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HomeMy WebLinkAboutSummonsSammons CIVIL DOCKEr NO. Trial Court of MawachuWft 2572 CV 00208 The Superior Court is CASE NAM Rosangela Caloiero, M Yarmouth'Conservation Commission, THIS SUMMONS IS DIRECTED TO ems) Susan L. Moran CG9*OfCots Bamstable �r BARNSTABLE SUPERIOR COURT 3195 MAIN STREET BARNSTABLE, MASSACHUSETTS 02630 Yarmouth Conservation Commissindarifs name) You are being sued. The RairrtAs) named abm has started ;ft tawsult against you. A copy of the Plah*Ts Complaint flied against you is attached to this Summons and the original Complaint has been tiled in the Barnstable Superior Court. YOU MWT ACT PROMIF LY TO PROTECT YOUR RIGHTS. RUE GOPY ATTEST I- You must respw O to this Kurt in writing *Min 20 days. PI�Tr Sii IFF If you do net respond, he Gowt may deride the case against you and award tt PlaNIT ever YthfiV asked for In the CUM You will also lose the opportunity to tell your side of the story. You must respond to this I;arvsrrit in writing even If you expect to resolve this matter with the Piarnt, if you need "lore tills to fond, you may request are extension of time In voting from the, Court: 2. How to iRespand, To respond to this lawsuuit, you must file a written ramponse with firs Court and mail a'coW to tire Pbjr frff's atthmey (or the Plain , if uwWresented). You can do this by: Barnstable Superior a) Filing your signed origlnel response with the Cleric`s Oise for Civil Business, court 3195 Main Street, P.O. Box 425, (address), by mail, In peraw, or eieclron!Wly through �r��rti4.raorrr if the Complaint was wed though that portal. MD 6) [diving or mailing a copy of your response to the PlainWs attorneyiPiahM at the following addrass: Brian J. Wall, Esq., Troy Wall Assoc., 90 Route 6A, Sandwich, MA 02563 3. What to include to Your Respxwe. ,fin'Answer" Is one type of response to a Compa➢nt. Your Answer must state whalhsr you agree or disagree with the faegs) alleged In each paragraph of the Com*int Sores defenses, calf affirmative detenaes, must be stated In your Answer' or you may lose your right to use them in C.orirt. If you have any claim against the Plaintiff (referred to as wcounterdairrrs") are based on the same fads or transaction descrftd in the Complaint, ftn you must include those daims In your Answer. Otherwise, yoo may lose your right tc3 sue the Plaintiff about anything related to this lawsuit. If you want to have your case heard by a jury, you must specifically request a jury trial In your Court no rnore than 10 days after sending your Answer. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. SUPERIOR COURT NO. ROSANGELA CALOIERO, ) Plaintiff } } V. } COMPLAINT YARMOUTH CONSERVATION ) COMMISSION, ) Defendant ) INTRODUCTION I. This is an appeal in the nature of certiorari, pursuant to G.L. c. 249, § 4, of an Order of Conditions issued by the Yarmouth Conservation Commission under the Yarmouth Wetlands Protection Bylaw purporting to deny an application for a wetland permit to reconstruct a preexisting dock. Plaintiff also seeks declaratory relief pursuant to G.L. c. 231A, § 1. In addition, this is an appeal in the nature of certiorari, pursuant to G.L. c. 249, § 4, and under the Administrative Procedure Act, pursuant to G.L. c. 30A, § 14, of an Enforcement Order issued by the Conservation Commission under the Massachusetts Wetlands Protection Act and its Regulations and the Yarmouth Wetland Protection Bylaw. PARTIES 1. The Plaintiff, Rosangela Caloiero ("Caloiero"), is the record owner of 29 Oyster Cove Road, Yarmouth, Massachusetts, and has a mailing address of 20 Perry Street, Watertown, MA 02472-1049. 2. The Defendant, Yarmouth Conservation Commission ("Commission"), is the Conservation Commission of the Town of Yarmouth and administers the Massachusetts Wetlands Protection Act ("Act'), the Massachusetts Wetlands Protection Regulations, the Yarmouth Wetland Protection Bylaw ("Bylaw"), and the Yarmouth Wetland Protection Regulations ("YWPR"), and has an address of 1146 Route 28, South Yarmouth, Massachusetts 02664. FACTUAL ALLEGATIONS 3. Oyster Cove Road is a residential street that runs in an east -west direction and terminates, at its easterly end, at the shore of the Bass River. 4. On November 18, 2022, Caloiero purchased a property on Oyster Cove Road situated approximately six lots inland from the Bass River. 5. Caloiero' s deed, which is recorded at the Barnstable Registry of Deeds at Book 35526, Page 266, includes "a right of way over Oyster Cove Road" and "the right to use the beach area" located on the shore of Bass River at the easterly end of Oyster Cove Road. See, Exhibit A. 6. The beach area is on a lot presently owned by Ayacht, LLC, a Florida limited liability company with a usual place of business and mailing address of 352 Harbor Drive, Naples, FL 34103. Said ownership, pursuant to a deed recorded with the Barnstable Registry of Deeds at Book 34889 and Page 228, is "[s]ubject to the rights of all persons lawfully entitled to use the Beach Area and Oyster Cove Road." See, Exhibit B. 7. On or about November 7, 1994, a predecessor in interest of Caloiero's property, Richard Bates, obtained Interim Approval from the Massachusetts Department 2 of Environmental Protection ("DEP") to maintain a dock, including stairs, a pier, a ramp, and pile -held floats, on the Beach Area and extending into the waters of the Bass River. See, Exhibit C. 8. During his ownership of the property, Bates maintained the dock on the Beach Area. 9. When Caloiero purchased the property, she acquired the benefit of the Interim Approval and ownership of the dock. 10. Mier Caloiero became the owner of the dock, it was damaged in a storm. 11. Thereafter, Caloiero made repairs to the dock. 12. The Commission became aware of the repair activity. 13. On or about January 5, 2024, the Commission drafted an Enforcement Order. 14. A public hearing on the matter was held on February 1, 2024. 15. During the hearing on February 1, 2024, the Commission purportedly determined that the repair activity violated the Act, its Regulations, and the Bylaw, and ratified the Enforcement Order. 16. The Commission determined that the repair activity was being conducted in an area subject to protection under G.L. c. 131, § 40 and the Yarmouth Wetland Protection Bylaw without the Commission's permission (i.e., an Order of Conditions or Negative Determination). 17. On or about February 1, 2024, the Commission issued the Enforcement Order to Caloiero. A copy of this Enforcement Order is attached as Exhibit D. 18. The Enforcement Order imposes certain requirements, including, but not limited to: (a) Correcting resource area alterations resulting from said activity and returning the resource areas to their original condition; (b) Completing a Notice of Intent and filing with the Issuing Authority on or before March 7, 2024; and (c) Removing all newly built structures by February 22, 2023.1 19. In addition, a Notice of Violation of Town Bylaw or Regulation was issued to Caloiero. The Notice identified the violation as an "unpermitted dock installation" and imposed a $300 fine. 20. Caloiero was aggrieved by the Enforcement Order and Notice and, on or about February 20, 2024, appealed by filing an action with the Barnstable Superior Court entitled Caloiero v. Yarmouth Conservation Commission Docket No. 2472CV00067. 21. The appeal is currently pending. 22. Caloiero determined that the best way to address the damage to the dock is to remove the remaining portion of the damaged dock and construct a new dock in its place. This will also simultaneously address the Commission's Enforcement Order. 23. Caloiero retained the services of a local engineer to design a new dock and obtain permits for a new dock. 24. On February 5, 2025, Caloiero filed a Notice of Intent ("NOI") with the Commission proposing to remove the damaged dock and construct a new dock in its place. I Given the date of the Enforcement order, January 5, 2024, it is reasonable to assume that the correct date for the removal of newly built structures is February 22, 2024. 4 2025. 25. The Commission scheduled the NOI for a public hearing on February 20, 26. On February 20, 2025, the Conservation Agent notified Caloiero that the Commission would not have a quorum and, as a result, the public hearing "will be automatically continued to the next available hearing date which is March 6, 2025." See, Exhibit E. 27. Coleiro did not consent to continuing the hearing. 28. The following day, on February 21, 2025, the Conservation Agent sent an email to Caloiero's legal representative asking if Caloiero would be willing to sign a "21- day waiver" due to the quorum issue. See, Exhibit E. The email had attached a 21-day waiver form. See, Exhibit E. 29. Caloiero did not sign the 21-day waiver form. 30. Pursuant to the holding in Oyster Creek Preservation Inc. v. Conservation Commission v. Harwich, 449 Mass. 859 (2007), if the Commission fails to hold a public hearing within twenty-one days of the date that an NOI is filed, then the applicant may seek relief with the DEP and any subsequently issued superseding order of conditions is the sole permit governing the project. 31. On March 5, 2025, Caloiero exercised her right under Oyster Creek and filed a Request for Superseding Review with the DEP. See, Exhibit F. 32. Notwithstanding, the Commission purported to hold a public hearing on Caloiero's NOI on March 6, 2025. 5 33. The Commission thereafter purported to continue the hearing on Caloiero's NOI for a further public hearing on March 20, 2025. 