HomeMy WebLinkAboutCorrespondence 10.27.2020
Grant, Kelly
From:Grant, Kelly
Sent:Tuesday, October 27, 2020 10:41 AM
To:'frank lloyd'
Subject:RE: WPA Form 9- Enforcement Order issued by Yarmouth on 9/21/2020
Hi Frank
1. The Enforcement Order does not require the removal of the bench. The bench is to be included in the NOI to
formally approve its existence. The Enforcement Order required the removal of the two lower boat racks
2. The Town does not have “guidelines” for building structures in dune or beach area. The regulations detail
requirements and limitations on such structures. Minor structures in the buffer zone can be approved
administratively but structures in a resource areas require commission approval.
3. When tree work was reviewed at the property it may have been assumed that approvals had been sought for
any existing structures. When these structures were rebuilt/added without permitting they came to the
Commissions attention.
4. The Enforcement Order did not include a paper copy of the Notice of Intent as most people prefer to access the
forms, instructions, and checklists collectively electronically. I can mail you a hardcopy if you wish, otherwise
here again is the link to the online forms. http://www.yarmouth.ma.us/696/Filing-Forms (scroll down to Notice
of Intent). Please advise.
5. I will look into the conflict of interest concern.
6. If you wish to appeal the Enforcement Order issued by the Commission you are able to do so by appeal to the
Superior Court.
Regards
Kelly Grant
Conservation Administrator
Town of Yarmouth
508-398-2231 Ext 1288
kgrant@yarmouth.ma.us
From: frank lloyd \[mailto:fvlloyd@rcn.com\]
Sent: Monday, October 26, 2020 4:09 PM
To: Grant, Kelly <KGrant@yarmouth.ma.us>
Cc: 'Lida Lloyd' <ltlloyd@rcn.com>
Subject: RE: WPA Form 9- Enforcement Order issued by Yarmouth on 9/21/2020
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From: frank lloyd <fvlloyd@rcn.com>
Sent: Friday, October 23, 2020 8:38 PM
To: kgrant@yarmouth.ma.us
Subject: WPA Form 9- Enforcement Order issued by Yarmouth on 9/21/2020
Dear Kelly,
I am writing in response to the above referenced Enforcement Order to clarify my position for you and the Conservation
Commission and to make a request that the Commission reconsider their decision based on a review of the following
additional facts. My comments relate to the Order to remove certain boat racks on the beach at 222 Pleasant Street in
South Yarmouth.
To first put the issue in historic perspective, the beach property under review has been owned by the Lloyd family since
1938 and, unlike the abutting neighbors on both sides who built revetments, a revetment has never been built on the
property at 222 Pleasant Street. As a result, we continue to have a beach that can be used for sunbathing, swimming
and launching small boats without engines that contribute to the pollution in the river with oil and gas and ecosystem
damaging wakes.
As for the Enforcement Order to remove the bench which has been on the beach since before 1965, my understanding is
that it would not be subject to an Order to remove it, under a “grandfather clause”.
Re the Order to remove the 2 boat racks, the racks are a modified version of the more extensive racks which were built
more than eleven years ago and were built within, what we understood to be, the Town guidelines. In fact, when we
obtained a permit to remove a grove of poplar trees just above the racks, there was no mention by the Conservation
Commission that the boat racks in violation. My understanding based on your earlier comments is that I would be
required to file a WPA Form 1- Request for Determination of Applicability in order to request a review of the
Enforcement Order. Under the WPA Form 9- Enforcement Order, Section C, I am required to “Complete the attached
NOI”, but there was no NOI attached.
I would conclude by noting that the Lloyd property, which includes 3 houses, is used by my 5 children and their families.
Elie Broiderick Lawrence, who grew up in one of the houses now owned by my son Stratton and his wife, has made
comments on the record that exhibited her negative bias and continues to struggle with the reality of losing her family
house. In my opinion, she should have recused herself from participating in this hearing, as she did in an earlier hearing
regarding my son’s application for a dock in front of his house, her old family house.
I am forwarding, by separate emails, photos of the boat racks on the beach taken in 2012, 2018 and 2020.
Regards, Frank
Thanks,
Frank Lloyd
O: 617-734-2073
H: 617-734-9562
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