HomeMy WebLinkAboutCorrespondence Nov 2019
Grant, Kelly
From:Grant, Kelly
Sent:Monday, November 18, 2019 3:19 PM
To:'Shannon@dionisiorourkelaw.com'
Subject:RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
See (d) below from the regulations
(9) Certificates of Compliance.
(a) Upon completion of the work described in a Final Order of Conditions, but not later than
the three year term of an Order of Resource Area Delineation or any extension thereunder,
the applicant shall request in writing the issuance of a Certificate of Compliance stating that
the work has been satisfactorily completed. Upon written request by the applicant, a
Certificate of Compliance shall be issued by the issuing authority within 21 days of receipt
thereof, and shall certify on Form 8 that the activity or portions thereof described in the
Notice of Intent and plans has been completed in compliance with the Order. If issued by
the Conservation Commission, the Certificate of Compliance shall be signed by a majority
of the commission. A copy of the Certificate of Compliance shall be sent to the conservation
commission or the Department, whichever is appropriate, by the issuing authority.
(b) Prior to the issuance of a Certificate of Compliance, a site inspection shall be made by
the issuing authority, in the presence of the applicant or the applicant's agent. If the
Department is the issuing authority, it shall notify the conservation commission of the request
and the date of the site inspection.
(c) If the issuing authority determines, after review and inspection, that the work has not
been done in compliance with the Order, it may refuse to issue a Certificate of Compliance.
Such refusal shall be issued within 21 days of receipt of a request for a Certificate of
Compliance, shall be in writing and shall specify the reasons for denial.
(d) If a project has been completed in accordance with plans stamped by a registered
professional engineer, architect, landscape architect or land surveyor, a written statement by
such a professional person certifying substantial compliance with the plans and setting forth
what deviation, if any, exists from the plans approved in the Order shall accompany the
request for a Certificate of Compliance.
(e) If the final order contains conditions which continue past the completion of the work,
such as maintenance or monitoring, the Certificate of Compliance shall specify which, if any,
of such conditions shall continue. The Certificate shall also specify to what portions of the
work it applies, if it does not apply to all the work regulated by the Order.
(f) The Certificate of Compliance shall be recorded in the Land Court or Registry of Deeds,
whichever is appropriate. Certification of recording shall be sent to the issuing authority on
the form at the end of Form 8. Upon failure of the applicant to so record, the issuing
authority may do so
From: Shannon@dionisiorourkelaw.com \[mailto:Shannon@dionisiorourkelaw.com\]
Sent: Monday, November 18, 2019 3:15 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
1
What is the statement from the engineer to say? I was trying to point to something in the Order so our
client can let the engineer know what the statement needs to say?
Thank you,
Shannon Soldi
Dionisi/O'Rourke, LLP
365 Boston Post Rd. Suite 214, Mill Village | Sudbury, MA 01776
P.O. Box 2090 Oyster Harbors | Osterville MA 02655
T: 978-443-3900 X12 | F: 978-443-3966 |
NOTE: Elevator to our 2nd floor can be found under the clock tower.
NOTICE REGARDING CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE:
This electronic transmission, including all attachments, contains confidential information that may be privileged. The
information is for the exclusive use of the addressee named herein. Disclosure, copying, distribution or use of the contents of the
material transmitted by person(s) other than the intended recipients is strictly prohibited. If you have received this electronic
mail message in error, please notify me immediately by reply e-mail and delete the original transmission.
From: Grant, Kelly <KGrant@yarmouth.ma.us>
Sent: Monday, November 18, 2019 12:55 PM
To: 'Shannon@dionisiorourkelaw.com' <Shannon@dionisiorourkelaw.com>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
We will put them in the mail today.
Please note that you need an engineer’s statement to accompany the Request for COC. See the filing form
link below and 310 CMR 10.05(9)(d).
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: Shannon@dionisiorourkelaw.com \[mailto:Shannon@dionisiorourkelaw.com\]
Sent: Monday, November 18, 2019 12:30 PM
2
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
Can you please mail them to me at:
365 Boston Post Road, Suite 214, Sudbury, MA 01776
I will send a request to be put on the agenda for the one that is not released. Thank you.
Thank you,
Shannon Soldi
Dionisi/O'Rourke, LLP
365 Boston Post Rd. Suite 214, Mill Village | Sudbury, MA 01776
P.O. Box 2090 Oyster Harbors | Osterville MA 02655
T: 978-443-3900 X12 | F: 978-443-3966 |
NOTE: Elevator to our 2nd floor can be found under the clock tower.
