Correspondence 7.27.2020
Grant, Kelly
From:Grant, Kelly
Sent:Monday, July 27, 2020 12:08 PM
To:'Maria'
Subject:RE: Dock violation
Hi Maria
Thanks for the quick response.
With regard to the dock:
The dock itself predates the local wetland protection regulations, therefore there is no permitting on file under the
wetland protection regulations. In this instance the Commission takes the Chapter 91 license plan to be the plan of
record (because it is the plan of what was built). Under the local wetland protection bylaw, and the state wetland
protection regulations alterations to the dock and float system require permitting through the Conservation
Commission. The float configuration appears to have been altered in 2013 and I have no record on file of any permitting
for those changes. That is the violation – it is not a violation under Ch91 as we don’t have jurisdiction over that
license. The local regulations allow 200 sqft of floats. Your licensed dock had 228 sqft of float. As it pre-dated the
regulations you are allowed up to that size. I don’t have the exact size of your current floats as I have not been able to
measure them in the field. I am happy to come out and measure them to confirm the dimensions. The previous
violation notice required that the oversized configuration be removed by October 31, 2019 with expectation that it not
return for the 2020 boating season. I will need to update the Commission at our August 6, 2020 meeting. If you would
like to discuss the matter with the Commission then you are welcome to attend that meeting. A number of property
owners on Bass River have been faced with similar violation notices, most of which we have now resolved so I am just
working to resolve the remaining outstanding ones.
With regard to your neighbor’s property. I am happy to come and take a look to see if there are any violations I need to
address. I will be in Town tomorrow if that works for you? I could meet with you at 11am or sometime after? Otherwise
let me know what day this week or next would work best for you.
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: Maria \[mailto:bassriver21@comcast.net\]
Sent: Monday, July 27, 2020 11:27 AM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: Re: Dock violation
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Hi Kelly, thanks for getting back to me. As far as I’m concerned there is no violation. I sent you the documentation from
the army corps. I am one of the few people that have a long-standing license. I reached out to them for confirmation
about the size of the floats. I spoke with one representative who said that the size on the sketch was just a moment in
time, and that no float size was specified. He was supposed to send me the regulations regarding same.we are
apparently having COVID- communication issues.
I also measured the float To the north, and the size you have is incorrect. Since the float is already in, Lee said that it is
unlikely he’ll be able to get to it- assuming that there is a violation. I guess he’s busy with other projects. And I certainly
am no position to try to lift that ramp which weighs about 300 pounds!
But most importantly, we have to address the threshold issue about whether or not there is in fact any issue with the
size of my float. I hope you can hold out a little bit longer for me to get a response from the army corps.
Moreover, I am very upset about the disparate treatment that I am seem to facing versus my neighbor to the south. He
has moved all of his skidoos onto his yard, located two ramps on the beach, and electrified the pole that is illegal and
non-conforming in the conservation area. He is also violating my constitutional rights by having put up an audio device.
His wife specifically told me it was to shut me up. Isn’t that delightful?
I don’t care if the pole is for wild sea hawks or not, what’s fair is fair. They keep on adding to the structure. And the pole
remains in my drop zone. God forbid it should fall on one of my animals during the next storm. Theyvskso dropped a
bunch of stone around the pole and onto my beach. Is there a permit for that?
The resentment they caused by dropping stones is causing significant damage- The loss of trees and a significant amount
of seagrass. Seems to me loss of sea grass and sand, entries, and my front yard is a more pressing issue as we face the
destruction of our beautiful river.
I would love to be able to talk to you about this in person. Would you be able to come to my house and you will see
what we are talking about?
I look forward to hearing from you.
From the iPhone of Maria Marasco, Esq.
On Jul 27, 2020, at 10:23 AM, Grant, Kelly <KGrant@yarmouth.ma.us> wrote:
Hi Maria
I am reviewing the file for your dock violation and would like to get an update on whether the oversized
floats have been replaced with the licensed size floats?
Are you able to confirm if Lee Colton addressed this for this season?
See attached correspondence for your reference.
Thanks
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Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
<Correspondence 2.pdf>
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