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Home My WebLink AboutComplaint 12/16/24 ,fig Y44 TOWN OF.YARMOUTH 0� ,� 0, Office of the Building Commissioner,' 1146 Route 28, South Yarmouth, MA 02664 �' 508-398-2231 ext. 1260 Fax 508-398-0836 c ww�rwcHux \k'.4. PORAT En Nb�, COMPLAINT FORM Date: JZ -/, -ZV Type of Complaint: Building ✓ Zoning_ General ✓ This is a formal request for enforcement of an alleged violation. The following are facts in the case: Property Address of Alleged Violation: —'jo e i'd.s- „fr. Property Owners Name (s): T 1- 1t)ia Ltat 6 t, Property Owners Mailing Address: - 1/6 - # l C- lk Description of Complaint: 1_t. 4.--kfrot -tA t ttz d it it.4 /Z. /0 , 2..y Date(s)of Alleged Violation (s): h7 n &Ali "- /oL-I J7 oZ 41 Name(s)of Person (s): 4-7 iLl, "rvn-'L 4.tAL RICEIVFED DEC 16 2024 I BUILDING DE:PAR TMr NT By.- ------ a ,ag Y•� �r TOWN OF YARMOUTH Office of the Building Commissioner o _ z : �;y; 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1260 Fax 508-398-0836 /h\�RPORAT60. • Complaint Form Instructions Please be aware, when you till out a Request for Enforcement you are filing a formal written complaint • Read the Request for Enforcement form carefully and fill out the Request for Enforcement form completely Multiple complaints pertaining to different addresses require a form for each complaint • Multiple complaints pertaining to the same address can use one complaint form • Sign and forward the original Request for Enforcement form to the Building Department (copies are not accepted) Please Note: • Request for Enforcement forms that are incomplete will be treated as anonymous complaints and will be investigated at the Building Commissioner's discretion ' Complaints that are phoned in to the Building Department will be treated as anonymous complaints and will be investigated at the Building Commissioner's discretion The following information is required. Failure to provide your name, address, and telephone number will result in the Inspector of Buildings/ Zoning Enforcement Officer to process the complaint at his/her discretion. (PLEASE PRINT) Complainant Name: /1CL�. t'a_ it/ GL/1 et-t 0 Address of Complainant: er / ,�(.� 4-4 Afire, r fr Telephone Number: f --y--so f 2 Email Address: 64jL44 4 met 2"/ C C'ot.4/ .0 Preferred Method of Contact(check one): Telephone: • Email: ✓ I am basing my allegations on the above facts. I understand that as the complainant, in the event the Building Commissioner is personally unable to bring the matter in to compliance, I may be required to attend legal proceedings to enforce the regulation referenced above in a court of law. Pursuant to the above allegations I am requesting an investigation and enforcement if applicable. Signature of Complainant: ell I Prefer to Remain Anonymous: [ ] (check box) The following information is required. Failure to provide your name, address, and telephone number will result in the Inspector of Buildings/ Zoning Enforcement Officer to process the complaint at his/her discretion. (PLEASE PRINT) Complainant Name: /1a,L t . /i/ a4 4-4 J Address of Complainant: er 1 Pt--4,i fi41 r fr _ Telephone Number: 7 -- / -S'n f 2- Email Address: 64rj 4, ✓Gr co's-n 'iti0 7-"ee— Preferred Method of Contact (check one): Telephone: • Email: I am basing my allegations on the above facts. I understand that as the complainant, in the event the Building Commissioner is personally unable to bring the matter in to compliance, I may be required to attend legal proceedings to enforce the regulation referenced above in a court of law. Pursuant to the above allegations I am requesting an investigation and enforcement if applicable. Signature of Complainant: ei, 4'1—) I Prefer to Remain Anonymous: [ ] (check box) December 16, 2024 Town ofYarmouth m DEC 16 2024 1 Mark Grylls, Director of Inspectional Services/Building Commissioner Town of Yarmouth BUILDING DEPARTMENT BY -- — —1146 Rt. 28 South Yarmouth, MA 02664 Re: Expectation that Dangerous, Illegal, non-conforming Telephone Pole for Osprey Nesting Is Not Allowed to be Reinstalled by Homeowner Dear Mr. II I am wri 'ng to express my strong opposition to any attempt by A.I and Tina Luke at 40 Crosby Street to reinstall the telephone pole along with electricity and surveillance devices. The pole, being used as an osprey nesting platform, has recently broken at the base and fallen. The electrical conduits remain on the ground. The circumstances of its original installation and modifications, subsequent collapse, and the risks associated with its location near the water and my property make the potential for reinstallation deeply concerning. Please refer to the attached photographs, Attachment A, and allow me to outline several critical points: Immediate and Severe Safety Risks: The collapse of the pole due to apparent wind and erosion highlights the clear and present and must not be reinstalled. The fall zone of a heavy telephone pole places people, animals, and property at great risk. The pole appears to have recently cracked at the bottom and fallen on the Luke's property; however, it could have also fallen