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Grant, Kelly
From:Grant, Kelly
Sent:Wednesday, November 27, 2019 4:11 PM
To:'Margaret Smith'
Cc:'Mark Burgess'
Subject:RE: Downed trees at 39 Merchant Avenue, Yarmouth Port
Hi Margaret
Thanks for your email. I am happy to work with Mark on this. I will need to receive an application for the tree work as it
is outside of what I can approve administratively.
With regard to the open conservation issues, there are two open Orders of Condition for the property for the two
projects you mentioned. When the work is completed it is the responsibility of the applicant to request a Certificate of
Compliance for the project. You are in effect “in violation” until that is done, and the Commission will not issue new
permits until any existing issues are resolved. I suggest you have someone request the Certificates of Compliance for
you now, while the other projects are in development. The file can be viewed online at the Town website or by coming
into my office.
Let me know if you have any further questions.
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: Margaret Smith \[mailto:mesmith45@gmail.com\]
Sent: Tuesday, November 26, 2019 11:55 AM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: Downed trees at 39 Merchant Avenue, Yarmouth Port
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Kelly,
The storm in October brought down two large trees on the shoreline of my property at 39 Merchant Avenue,
Yarmouth Port.
I would be glad if you could come out to the property and take a look at this situation. Clearly, we need
permission from Conservation to remove the two trees. But there are several other trees at the edge of the
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shoreline that perhaps should be removed as well, because if they are left, they will probably fall at a later date
and pull down a chunk of the bank. I would like you to suggest which other trees we should remove at the same
time, so we can do this all at once.
Mark Burgess has been working with us on the redesign of the dock, and will be filing with Conservation soon
for that plan.
Mark is willing to discuss this new tree issue with you, on our behalf, since I will not be on the Cape during the
coming weeks. If you can talk directly to Mark about it that would be great.
Strangely, The Tree Company (who is now doing my tree work) did try to get in touch with you about the
downed trees, via a landscaper who handles their Conservation permissions. The answer they got from
Conservation was that I have two outstanding issues with Conservation that are unresolved and would get no
further permissions until they are resolved. They cited the renewal of the 1985 septic tank, (which actually was
done by Ray Bernier in the early 2000s) and the work done on the stone staircase to the dock, which was
handled by Phil Cheney. I know Phil Cheney would not have gone ahead with that project without the proper
permissions from you. So I would be glad if you could look into these matters and make sure that your records
are up to date. If there is something more I need to do about them, please tell me.
Thanks for your help on all this,
Margaret Smith
--
Margaret E. Smith, Ph.D.
Director
Program on Trauma Healing and Community Resilience
Institute of World Affairs
202-403-1352
Author of Reckoning with the Past: Teaching History in Northern Ireland
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