34. Caloiero did not consent to the Commission's purported action. 35. Caloiero did not sign a 21-day waiver form regarding the Commission's purported continuance of a hearing on her NOI to March 20, 2025. 36. On March 20, 2025, the Commission purported to hold a public hearing on Caloiero's NOI and purported to close the public hearing and to vote to deny the proposed project under the Town's Wetland Protection Bylaw. 37. On April 7, 2025, the Commission purported to issue a denial Order of Conditions under the Yarmouth Wetlands Protection Bylaw. See, Exhibit G. 38. Thereafter, on April 17, 2025, the Commission purported to issue an Enforcement Order alleging that "[o]ngoing unpermitted activity within a resource area: Dock in land under the ocean, land containing shellfish, coastal beach, salt marsh, and coastal bank" See, Exhibit H. 39. The Enforcement Order included the following: ,�bllowing new NOI on 2.5.2025, resulting in an OOC dated 4.7.2025 under the bylaw denying permission to keep/rebuild the dock, removal of the entire dock structure is required by June 15, 2025, Attendance is required April 17, 2025 Conservation Commission meeting at 5pm in the Town Hall Hearing Room at 11246 Route 28 Yarmouth MA to discuss the matter. 40. Caloiero is aggrieved by the issuance of the second Enforcement Order. 0 COUNT I: APPEAL OF DENIAL ORDER OF CONDITIONS PURSUANT TO G.L. c . 249.4 4 41. The Plaintiff realleges and reavers the allegations contained in Paragraphs 1 through 40. 42. Pursuant to the holding in Oys�Creek Preservation, Inc. v. Conservation Commission v. Harwich 449 Mass. 859 (2007), Caloiero was entitled to seek superseding review by the DEP when the Commission failed to hold a public hearing within twenty- one days of the date that the NOI was filed. 43. Pursuant to the holding in Qyster Creek Presery tin Inc. v. Conservation Commission v. Hanyi-gh, 449 Mass. 859 (2007), Caloiero was also entitled to seek superseding review by the DEP when the Commission failed to issue a decision in a timely manner. 44. As a result of failing to hold a public hearing within twenty-one days of the date that the NOI was filed, and/or as a result of failing to issue a decision in a timely manner, the Commission forfeited the right to enforce the Yarmouth Wetlands Bylaw and lost jurisdiction over the matter. 45. The Commission's purported hearings on March 6, 2025, and March 20, 2025, were ultra vires and lacked jurisdiction. 46. The denial Order of Conditions purportedly issued on April 7, 2025, is untimely, ultra vires, and a legally nullity. 47. The Commission's decision contains substantial errors of law that affect the material rights of Caloiero. VA 48. In addition, the decision of the Defendant, the Yarmouth Conservation Commission, is: (a) in excess of its authority and jurisdiction under Town of Yarmouth Wetland Protection Bylaw; (b) based upon error of law; (c) made upon unlawful procedure; (d) unsupported by substantial evidence in the record; (e) unwarranted by facts submitted by the Applicant; and (f) arbitrary, capricious, and an abuse of discretion and otherwise not in accordance with the law. COUNT II: DECLARATORY RELIEF 49. The Plaintiff realleges and reavers the allegations contained in Paragraphs 1 through 48. 50. An actual controversy exists between the parties as to the propriety of the Commission's decision to issue a denial Order of Conditions and whether the Order of Conditions is a Iegal nullity. COUNT III: APPEAL OF WETLANDS PROTECTION ACT ENFORCEMENT ORDER PURSUANT TO,G.L. c. 30A, & 14 51. The Plaintiff realleges and reavers the allegations contained in Paragraphs 1 through 50. F1 52. The Enforcement Order issued by the Commission on April 17, 2025, under the Massachusetts Wetlands Protection Act is predicated upon an assertion that Caloiero "[failed] to comply with Enforcement Order issued on 1/5/2024." 53. The January 5, 2024, Enforcement Order was appealed in a timely manner and the appeal is pending. 54. Thus, the January 5, 2024, Enforcement Order is not final. 55. Therefore, there has not been a failure to comply with the January 5, 2024, Enforcement Order. 56. The issuance of the April 17, 2025, Enforcement Order is baseless, premature, and devoid of legal and/or factual merit. 57. The Enforcement Order issued by the Commission is: (a) in excess of its authority and jurisdiction under the Wetlands Protection Act; (b) based upon error of law; (c) made upon unlawful procedure; (d) unsupported by substantial evidence in the record; (e) unwarranted by the facts; and (f) arbitrary, capricious, and an abuse of discretion and otherwise not in accordance with the law. COUNT IV: APPEAL OF WETLANDS PROTECTION BYLAW ENFORCEMENT ORDER PURSUANT TO G.L. e. 249J 4 58. The Plaintiff realleges and reavers the allegations contained in Paragraphs 1 through 57. 6 59. The Enforcement Order issued by the Commission on April 17, 2025, under the Yarmouth Wetland Protection Bylaw is expressly predicated upon an assertion that Caloiero "[failed] to comply with Enforcement Order issued on 1/5/2024." 60. That Enforcement Order was appealed, and the appeal is pending. 61. Thus, the January 5, 2024, Enforcement Order is not final. 62. Therefore, there has not been a failure to comply with the January 5, 2024 Enforcement Order. 63. The issuance of the April 17, 2025, Enforcement Order is baseless, premature, and devoid of legal and/or factual merit. 64. The Enforcement Order issued by the Commission under the Bylaw is: (a) in excess of its authority and jurisdiction under the Bylaw and YWPR; (b) based upon error of law; (c) made upon unlawful procedure; (d) unsupported by substantial evidence in the record; (e) unwarranted by the facts; and (f) arbitrary, capricious, and an abuse of discretion and otherwise not in accordance with the law. COUNT V: DECLARATORY RELIEF 65. The Plaintiff realleges and reavers the allegations contained in Paragraphs 1 through 60. 10 66. An actual controversy exists between the parties as to the propriety of the Enforcement Orders issued by the Commission and the Plaintiffs obligation to comply with same. WHEREFORE, the Plaintiff, Rosangela Caloiero, respectfully requests that this Honorable Court: A. Order the Yarmouth Conservation Commission to file a certified copy of the Administrative Record in accordance with Superior Court Standing Order No. 1-96; B. Declare that the denial Order of Conditions issued on April 7, 2025, is a legal nullity; C. Declare that the Yarmouth Conservation Commission failed to hold a public hearing within twenty-one days of the date that the Notice of Intent was filed and that Plaintiff did not consent to a waiver of the twenty-one day requirement, and that the Plaintiff timely sought superseding review by the Department of Environmental Protection; D. Declare that any Superseding Order of Conditions issued by the DEP will govern the project and that the Commission forfeited the right to enforce the Town Bylaw; E. Declare that Commission's issuance of the April 17, 2025, Enforcement Order was premature and devoid of legal and factual merit and exceeded the Commission's authority; F. Annul the April 17, 2025, Enforcement Order; G. Enjoin the Commission from enforcing the April 17, 2025, Enforcement Order; H. Award the Plaintiff her attorney's fees and costs of this action; and I. Enter such fiuther and other relief that this Honorable Court deems proper and just. Dated: May 16, 2025 Respectfully submitted, For the Plaintiff, By her Attorney, F -'M iffiX BBO No. 560063 Troy Wall Associates 90 Route 6A Sandwich, MA 02563 (508) 888-5700 bjw@troywallassociates.com 12 EXHIBIT A Bk 35526 Pg266 #60024 12-07-2022 @ 12:30p Quitclaim Deed I, Carolyn Bates, Single, of South Yarmouth, MA for consideration paid and in full consideration of Seven Hundred Seventy Thousand and 00/100 ($770,000.00) Dollars grant to Juberto DeOliveira and Rosangela Caloiero, Husband and Wife, as Tenants by the Entirety of 23 Belcher Drive, Sudbury, MA 01776 with QU1rCL,41M COVENANTS the land, together with the buildings thereon, situated in Yarmouth (South), Barnstable County, Massachusetts, bounded and described as follows: NORTHERLY by the Southerly sideline of Oyster Cove Road, One Hundred Twenty - Five and 00/100 (125.00) feet; EASTERLY by Lot 6, One Hundred Ninety and 00/100 (190.00) feet; SOUTHERLY by land now or formerly of Ruth Boardman, One Hundred Twenty -Five and 00/100 (125.00) feet; and WESTERLY by Lot 4, One Hundred Ninety and 00/100 (190.00) feet. Said premises are shown as LOT 5 on a plan of land entitled "Riverdale, Plan of Subdivision of Land of Dorothy S. Dreschsler & Louise M. English in South Yarmouth, Scale 1" = 50' May 9, 1956," duly filed with Barnstable County Registry of Deeds in Play* Book 129, Page 9. Together with a right of way over Oyster Cove Road as shown on said plan, to Salt Box Lane and from Salt Box Lane to Upper Bridge Road. Together with a right of way over Oyster Cove Road as shown on a plan of land duly filed with said Deeds in Plan Book 136, Page 27. Together with the right to use the beach area as shown on said plan, duly filed with said Deeds in Plan Book 136, Page 27. WSRAC"Sr"ro STATE EXCISE TIII "Urr"W C00HTY EXCISE TAX RMSTUTZ Cou"r MIS'!'RY Or MW SA8118mra Comm 0=19rxr Or DEEDS Date: 12-07-2022 @ 12:30pm Date: 12-07-2022 @ 12:30pm Mt. 397 DOC#: 6002E Ctl#: 397 Doe#: 60024 Fee: 42,623.40 Cans: $770,000.00 roe: $2,356.20 Cons: $770,000.00 Bk 35526 Pg267 #60024 Said land is conveyed subject to and with the benefit of all rights, testrictions, easements, encumbrances and reservations of record insofar as the some are now in force and . applicable. Grantor hereby waives any and all homestead rights she has or may have had in the property described above and conveyed herein as set forth in M.G.L. Chapter 189. Grantor also hereby fiulher states under the pains and penalties of perjury that no other persons are entitled to any benefits of an existing Estate of Homestead. Meaning and intending to convey the same premises as conveyed to Grantor by deed recorded on September 25, 2007 in the Barnstable County Registry of Deeds in Book 22360, Page Ift REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Bk 35526 Pg268 #60024 Executed as a sealed instrument this day of N . 