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February 27, 2023
TO: Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 ext. 1288
SUB: Response to Enforcement Order – 13 Webster Road – WPA Form 9, Dated 2/6/2023
Dear Ms. DiRienzo,
My wife and I received WPA Form 9 – Enforcement Order, dated 2/6/2023, and attached for reference –
and offer this letter for your consideration.
First, be it known, that we have ceased activity on our property that might be in question. We believe
there may, however, be some confusion regarding the cited activity which we wish to clarify. The
“Extent and Type of Activity” is described as “Unpermitted alteration of a resource area – raze and
replace of a single family dwelling, installation of hardscape, and regrading in land subject to coastal
storm flowage”. There has NOT been, nor is there planned to be, a raze and replacement of a single
family dwelling. The single family home, located at 13 Webster Road, West Yarmouth, remains the
same “footprint”, shape and configuration as purchased. The home is not being razed. I request that
remark be struck from the Enforcement Order.
Secondly, we have a permit in place for the construction of a shed. I phoned your office and we spoke
shortly after receiving the Enforcement Letter. You stated that we may proceed with the activity of
building the shed. I request confirmation that we may proceed.
Third, be it known the “installation of hardscape, and regrading in land subject to coastal storm flowage”
was done as part of a previously submitted and permitted septic system installation (Permit #BLDTR-21-
007239) or as part of storm drainage repair necessitated by the associated work. The contour and grade
of the property followed the submitted and accepted septic plan. Hardscaping was added after the
inspected and accepted work.
Landscaping was performed to remove and replace trees affected by the septic installation. For
instance, of the “Twin Holly” marked on the septic plan; one was saved and moved about 20
feet while the other is replaced. Landscaping was also performed to remove the invasive species
of Japanese Knotweed (Fallopia japonica) to the extent possible. Trees removed where deemed
necessary or damaged due to the septic installation.
Hardscaping, including the addition of walls was installed to add storm drainage terracing and
percolation fields with moderate changes to contour and grade. This was due to the unforeseen
problems brought about by the septic installation which caused increased and uncontrolled
storm drainage into the adjacent lot (Andrew Leighton at 20 Brewster Rd) as well as to our
basement door. The percolation fields, made of pea stone or similar, control the flow of storm
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water and allow percolation into the ground. Decorative drainage swales are added to the
percolation fields to add to this control. We have not seen any problems since.
It is our intention to file a Notice of Intent (NOI) on or before May 18,2023 to describe the installation of
hardscape if you agree. The work, however, has been performed. We request a meeting to discuss.
Respectfully,
Timothy J. Norton
7 Sewall St.,
Somerville, MA 02145
Cell: 617-365-0736
PERMIT NO BLDTR-21-007239
06/14/2021ISSUE DATE
APPLICANT PERMIT TO
JOB WEATHER CARD
BUILDING
PERMIT
Building Department
(508) 398-2231 ext.1261
TOWN OF YARMOUTH
Quirk Excavating
PHONE
AT (LOCATION)ZONING DISTRICT Bldg. Type:
SUBDIVISION MAP BLOCK LOT CONST TYPEBUILDING IS TO BE:USE GROUP
AREA (SQ FT)
CONTRACTOR
LICENSE
REMARKS
EST COST($)PERMIT FEE ($)
OWNER
ADDRESS
13 WEBSTER RD, WEST YARMOUTH, MA 02673
029.151
50.00
CLAUDIA NORTON
, 7 SEWALL ST
SOMERVILLE MA 02145
BUILDING DEPT BY
Trench - Install a septic system 774-836-6401
474,368,400.00
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY
OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE
APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE
OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM
THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM INSPECTIONS REQUIRED FOR ALL
CONSTRUCTION WORK: 1) FOUNDATIONS OR
FOOTINGS. 2) PRIOR TO COVERING STRUCTURAL
MEMBERS (READY FOR LATH OR FINISH
COVERING) 3) FINAL INSPECTION BEFORE
OCCUPANCY 4) REFER TO DETAILED INSPECTION
SCHEDULE
APPROVED PLANS MUST BE RETAINED ON
JOB AND THIS CARD KEPT POSTED UNTIL
FINAL INSPECTION HAS BEEN MADE.
WHERE A CERTIFICATE OF OCCUPANCY IS
REQUIRED, SUCH BUILDING SHALL NOT BE
OCCUPIED UNTIL FINAL INSPECTION HAS
BEEN MADE.
WHERE APPLICABLE
SEPARATE PERMITS ARE
REQUIRED FOR ELECTRICAL
PLUMBING/GAS AND
MECHANICAL INSTALLATIONS.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTIONS APPROVALS
OTHER:
INPSECTIONS INDICATED ON THIS CARD
CAN BE ARRANGED FOR BY TELEPHONE
OR WRITTEN NOTIFICATION.
PERMIT WILL BECOME NULL AND VOID IF
CONSTRUCTION WORK IS NOT STARTED WITHIN
SIX MONTHS OF DATE THE PERMIT IS ISSUED AS
NOTED ABOVE.
WORK SHALL NOT PROCEED
UNTIL THE INSPECTOR HAS
APPROVED THE VARIOUS
STAGES OF CONSTRUCTION
Hardscaping, including the addition of walls was installed to add storm drainage terracing and percolation
fields with moderate changes to contour and grade. This was due to the unforeseen problems brought
about by the septic installation which caused increased and uncontrolled storm drainage into the adjacent
lot (Andrew Leighton at 20 Brewster Rd) as well as to our basement door. The percolation fields, made of
pea stone or similar, control the flow of storm water and allow percolation into the ground. Decorative
drainage swales are added to the percolation fields to add to this control. We have not seen any problems
since.