on my property, or a pet, or a person. While we were fortunate that no one was injured or killed when the pole fell, the next incident could have far graver consequences that could place the Town under significant scrutiny and liability. Improper Installation Without Permit: The original installation of the pole was done without any permit, bypassing regulatory oversight to ensure safety and environmental protection. This procedural violation likely contributed to its failure. Allowing reinstallation under these circumstances would signal a disregard for established protocols and continue a disregard for unsafe construction practices in our community. This pole was located dangerously close to my property line. Proximity to Water and Regulatory Violations: The pole's location near the Bass River falls or should fall under environmental protections that prohibit construction in such areas without explicit approval. It's a creosote covered pole; calling it by a "nest"to bypass environmental protections is irrelevant here. These restrictions exist to protect water quality and safeguard water habitats. Reinstalling the pole would violate these regulations and exacerbate existing environmental vulnerabilities, as evidenced by the erosion that contributed to the pole's collapse. If you cannot install a piling that has been treated with chemicals for a pier,then it should be the same for any other structure in the wetland zone. Erosion and Long-Term Stability: The erosion that caused the pole to fall is an ongoing issue in this area, particularly given its proximity to the water. Without a thorough geotechnical assessment and substantial mitigation efforts, the site remains unsuitable for a heavy structure. Reinstallation would not only be irresponsible but also reckless, as the risks of collapse would persist, putting lives at stake. Legal and Liability Concerns: The Town now has full knowledge of the dangers associated with this pole and its reinstallation. If the pole is reinstalled and a collapse occurs, resulting in injury, death; or property damage,the Town could be held liable for negligence. Beyond physical damages, affected parties could also sue for stress and hardship caused by preventable hazards. This exposure to legal and financial risk is entirely avoidable by denying the reinstallation request and pursuing safer alternatives. Calling it a civil matter no longer is a deflection for the Town. Alternative Solutions for Osprey Habitat: While osprey conservation is important,there are safer, professionally designed platforms available that can be installed in more suitable locations such as the marshes which the Town of Dennis has chosen. These platforms are specifically engineered to withstand environmental stressors and can be placed in areas that comply with safety and environmental regulations and respect residential neighborhoods and a neighbor's privilege of"quiet enjoyment". Protecting wildlife does not have to come at the expense of human safety and legal responsibility. Strong Opposition on Principle: As a concerned resident, I am unequivocally opposed to the reinstallation of this pole. I've expressed my concerns to both the Health Department and Conservation Commission in the past, only to have my concerns about safety and noise dismissed. The collapse of the pole presents clear and present safety issue; it's about the pole's proximity to the water, to my home, and the danger to property, pets and people in or near the pole's drop zone. The Town has a responsibility to prioritize the safety of its residents and adherence to regulations and preventing dangerous conditions. Ignoring these issues would be both unethical and irresponsible, creating preventable dangers for our community. In light of these concerns, I urge you to deny permission for and/or prevent the reinstallation of this pole. By doing so,the Town can prevent future harm, uphold its legal and ethical responsibilities, and avoid unnecessary liability. There are safer and more responsible alternative solutions for osprey nesting that actually meet recommendations from actual wildlife experts. Thank you for your attention to this critical issue. I am available to discuss further or provide additional information as needed. Sincerely, Maria Marasco 94 Pleasant Street, South Yarmouth, MA 0266 cc. Ms. Brittany DiRienzo, Conservation Commission Attachment: Attachment A 644--/A- e Z/ Cit.) ( �YK e•GQ�z. 7.Lk/�' Attachment A Photographs taken by Maria Marasco on Dec. 15 and 16, 2024 ri �rr '�`,,,, + 14,11:1 ‘ryol te Pa. ,L. 31' /':'? : . : irk\11 „7Z,e,,,ii.: ,4apig k ..'•••• ' ,' - +4.,) , . .. *)--• ,,,,„,sri,,. ,,,.„,,,,.,�� 4i eI. ? ,, lily /// , A 1 iF A tig .-; •-.';'4,;g%;',Ls''',, \ „ .v.,,-.,.. ,..,_ ''' 1..°' j„ ' ,'" a , , , ,,,„ .:„.,4.:::..... _. ;. ,,,,,., ,,,,,,, ,...,,:: „IA , ;Ak,,,,4t2- 40 yo7v-•L w.''', :*:*':'--.__.-4116/4....,.... '''',.-' ''':.',::•.'ci..:4:71ftillgiiiNtl'i r {‘t . �: .. . -- ,, S ,y'fi do.' .• '4 `` f' i 4 . .. W €a ,,,, , , s_rip....70, ,..,,: ':::,.., sl + It y -R f_ s 4 - -4 ,X`�ter.... "-.'�'a -S --- .. " a }y f • , vii ��