2022. L—Wk , - '� A b 'a z Carolyn Batel STATE/ COMMONWEALTH OF MwisachyHS F�"V.11,V. --County, ss. On this 1944,day of _ JAVcw.*y . 2022, before me, the undersigned Notary public, personally appeared, Carolyn Bates, who proved to me through satisfactory evidence of identification, which was 0-Driver's License; ❑ State ID; ❑ Passport; ❑ Other Qoverruncnt Issued ID; ❑ Other, to be the person whose name is signed on the preceding or attached document, and who swore or affirmed to me, under the penalties of perjury, that the contents of said document are truthful and accurate, to the best of her knowledge and belief, and that she signed it voluntarily for its stated purpose. 4r Notary My Commission Expires ------------- & AAA Nowlary HECRTMAN �ofw►sar►c+m my coma�d"M Esp m JOHN F. Hms, Rzalsm BMWOTAHLE CODii'l'Y REGISTRY Or DEEDs RECEIVED 6 RECORDW ELECPRORICAUT M N:�I:�08r� v y, 06 Total Page. S QUITCLAIM DEED Sk 34889 Pg228 #6881 02--08-2022 @ 09:43a We, Robert R. Ayotte and Carol J. Ayotte, as Trustees of the Oyster Cove Realty Trust u/d/t dated February 28, 2013, as evidenced by a Trustee's Certificate Pursuant to MGL ch. 184. §35 recorded with the Barnstable County Registry of Deeds in Book 28295, Page 313, of South Yarmouth, Barnstable County, Massachusetts, for consideration of less than one hundred dollars ($100.00) gram to Ayacht, LLC, a Florida limited liability company, having a usual place of business and mailing address of352 Harbor Drive, Naples, FL 34103. ivirh quitclaim covenants The land in South Yarmouth. Barnstable County. Massachusetts. bounded and described as follows: NORTHEASTERLY by Brach Area. as shown on hereinafter mentioned plan. one hundred eighty-seven (187) feet, more or less: EASTERLY by Bass River, seventh• -five (75) feet. more or less; SOUTHERLY by Lot 11. as shown on said plan. one hundi+cd forty-five (145) fret. more or less: SOUTHWESTERLY still by Lot 11, as shown on said plan, seventy-two and 201100 (72.20) feet: and WESTERLY by a turn -around in Oyster Cove Road, fifty-eight and 52/100 (58.52) feet; containing an area of 14,400 square feet. Said premises are shown as Lot 12 on a plan of land entitled "Riverdale Plan of Resubdivision of Lots 8 & 9 into Lots 10. 11 and 12. Land of Dorothy S. Dreehsler & Louise M. English, in South Yarmouth. Mass" duly filed with Barnstable County Registry of Deeds. Book of Plans 136, Page 27. Bk 34889 Pg229 #6881 Together with a right of way over Oyster Cove Road, in common with all others entitled thereto. ALSO — Being shown as BEACH AREA on plan of land entitled "Riverdale Plan of Resubdivision of Lots 8 & 9 into Lots 10. 11 & 12 Land of Dorothy S. Drechsler& Louise M. English in South Yarmouth, Scale I" - 50, June 22, 1957. Newell B. Snow, Eng'r. Buzzards Bay. Mass" which plan is filed in Barnstable County Registry of Deeds. Book of Plans 136. Page 27. Together with the fee in Oyster Cove Road from Beach Area to Sale Box Lane. Subject to the rights of all persons lawfully entitled to use the Beach Area and Oyster Cove Road. Being the same premises conveyed to the grantors herein by deed dated February 28.2013. and recorded with the Barnstable County Registry of Deeds in Book 27295. Page 314. (REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY) Bk 34889 Pg230 #6881 WITNESS our hands and seals this aZ I day ofJanuary, 2022, Robert R. Ayotte STATE OF FLORIDA roulec County, ss. On this day of January, 2022, before me, the undersigned notary public, personally appeared ROBERT R. AYOTTI:, as Trustee of the Oyster Cove Realty Trust, proved to me through satisfactory evidence of identification, which was Le;'. y woo a e. — FL to be the person whose name is signed on the preceding document. and acknowledged to me that he signed it voluntarily for its stated purpose. RAip1i�ESIR►W Notary Public �j } Nv1eryR�ONt • 54tf OlfiOriQi My commission expires: 3bn , aoc%6 °' I Carrnt�sta►e�i1�OT1 ft Comm. Espkn Joa 3, U24 IW401 Oft* Wtioab " AM. STATE OF FLORIDA —C.0it.r.r County, ss. On this dky ul'January, 2022, bclbre ntc. the undersigned notary public, personally appeared CAROL J. AYOTTE, as Trustee of the Oyster Cove Realty Trust. proved to me through satisfactory evidence of identification, which was _T'�.X��'t�±g�e� �J• , to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily %r its stated purpose. M„WR„a—Notary Public u1t*�F M commission eX lees:016 123f c yr 0FWW Y p 34n 3. Xo.Z6 9o*d tt OU0 Motk"I WtM Bk 34889 Pg231 #6881 TRUSTEE'S CER nFICATE We, the undersigned, being the Trustees of the Oyster Cove Really Trust, utWer declaration of Trust dated February 28, 2013, hereby certify under the pains and penalties of perjury as follows: 1. We are the sole Trustees of said Trust. 2. Said Trust has not been altered. amended or terminated other than as of record and remains in full force and effect. 3. We have been authorized by all of the beneficiaries of said Trust to convey the premises situated at 59 Oyster Cove Road. South Yarmouth. Barnstable County. Massachusetts, to Ayacht. LLC. a Florida limited liability company. far cnnsidemlion of lem than One Hundred Dollars (4100.00). 4. No Beneficiary of this Trust is a minor, incompetent or a corporation selling all or substantially all of its Massachusetts assets, or a personal representative ofan estate subject to estate tax liens or is now deceased or under any legal disability. PRIME PROPERTIES REALTY TRUST Robert R. Ayottc Carol J. Ayotte STATE OF FLORIDA CJ%ktic i County. ss. On this . Ll day of January. 2022. before me, the undersigned notary public, personally appeared ROBERT R. AYOTTE, as Trustee of the Oyster Cove Realty Trust, proved to me through satisfactory evidence of identification, which was 71 eia.,, I :. gnse . rt. , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. ;iL — Notary Publ is My commission expires: Sao , doa6 tommrwtoa. wt 2 i 301. �►� My [area. tjpireti !m ]. I016 eonae ttrar� raauon�t gatary urn. STATE OF FLORIDA %,itiy County. ss. Sk 34889 Pg232 #6881 On this_ day of January. 2022. before me. the undersigned notary public, personally appeared CAROL J. AYOTTC. as Trustee of the Oyster Cove Realty Trust. proved to me through satisfactory evidence or idaitifical ion. which was J[ kri..& r E, _. to be the person whose name is signed on the preceding document. and acknowledged to me that she signed it voluntarily for its stated Duruose. �uw�u►tara�o. "WY Ptk. $tall af �.� lancet COmmhsi0c / NN 2' iu7a ►C:mm.tsplres:m:1.i024 uNa� IytlaW Np�yy �, otary Public My commission expires: Yje, 3, 2jsL b JOHN r . =DE, 8m "M BMWIPW BLE ODWiPY B6l' V=V OF DEED$ BECEIV® i =WRD$D ELWf.'PRONICAMY EXHIBIT C BP,09444--0068 94-11-15 10:54 666175 Mht (90MUMwett" of Attttttttou.02#0 �krts, Richard Bates of -- Yarmouth --, in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to -- maintain stairs, a pier, ramp, and pile -held floats --------------------------------------------------------------------------- and has submitted plans of the same; and whereas due notice of said application has been given to the -- Board of Selectmen -- of the Town of -- Yarmouth. NOW, said Department, having fully considered said application, hereby, authorizes the said -- Richard Bates --, subject to the provisions of 310 CMR 9.10, to -- maintain stairs, a pier, ramp, and pile -held floats ----- in and over the waters of -- Bass River -- in the Town of -- Yarmouth -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 4215 (3 Sheets), original of which is on file in the office of said Department. The structures hereby authorized shall be limited to the following use: noncommercial docking and boating access to navigable waters. This Interim Approval is valid for 30 years from the date of issuance. If the affected property is transferred to a new owner, for valuable consideration, this approval shall expire one year from the date of transfer. This Interim Approval shall be void unless the same is recorded within Go days from the date hereof, in the Registry of Deeds for the County of -- Barnstable - . XM=R X APPROVAL ONLY ea MUD pre P%G=LW ?AKA BPg09444-0069 94-11-IS 10iS4 16817S Interim Approval No. 4215 Page 2 1.) In accordance with any license condition, easement, or other public right of lateral passage that exists in the area of the subject property lying between the high and low water marks, the Licensee shall allow the public in the exercisd of such rights to pass freely over all structures within such intertidal area. Accordingly, the Licensee shall place and maintain, in good repair, a ladder, and public access sign on both the northerly and southerly sides of the pier authorized herein, adjacent to the mean high water shoreline. The ladders shall be constructed of durable materials, shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a minimum width of 2.0 feet, and shall have adequate railings extending above the pier decking in order to facilitate safe passage. The signs shall include any statement and/or logo specified by the Department and shall otherwise conform to the "Signage Specifications of the Waterways Regulation Program", as may be amended hereafter. A Licensee's copy of such written specifications is provided with this license, and an additional copy shall be kept in the Department s permanent license file (No. 4215) . Nothing in this condition shall be construed as preventing the Licensee from excluding the public from portions of said structure or property not intended for lateral passage. 