HomeMy WebLinkAboutcorrespondence may 2024 DiRienzo, Brittany
From: Robert Ducharme<
Sent: Wednesday,May 22,2024 3:58 PM
To: DiRienzo,Brittany
Cc: Kelley,Finn;Laurie Ducharme
Subject: Re:Yarmouth
Attachments: Admin review 5.22.2024.pdf;Cape Cod Coop Trees and Shrubs for Coastal
Environments.pdf
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Thanks very much for this.
We'll be back in touching the fall with the proposed tree for approval and the plants will do nothing until
then other than remove the current tree and grind the stump.
Thanks for your help.
Robert E.Ducharme,Esq.
Ducharme Law,P.L.L.C.
On May 22,2024,at 12:17 PM,DiRienzo,Brittany<BDiRienzo@yarmouth.ma.us>wrote:
Please see the attached for the tree,it may be removed but replacement is required anywhere in
the backyard and that can be in the fall as well.
The plantings shown in blue on the plan are missing,and we can review replanting options during
your patio application,or we can arrange a site meeting if that easier when you are around.While
we don't expect 100%survival on planting projects it is alarming that so many plants were either
removed by the previous owner after completion of the project or died.We are aiming to see a
couple rows in front of the wall and plantings on the sloped areas beside the grade steps for
stabilization.
Thank you,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzoPyarmouth.ma.us
508-398-2231 x1288
From: Robert Ducharme <
Sent: Wednesday, May 22, 2024 11:50 AM
To: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us>
Cc: Kelley, Finn <fkelley@yarmouth.ma.us>; Laurie Ducharme <
Subject: Re: Yarmouth
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Hi
Thanks for visiting.
We have not taken a thing out, so that's a bit of a concern, but I can't tell from the plans
what is missing. And what would you like us to plant there?
I doubt I can get a landscaper this time of your to to anything before June 10, so it would be
in the fall.
Noted abouthte kayaks.
What about the tree? I don't want it falling on the house or limbs falling on people. (A
friend had one do that, so we're a bit sensitive to the concern.) Can I have that taken down
and the stump ground?
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
2
603.235.7006
www.newhampshirecondolaw.com
On May 22,2024,at 11:37 AM,DiRienzo,Brittany
<BDiRienzo@yarmouth.ma.us>wrote:
Hello Robert,
I visited the property today,and apart from the request it appears that several
plantings that were required to remain in place are not longer present.Please look
at the attached plan that was approved,and the project completed in august 2022
for an idea of the missing plantings located above the retaining wall and beside the
in-grade timber steps.These must be replanted to bring the property back into
compliance.Please let me know if you would like to substitute any of the plantings
listed and I can review your request.These should be planted prior to June 10,if
possible,otherwise the fall is better to avoid the summer heat.Also,please note
that kayaks may not be left in the water tied to the stairs,they must be stored in an
upland location off the vegetated bank when not in use.
For the proposed patio,a request for determination of applicability would be
required,and the filing forms can be found
herehttps://www.yarmouth.ma.us/B96/Filing-Forms-F es-and-Meeting-Schedule.
Thank you,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 x1288
From:Robert Ducharme<red@newhamashirecondolaw.com>
Sent:Tuesday,May 21,2024 3:32 PM
To:DiRienzo,Brittany<BDiRienzo@yarmouth.ma.us>
Subject:Re:Yarmouth
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Hi
3
No one is there May 22, 23 (tomorrow or Thursday), May 27-31; and June 1-21
(if any of these get taken, I'll let you know.)
Do you need me and/or the arborist there?
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
On May 21, 2024, at 1:03 PM, DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>wrote:
Hello,
Please let me know when you have tenants onsite so I can come for a quick inspection when they
are not there.
Thank you,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 x1288
From: Robert Ducharme<
Sent:Tuesday, May 21, 2024 10:30 AM
To: DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>
Subject: Re: Yarmouth
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Hi
Attached is the application.
