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Home My WebLink AboutRE 083-2463 - 59 Oyster Cove Road Yarmouth town response 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. Ms. Stamatis, My office serves as Town Counsel to the Town of Yarmouth. Your email below was forwarded to me as I have been working with the Conservation Commission on this matter. You are correct that the Commission has not issued an Order of Conditions (under the local bylaw or Act). For the reasons detailed below, we believe the SOC request is premature as the Commission is still within its public hearing. We therefore respectfully request that you reject the SOC filing so that the Commission can proceed. If you request or require anything from us, e.g. a formal request on letterhead and/or motion, please let us know. The NOI was submitted on February 5th and scheduled for the Commission’s February 20th meeting for the opening of the public hearing. On February 20th, the Conservation Administrator, Brittany DiRienzo, contacted Attorney Brian Wall, the applicant’s counsel, at 12:14pm to inform him of an anticipated lack of quorum, and to request his consent to continue the opening of the hearing to March 6th. Ms. DiRienzo informed me that Attorney Wall acknowledged this and stated that the new hearing date worked better for his schedule since he was overbooked on the 20th. In fact, he requested to be first on the agenda on March 6. The Conservation Administrator agreed to Attorney Wall’s request to be the first matter at the next meeting. The Conservation Administrator sent Attorney Wall a confirmatory email immediately, see attached, and a 21-day waiver form was sent to Attorney Wall the next day. At the February 20th meeting, the matter was tabled to March 6 for lack of quorum as had been agreed to with Attorney Wall. See attached minutes of the Commission’s February 20th meeting. At the March 6th meeting, Commissioner Hoopes read the hearing notice into the record, but no representative was present for the agenda item at 5pm. The Chair put the item on hold to wait for a representative to appear. Later in the meeting, the Chair requested a 3-minute recess to review an email received at 4:55 p.m. by the Conservation Administrator, which was a copy of request for an SOC that was purportedly filed by Attorney Wall with MassDEP earlier that same day. The matter was then tabled again to March 20th. As I understand the regulations, 310 CMR 10.05(5) states, in relevant part, that: (a) A public hearing shall be held by the conservation commission within 21 days of receipt of the minimum submittal requirements… (b) Public hearings may be continued as follows: … 2. with the consent of the applicant, to an agreed-upon date, which shall be announced at the hearing… We believe that the Commission complied 310 CMR 10.05(5) and continued the matter to March 6th with Attorney Wall’s full knowledge and consent. We were, therefore, surprised to see that no one appeared that night on behalf of the applicant and shocked to learn that a request for an SOC had been filed. I was able to speak to Attorney Wall today to discuss this matter and, based on that conversation, I understand, he has a different perspective on his call with Ms. DiRienzo. I will leave it to Attorney Wall to address that if he wishes to. Please advise how you wish to proceed. Brian J. Winner Mead, Talerman & Costa, LLC 730 Main Street, Suite 1F, Millis, MA 02054 Phone (978) 572-2192 brian@mtclawyers.com <mailto:brian@mtclawyers.com> · www.mtclawyers.com <http://www.mtclawyers.com/> The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any unauthorized use, dissemination, distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful. If you have received the above transmittal in error, please delete the message and any attachment(s) hereto from your e-mail system and notify us immediately. Please consider the environment before printing this email. P From: Stamatis, Lauren (DEP) <Lauren.Stamatis@mass.gov <mailto:Lauren.Stamatis@mass.gov> > Sent: Wednesday, March 12, 2025 4:11 PM To: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us <mailto:BDiRienzo@yarmouth.ma.us> > Cc: Reda, Maissoun (DEP) <maissoun.reda@mass.gov <mailto:maissoun.reda@mass.gov> > Subject: 083-2463 - 59 Oyster Cove Road, 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. Hi Brittany, I'm in receipt of a request for a Superseding Order of Conditions for the above referenced project. To date, I don't have record of receiving an Order of Conditions from the Commission. Has an Order been issued or is it still pending? Warm Regards, Lauren Stamatis Program Coordinator II MassDEP Wetlands Program Southeast Regional Office 20 Riverside Drive Lakeville, Massachusetts 02347 857-278-1345 Lauren.Stamatis@mass.gov <mailto:Lauren.Stamatis@mass.gov> eek via registered mail. We would like to know why and if we need to take any additional action as the land owners of the property to block this application. We will not be signing our name to their application if they submit one as the land owners to approve this. Below is what we received and it appears to be mostly the same as previously. We did notice that the Notification date our receipt of it were over a month in difference thus eliminating our ability to again comment. Thank you for your review. 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Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. 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