2.) The floats' shall be taken out of the water and stored in a secure upland location in the event a Hurricane is forecasted. 3.) The project authorised herein has been completed in conformance with the accompanying License Plan. The issuance of this License, therefore, fulfills the Licensee's obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. Please see Page 3 for additional conditions to this Interim Approval. BNO9444-0090 94-11-15 10354 455175 Interim Approval No. 4215 . Page 3 1. Nothing in this Interim }approval shall be so construed as to impair the legal rights of any person. a. Any change in use or any structural alteration of any structure or fill authorised herein shall require the issuance of a Waterways License. Any unauthorized change in use or unauthorized structural alteration of any structure or fill authorised herein shall render this Ynterim Approval void. S. This Interim Approval authorizes structure(s) and/or fill on: -I- Private 'tidelands. in accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, for the purposes of fishing, fowling, navigation, and the natural derivatives thereof. _A_ Commonwealth Tidelands. The Licensee shall not restrict the public's right to use and to pass freely, for any lawful purpose, upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. a Great Pond of the Commonwealth. The Licensee shall not restrict the public's right'to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this Interim Approval. 4. Unless otherwise expressly provided by this Interim Approval, the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. -------------------------------------------------------------------------- ' IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this beven# day of Novembeot in the year nineteen hundred and ninety-6ovA. Commissioner 'actor • Department of fotq Environmental Protection Section Chief On hie day of 19_Vbefore me personally appeared me known to be the- person described in and who -ixecuted, this Inter to Approval and acknowledged that he/she executed the same s/her ree t and deed. r r c My commiss expi es on 3 rERLt APPROMM OMY 8"09444-0091 94-11-15 10e54 166175 Waterways Application No. W93-2152 Waterways Interim Approval No. 4225 a_ Unless otherwise expressly provided in a license or other written authorization of the Department, all required signage shall conform to the following specifications, as applicable: 2. all signs shall utilize durable materials and methods of construction) 2. the Licensee shall maintain and repair all signs in good condition at all times; 3. letter height shall be a minimum of 3/4-inch; 4. the signs to be placed on the subject pier or shall state the following: OThese ladders are provided for public lateral access over this pier for the purposes of fishing, fowling, and navigation, pursuant to Mass. Department of Environmental Protection, Waterways License No. 4215, issued [date].". Note to Licensee: these specifications do not need to be recorded at your County Registry of Deeds. ,ncl oaF QO sier BN09444—UM 94-11-15 10=54 666175 • Mr. 83+05' svalrs Vtld er,ramp, er i 1 -, •Floats 4 1 1 1 1 f � Scale J2' = 30' wra aPPRovAL 4215 Oft NOV 7 1994' �/NwM 1� OprMiM�tM 8rrkrr�pl pM�aroa AAswxx* Prope+ Owner's •. . Robert Ayatte _._ QZ Louis lViclCinello i PLAN VIEW R i c lnafid • $a+es 29 Oys+e - COve Rd - S. yar'moA , MA t% V,cd f";`T eA •P K ittip �� f 1 y mr. Aiot� pier 4, seal e du-Ehv IrcZ pep �cc- 9 3 2b s#atrs, ptar, rampp, and 4pt le- hdd V-ioa*s at the En d- OP OySfe r` Cove Road Bass River yarmovOl I (,AA IV :tig44 3 94-11-15 10:54 466175 �� APPROVA : 4.216 �S � M ,! CN1s ra r r0 r 7 iggk 02 xis �M� .Popwt OMAN ' APPWVAL En oV Oyster Cove uMT o l RiG�acj Ba+es Ramp and Fs loat -Ayoft 24-Oysfer Cove R4. .t Bass River �ermovth Ni'&inello $, j�a.rmou� , MA am ffM STAIM SMUT I Wa OAT[ " AM" 1:.,,:.•,+�.� � t s � a v.� °" is�r •w:: � ,L MMAT111f0A E - ara►► �T�al� lao'a. apa oo�,•tss 1 £ VYV �-�-c•ouuk�-p� •S S •` -a{ a -a S o+ �oN 47 r � 7nb� �a ti dlij r,n t le 1 ar Q 1,TAA �gItlN7M ���� ay � M• oo `' ` ,Y. ; • N t 46 " � a tt rt ^ + �O fR €S E V Jan U •a ae © V i r a� S-ifes 71N a tr4 Pap wqj s4polzi 'sslefsl�a+,d ��Its+X� I M• r!• ' .ra �Otly�flp _ Q O At -DAA• 113, Y tit `�►� * SJ i Mot i dW w •e V � �a' 1 al• too so Sa99s b5=Ai SZ-1146 460p-blrti6©�� 1 WA 60 119 i important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9 --- Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. Violation Information This Enforcement Order is issued by: To: Yarmouth 1/5/2024 (ratified 2.1.2024) Conservation Commission (issuing Authority) Date R Rosan ela Caloiero Name of Violator 29 Oyster Cove _Road Address 1. Location of Violation: AYACHT LLC Property Owner (if different) 59 Oyster Cove Road Street Address - - — - South Yarmouth 02673 CdyiTown T - -- Zip Code 81 20 Assessors MapMlat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted activity within a resource area: installation of a dock / rebuilding of an unpermitted dock in land under the ocean B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131. § 40) and its Regulations (310 CM 10.00) and Yarmouth Wetland protection Bylaw Ch. 143, because. ® the activity has been/is being conducted in an area subject to protection under c. 131. § 40 and Ch.143 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). *W0+,n9A dOC• fw 5nen02n Pnr 7 a'{ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands �j WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 B. Findings (cunt.) ❑ the activity has beentis being conducted in an area subject to protection under c. 131, § 40 or the buffer zone in violation of an issuing authority approval (Le, valid Order of Conditions or Negative Determination of Applicability) issued to: Name Dated File Number Condition number(s) ❑ The Order of Conditions expired on (date): Date ❑ The activity violates provisions of the Cerdficate of Compliance. ❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from any activity affecting the Buffer Zone and/or resource areas. i� Resource area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before Date for the following: The restoration shall Issuing authority. w,&'GM9e d= • rev SI167 M completed in accordance with the conditions and timetable Massachusetts Department of Environmental Protection DsP File Number: Bureau of Resource Protection - Wetlands WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 C. Order (cant.) ® Complete the attached Notice of Intent (NOI). The NOI shall be filed with the Issuing Authority on or before: March 7, 2024. NOI can be found at https:l/www.yarmouth.ma.usl6g6lFiling-Forms-Fees-and- Meetin -Schedule for the following: Dock No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action (e.g., erosion/sedimentation controls) to prevent further violations of the Act: Removal of all newly built structures is required by February 22, 2023. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Brittany DiRienzo Name 508 398 2231 ext 1288 Phone Number M-F 8.30 to 4pm Hours/DaysAvalable Issued by: Yarmouth Conservation Commission Conservation Commission signatures required on following page. V*01-97 doC • fh SIt84p2p P290 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands I]EP File Number. WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland BY -Law, Chapter 143 D. Appeals/Signatures (coat.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature Printed Name Cl % k -e ck 217 Z LJ 5-) v c1 �._ Signature Printed Name Signature Printed Name Printed Name Signature Printed Name_ Signature. Printed Name Signature Printed Name Signature Printed Name Signature �OZZ ZLkiU VOO\ t261-1 S�-O� Signature of delivery person or certified mail number ryafwm9a doc • rev.sf 180 2D Pago- 4 ur 4 EXHIBIT E Outlook RE: Yarmouth-N 01 -59 Oyster Cove Road (easement) - Caloiero From DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us> Date Fri 2/21/2025 11.43 AM To bobperry capecodengineedng.com <bobperry@capecodengineering.com>; Brian Wall <bjw@troywaliassociates.com> Cc Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> 1 1 attachment (51 KB) 21 day waiver.pdf. Hello, Would you be willing to sign the attached 21-day waiver due to the quorum Issue? Thank you, Brittany DiRienzo Conservation Administrator Town of Yarmouth bdidenzo@yarmouth.ma.us 508-398-2231 x1288 Conservation Website From: DiRienzo, Brittany Sent: Thursday, February 20, 202512:29 PM To:'bobperry capecodengineering.com' <bobperry@capecodengineering.com> Cc: Jerolimo, Joseph <JJerolimo@yarmouth.ma.us>;'Brian Wall' <bjw@troywaiiassociates.com> Subject: RE: Yarmouth-NOI-59 Oyster Cove Road ( easement) - Caloiero Hello, Conservation Commission is unable to produce a quorum for this Item on tonight's agenda, so it will be automatically continued to the next available hearing date which is March 6, 2025. 