HomeMy WebLinkAboutAyotte Response to DEP waterways - January 28 2023 AddendumJanuary 28, 2024
Robert R. Ayotte, Manager
Carol J. Ayotte, Manager
Ayacht, LLC
59 Oyster Cove Road
South Yarmouth, MA 02664
Department of Environmental Protection
Waterways Regulation Program
1 Winter Street, 5th Floor
Boston, MA 02108
Re: Comments in Opposition to Application of Roseangela Caloiero to Construct/Maintain
Dock in the Waters of Bass River, Yarmouth, Massachusetts at Oyster Cove Road
23-WW06-0038-APP – Addendum Response to January 5, 2023, Response to 22-WW-
PRE-0144-APP
Application False Statements
1. Sole Ownership Claim – False Statement
The above statement is false and 11 other deed holders hold the same rights as Roseangela
Caloiero thus statement is false. Only abutters were notified and not all easement holders as
required by Chapter 91 Simplified Instructions (4. b. viii.) All easement holders must sign off per
Chapter 91 Simplified Application Instructions (5. c.) which has not been obtained from all other
11 easement holders.
2. Statement of property ownership – False Statement
The above statement is false and nothing in the deed submitted in the application gives any right
other than access to the Beach Area. Actual property owner since 1968 was proven in our
previous submittal as Robert and Carol Ayotte. Below is an area of deed stating that ownership
is indisputable.
3. All Property Owners Listed – False Statement
For property owner in the application Robert and Carol Ayotte and Ayacht LLC must be listed,
and the property address is 59 Oyster Cove Rd as highlighted below from the town of Yarmouth
Assessor Map – October 2023. We have also provided the Yarmouth GIS map showing the
property where the Bates dock from the 1994 Interim approval 4215 was located. You will see in
the notes for our property card with the Town of Yarmouth that the entire area is listed as our
property, and Ayotte, Ayacht LLC pay taxes on it.
Please note 29 Oyster Cove Rd is far up the street and not a waterfront property. The address for
the location of this application must be changed to 59 Oyster Cove Road.
Robert and Carol Ayotte were notified not as property owners but abutters and this must be
corrected by the applicant.
Robert and Carol Ayotte Mangers of Ayacht, LLC must sign the application per Chapter 91
Simplified Instructions (5. c.) requires property owner signature on the application and that has
not happened.
c. If applicable, prepare evidence of legal authority to submit an application for the
project site in lieu of the property owner signature (e.g. easement, etc. – see note below
for clarification) Note: This is not applicable if you are a representative completing this
form on behalf of the property owner; the property owner is required to sign the Proof of
Signature application form unless they have legal evidence to apply as described above.
Please contact us with any questions about this document.
4. Pre-1984 Structure/Fill – Inappropriate Application Type as no facility existed pre-1984. Below
are several pieces of evidence showing that no pre-1984 Structure existed. Previous facility
permit 4215 was permitted in 1994 and done improperly as Robert Ayotte filed with MASS DEP
in 1995. This new permit cannot rely on the previous permit 4215 and must stand on its own for
a few reasons. First is previous interim permit 4215 was not eligible for renewal. Numerous false
statements on previous 4215 permit should invalidate it.
Aerial Photography from September 20, 1984 – photograph below shows only our dock and our
neighbor McNamara at the time. These files are public and available online at the link below.
https://www.capecodcommission.org/our-work/cape-cod-chronology-viewer/
Site Photos September 1984 – Below photos show the site with no previous Bates dock.
Site Photos Late 1960s– First photo below is August of 1968, and the other is from a similar
timeframe. No previous Bates dock is present.
Site Photos Early 1980s– Photo below is summer in early 1980s. No previous Bates dock is
present.
5. Proposed plans also have several false annotations and do not list proper information. We have
updated it to include the proper information and omitted information in the first diagram.
The proposed Pier, Ramp and Floats does not meet any of the local ordinance requirements. We
have included information in the second diagram showing deficiencies that do not meet local
ordinance requirements.
For purposes of this application, it is a new application as permit 4215 was an Interim
Application and expired in November of 2023 and was not entitled to a renewal. As this is a new
application all current regulations must be met for the pier and float approval. A few quick
important points that cannot be met are per Town of Yarmouth regulations are:
a. (10.) Must have 3’ at Mean Low Water
b. (12. a.) Not allowed within 75’ adjacent dock. Permit #3426 is within 75’
c. (12. d.) Not located closer that 25’ property line. This dock is on the property line.
d. (13.) Will exceed 200 square feet of floats proposed design is 312 square feet.
e. Floats are aground at low tide and block light to shellfish.