HomeMy WebLinkAboutCorrespondence Feb 2020
Grant, Kelly
From:Grant, Kelly
Sent:Friday, February 14, 2020 2:23 PM
To:'Margaret Tyndale-Biscoe'
Cc:Mark Burgess
Subject:RE: Downed trees at 39 Merchant Avenue, Yarmouth Port
Hi Margaret
I am happy to come out and take a look at the downed trees that you wish to remove. I should be able to
administratively approve that. The additional tree work you mentioned is what needs permitting. As I mentioned in my
previous email, there are two open Orders of Condition for the property. 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.
Let me know when you would like to meet onsite, or if you would like me to visit the site in your absence.
Regards
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: Margaret Tyndale-Biscoe \[mailto:mesmith45@gmail.com\]
Sent: Thursday, February 13, 2020 12:33 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Cc: Mark Burgess <shorefrontconsulting@gmail.com>
Subject: Re: Downed trees at 39 Merchant Avenue, Yarmouth Port
Dear Kelly,
I had been under the impression that Mark Burgess was dealing with my downed trees issues, but it seems he
has not.
Therefore, could we please pick up our earlier discussion about what I need to do to get permission to remove
my downed trees?
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Once the downed trees are removed, we could discuss other matters that need attention, but I would like to get
the downed trees removed as soon as possible.
Just as a reminder, please see my email to you of November 26, where I include photos of the downed trees.
I am confused about the compliance issues you raise, since I have removed downed trees from my property
before, and you never brought up other compliance issues as a prerequisite.
But clearly the compliance issues need to be addressed. Mark was supposed to address them, but has not had
time to do so.
I am not at the Cape right now, otherwise I would ask if we could meet and discuss. But perhaps a phone call
would be helpful.
Thanks Kelly, and looking forward to talking to you.
Best,
Margaret Smith
On Mon, Dec 2, 2019 at 1:41 PM Margaret Smith <mesmith45@gmail.com> wrote:
Thank you, Kelly.
My husband and I have studied all this pretty carefully, but feel it is too difficult for us to do ourselves,
especially because we are not on Cape right now.
Mark Burgess has agreed to do these administrative tasks on our behalf.
Best,
Margaret
On Mon, Dec 2, 2019 at 8:27 AM Grant, Kelly <KGrant@yarmouth.ma.us> wrote:
Hi Margaret
Here is the link to the filing forms and checklists. http://www.yarmouth.ma.us/696/Filing-Forms
A Request for Determination of Applicability may be sufficient for the tree work – It is difficult to know without a
better understanding of the scope of work. The Request for Certificate of Compliance form can be found here
also. Once we receive the complete requests we will put them on the agenda for the following Conservation
Commission meeting for review.
The left panel on the webpage has links to the meeting schedule/deadlines and the filing fees.
2
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: Friday, November 29, 2019 8:44 AM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Cc: Mark Burgess <shorefrontconsulting@gmail.com>
Subject: Re: Downed trees at 39 Merchant Avenue, Yarmouth Port
Kelly,
Can you explain to me what I need to do with regard to the "application" you say you need?
Likewise, with regard to the Certificates of Compliance, can you please tell me what I need to do to get them?
Thanks,
Margaret
On Wed, Nov 27, 2019 at 4:11 PM Grant, Kelly <KGrant@yarmouth.ma.us> wrote:
Hi Margaret
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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
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.
5
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
--
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
--
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
6
--
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
7