1 will put it first on the agenda. Please let me know if you have any questions. Best, Brittany DiRienzo Conservation Administrator Town of Yarmouth i ' n yarmouth.ma.us 508-398-2231 x1288 C ation Website From: bobperry capecodengineering.com <hghRe rr yft--caRggcJe gineering.com> Sent: Wednesday, February 5, 202510:48 AM To: DiRienzo, Brittany <8DiRienzo@..armouth.rnajUs>; sero NQI@mas,.,5.,gov Cc: Jerolimo, Joseph <JJerolimofa�yarmouth.ma.us>; DMF EnvReview South (FWE) (FWE) <dmf en►treview_ south@state.ma. p Subject: Yarmouth-NOI-59 Oyster Cove Road ( easement) - Calolero AttentionI: 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. Greetings, We are attaching an Notice of intent for reconstruction and modification to an existing private docking facility within an easement at 59 Oyster Cove Rd, South Yarmouth. Please contact me.for questions. Thank you, Bob Perry Cape Cod Engineering, Inc. 508-385-1445 CONSERVATION OFFICE Town of Yarmouth Conservation Commission 21-DAY WAIVER Please complete this form, sign at the bottom and return to the Conservation Office. 1, , hereby waive the 21-day time period for a public hearing/meeting and/or issuance of the: OOC / DOA / COC / ORAD following receipt of my filing of a: ❑ Notice of Intent ❑ Request for Determination of Applicability ❑ Request for Certificate of Compliance ❑ Other by the Yarmouth Conservation Commission under Massachusetts General Laws, Ch. 131, sec. 44, and/or under Yarmouth Wetland Bylaw. The application was submitted on for work at (project address/location) I am the: ❑ Applicant ❑ Applicanfs Representative ❑ Property Owner Signature (date received by Conservation Office) Date NOTE: Please be advised that you will be notified of the meeting date once this application has been assigned to a Conservation Meeting Agenda at the email address listed on the application. 21 day waiver Rev Jury 2024 New Logo JA F-jFj - - - F*14 0 11 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands Request for Departmental Action Fee SE83-2463 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project 59 Oyster Cove Road South Yarmouth, MA 02664 a. Street Address b. Citylrown, Zip 7696 $245.00 c. Check number d. Fee amount Important: When tilling 2. Person or party making request (if appropriate, name the citizen group's representative): out forms on Brian J. Wall, Esq. the computer, Name use only the 90 Route 6A tab key to Mailing Address move your Sandwich MA 02563 cursor - do MyRown State Zip Code not use the 508 888-5700 return key. phone Number Fax Number (if applicable) V Q 3. Applicant (as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Rosan ela Caloiero Name 23 Belcher Drive Mailing Address Sudbury MA 01776 citylrown State Zip Code Phone Number Fax Number (if applicable) 4. DEP File Number. SE83-2463 B. Instructions 1. When the Departmental action request is for (check one): ® Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other projects) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation -- Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 watloo.dw • rov. 12/1214 ROW60 for Oayutmomat /4ClionVeo TrwUmMal Fom, • Pago 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. Request for Departmental Action Fee SE83-2463 Transmittal Form Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not an the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate ❑EP Regional Office (see htto:/lw ww.mass.00vleealaaenciestmessdao/about/contacts/1. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, If he/she is not the appellant. waBaa.Cw- My.IM&14 PAgwstforQopattmanlalAdanFooTiaromdWForm • Pop 2o!2 r T l� AS.50CIATES iTT6i YS- A14D O-UN.SEL-LOR5 AT LAW sue, M-A�SEM CM. tu�ch , 2025 1- AIAIL )kWmpDuo Re* Chief 1paatinento#E�onmq�tal:Pita_iau� . . oudsMegio''c OFl�rsii�e°Dl�ve- .. . RE;. egpt for Sgp*md_Wgrer of-enans RRns gela- iI,o"kwo` C`ov R id,. .o - T:armoutlh MA. ftil� EM3. ROMRr & TROY �s�+jo�waaUa4i�am CLODAGH L. TROY t11 OCTOYWRI IWOMIMS.0 fm Dear W. PIOW& .q' a ► g4-J .this-oi ,;, ea�-.w,�ti.Cape-Cbd. inee ,r , Igc rop� t faoate- of r n�cod pplic t calca ro c ppliftatl,, TMS serve as a t.for a Sv*w (5, a# d ons " FWsu�at. �0 CMR.1 :6 b ;.- on grounds. ;tl t: t . !Varnxmth. COFH*t On o riiissi ' (' s not hold a pt bll , 'g°.t a otic of-tent.("NOV);',UR twqO d1qvt of the date ,that the fled as required by M.G L, c. 13], a aid-1:1.055...►=Tv�[ IiIin ' Forty Iiyc 1'ollar+ki0) fra fob veal peat on .tip to t1t DT 96.k.AOXIWB.c3Um:via ae #Zpad--mail:..gopw #ho trat �ruj 1 ch t sr a tac d er : as ixhi i l.NTRODO (J1T The. i`cq k�i ' .. own tl�e_.UW and single-NwRy.4v�+�l.lin �_429-0 _,,ster with. cow- .t.ci ecl' is a1ta_as x T'hc:-!p `has' urppium ri it16 use. are stvea,of len ti ' ,laa#e %a said Tttyf ].ods in Plai�:..L35, Page "T: March 5, 2025 Page 2 Fa6ibit 3. The deed explicitly states that the property conveyed includes "the right to use the beach area as shown on the plan." The land that is subject to the easement is owned by Ayacht, LLC, a Florida limited liability company with an address of 352 Harbor Drive, Naples, Florida The deed of record of the property states that the land is "[s]ubject to the rights of all persons lawfully entitled to use the Beach Area and Oyster Cove Road." hg i itb 4. The Applicant's predecessor -in -interest, Richard Bates, maintained a pier on the Beach Area. This is evidenced by Chapter 91 Interim Approval No. 4215 issued to Richard Bates on November 7, 1994, and recorded in the said Registry of Deeds in Book 9444, Page 94. &MIt 5. Further evidence of this pier is set forth in the aerial imagery attached hereto showing the pier in 2010, 2014 and 2021. Kxhibft 6. When the Applicant - purchased the property in December of 2022, the purchase included the Chapter 91 License. The Applicant has since submitted an application with the DEP for a new Chapter 91 License. The pier is damaged and only remnants remain. The Applicant seeks renovate the pier, and to properly permit it under the Wetlands Protection Act (M.G.L. c.131, § 40) and properly license it under the Waterways Program (M.G.L. c. 91). = PROPOSED PROJECT A. Proiect Descrfntlon. The proposed project is to remove the remnants of the wdsting dock facility and to construct and maintain a new pier, ramp and float in its place. The new dock will extend from the shore over an existing seawall to the line of 11OM, and then seaward to a point 80 feet from MEW. The dock will be comprised of a 4' x 64' pier elevated on timber pilings, a 2.5' x 14' ramp, and a 6' x 20' float. The project is depicted on the plan entitled: "Plan Showing Proposed Modification and Maintenance ofa Pile Supported Pier, Ramp and Float in Bass River at 0 Oyster Cove Road, South Yarmouth MA," dated September 5, 2024, prepared by Cape Cod Engineering, Inc., Robert M. Perry, PE, which plan is part of the NOI, A copy of the plan is attached as Exhibit 7. The work to implement the proposed project involves removal of all portions of the existing facility and, thereafter, installation of a pile -supported elevated pier, seasonal ramp, and pile -held float. The existing floats and some debris fim recent damage have already been removed. Remaining debris materials can be hand -carried out and transported away. Replacement pilings and new pilings shall be installed March 5, 2025 Page 3 with portable tripod and barge -based driving methods to install the pier. Following that, hand carpentry methods to fit and affix the pier frame. Planking and railings follow by similar hand work activities. Lastly the seasonal ramp and float will be delivered via the waterway and attached to the pier end with attachment to the two anchor 'pilings. Water depth is available to float small vessels offering an improvement over existing conditions for clearance to the bottom. The ramp and float shall be removed seasonally and stoked in an upland location. IL a Resources. Coastal wetland resources in the area include Coastal Bank (310 CMR 10.30), Coastal Beach (310 CUR 10.27), Salt Marsh (310 CMR 10.32), Land Containing Shellfish (310 CMR 10.34), Land Subject to Coastal Storm Flowage (310 CMR 10.04), and River&ont Area. The project involves activities subject to M.G.L. c. 91, so the proposed activity is exempt from the Riverfront Act. C. D6e Proposed „Protect CompM, with Ann icakle Performance Mudards. The project involves work in Coastal Bank (310 CMR 10.30), Coastal Beach (310 CMR 10.27), Salt Marsh (310 CMR 10.32), Land Containing Shellfish (310 CMR 10.34), Land Subject to Coastal Storm Flowage, and River&ont Area. The work will have no significant adverse impacts to wetlands resource areas and meets all applicable performance standards. XROCEDURAL HISTORY The NOI was filed with the Commission on February 5, 2025. The Commission scheduled the NOI for a public hearing on February 20, 2025. However, the Commission was unable to hold a public hearing because of a lack of quorum. The twenty-first date after filing the NOI was February 26, 2025. The Commission failed to hold a hearing on or before February 26, 2025. This appeal is timely filed within 10 business days of the twenty-first day after the NOI was filed. M.G.L. c.131, § 40 and 310 CMR 10.05(5) require the Commission to hold a public hearing within 21 days of receipt of a Notice of Intent. In this case, an NOI was filed on February 5, 2025, and the Commission failed to hold a public hearing within 21 days, or on or before February 26, 2025. The Applicant did not waive her right to timely hearing. r PAV4. IA _ 4 k Conse . of : T:o� e�,; 4 +i : • $ � ' ' vI en' s r Cowe pplict .pl 'tic: lam, i ;is, f]ie 's ilt wsbr* on miss. tr did n t'ha�1d :. }�i v A ' ` gr ,dot e ,p i01I R t� orjs : a the li pp�icant is.: t Z qliad 9. t t1p :rs di ig eider df Gozldi#ions fir'' IrX;(3, ;. _c. ' :3--Oil Ins. v, wscrvation`6mmissi(jn'of Irwich''4'�5::$k andPaodoc _=W) de o a c 1 1 th ap op ed~work v�p�ll�rnc:tiea CraCSBS�'. IN . _r o B1 �ry1"LLIG rri7'�r #; '�a+11�!r r approvin.