Rather than write a report, the tree guy said if you have any questions, please just call him.
And if you need to meet on site to review the tree and/or the patio project, please let me
know.
4
We have tenants there off and on through May and June, so I would like to try and work
around them if possible.
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
On May 9, 2024, at 4:00 PM, DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>wrote:
Hello,
Both the proposed tree removal and patio require approval from conservation. Please use the
admin review form to request the tree removal. More information is needed on the size and location
of the proposed patio. I provided a site plan we have on file for your reference,you can use this to
provide the approximate location of the patio and size.
Thank you,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231x1288
From: Robert Ducharme<
Sent:Thursday, May 9, 2024 11:27 AM
To: DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>
Subject: Re: Yarmouth
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Hi
Sorry for my ignorance, but I need a little guidance.
5
We ware looking to put in a patio this fall, when the home is vacant. We had a two
contractors come by and they said the oak tree is not in good shape and needs to come
down.
We then confirmed that with two arborists.
The tree is not within 100 feet, about 33 yards, of the pond, and is much, much higher than
the pond. So, I'm not even sure we need conservation approval, but happy to get it if
necessary. If we do, we can work on that with you though the spring and summer.
But do I need conservation permission to take down the tree? And can the stump be
ground or do I need permission for that as well. (One contractor said if the stump is
ground, the roots die and erosion would take place, cut it's so high above the water, and is
so flat, so I'm ignorant on why there would be erosion.
If it would help to meet on site, happy to rearrange my schedule and set a date to meet.
Sorry for all the extra work, but we're new at this stuff.
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
On May 8, 2024, at 8:26 AM, DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>wrote:
Good morning,
https://www.yarmouth.ma.us/DocumentCenter/View/8210 This link should work!There is no need
to copy Tim since building won't be involved in a patio or tree removal.
Thanks,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 x1288
From: Robert Ducharme <
Sent:Tuesday, May 7, 2024 3:48 PM
6
To: DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>
Cc:Sears,Tim <tsears@yarmouth.ma.us>
Subject: Re: Yarmouth
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HI.
The link opens to the main town page with this notice.
We're sorry, but there is not a web page matching your entry.
You entered: https://www.yarmouth.ma.us/DocumentCenter/View/8210form
Return to the home page
If not too inconvenient, can you scan and email me form 8210?
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
On May 7, 2024, at 3:32 PM, DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>wrote:
Hello,
Can you please provide a sketch plan showing the location and size of the proposed patio? I would
be able to let you know the permitting requirements after I see a plan. Conservation would also
need to review any proposed tree removal within the 100 foot buffer even if it is damaged, and this
would also require replacement for the approved plant list. Please fill out the form linked
here https://www.yarmouth.ma.us/DocumentCenter/View/8210form to request review for the tree
removal, and please note its diameter. Please include the arborist report about the status of the
tree. If approved,the stump would likely need to remain.
Thank you,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
7
bdirienzo@yarmouth.ma.us
508-398-2231x1288
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 x1288
From: Robert Ducharme<
Sent:Tuesday, May 7, 2024 3:15 PM
To:Sears,Tim <tsears@yarmouth.ma.us>
Cc: DiRienzo, Brittany<BDiRienzo@yarmouth.ma.us>
Subject: Re: Yarmouth
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Ahh.
Thanks very much.
Brittany,
I'm getting two quotes from arborists to remove a split oak that is now failing. We were told
it might well fall on the house, so thought it best to have it removed.
It is right outside the sliders in the rear of the home at 44 Studley Road.
We were gong to get the stump ground and one of the contractors noted that might be a
problem with the Town and/or the fact we wish to put in patio because if the tump is
ground it would kill the roots and possibly create an erosion situation?
