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HomeMy WebLinkAboutcorrespondence abutter concerns 2.17.2022T TROY WALL ASSOCIATES WATTORNEYS AND COUNSELLORS AT LAW A PROFFSS I ON AL ASSOCIATION OI' INDIVIDUAL PRACCrI'1ION I. RS' 90 ROUTE 6A, SANDWICH, MASSACHUSETTS 02563 TELEPHONE: (508) 888-5700 ROBERT S. TROY rst@trovwallassociates.com BRIAN J. WALL bjwatroywallassociates. com Kelly Grant, Conservation Administrator Conservation Commission Town of Yarmouth 1146 Route 28 Yarmouth, MA 02664 February 17, 2022 Re: Town of Yarmouth - Notice of Intent Long-term Dredging and Beach Nourishment Dear Ms. Grant: Please be advised that I represent Andrea Graveline and Ken Stout, Co -Trustees of the Grove Street Nominee Trust ("Trust"). The Trust owns properties at 7 Grove Street and 9 Vernon Street in the Hyannis Park section of West Yarmouth. The properties are located at the end of Grove Street and Vernon Street and border upon Lewis Bay. As part of the above -referenced Notice of Intent, the Town of Yarmouth is proposing to place dredge spoils on the beaches at 36 sites, including at the end of Grove Street and the end of Vernon Street. The Trust has concerns with this aspect of the proposal. The vegetation growing on the beach in this area is fragile and has struggled to establish itself due to the dynamic environment and foot -traffic from beachgoers. The vegetation stabilizes the beach and protects a wall owned by the Trust that runs parallel to the beach. Placing sand on the beach as proposed may directly cover the vegetation and/or indirectly cover the vegetation when the newly deposited sand is blown about by the wind. This may destroy the vegetation, and thereby adversely affect the stability of the beach. In addition, there is a significant amount of marine life on the beach and in intertidal zone, including hermit crabs, fiddler crabs, and nesting birds. Placing the sand on the beach may adversely affect this wildlife. 'EACH ATTORNEY IN THIS OFFICE IS AN INDEPENDENT PRACTITIONER WHO IS NOT RESPONSIBLE FOR THE PRACTICE OR THE LIABILITY OF ANY OTHER ATTORNEY IN THE OFFICE February 17, 2022 Page 2 Further, placing the sand at the ends of Grove Street and Vernon Street may adversely affect the surrounding area, including the beach and the adjacent waters. The Town is proposing to place the sand at the end of Grove Street and Vernon Street because the streets are public ways. But the sand is not going to remain where it is placed. The beach is a dynamic resource area affected by wind and waves. The sand that the Town places within the layout of the public ways will move as a result of the wind and waves and will affect neighboring private property and adjacent wetland resource areas. The Trust contends that placing the sand in this manner is not ecologically sound and will harm adjacent areas. The Trust requests that the Commission take these comments into consideration and deny permission to place the sand at the end of Grove Street and Vernon Street. There are a total of 36 sites being proposed for beach nourishment. The Trust encourages the Commission to condition the permit by requiring the sand to be placed in locations other than at the end of Grove Street and Vernon Street. Thank you for your consideration. Respectfully submitted, / �a�� Brian J. all Cc: Andrea Graveline Michelle Graveline