#1itit. ; 71 r CGS i.O.0 07C' _ _ .��. � "R-' , �r.M. � .'•_�_;i4• �.'����� �': ��,.� L'n. 1.4r w� ,pal��� �µ � x� --''* � � � A - w ��F- r+.h� '.I. � i •�,�.Y S'ri.`1.r- ,''lK i�'.4�I�.N�,4:..+J. � ��:', � .. .... _ .. �. �. Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee SE83-2463 Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project 2 Oyster Cove Road _ a. Street Address 7696 c. Check number South Yarmouth, MA 02664 b. Cityrrown. Zip w $245.00— d. Fee amount 2. Person or party making request (if appropriate, name the citizen group's representative): Brian J. Walt, Esq. Name -- -------- -- -- — 90 Route 6A Mailing Address - Sandwich MA 02563 Citylrown Stale Zip Code (508) 888-5700 — — — _ Phone Number Fax Number (if applicable) 3. Applicant (as shown on Determination of Applicability (Form 2). Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non -Significance (Form 6)): Rosangela Calciero Name 23 Belcher Drive Mailing Address Sudbury City/Town Phone Number 4. DEP File Number_ SE83_2463 — B. instructions MA 01776 state Zip Code Fax Number (if applicable) 1. When the Departmental action request is for (check one): ® Superseding Order of Conditions — Fee: $120.00 (single family house projects) or $245 (all other proles) ❑ Superseding Determination of Applicability — Fee: $120 ❑ Superseding Order of Resource Area Delineation — Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusefts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 well9e,doc - rev 12J15114 RegLmsl fat De,ponmental Action Fee Tronstnlltal Foen - Pao 7 W 2 Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee SE83-2463 � Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction_ 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see httn-llwww.mass. oovlees!agencies/massdenlabouticontacts!). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. welreo.daa • rov. 12A5114 Navuoal for Oapahmanlal Acdon Fee Trem llel Form - P"o 2 of t U-v ti �iU ..l 1�N:1-I-T�b' —OW, AT LAW 12CRizen ' bl in�ai S-7017/2110 snPw� 0�-saos 315M f• . arro>�i �iAYT Cw-246.00 ol: �Commorlwesifh af:chusetts Two Huhdi fi Forty and O Comm w000lih of Massachusetts r i MEMO 0,0076965' 1:2Li0?01?5I: i3060?95598' BRIM J WALL ATWWY AT LAW Commommith of Massachusetts BROW J WALL ATTORNEY AT LAW OPERATnroAccouNT Commonwealth of Massachusetts Citizens - W 3►612025 for DEP Superseding Order of Conditions - Callero 302025 for DEP Superseding Order of Conditions • Callero waour "mix Um%mwmsemom 00=Capmalml-GW-3M4Mor*w#A*woA&Wexp 1 i DOLLARS 7696 245.00 245.00. tM-*-1 245.00 245.00 6 Bk 35526 Pg266 #60024 12--07-2022 @ 12:30p Quitclaim. Deed I, Carolyn Bates, Single, of South Yarrouth, MA for consideration paid and in full consideration of Seven Hundred Seventy Thousand and 001100 (57y0,000 00) Dollars grant to 3ubarto DeOlivelra and Rosangela Calolero, Husband and Wife, as Tenants by the Entirety of 23 Belcher Drive, Sudbury, MA 01776 Wuh QUITCL41M COVENANTS the land, together with the buildings thereon, situated in Yarmouth (South), Barnstable County. Massachusetts, bounded and described as follows: NORTHERLY by the Southerly sidellne of Oyster Cove Road, One Hundred Tweaty- Five and 001100 (125.00) feet; EASTERLY by Lot 6, One Hundred Ninety and 00/100 (190.00) feet; SOUTHERLY by land now or formerly of Ruth Boardman, One Hundred Twenty -Five and 00/100 (125.00) feet; and WESTERLY by Lot 4, One Hundred Ninety and 001100 (190.00) feet. Said premises are shown as LOT 5 on a plan of land entitled "Riverdale, Plan of Subdivision of Land of Dorothy S. Dreschsler & Louise M. English in South Yarmouth, Scale 1" — MY May 9.1956," duly tiled with Barnstable County Registry of Deeds in Plan Book 128, Page 9. Together with a right of way over Oyster Cove Road as shown on said plan, to Salt Box Lane and ftom Salt Box Lane to Upper Bridge Road. Together with a right of way over Oyster Cove Road as shown on a plan of land duly filed with said Deeds in Plan Book 136, Page 27. To$eti er, th;tharight to:lase tlie�beat h;area:as shown on ;sai�`pla ,.duty filed'v�ith said De s u !ieq Bvo 13. Tago 27. m3aAmuff"s 6TAT6 c=Z6c 7M RUNSTME ccum c=16Z TAX wimfl zz CODarr aLurm or Omer aA1Wf M&B COW" Bl9 VM or DF6D4 Date: 12-07-2022 0 =Mpm Batas 12-07-2022 N 12:30pm Curt 397 DmaN: 40024 Ct10: 397 DoaO: 60023 Woo: e2,63s.40 Cony: 0770,000.00 rem: 02.254.20 Camv: $174,000.00 Bk 35526 PV67 #60024 Said land is sae* sahjett to ad with the bwoM of A do^ ndddkms, m I R - -1 mm and resmadoas afracord Meek as tits saame are now in Aum and appliaabie. grantor hereby waives any and aA hoamestead rights she has or may have had in do p vp" dendbed above and oonveyed herein as sat north is b O L. Chapter 188. Gmntoe also hereby fin&w states nailer to pains and pies of perjM that no other persm are eadded to any beme8ts ofan sedating Betels cfHon�. Meaaiog and ittteadiag to emvey the acme Premises as oomar d to Grantor by deed recorded on. 8egtm*w 25. ?.M in the Barnstabis Cmtmty Registry of Deeds in Book Z�itiO.IPa®e y88. • • . . RBmAIt n OF PAGE LEFT To FRNTICKULY RLAL�K Sk 35526 Pg268 #60024 Bmocvbd as a sealed lit dds j- day of 20M STATE► GOMMONVIMTKOB_babb .ywh Lh-Comw, oe. - Ck NduyPWW My Coeoa mm e. amens, aammunu is aoaarr aosasww oP nasoe ameaayso s a a Exco smacmw J = _ c � � W J o w w 0 Q 5 , _ a T- z T O aD rz� e°- � LLI Uia� } W g o }' W =$ N Z In f— D D 0 p O e e 9 Pi .I O o* i � 1 WA:11; - Total POW S 0MCbAIN DERD Ek 34889 Pg228 #6881 02-08-2022 9 09:43a We, Robert R. Ayotte and Carol J. Ayotte. as Trustees of the Oyster Cove Reaby Trust UM dated February 28. 2013, as cv(daced by a 7imtee's COMM Pursuant to MOL ch. ISC 63$ reeo"led WMh the Barnstable County Registry of Dads in Boole 28295, Pop 313, of South Yarmouth, Barnstable County, Massachusetts, for cmidmdon of less than an hundred dollars (Ei00 00) grmwl to Ayacht. U.C. a Florida Ombd liability company, havin8 a usual piece ofbusiness and mai ling address of 332 Harbor Drim Naples, FL 34103, with galtckdm canrnaals The land in South Yarmouth. Barnstable County. Massachusetts. bounded and described as WWWS: NORTHEASTERLY by Brash Anm as shown on here€natter mentioned plan. one hundred eWty-wm (187) feet, more or km - EASTERLY by Bass River, seventy-five (75) feet, more or less: SOUTHERLY by let 11. as shown on said plam one hundred forty-five (I4S) feet more or less: SOUTHWUMLY still by La I I. as shown an said plan. seventy-two and 201100 (7220) fact: and WESTERLY by a two-arouund in Oyster Cove Rood, fifty e€ght and 51I100 (38.52) feet; containing an apes of 14.400 square feet. Said promises sre shown as La 12 on a pion ofland entitled'•Rivadate Pion orRaubdivision of Lots 8 & 9 Into Lots 10.11 and 12. Land of Dorothy S. Drechdw & Louise M. English, in South Yarmouth. Mass" duly Tiled with Barnstable County Registry of Deeds. Book of Plans 134 Page 27. Bk 34889 Pg229 #6881 Together with a right of way over Oyster Cove Road, in common with all others entitled thereta. ALSO — Eking shown as BEACH AREA on plan of land entitled "Riverdale Plan of Resubdivision of Lots S & 9 into Lots 1 o. i I & 12 Land of Dorothy S. Dmchsler& Louise M. English in South Yarmouth. Scale I" a SW. June 22. 1957. Newell B, Snow. Eng'r. Buxsards Bay, Mass" which plan is filed In Sarnsmbie County Registry of Deeds. Book of Plans 136. Page 27. Together +mrith the fee in Oyster Cove Road from Beach Area to Sak Box Lane. Subject to the rights of all Persons lawfully entitled to use the Beath Area and Oyster Cave Road. Being the some premises conveyed to the grantors heroin by deed dated Febntary A 2013. and recorded with the Barnstable County Registry of Deeds in Book 27295. Page 314. [REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] Bk 34889 P9230 #6881 WITNESS our hands and seals thIs? t day ofAmary. 2022. U� ; STATE OF FLORIDA Goa Coumy, ss. On this 4�d— day of.lanww. 2M berm me, dte undersigned notary public. Personally appeared ROBERT R. AYOrM as Thatee of dm Oyster Cove Reahy TVust, proved to me through satisfactory evidence of MwiHcatlm which was to be the pason whose awe is signed on the Preceding docwnem and admowhedged to me that he signed k vohmbdly for Its stated purpose. . z"_ jdetsr Wf U1LnA1os -Notary Publk sears My commission expires: San S lkoab ryaeape.t�Jm�. to76 aeae,e+t�+wue�t ioeuersw�. STATE OF FLORIDA agile r ,_- County. U. On this clay orianuoy. 2M befom me, the undersigned notary public. pwAmally appeared CAROL J. AYOTfE. as Trustee of the Oyster Cove Realty Trust. proved to me through satisfactory evidence ofidemification, V*kh was T�r..aeg -Ljr. goRr_. FJ. . to be the person whose name IS signed on the prrcedingdaeoment. and acknowledged to me that she signal it voluntarily i'or Its stated purpose. -Notary Public frca My commission expim: ThA 30 Aox(, �yrcoa��b">, m26 toaeeeteraupaeeemeer�eeormra� Sk 34889 P9231 #6881 TRUSM'S CZJMFICATZ We. the undersigned. bring the Tiustea ofthe OyswCov4e RealtyTwst. anderdeclamdon of That dated February X 2013. hereby Cart* under the pains and penalties of perjury as fb hm: 1. We are the soft Trustees of sold Trust. 2. Said Trust has not been altered, amended or terminated other than as of rarerd and remains In ilril fierce and e(Fact. 3. We have beta authorized by all of the beneTutarks of said That to catvey the premises situated at 59 Oyster Cove Road. South Yarmouth. Barnstable County. MassadwU to Ayacht. LLC. a Florida limited liabilky company. for cmu*lemlion of kale IWO (fir Flundred Dollars (4100.00). 