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HomeMy WebLinkAboutViolation extension Grant, Kelly From:Grant, Kelly Sent:Friday, October 4, 2019 8:36 AM To:'Christopher Haley' Subject:RE: Violation Notice 190 Blue Rock Rd Hi Chris October 31 is fine. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Christopher Haley \[mailto:chaley100@gmail.com\] Sent: Friday, October 4, 2019 7:05 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Violation Notice 190 Blue Rock Rd Hi Kelly, I have hired Mark Burgess to assist me in getting my dock back under compliance. He needs to take some measurements before the floats are removed this season. Can you give me an extension on the timeline to remove the floats so that he can take the necessary measurements. He needs to have the tide and wind and a couple of other factors line up to take the measurements. Would you be willing to give me to the end of the month to make sure he can get out there? Best, Chris 617 690 9554 On Sep 30, 2019, at 12:12 PM, Grant, Kelly <KGrant@yarmouth.ma.us> wrote: Hi Chris The Commission does not generally approve variances for oversized floats. As suggested previously, they may support the extension of the pier out a little further to replace the float in shallow 1 water and have smaller floats at the end of that. Mark should be able to help you come up with a solution that will be acceptable. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Christopher Haley \[mailto:chaley100@gmail.com\] Sent: Friday, September 27, 2019 7:54 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Violation Notice 190 Blue Rock Rd Hi Kelly, I spoke to Mark Burgess and he said that there is a 0% chance of me getting a variance for any floating dock over 200 sq ft. I mentioned to him that you suggested I submit my plan to the Commission for a Vote. Has the current Commission allowed a variance for any dock over 200 sq ft built in 1987 or later? I just don’t want to spend a lot of time on this for something that has until this point had a 0% passing rate. Just looking for some honest feedback here. I have very little spare time between my job and caring for my daughter and grandmother, one who just came into this world and one who is about to leave it. Thank you for your time and honest feedback. Chris 617 690 9554 On Sep 25, 2019, at 1:36 PM, Grant, Kelly <KGrant@yarmouth.ma.us> wrote: Hi Chris You will need to present this alternative to Commission for them to vote on. If you would like to document this with a written request, image as below and marked up plan showing proposed configuration, I will add it to the agenda. I will need 8 copies and an rd electronic copy. If you can have it to me by Oct 3 I can add it to the October 17 meeting. Following the meeting, if the Commission is supportive, you will need a new plan to be approved and held on file. They may require some kind of filing to make the 2 determination official. That will be clarified at the meeting. You will also need to update your Chapter 91 license held by the state. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Christopher Haley \[mailto:chaley100@gmail.com\] Sent: Wednesday, September 25, 2019 10:38 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Violation Notice 190 Blue Rock Rd Kelly, Just trying to get a feel for my options here. Jennifer at Cape Cod Docks is saying the cost to move the pilings and build new floats would be in the thousands. Is there any way I could remove the float in the attached picture and leave the configuration as is? This would remove the need for repositioning the pilings and building new floats. The square footage would be around 288sq ft (I’m guessing), which I know is over the 200sq ft you mentioned. Is there any way since this is all in place and has been for at least 12 years I could get an exception to the 200sq ft rule and make up for it in some other conservation related way, which I’d be more than happy to do. Certainly feel free to give me a call. I’d come in and personally visit but can’t take a day off of work right now and I’m guessing your office is closed on weekends. Best, Chris 617 690 9554 <image001.png> On Sep 25, 2019, at 9:34 AM, Christopher Haley <chaley100@gmail.com> wrote: + Jennifer, Cape Cod Docks Kelly, 3 Jennifer (cc:d) at Cape Cod Docks is going to put me at the front of the list for removing the docks this season. She said it could be done as early as next week. Regarding making sure all permits are in order, I unfortunately assumed it all was as the Yarmouth Conservation Commission and the Massachusetts DEP were at the property extensively in 2010 (see attached documents). They even approved alterations to the dock (new sitting area over the water), so I naturally figured all was in order. Almost feels like buying a used car and then being told that you are responsible for an accident the previous owner had 10+ years ago. I’m just curious, how could the conservation commission approve work on the dock in 2010 but have not issued a violation for the configuration back then? The pilings would have been in the water and pretty obvious I would think? Best, Chris <DEP Approval.pdf> <83-1881 - Landscape Plan002.pdf> On Sep 25, 2019, at 8:55 AM, Grant, Kelly <KGrant@yarmouth.ma.us> wrote: Hi Chris I took some measurements