HomeMy WebLinkAboutViolation Correspondence 8.4.2020
Grant, Kelly
From:Grant, Kelly
Sent:Tuesday, August 4, 2020 8:38 AM
To:'Nick DiNinno'
Subject:RE: 140 Mayflower Terrace
HI Nick
Thanks for your response. I will pass your comments to the Commission and they will decide what cause of action is
required. This will be on the agenda for August 20, 2020 and I recommend attendance at that meeting to discuss the
matter with them.
Thanks
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
-----Original Message-----
From: Nick DiNinno \[mailto:drnick@dininnofamilydental.com\]
Sent: Sunday, August 2, 2020 10:49 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Subject: 140 Mayflower Terrace
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________________________________
Hi Kelly,
I am in receipt of your violation notice for the floating dock. I want to apologize for not contacting you sooner, but we
have been on Cape for the past few months. Our daughter just checked our mail and notified us immediately.
I would like to explain the reasons for my actions. First let me say I am a retired dentist that has always followed the
rules, both professionally and personally. It troubles me greatly to be deemed in violation of the town’s laws.
I understand that the floating dock was not approved when we went through the process a few years ago. The pier was
approved with a ladder for water access. For the last two years I have tried to live with this scenario and have
maintained, as I do now, a slip at Mayfair marina. Having said this, I believe it is perfectly legal to bring my boat into
Dinah’s Pond and have access to my property. My initial attempts to load and unload family, especially my grandchildren
and mother-in-law proved to be quite dangerous as you can imagine. Without a floating dock pulling up to the fixed pier
was almost impossible and transferring in and out of the boat without a float at the appropriate height was very
dangerous. I had no choice but to pull into shore and tie off at the pier. I am certain this did not help the sea life or sea
shore.
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Using the kayaks also proved to be troublesome as the ladder was not always at an optimal height and it was dangerous
getting in and out. Getting the kayaks into the water was impossible from the pier. Subsequently, we resorted to
dragging the kayaks through the shoreline and water, again damaging the marsh and sea life.
This year, when I saw the recent approvals for three floating docks in Dinah’s, I thought I would put one in and see what
happened, knowing I might get a call from you. We rented at 122 Mayflower for several years and the water conditions
and levels are very similar to ours as the property is just three doors down. What I found with the float is that access to
the water for boating was much safer. I have installed a kayak rack on the float. Both of these additions increased safety
and I believe has helped the shoreline and sea life as we no longer walk through the grasses, run our boat aground or
drag the kayaks through the marsh. My grandchildren and my mother-in-law are much happier and safer.
There is approximately 32” of water at low tide. Neither the dock nor the boat rest on the bottom at low tide. As I said
before, we have maintained a slip at Mayfair because our access in and out of Dinah’s is limited to approximately three
hours either side of high tide. If the boat is at the dock at low tide, we cannot go anywhere for this reason.
I have measured many floating docks informally in and out of Dinah’s Pond. My informal survey shows that many of the
existing docks have less than the required 36” at low tide. I feel that we are not asking for anything different than what
already exists up and down the river, although I do understand and appreciate the concern for the shoreline and the sea
life. I do feel that by having the floating dock, we have improved the situation regarding access to the water without
walking through the marsh or running the boat ashore. In fact, I have a letter from a specialist at Woods Hole stating this
very fact. We have also made the situation safer for all of us that use the water, especially our grandchildren and elders
who have a difficult time getting in and out of the boat.
I look forward to your visit to our property to see what we have done. I think you will find that we have done everything
with great care and high quality. If you still feel that we are in violation, perhaps you can guide me to a resolution of
some kind. Maybe stops on the floating dock to set the required 36” (we are not that far off) or some further restoration
of the shoreline with plantings.
I do believe, as I am sure you do, that safety and the preservation of the shoreline are very important. I also believe that
what I am requesting is reasonable and within normal limits considering the situations currently present just next door
in Dinah’s Pond.
I will contact your office tomorrow to schedule your visit and I look forward to speaking with you.
Sincerely,
Nick
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