4. No Beneficiary of this Twat is a minor. Incompetent or a corporation selling all or substantially all of its Massachusetts owl& or a personal reptiemtetive oran eslatt subject to estate tax lions or is w dnaeaaed or under any legal disability. PRIME PROPERTIES REALTY TRUST STATE OF FLORIDA cauvet County, ss. On this ,2 day. of hnvary. 202Z. before nee. the undersigned notary public. personally appeared ROBERT R. AYOTTF. as Trudw of the Oyster Cove Realty Tn*% pmved to me through satisQtaory evidawe or identification. which was to be the person whose creme is signed on the preceding document. sad acknowledged to me that he signed it voluntarily for its stated purpose. Kom Notary Publicsriate. My commission expires: San 3, d4oa►6 ta�stovs�ae tug l� tbmm. t'�Aa 1. t0la uanere It�wae�n+am�r+ama. STATE OF FLORIDA County. ss. ek 34889 F9232 06881 On thls2j_ day of January. 202Z before me. the undersigned natmy Public. personally appmW CAROL. J. AYOTTE. as Thme of the Oyster Core Realty Tmst. proved to me through satisGtctary e+►Itlenoa Of idcntititatioa. wdich was �n�. to be the person whose now is signed an the preceding document. and acknowkdged to me that she signed It voiunta ft Ibr its stated pine. wumti� ""Kar�Rc•�too!+bna Wac Public My commission ettphes: TM 3, 2.+2. d an if. �, armsssa asaaaramrs ooa�rrs amurm or caw mmQatM 6 NWOORM VMG0l20NlCAZW BPoOS444-0088 W11-15 10*4 166175 Mht ( OMMI twa th of Moognouatto IQN No. 4215 INTERM APPROVAL ONLY 3xf trees, Richard Bates of -- Yarmouth --, in the County of -- Barnstable -- and Commonwealth aforesaid, has applied to the Department of Environmental Protection for Interim Approval to -- maintain stairs, a pier, ramp, and pike -bald floats -------------------------------------------------------------------------- and has submitted plans of the same, and whereas due notice of said application has been given to the -- Board of Selectmen -- of the Town of -- Yarmouth. NOW, said Department, having fully considered said application, hereby, authorizes the said -- Richard Bates --, subject to the provisions of 310 CMR 9.10, to -- maintain stairs, a pier, ramp, and pile -held floats ----- in and over the waters of -- Bass River -- in the Town of -- Yarmouth -- and in accordance with the locations shown and details indicated on DEP Interim Approval Plan No. 4215 (3 Sheets), original of which is on file in the office of said Department. The structures hereby authorized shall be limited to the following use: noncommercial docking and boating access to navigable waters. This Interim Approval is valid for 30 years from the date of issuance. If the affected property is transferred to a new owner, for 'valuable consideration, this approval shall expire one year from the date of transfer. This Interim Approval shall be void unless the same is recorded within 60 days from the date hereof, in the Registry of Deeds for the county of -- Barnstable - INTE= APPROVAL ONLY r iameDa" AEadam PAM W iCS444-{tQ99 U-11-15 10954 466175 Interim Approval No. 4215 Page 2 1.) In accordance with any license condition, easement, or other public right of lateral passage that exists in the area of the subject %: allo9vlylim the publicbetween the high and low water the LiOWWOO is the erooro9,ed of si�ah nis marks, to We freely over all structures within such intertidal area. Aaoordinll , the Licensee shall pleas and maintain, in good repair, a ladder and public accesssign oar loth the northerly and southerly sides of the pier authorized herein, adjacent to the mean nigh water shoreline. The ladders shall be oanstruated of durable materials, shall be fixed to the pier in such a manner so as not to rest on the marsh, shall have a miW== widtih of 2.0 feet, and shall have adequate railings extending above the pier decking in order to facilitate safe The e - The signs shall include any statement and/or logo specified by the UVartme»t and shall o se oanform to the Vat a aifica ions of the Waterways Regulation Program", as may be hereafter, A Lioeneee.10 copy of such written specifications is provided with this license, and an additional COW shall be kept in the Department's permanent license file IHo. 4233). 1Qothiag in this aondition shall be construed as preventing the Licensee frarm excluding the public from portions of said 'structure or property not intended for lateral passage. 2.) The floats ohs" I be taken out of the water and stored in a seaure upland location in the event a Hurricane is forecasted. 3.) The paro3eot authorised herein has been aoaapieted in aoanfa maiioe with the avaompan Liamse Plan. The issuance of this License, therefore, fulf Ile the Licensee's obligation to obtain it Certificate of Omplience pursuant to 320 CM 9.19. Please see Page a for additional conditions to this Interim Approval. OP109444-0080 94-11-15 IM 458175 Interim Approval NO. 4225 Page 3 1. Nothing is this Interim epps+ooval shell be so construed as to impair the legal rights of any person. 2. ASW ohaags iA We or aay etsaotural alteration of asy structure or Ml authorised bareiu shall require the issuance of a M tevaWe "Can". Any upanthorised dhanp in use or Wuntheriued structural alteration of Day struotwe or f it authorised harein. shall reader tbia Interim AppatoNal void. 3. TUG Interim 74VO MI autherisea atructure(s) and/or fill one $ Wavate Tidslande. In a000sdsaoe with the public eaaemeat that exiots by far on private tidelands, the licensee sba11 elllwr the polio to we and to peen freely upon tits area of the suWabt prapesty kving the bigh sad low rater t A*G, g of fiamar, forrllns, iiirgiifiii, and .the natural derivatives J(,.4aam=1tuaalCh Tidelands. The IACMaee shall not restrict the pnblio-* riot to use and to pees freely, for any lawful purpesa, tnoa leads lying seaward of the lox water miff. said lands are held in trust by alth Fos the ben it of tbo public. a Great pemd of the COMMOMMIth. The =dcaasee sbali not restrict the publieta right,to lawtulfreely t�M lauds IYIM seavew of the high crater mark ublew otberwLeee eono restriction an ��a eeely psosise ideddiin this Int�i�pysaval. obaU be �° d 4. WWD otheorrisea sly provided by tbis interim Approw", the licensee shall aot limit the hours of av&LUMUty of SEW areas of the sabject property designated for public MMMw swede onor �s�diewifte tote twee gla peaotbar est t the trucCusnan cm such � In a mmmaer that •.wrrrrrrr-ww--------r----------------w- - r----1 ----s---------------------- IN !11 ! B 9QM t B! Baia Department of Ravircumental Protection have hemmmo set their Mends this soma day of NOV"" in the year nineteen hundred ntn�6y=darn. • Ccmmiseioner `� Department of 2zvircnwmta1L Bection Chief Protection b )him day of , 19-ff before me peraonalIyy appeared as known to be the•perocn described in and rho e8ae s App� al—aand oakum]~ that he/she executed the r ._ O , my ammisswexpl3res on APPROVAL am OPIM44-Mi W11-15 10,54 OEB17S •.w..wwwJw �i"r,wwr-rw. r .r• n»-rrvr Waterways Interim Appraval No. 4215 Valess otherwise expressly provided in a license or other written authorisation of the Department, all required signage shall conform to the following specificationas as appl.icables 1. all signs shall utilize dutiable materials and methods of z. constructions a. the Licensee shall maintain and repair all signs in good condition at all times: 3. letter height shall be a minimum of 3/4-inchl 4. the siVs to be pl&*W on them0flabL24, pier or shall state the follow : Move ladders use for public lateral access aver this pier for the puspasfowling, and navigation, pursuant to base. Department of Daviroumoatal protecticu, Waterways License No. 4215, issued [datel.v. --��-----r•-rrr--------------------------------------------------- note to fdoessee: tbese specifications do not need to be recorded at your County Registry of Deeds. ' SP,09444-M 04-11-15 101S4 I6'6175 • gam' stairs pier ramp, • ,, Mr.� �r pile•he1� flow • �r,d arF D seer O06 4-,* tag *so a • all sue'°"" aui6orc� b pimp Lre— No93 h + 1 TM�N3 LOA 1 Scale e + 301 . NO 4215 ISO"" 1.mmov 4wlvem . Q Robe+ Ayc*.. �4) Louis Ni'ddnello r ram' PLAN VIEW R;c hard • Ba+45 29 Oys+er Cove Rd. S. yarmoA , MA Siatrs, piar, ramp, _ and 4 pile kU Moats ai' -%a e+d.OF 4 Cove. Road in Bass QIVer yarrmou`1 i 1 MIS Sit- 1 aF a (".. GPIM4+hM.WII-S 10I54 46611 ` . 3+0 •/ oZ %city / c ram• �prb11 1i CRISP ! MrA Ric lard Wes End amdeF10*4 ADMWW so Bass River A�loi�e 21 Oy4w Cove W. lermovfh = NiWnello S. yarmouON , MA APOIJOATMI W _ • ausr Doke a ais aw'moo+ +aN • ara� .rai AO bz' • . .. nUmp Vogul MONO 11-6 Cm or. t ti d�#t . Stiff P r " r J u SUM 16801 St-[i-M $SW_* &d9 ' *'S {��` y'F�R � rye: y tea'- . �� .� � 1. T N ML r� r• •r Iry :.' '16 p OF /milli I i I1: H Co Py Massachusetts Department of Environmental Protection Provided by MassDEP- Bureau of Resource Protection - Wetlands 063-2163 WPA Form 5 — Order of Conditions MaSSDFP File # BYLAW ONLY i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction� Yarmouth Please norer urstorm hss been modlled rash added space .0 accomT dme M Regizvy or Deeds RegWemems Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ Citylrown A. General Information Yarmouth i. From: Conservation Commission — 2 This issuance is for e. ® Order of Condit;ons b. ❑ Amended Order of Conditions (check one): 3 To, Applicant: ROSANGELA CALOIERO a. First Name b. Last Name c.Organization — __- 20 PERRY STREET d. htalling Address WATERTOWN MA e. Gty/Town f. State 4. Property Owner (if different from applicant). a- First Name AYACHT L!