You can see the tree (leaning) in the link below. (The are old pictures before the interior
renovations, but you can see the tree outside, if that helps.)
https://www.zillow.com/homedetails/44-Studley-Rd-South-Yarmouth-MA-
02664/55933159_zpid/
The land where the tree leans is already used as a patio area, high above the water and flat,
so there's a table with chairs. We just wanted to grind the stump and dig down a few
inches, put some crushed stone for drainage there, sandstone on top and then some
flagstones. We can reinforce the patio sides if you wish. Let us know if you think we would
need approval from your Department to do so, and, if so, how we go about that.
Thanks very much for your time.
And thank yo Mr. Sears.
8
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
On May 7, 2024, at 3:07 PM, Sears, Tim <tsears@yarmouth.ma.us> wrote:
Robert,
The Building Department does not regulate patios, however the location near the water
could possibly involve the Conservation Commission. I have copied Brittany DiRienzo the
Conservation Administrator.
Regards,
Timothy Sears CBO
Deputy Building Commissioner
Town of Yarmouth
508-398-2231 Ext. 1259
mailto:tsearsCc�yarmouth.ma.us
From: Robert Ducharme <
Sent: Tuesday, May 7, 2024 2:17 PM
To: Clarke, Kristin <KClarke@yarmouth.ma.us>
Cc: Sears, Tim <tsears@yarmouth.ma.us>
Subject: Re: Yarmouth
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.
Thanks very much.
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
72 Portsmouth Avenue, Suite 101
9
On May 7, 2024, at 2:11 PM, Clarke, Kristin<KCIarkeyarmouth.ma.us>wrote:
Hi Robert,
I am going to forward your email to Tim Sears, Deputy Building Commissioner for a response to
your question.
Thank you,
°I-Gt tin,CLaV e
Office Assistant
Building Department
508-398-2231 x1261
From: Robert Ducharme<
Sent:Tuesday, May 7, 2024 2:06 PM
To: Clarke, Kristin<KClarke@yarmouth.ma.us>; Cipro, Linda<Lcipro@yarmouth.ma.us>
Subject: Fwd: Yarmouth
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Hi Ms. Clarke and Ms. Cipro.
I sent the email below first to Mr. Inkley,who is out and then to Ms. Fallon, who is out, but
who left a note that any requests should be directed to you two.
Please forward it to whoever is covering for Mr. Inkley in his absence.
Thanks very much.
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
i0
Begin forwarded message:
From: Robert Ducharme<
Subject:Fwd:Yarmouth
Date:May 7,2024 at 1:56:42 PM EDT
To:rFallonayarmouth.ma.us
Hi Ms.Fallon.
I sent the email below to Mr.Inkley,but received an auto message that he is gone for a
week. Can you forward it to whoever is covering for him?
Thanks and please let me know if you have any questions.
Robert E.Ducharme,Esq.
Ducharme Law,P.L.L.C.
Begin forwarded message:
From:Robert Ducharme<
Subject:Yarmouth
Date:May 7,2024 at 1:50:48 PM EDT
To:binkleyayarmouth.ma.us
Hi.
"Im not sure I'm writing to the correct person and,if not,my apologies.
I own a property at 44 Studley Road Ian So.Yarmouth. Last year we renovated it,got the
permits,got the approvals,etc.
This year we were hoping to put in a patio,about 10'x 18 right outside the sliding doors that
lead to the garage. The problem is there is a large oak tree,that is split,and half dead and
wold likely fall and Ilkley some of it on the house in the next years.. We had a tree service
come out and they gave us a quote and then they said we would need permission from the
Town to put in the patio because,though it is high above the water line and on a flat
surface,or erosion concerns,and that would require an attorney(who he happened to
it
know and wanted to collect money for). We already have tables and chairs out there, and
just want to dig down about 8", put in crushed gravel; put in sandstone, and then put blue
stone pavers there. We hope.
Not sure how much of this is accurate, but I wanted to reach out and see how accurate it is
and why the Town needs of me. Please let me know your thoughts when you have the
chance.
Robert E. Ducharme, Esq.
Ducharme Law, P.L.L.C.
12