HomeMy WebLinkAboutRe 59 Oyster Cove Road 1.27.25 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
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Hi Brittany:
We thought that the Commission might have questions about this at the public hearing. So, in anticipation of questions, I prepared a letter addressing the Applicant's eligibility to
file which intend to submit with the NOI. A copy of the letter is attached.
In a nutshell, the Applicant holds easement rights to use the beach and access the water. The easement rights are in the Applicant's deed of record. There is also a Chapter 91 License
in her title for the preexisting pier.
The DEP Regulations state that an NOI must be signed by the landowner, or someone who has permission of the landowner. At 310 CMR 10.04 (Definitions), the term "landowner" is defined,
and it includes the owner of record the land and an owner of an interest in the land. The Sloan case (DEP Docket No. 2006-96) holds that the owner of an easement is a landowner and
entitled to file an NOI.
Based on this, and as further explained and demonstrated in my letter, we respectfully assert that the NOI should be accepted for filing.
I would be pleased to discuss this with you further if you have any questions. Please let me know your thoughts after you have reviewed my letter.
Thank you.
Brian
Brian J. Wall, Esq.
Troy Wall Associates
90 Route 6A
Sandwich, MA 02563
(508) 888-5700
bjw@troywallassociates.com
________________________________
From: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us>
Sent: Monday, January 27, 2025 3:35 PM
To: Brian Wall <bjw@troywallassociates.com>
Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com>
Subject: RE: 59 Oyster Cove Road
Hi Brian,
It is my understanding that this conservation office (and DEP) can only accept applications that contain the signature of the property owner of record, which in this case is not Ms.
Caloiero. If you can provide additional information with proof of her property ownership or similar rights to submit the NOI, I would be happy to review them with town counsel and get
back to you. I will be in through Wednesday this week and then am out of the office through February 11.
Regards,
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
bdirienzo@yarmouth.ma.us
508-398-2231 x1288
Conservation Website <https://www.yarmouth.ma.us/325/Conservation>
From: Brian Wall <bjw@troywallassociates.com>
Sent: Monday, January 27, 2025 2:45 PM
To: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us>
Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com>
Subject: 59 Oyster Cove Road
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 am writing about 59 Oyster Cove Road. I am working with Bob Perry of Cape Cod Engineering on behalf of the property owner, Rosangela Caloiero. It is my understanding that you have
concerns with the proposed Notice of Intent — in particular, concerns with whether Mrs. Caloiero has standing to file.
I would like to discuss this matter with you. May I come to your office and meet with you? Or, alternatively, can I arrange to have a telephone call with you when you are in your office?
Thank you for your consideration.
Brian
Brian J. Wall, Esq.
Troy Wall Associates
90 Route 6A
Sandwich, MA 02563
(508) 888-5700
bjw@troywallassociates.com <mailto:bjw@troywallassociates.com>