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HomeMy WebLinkAboutCorrespondence 6.18.2020 Grant, Kelly From:Grant, Kelly Sent:Thursday, June 18, 2020 12:23 PM To:'Audrey Hazel'; 'John O'Reilly' Cc:'Matthew Farrell'; jcrawford@jenickstudio.com; 'Alyson Konkol' Subject:RE: 35 Aunt Dorah's Lane Attachments:Enforcement Order 11.27.2019.pdf Hi everyone For your information I have attached the Enforcement Order issued in November 2019 requiring the restoration plan and NOI by March 5 2020. nd An update was received February 28, 2020 extending that to April 2. rd An update email was received April 3 with no timeframe for filing. I asked for an update of expected filing date to th provide an update to the Commission at the April 16 meeting. No further update was available. th On April 16 the Commission discussed allowing more time due to COVID 19. They decided to allow another 3 weeks to th receive the filing (May 7). On May 21, the Commission discussed the matter again as no update had been received. (it is up to the property owner to keep the Commission updated). They voted to issue weekly fines of $100 per week until the filing was received. nd Nothing further was received until the update provided June 12, 2020 providing a new date of July 2 for the filing (3 months after the last date and about 8 months after the Enforcement Order was issued). I hope you will understand that the initial 3.5 months allowed for the filing was considered generous at the time given the violation. The Commission has been patient given the current situation but it is time to get this resolved. I have held off carrying out the Commission’s request to issue fines in the hope that the filing was coming any day and nd understanding that businesses have been impacted. However, if the July 2 deadline is not met I will be remiss if I do not take action according to their vote. Thank you Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Audrey Hazel \[mailto:ahazel@compassdesign.us\] Sent: Wednesday, June 17, 2020 10:47 PM To: 'John O'Reilly' <joreilly@jmoreillyassoc.com> 1 Cc: 'Matthew Farrell' <mfarrell@jmoreillyassoc.com>; Grant, Kelly <KGrant@yarmouth.ma.us>; jcrawford@jenickstudio.com; 'Alyson Konkol' <akonkol@jmoreillyassoc.com> Subject: FW: 35 Aunt Dorah's Lane RE: Francesco Melandri Residence at 35 Aunt Dorah’s Lane in Yarmouthport and Covid19 Impact Copied To All Parties: Francesco Melandri, Alyson Konkol, Matthew Farrell, Jen Crawford, Kelly Grant Attention To: Email from Kelly Grant to Alyson Konkol as attached below which states: “Please note that the Commission has voted to issue weekly fines until this matter is nd resolved. I will consider July 2 a hard deadline, after which time I will commence with issuing fines backdated to their May 21 vote.” Dear John O’Reilly, I hope you, your family & associates are doing well. In response to the Violation Notice and the Enforcement order, the owner Francesco Melandri immediately hired professionals at Crawford Land Management, and subsequently Engineers at J.M. O’Reilly & Associates, to work with us collaboratively on Existing Conditions Plan, Restoration & Planting Plan, Notice of Intent. The owner and I are very appreciative of your help and services. Please know that Crawford Land Management is currently working on the Restoration and Planting Plans. In accordance with the Massachusetts Governor’s Declaration, the offices of all professionals involved have been closed because of the Covid19 Global Pandemic. The professionals have been on stay at home advisory and have the health of family, community & stopping the global Pandemic as their top priority – as do we all. Many people have been laid off and many offices have not fully re-opened. The owner and I are completely patient and understanding of these factors which severely impact this process, including office work and field work. Not everyone is set up for or able to work remotely, especially when attending to safety precautions, children, family and illness. Certainly, we are very understanding of this and do not expect the professionals we hired to compromise their health or the health of their families. We do not expect people to be at risk for any reason and cannot force this process during Covid19 until people can work safely and / or have safe childcare. We understand that we can only have work completed when people are able, and when people can complete their work while allowing for the proper distance from others with precautions and regulations in place. Clearly we have experienced delays in this process and the initial anticipated dates due to Covid19. We appreciate everyone’s understanding, and we continue to be aware of