HomeMy WebLinkAboutLetterKelly Kane
41 Tanglewood Drive
West Yarmouth, MA 02673
kellyka ne1971(dam ail.com
(617) 721-9073
April 15, 2024
Town of Yarmouth
Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
Dear Members of the Conservation Commission,
Thank you for considering our Notice of Intent regarding the construction of a deck on
the property at 41 Tanglewood Drive, West Yarmouth.
First, we want to assure you that we take very seriously the enforcement order we
received in July 2023, We understand the importance of compliance and are committed
to meeting all of the requirements of the Commission. We have been working diligently
to complete all of the requirements though we were unable to meet the initial deadlines
for the Notice of Intent.
Unfortunately, we unwittingly made several mistakes when we first decided to build a
deck on the property which has led to this situation. Though I was obviously aware that
my house backed up to wetlands, I wasn't actually aware of the setback requirements
that would prohibit me from building a freestanding deck in my yard until we received the
enforcement order.
When we initially decided to build the deck in the backyard, my brother-in-law, Mark
Philipps (the designer and builder of the deck), contacted the building inspector at
Yarmouth Town Hall about the requirements for building permits. Mark had a phone
conversation with the, building inspector and was notified that given the deck was
freestanding and not going to be attached to the house, a permit wasn't required.
However, what we did not understand at that point is there was also a maximum square
footage threshold that if a deck exceeded, a permit was required. The deck we built was
over the 200 square foot threshold. This is significant because If we had filed for a.
building permit in the first place, it would have triggered the process for the Notice of
Intent with the Conservation Commission and we wouldn't be in this situation.
On July 9, 2023, upon arriving at nglewood, we received notifications from both the
Building Department and the Conservation Commission regarding the violation. We
promptly visited Town Hall the next day on July 10th and met with both the Building
Department and the Conservation Commission Administrator. Our intention was to rectify
the situation Immediately and we were scheduled for a Conservation Commission
Hearing on July 20, 2023.
Following the hearing in July, it took several months to secure the services of a structural
engineer (Michele Cudilo) as was required by the Building Department to review the
plans for the deck, provide stamped drawings and ensure the deck was compliant with
building permit requirements. At this time, we were also in discussions with the Building
Department about permit requirements and they recommended we prioritize meeting the
terms of the Conservation Commission first. Only then did we realize the structural
engineer we contracted couldn't also support completion of requirements for the Notice
of Intent. At that point, I contacted the Conservation Commission Administrator, Brittany
DiRienzo. I met with her on November 20th at Yarmouth Town Hall and she provided me
with a list of environmental engineers who could do the necessary work, and at that time
we pivoted to securing one. J.M. O'Reilly & Associates, Inc. then took on this project and
has worked to expedite the process of filing the Notice of Intent.
We provide all of this context not as an excuse, but simply to illustrate that we made
mistakes and encountered multiple misunderstandings as we navigated the system for
submitting the building permit and Notice of Intent and to illustrate the good faith efforts
we've been making this year to comply with the Enforcement Order. We are committed to
ensuring compliance with all regulations and are actively working towards resolving this
matter in cooperation with the Conservation Commission.
We appreciate your consideration and the work you do to protect the wetlands on Cape
Cod.
Sincerely,
Kelly Kane (homeowner) and Mark Philipps