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HomeMy WebLinkAboutRe 59 Oyster Cove Road 1.28.25 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 is safe. Call the sender to verify if unsure. Otherwise delete this email. Brittany: Thank you for your email of yesterday afternoon. Yes. We plan on filing by February 6, 2025, so we can appear at the February 20, 2025, hearing. We are currently ready to file. Indeed, we had intended to file so that we could appear at the February 6 hearing, but we did not because of being informed that the NOI would not be accepted. When you hear back from Town Counsel, please let us know. If Town Counsel agrees with what is stated in my letter, we will promptly file our NOI. 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 4:07 PM To: Brian Wall <bjw@troywallassociates.com> Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com> Subject: RE: 59 Oyster Cove Road Received, I will consult with town counsel and get back to you. Do you intend on filing this by Feb 6th for the Feb 20th hearing? Thank you, 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 3:47 PM To: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us> Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com> Subject: Re: 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: 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 <mailto:bjw@troywallassociates.com> ________________________________ From: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us <mailto:BDiRienzo@yarmouth.ma.us> > Sent: Monday, January 27, 2025 3:35 PM To: Brian Wall <bjw@troywallassociates.com <mailto:bjw@troywallassociates.com> > Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com <mailto: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 <mailto:bdirienzo@yarmouth.ma.us> 508-398-2231 x1288 Conservation Website <https://www.yarmouth.ma.us/325/Conservation> From: Brian Wall <bjw@troywallassociates.com <mailto:bjw@troywallassociates.com> > Sent: Monday, January 27, 2025 2:45 PM To: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us <mailto:BDiRienzo@yarmouth.ma.us> > Cc: Bobperry capecodengineering.com <bobperry@capecodengineering.com <mailto: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> ons. Please check our website to see more about us like our projects for the Red Sox for entire stadium WiFi. 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. 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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. 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.