what 2 needs to be submitted to the Yarmouth Conservation Commission. We know that you originally anticipated filing on April 2, 2020 with a hearing on April 16, 2020. Prior to those dates all schools closed, the Governor issued orders, businesses closed, etc. Though the Yarmouth Conservation Commission wants to resolve these matters as does the owner, the owner has patiently waited until people are able to work safely. I was also informed at that time by the Town of Yarmouth that all town meeting business and all Conservation business was being deferred to later dates with no decisions or public comments or votes. The owner and I are not aware of any hard filing deadline previously requested by the Yarmouth Conservation Commission. We have not received a letter addressed to Mr. Melandri by regular mail or by email from the Yarmouth Conservation Commission stating that there was a hard deadline of April 2, 2020; furthermore, we would not expect you to make the April 2, 2020 filing in the middle of a Pandemic with people sick and dying all over the world, particularly in the state of Massachusetts. We would expect you to go into safety and shelter at home as advised by government and healthcare officials. We are really surprised and confused to read the sentences from the email of Kelly Grant regarding weekly fines when we are in the middle of a Pandemic with businesses shut down. We have not received a letter addressed to Mr. Melandri by regular mail or by email from the Yarmouth Conservation Commission stating that the Melandri residence would be included on an agenda for a meeting on May 21, 2020 when the filing has not yet been made. We have not received a letter addressed to Mr. Melandri from the Yarmouth Conservation Commission stating that the Melandri residence would be voted upon for the purpose of issuing fines. We have received no letter or no information from the Yarmouth Conservation Commission explaining who prompted the vote, why there was a vote, the reasons for the fines, the amounts of the fines, and we have no information on any previous or current hard deadlines for filing. We take these matters quite seriously and intend to continue to work with Crawford Land Management and J.M. O’Reilly & Associates on these matters. We know that your office has been closed, but we are asking if you can please check your regular mail and email for any letters or notifications from the Yarmouth Conservation Commission regarding any previous hard deadlines and regarding voting to issue fines to the owner. Please respond and let us know if you have received anything. We do not understand why there was a vote to penalize the owner for a filing date delayed by the Covid19 Pandemic Impact. We definitely want to resolve this matter, as the owner has every intention of responding to the Enforcement Order as soon as the professionals he hired can complete the required work. We would also like to obtain the meeting minutes from the May 21, 2020 Conservation Commission Meeting, as the Melandri residence was not listed on the Agenda. We have already checked with Crawford Land Management and they have received no notices for the meeting agenda or the vote to issue fines for said property. 3 Thank you, Audrey Hazel From: Grant, Kelly Sent: Monday, June 15, 2020 4:25 PM To: 'Alyson Konkol' <akonkol@jmoreillyassoc.com> Subject: RE: 35 Aunt Dorah's Lane Thanks Alyson nd Please note that the Commission has voted to issue weekly fines until this matter is resolved. I will consider July 2 a hard deadline, after which time I will commence with issuing fines backdated to their May 21 vote. Regards Kelly Grant Conservation Administrator Town of Yarmouth 508-398-2231 Ext 1288 kgrant@yarmouth.ma.us From: Alyson Konkol \[mailto:akonkol@jmoreillyassoc.com\] Sent: Friday, June 12, 2020 10:40 AM To: Grant, Kelly <KGrant@yarmouth.ma.us> Cc: Matthew Farrell <mfarrell@jmoreillyassoc.com>; ahazel@compassdesign.us; fdmelandri@gmail.com; jcrawford@jenickstudio.com Subject: 35 Aunt Dorah's Lane 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. Good Morning! I hope you well and stay well! Attached please find a progress letter from Matt Farrell regarding the subject property. Please let me know if I may be of further assistance. Thank you! Alyson Konkol J.M. O'Reilly & Associates, Inc 1573 Main Street 2nd Floor / P.O. Box 1773 Brewster, MA 02631 508-896-6601 508-896-6602 fax http://www.jmoreillyassoc.com 4 Please visit us on Facebook! https://www.facebook.com/pages/JM-OReilly-Associates- Inc/197366633630535 Confidentiality Notice: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it was addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. 5