HomeMy WebLinkAboutOwner Opposition Letter 59Robert and Carol Ayotte
Ayacht, LLC
352 Harbour Drive
Naples, FL 34103
2/18/2025
Attn: Yarmouth Conservation Commission
In regards to Rosangela Caloiero – NOI 2/5/2025 please note the following as the property owners
of the parcel in which work is being requested.
We have been in strong opposition to the previous dock improperly permitted under numerous lies
and inaccuracies. The previous dock applicant claimed to be the property owner and put the wrong
address so Ayotte, the real property owner at the time, would not properly be notifled as an property
owner or abutter. We continue to contest that amnesty permit and have flled with the Yarmouth
Conservation Commission our opposition that was sent to DEP Waterways on October 13th, 1995.
That previous amnesty and interim permit none the less expired on November 8th, 2024, 30 Years
after issuance and under that program any dock with interim approval must go through full permit
process and is a new construction upon that expiration. This NOI is for repair and modiflcation of
an existing dock facility on page 16 D which is not valid, and this must be changed to new
construction as if the original never existed. As the existing permit expired and the transfer of
ownership in one year invalidates the original interim permit. The NOI should be rejected on this
fact.
Also, there is an existing enforcement order against the applicant for reconstruction of the existing
facility. We would like that enforcement order to be enforced and the structure removed
immediately as it poses a grave and dangerous liability for our property which we will likely be sued
for any injuries. We believe that flnes should be levied, and they should be instructed to remove the
structure immediately.
The NOI should be postponed until all right of way holders are properly notifled. Only a select
number of abutters received notiflcation even though the right of way holders hold that right in the
100ft abutter notiflcation zone and DEP Waterways has required that notiflcation already of all 12
right of way holders. All 12 properties on Oyster Cove Rd hold an equal right of way and must be
properly notifled of this NOI as abutters. Their rights are being usurped by one property owner and
hold a right of way which means they are required as any other property owner of the work
proposed in their right of way. The dock will also block and infringed upon their access and use of
their right of way.
NOI must be denied as it does not conform to any of the current regulations below and allowing for
a variance will open that up to all future dock applications. The wavier of 5-6 regulations on this
dock will create strong precedence for many others. In consideration of that fact, we strongly
encourage the commission to deny the NOI.
#11 MLW depth at the pier will be below the 3ft requirement
#12 (a) it will be 48’ to our fioats and even closer to our pier. The new position of the dock further
encroaches over the neighbor’s property.
#12 (d) it is right on the property line of adjacent property and within the 25’ limit requirement and
because they have only 10’ it also encroaches on the next property who are within the 25’ and have
a pier. Also, only 1 dock is allowed per property and this would have a 2nd dock on our property.
#21-22 DOES NOT apply to them as they did not have an existing order of conditions, and the
previous permit expired. The previous permit expired and thus this is an unpermitted structure. The
initial structure as we have shown was obtained with a lie about it existing before 1984 and being
ineligible for the amnesty program which was issued under. Because it was obtained under false
pretenses the legality of that structure is in question. We sent photographic evidence to the board
on 2/1/2024 that there was not Bates dock in 1984 and it therefore not eligible for the amnesty
interim permit program at the time. If it had gone through all the proper channels in town such as
the Conservation Commission, we are confldent that we would have been notifled, and it would not
have been built.
#24 (d) Does not show moorings which may be in the 200ft buffer. Aerial photos are leaving that
out.
3.02 Dredging is not permitted as this is a new structure and the old one has been removed and not
available for renewal.
Thank you for taking these facts into consideration on this matter.
Robert and Carol Ayotte
Ayacht, LLC