from the aerials and looked again at the file. It looks like the length of the structure is OK and may be under what was permitted. The two in-line floats also appear to be smaller than the permitted area and less than maximum of 200 sqft. This means you could reconfigure the floats and add some additional float area to that originally permitted. You currently have 384 square feet of float. You were permitted for 144 sqft and the regulatory limit is 200sqft. I suggest you speak with someone about options for reconfiguring and reducing the float size. You could 4 also possibly extend the length of the pier a little to reduce the distance the floats need to reach. I understand that this is unsettling for you. With waterfront property it is important to confirm all the permits and licenses for the property are in order. Having said that, the Commission is always willing to work with homeowners to find a resolution to these matters. If the floats are out you are all set for now. You have the off-season to resolve the matter before the spring. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Christopher Haley \[mailto:chaley100@gmail.com\] Sent: Tuesday, September 24, 2019 5:11 PM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Violation Notice 190 Blue Rock Rd Kelly, Cape Cod docks removes the docks for me every season. They pull all the docks out. So I’m really nervous at this point as I went way over budget for the house (spent over $1mil) because of the doc and the ability to have a boat to take my family tubing and fishing. Its something I was fortunate enough to do as a kid and I wanted to pass that on. The configuration you showed me would mean there wouldn’t be enough water at the end of the dock for a boat at low tide. To be honest, I’m literally sick to my stomach at this point. Is this something I can work with you on to resolve? Does the previous owner have any liability? Does the fact that these docks have been in place for over 10 years mean anything? Is there 5 anything I can do from a conservation perspective in the surrounding area (additional trees, plantings, donation to conservation fund) that wouldn’t involve digging up the current pilings which I’m guessing is detrimental to the surrounding area. I’m a good person that doesn’t break the rules so this all makes me very uncomfortable. How are these things usually resolved? Do I hire someone to work with you to find an amenable solution? Best, Chris On Sep 24, 2019, at 4:26 PM, Grant, Kelly <KGrant@yarmouth.ma.us> wrote: Hi Chris The aerial images show a new dock somewhere between 2005 and 2008/09. The plans from a newer permit for the property provide a Chapter 91 license number DEQE No 1770. If the dock was reconfigured this license plan should have been updated at the same time. Mark Burgess of Shorefront Consulting worked with the property owner on that project and may be able to help. Sometimes work is done on a dock without the required prior approvals. Are you scheduled to have the floats removed for the season? If so, who is doing that work for you? If the non-compliant floats are removed, you will then have time in the off season to resolve the discrepancy. Thanks Kelly Grant 6 Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Christopher Haley \[mailto:chaley100@gmail.com\] Sent: Tuesday, September 24, 2019 4:04 PM To: Grant, Kelly <KGrant@yarmouth.ma.us> Subject: Re: Violation Notice 190 Blue Rock Rd Hello Kelly, Thanks for this information. When I purchased the house in 2017, the docs were in the current configuration. All the posts look like they have been in place for a very long time. I can’t imagine that the far posts would have been dug without some sort of approval. I’m sure your team can look at them and see that they are not new and have been in place for quite some time. I don’t live at the house full time (its a summer home) and I honestly have no idea where to even begin with all this. I can’t imagine any dock company would put posts into the river on a whim without approved plans. How do I go about finding out who put the docks in? I’m sure they would have the plans. Looking to help in any way that I can but this way over my head and I don’t even know where to begin. Best Regards, Chris Haley 7 On Sep 24, 2019, at 3:50 PM, Grant, Kelly <KGrant@yarmouth. ma.us> wrote: Hi Chris The violation notice is issued for the oversized float configuration. The licensed and permitted plan shows 2 floats at 4’ x 18’ each (see attached). There are two additional floats currently at 24x6’ and 20x4’. If you have permit documents for the additional floats, please forward them to me. I have check on file at my end and have nothing further with regard to the floats. Thanks Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma .us From: Christopher Haley \[mailto:chaley100@gm ail.com\] 8 Sent: Friday, September 20, 2019 10:23 AM To: Grant, Kelly <KGrant@yarmouth.ma .us> Subject: Violation Notice 190 Blue Rock Rd Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Hi Kelly, I am writing in regards to the attached Violation. I believe one of my renters put something on the dock so their dog could get in and out of the water. It has been removed. Let me know if you require anything else from me. Best, Chris 617 690 9554 <83-773 (2).pdf> 9