HomeMy WebLinkAboutatty. Wall to Conservation re second enforcment order 04.17.2025T TROY WALL ASSOCIATES
W ATTORNEYS AND COUNSELLORS AT LAW
90 ROUTE 6A, SANDWICH, MASSACHUSETTS 02563
TELEPHONE: (508) 888-5700
ROBERT S. TROY
rst@troywallassociates.com
BRIAN J. WALL
bjwatroywallassociates. com
CLODAGH L. TROY
April 17, 2025 clt®troywallassociates.com
VIA EMAIL: BDiRienzo@yarmouth.nia.us
AND FIRST CLASS U.S. MAIL
Brittany DiRienzo, Conservation Administrator
Conservation Commission
1146 Route 28
South Yarmouth, MA 02664
RE: Rosangela Caloiero
59 Oyster Cove Road
South Yarmouth, MA
Dear Conservation Administrator DiRienzo:
It has come to our attention that the Commission has on its agenda for tonight's
hearing an enforcement matter regarding 59 Oyster Cove Road. Specifically, Item No. 9
on the agenda, which was posted on April 15, 2025, states that the Commission intends to
consider an alleged failure to comply with an enforcement order issued in January 2024.
On behalf of the Applicant, Rosangela Caloiero ("Caloiero"), I respectfully submit
this correspondence to object to the matter being considered this evening. This objection
is based on both substantive and procedural grounds.
Substantive obiection. The enforcement order that was issued in January 2024 was
timely appealed by Caloiero and the appeal is currently pending: Rosangela Caloiero V.
Town of Yarmouth Conservation Commission, Barnstable Superior Court Docket No.
2472CV00067. Since the enforcement order is under appeal, the enforcement order is not
final and, therefore, there is no "failure to comply" with the order. Caloiero objects to the
Commission taking any action on the enforcement order until the appeal is resolved.
April 17, 2025
Page 2
Procedural objection. The Commission gave no notice to Caloiero, or to me, that
the matter would be on the agenda this evening. This is unjustified and unwarranted
because the Commission is aware that I represent Caloiero with respect to the enforcement
order, as well as with regard to a Notice of Intent proposing construction of a new dock.
The Commission could have, and should have, notified me of the intent to hold a hearing.
The matter came to my attention yesterday. This is insufficient notice for me to prepare
and to appear at the hearing.
Furthermore, I have a scheduling conflict. Today is Holy Thursday and I have plans
to attend Mass with my family this evening at 6:00 p.m.
Based on these substantive and procedural grounds, Caloiero respectfully objects to
the Commission holding a hearing this evening.
Thank you for your attention to this matter.
Respectfully submitted,
Brian J. Wall
Cc: Rosangela Caloiero
Robert Perry, P.E.
Brian Winner, Esq.