NOTICE REGARDING CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE:
This electronic transmission, including all attachments, contains confidential information that may be privileged. The
information is for the exclusive use of the addressee named herein. Disclosure, copying, distribution or use of the contents of the
material transmitted by person(s) other than the intended recipients is strictly prohibited. If you have received this electronic
mail message in error, please notify me immediately by reply e-mail and delete the original transmission.
From: Grant, Kelly <KGrant@yarmouth.ma.us>
Sent: Monday, November 18, 2019 12:15 PM
To: 'Shannon@dionisiorourkelaw.com' <Shannon@dionisiorourkelaw.com>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
HI Shannon
I have the true attested copies here for you now. We have no request on file for SE83-1896.
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
3
From: Shannon@dionisiorourkelaw.com \[mailto:Shannon@dionisiorourkelaw.com\]
Sent: Monday, November 18, 2019 11:25 AM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
Thank you so much for the quick reply this is great. How quickly could we receive the Trust Attested
copies for recording? I will send in the request for the other as you don’t see a request at all being made
correct?
Thank you,
Shannon Soldi
Dionisi/O'Rourke, LLP
365 Boston Post Rd. Suite 214, Mill Village | Sudbury, MA 01776
P.O. Box 2090 Oyster Harbors | Osterville MA 02655
T: 978-443-3900 X12 | F: 978-443-3966 |
NOTE: Elevator to our 2nd floor can be found under the clock tower.
NOTICE REGARDING CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE:
This electronic transmission, including all attachments, contains confidential information that may be privileged. The
information is for the exclusive use of the addressee named herein. Disclosure, copying, distribution or use of the contents of the
material transmitted by person(s) other than the intended recipients is strictly prohibited. If you have received this electronic
mail message in error, please notify me immediately by reply e-mail and delete the original transmission.
From: Grant, Kelly <KGrant@yarmouth.ma.us>
Sent: Monday, November 18, 2019 10:34 AM
To: 'Shannon@dionisiorourkelaw.com' <Shannon@dionisiorourkelaw.com>
Subject: RE: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
Hi Shannon
This is what I have on file.
SE83-145 – This is for 17 Neptune Lane (marina)– not 57 Neptune Lane
SE83-811 – Certificate of Compliance was issued in 1997 – we did not receive recording confirmation
SE83-854 – Certificate of Compliance was issued in 1991 – we did not receive recording confirmation
SE83-1896 – No Certificate of Compliance on File
4
For the two with COCs we could provide a true copy attest for you to have these recorded. SE83-1896 will require a
request for COC. The next available meeting for this will be December 19 (with a deadline of December 5). Filing forms
can be found here http://www.yarmouth.ma.us/696/Filing-Forms
Here is a link to the electronic files.
https://lf.yarmouth.ma.us/WebLink/Browse.aspx?id=686891&dbid=0&repo=LASERFICHE
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: Shannon@dionisiorourkelaw.com \[mailto:Shannon@dionisiorourkelaw.com\]
Sent: Friday, November 15, 2019 5:01 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: 57 Neptune Lane, South Yarmouth, MA/John & ann O'Rourke
Importance: High
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.
Hello
We have a sale pending next week and the bank attorney informed us of some outstanding Order of
Conditions on the property. I am so sorry the rush request or begging to make this a rush request if
possible. Are you able to tell us if the attached are released and maybe you have in your file by chance? If
not what will we need to do to obtain the Certificate of Compliance.
Thank you,
Shannon Soldi
Dionisi/O'Rourke, LLP
365 Boston Post Rd. Suite 214, Mill Village | Sudbury, MA 01776
P.O. Box 2090 Oyster Harbors | Osterville MA 02655
T: 978-443-3900 X12 | F: 978-443-3966 |
NOTE: Elevator to our 2nd floor can be found under the clock tower.
5
NOTICE REGARDING CONFIDENTIALITY AND ATTORNEY/CLIENT PRIVILEGE:
This electronic transmission, including all attachments, contains confidential information that may be privileged. The
information is for the exclusive use of the addressee named herein. Disclosure, copying, distribution or use of the contents of the
material transmitted by person(s) other than the intended recipients is strictly prohibited. If you have received this electronic
mail message in error, please notify me immediately by reply e-mail and delete the original transmission.
6