HomeMy WebLinkAboutCorrespondence 9.15.2020
Grant, Kelly
From:Grant, Kelly
Sent:Tuesday, September 15, 2020 10:18 AM
To:'Carol Love'; kenneybuilders@gmail.com
Cc:Grylls, Mark; Sears, Tim
Subject:RE: 70Grandview Drive deck replacement
Attachments:70 Grandview Violation Notice.pdf; Building Permit Sign off.pdf
Hi Carol
Here is what I have on file for the property:
SE83-597 - construction of addition and deck in 1985 - no Certificate of Compliance has been issued.
SE83-778 - addition and septic system - Certificate of Compliance issued but no recording on file
SE83-879 - pool - denied project Certificate of Compliance issued but no recording on file
SE83-921 - gazebo - 1988. Certificate of Compliance issued but no recording on file.
The items that have COCs issued may have been recorded at the registry but we did not receive a copy. It is a
requirement of the permits that we receive this documentation.
I spoke with the chairman yesterday and agreed that we can sign off on the request to replace the deck in the existing
footprint, however we will need to proceed with enforcement for the vegetation removal. The 35 foot buffer to a
wetland resource area is a no-disturb zone. Any vegetation removal would need to be approved by the Conservation
Commission prior to the work taking place.
I have attached the Building Permit sign off and the violation notice here.
Regards
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
-----Original Message-----
From: Carol Love \[mailto:cove5@aol.com\]
Sent: Friday, September 11, 2020 3:00 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Cc: Grylls, Mark <mgrylls@yarmouth.ma.us>; Sears, Tim <tsears@yarmouth.ma.us>; kenneybuilders@gmail.com
Subject: 70Grandview Drive deck replacement
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________________________________
Dear, Ms. Grant,
Concerning your request for us to perform vegetation mitigation, we did some research into the records of our property.
It appears that the Connors did a significant remodel of our home in 1985. This is, we presume, when the deck was
added along with the gazebo, as the gazebo looks customized to match the trim of our decking.
We purchased our home in 2001. There was never any mention of a Certificate of Compliance, or anything to do with
mitigation of bushes for the gazebo at the closing. As you have informed us, there is nothing recorded on our deed, or it
would have been noted and respected.
Sometime between 2001 and 2012, we did remove bushes near the seawall, probably closer to 2005.
Why?
The integrity of our seawall was being compromised by huge roots of enormous yews that were cracking the cement
and the stonework.
We also had dens of foxes under our yews and we were concerned for our two small animals and our young
grandchildren. There were multiple fox dens at our neighbor’s yard that had, and is, completely overgrown.
If you look at our front and backyards, you will see an abundance of bushes, not only in those yards, but all of the bushes
lining the side yards belong to us.
We have been the managing partners of Pirates Cove Adventure Golf for 34 years, and residents of Yarmouth for 40.
Bob was actively involved in the construction of both courses. Bob worked cooperatively with all of the town boards,
including Conservation, as we have always respected your roles. Unfortunately, he had to give up his management
position, as he suffers from late stage Parkinson’s Disease.
As I stated before, we had no knowledge of any pre-existing condition of a vegetation mitigation, as nothing was ever
recorded. Perhaps someone dropped the ball years ago and never followed through with recording this information on
our deed?
All we are attempting to do is the right thing: replace an aging deck on the same footprint as the existing one. All of the
other town departments have signed off on this project, and it has been in the works for over two weeks. Our window
of opportunity is closing with our contractor with your delays. Our deck is 35 years old, far past it’s prime.
Just to be very clear, am I to understand that you will not sign off on this project, so we may not move forward, because
of a non recorded 35 year old agreement, that no one involved in our closing had any knowledge of? A safe deck is our
only concern here. I don’t understand why removal of bushes has anything to do with the safety of an upper level deck.
I would like clarification on this before we consult our attorney.
Thank you for your time.
Carol and Bob Love
Sent from my iPad
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