Loading...
HomeMy WebLinkAboutCorrespondence 10.28.2020 Grant, Kelly From:frank lloyd <fvlloyd@rcn.com> Sent:Tuesday, October 27, 2020 1:46 PM To:Grant, Kelly Cc:'Lida Lloyd' Subject:RE: WPA Form 9- Enforcement Order issued by Yarmouth on 9/21/2020 Hi Kelly, Thanks for your detailed response. I plan to remove the racks that do not include the vertical boat rack. As a reminder, the reason that the racks were repaired and rebuilt was because they were damaged during the major storm in October 2019, as was the bench, railing and gangplank at the end of our dock. We were simply repairing the storm damage. I would appreciate your sending a hard copy of the NOI, as I found the link to be confusing. Also, I would like to deliver an Appeal to the Superior Court. Would you know how long it would take the Superior Court to render a decision? As for a “grandfather” clause that might apply to the structures on the beach, I would be interested in learning what your understanding would be. Would the bench, which has been in place for more than 55 years, fall within such a clause? I appreciate your assistance, Frank From: Grant, Kelly <KGrant@yarmouth.ma.us> Sent: Tuesday, October 27, 2020 10:41 AM To: 'frank lloyd' <fvlloyd@rcn.com> 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 1 508-398-2231 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 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. 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 2 Thanks, Frank Lloyd O: 617-734-2073 H: 617-734-9562 3