite busy and didn’t want to pester you, but there
is some urgency to this insofar as my wanting to take the next significant step here on engineering. I’ve
included Mr. Joseph Dick, my architect, on this reply and please feel free to include him in any response.
Thank you again. MAF
From: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Sent: Friday, October 5, 2018 9:23 AM
To: Michael Fitzhugh <mfitzhugh@fitzhughlaw.com>
Subject: RE: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Good Morning Michael,
I am writing to let you know that I am looking into the matter, and that I will provide you with an update once I know
more. Thank you for your patience.
Kind Regards,
Nicholas M. Aguiar, E.I.T.
M.S. Civil & Environmental Engineering
Town of Yarmouth
Civil Engineer
99 Buck Island Road
West Yarmouth, MA 02673
(508)398-2231 Ext. 1255
From: Michael Fitzhugh [mailto:mfitzhugh@fitzhughlaw.com]
Sent: Monday, September 24, 2018 10:39 AM
To: Aguiar, Nicholas <NAguiar@yarmouth.ma.us>
Subject: From Michael Fitzhugh - 43 Shore Road, West Yarmouth.
Mr. Aguiar, I’m a homeowner with a residence at 43 Shore Road, and am checking in with you at the
suggestion of Doug Wrock, with whom I spoke this morning; I realize you’re just back from your honeymoon
(congratulations on your marriage), and thus quite busy, and this is hardly an emergency. However, when you
have some time, I’d appreciate some informal guidance about an engineering issue that I will describe
below. It’s essentially the deterioration of a seawall on the lot owned by the Town and is contiguous to mine,
and what prompts this is that I want to erect a new house here. I have engaged a great architect (Joseph W.
Dick, also a Yarmouth resident, who does superb work), and had him draw some sketches, and while realize
that I have to go through the permitting process before I can do anything I’m in a bit of a bind about what to do
next.
While I’m at the point of engaging my architect to render some blueprints, the one “wrinkle” is what I mentioned
above - the manifest deterioration of a substantial portion of the sea wall of the contiguous lot to the west; as
you may be aware, during astronomically high tides Shore Road becomes submerged from the flooding, as
does a portion of my lot. While I very much want to build a new home, I cannot imagine that it would be
feasible absent that seawall being rebuilt, but I have no clue as to how to go about approaching someone on
the issue.
By way of background, that lot was owned by the sellers of this property to me in 1987, and was offered to me
for sale along with this one upon which my dwelling exists. However, because it was unbuildable (due to it’s
being low-lying), I passed on it, and purchased only the one that I now own, and the sellers deeded the vacant
lot to the Conservation Commission. Thus, the seawall’s state of disrepair is not just a public safety issue
given that Shore Road is at times impassable during high tides, but it has decided impact on my lot and ability
to build a new home here.
So that’s my issue, and I’d be very grateful for any guidance you can pass along, either by reply hereto, or a
phone call to my cellular ((617) 930-2330). Alternatively, you’re welcome to let me know if you might be in the
neighborhood and want to stop by and we can discuss the situation while viewing the conditions. I’ll look
forward to hearing from you at your convenience, and thank you for your time and consideration of this issue.
MAF
Michael A. Fitzhugh
43 Shore Road
West Yarmouth, MA 02673-5841
Telephone: (508) 775-2330
Cellular: (617) 930-2330
mfitzhugh@fitzhughlaw.com
www.fitzhughlaw.com