_C c.Organization 352 HARBOR DRIVE - d. Mailing Address �- NAPLES a. Cityrrown 5. Project Location: b Last Name 02472 9, Zip Code FL _ 34.10_3 _ i, State g. Zlp Code 59 OYSTER COVE ROAD (EASEMEND— Yarmouth a. Street Address b. Cityrrown 81 _ 20 M c. Assessors ap/Plat Number d. Pa' iWI.ot Number Latitude and Longitude, if known: 41d40m43.896s_ 70d10m10.416s d. Latitude e. Longitude rroarom & ooc • rev V1 023 pi-p l o Y } 4 Massachusetts Department of Environmental Protection PMVkM by MasaDtP: Bureau of Resource Protection - Wetlands _ 063 -2463MODEP WPA Form 5 — Order of Conditions Fee IV BYLAW ONLY i Massachusetts Wetlands Protection Act M.G.L. c.131, §40 eDEP Tram attica p Yarmouth A. General information (corlt.) a Property recorded at the Registry of Deeds for (attach additional information If more than one parcel): Barnstable a. Countir b. Cel"M to Number Of rammed rand} 34889 226 _ c.8mk d Po 7. Dates: 215=5 3120=25 4/712025 a. Damao! Intent Fled ' b.Mate Public Maarfng Cursed ' C. Oats-lsuensek� s. Final Approved Plans and Other Documerns (attach additional plan or document references as needed): See statement attached e. Plan nae b. Prepared By c~ Signed and Stamped by - -- d. MW Re Wa; Date r. AddftnW Dean or DOMMMA nue — g. Cate B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided In this application and, presented at the public hearing. this Commission finds that the areas In which work is proposed is significant m the following interests of the Wetlands Protection Act (the Act). Check all that apply: a. ❑ Pubtic Water Supply b. ❑ Land Containing Shellfish ` ❑Prevention of Pollution d. ❑ Private water supply e. ❑ Fisheries c ❑ Protection of Wildlife Habitat g. ❑ Groundwater Supply h. ❑ Storm Damage'Prevenadd i. ❑' F16 d Control 2 This Commission hereby Inds the project. as proposed, is: (check one of the following boxes) Approved subject to: a. ❑ the following conditions which are necessary in accordance with the performance standards set forth In tire wetlands regulations. This Commission orders that all work shall be perforated In accordance with the Notice of Intent referenced above, the folowing General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans. specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. rp540',e6. M•,firdl]Q02] Pap2013 4 Massachusetts Department of Environmental Protection Provided by MassOEP: Bureau of Resource Protection - Wetlands 083-2•163 WPA Form 5 — Order of Conditions BYLAW ONLY Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i5EP Transaction # Yarmouth cityrrown - B. Findings (cant.) Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent Is submitted which provides measures which are adequate to protect the Interests of the Act, and a Final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. a ❑ the information submitted by the applIcant is not sufficient to describe the site, the work, or the effect of the work on the interests Identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's Interests, and a final Order of Conditions is issued. A description of the specific information which Is lacking and why It is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a. linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. ❑Bank a. linear feel b, linear feel a linear feet dr [inear fear s. ❑ Bordering Vegetated Wetland 6. ❑ Land Under Waterbodies and Waterways 7. ❑ Bordering Land Subject to Flooding Cubic Feet Flood Storage 8 ❑ Isolated Land Subject to Flooding Cubic Feet Flood Storage 9. ❑ Riverfront Area Sq A within 100 ft Sq ft between 100- 200 ft a. square feet b. square feet c. square feet d. square reel a. square feet b. square feel c. square feet d. square Feet iT Fly dredged i. 69 dredged a. square feet b_ square feet c, square feet d. square feet e. cubic feet f. cubic feet g. cubic feet h. cubic feet a. square feat b. square feet c. cubic feel d. cublc feet e. cubic feet f. cubic feet a. total sq. feat e. total sq. feet C. square feet d. square feet a. square feet f, square feet g. square feet h. square feet 1. square feeF J. square feet wpdam"K - ref BFYM23 Pop 3 al t3 4 Massachusetts Department of Environmental Protection fsr WWW by MOSS EP: Bureau of Resource Protection - Wetlands 083-21163 _ .. WPA Form 5 — Order of Conditions f BYLAW ONLY P ONLY Massachusetts Wetlands Protection Act M.G.L. c.131, §40 abip Trarmidlan # ` Yarmouth Gtyrrom -- B. Findings (cunt.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below it. ❑ Land Under the Ocean a. Square reel b. squaws feet c. cfy dried$ed d. dy dredged 12. ❑ Barrier Beaches Indcate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coasts! Beaches p' - a. square iae� ti. squarefeel - a rmurfaiwwd d. nouriataeerst 14. ❑ Coastal Dunes w Yd G. square feet b. square feet rw ra erd d. nowf lvnent 15. ❑ Coastal Banks a. fleasr feet i dnear feel ie. ❑ Rocky Intertidal Shores 8. square feet b. square feel 17. ❑ Salt Marshes a sgtrara 1 b. square teat a siusre feet d. square feet is. ❑ Land Under Salt _ Ponds a s+u►e feel' b. square feet C. cly drad®ed if y dredged tg. ❑ Land Containing _ Shellfish a. square feet b. square feat c. square feet d. square feat 2o. ❑ Fish Runs Indicate size under Coastal Banks. Inland Bank, Land Under the Ocem and/or inland Land Under Waterbodies and Waterways. above a. olir dredged b. * ddrOd6ed 21. ❑ Land Subjed to _ Coastal Storm a. square feet b. aquare teal Flowage 22. ❑ Rlvertront Area a. total Sq. feat b. swl aq. isel Sq a within 100 R a -Z-- d. square feet e square feet f. square feel Sq t; I>ts sea 2001t g. square feet h. square feat - I. square feel j. squm'e f_eet .4Md2TLSA .MV#fM Ori Dew4017 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 083-2.163 WPA Form 5 — Order of Conditions MassDEP Pilele _ BYLAW ONLY j Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 . eDeP Transaction p Yarmouth Gryl7own B. Findings (cunt.) p el is ftar 23. ❑ RestorationfEnhartoement •: the purpose of restodns or a. square ieet or 8YW b. square feet of salt marsh enhancing a Welland 24 ❑ Stream Crossin 5 resource area 9( ): In addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings Ms been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section 6.5.c tBVVVJ or The following conditions are only applicable to Approved projects. 8.17.c (Salt Marsh) above. 1. Failure to comply with all conditions slated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the addltiona! 9 rY fy amount here. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. The work Is a maintenance dredging project as provided for In the Act; or b. The time for completion has been extended to a specified date more than three years, but less than five years, from the date of Issuance. If this Order Is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the Issuing authority at least 30 days prior to the expiration date of the Order. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance dale of the original Final Order of Conditions and the Order will expire on unless extended in writing by the Department. Any fill used in connection with this project shall be clean rill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. v.pa 5 d 13 Massachusetts Deparbnerrt of Environnental Protection r Mftd by MOUcE P. Bureau of Resource Protection - Wedands 083-2463 _. A WPA Form 5 — Order of Conditions Massachusetts Wetlands Protedon Act MAL c. 131, §40 BYLAW ONLY frUEPiranOacoani" Yarmouth _ �M+. C. General Conditions Under Massachusetts Wetlands Protection Act 8. This Order Is not final until all administrative appeal periods from this Omer have elapsed, or If such an appeal has been taker% until all proceedings before the Department have been completed. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted In the Registry's Grantor index under the name of the owner of the land upon which the proposed work Is to be done. In the case of the registered land. the Final Order shall also be noted on the Land Court Certiflcate of Title of the owner of the land upon which the proposed work Is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order. which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection' (or, WassDEPJ 'File Number 11. Where the Department of Environmental Protection is requested to Issue a Superseding Order. the Conservation Commission shall be a party to all agency proceedings and hearings before MessDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 13. The work shalt conform to the plans and special canditIons referenced in this order. 14. Any change to the plans Identified in Condition #13 above shall require the applicant to Inquire of the Conservation Commissbn In writing whether the change is significant enough to require.the filing of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and Inspect the area subject to this Order at nmeonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 18. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Omer. WPW&"d a•ur&WW pop poft3 Massachusetts Department of Environmental Protection Pmvided by MassDEP: Bureau of Resource Protection - Wetlands Mai-o46 Re>y WPA Form 5 — Order of Conditions BYLAW ONLY I Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction It Yarmouth City/rfmn C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 18. All sedimentation barriers shall be maintained In good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his1her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall Immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission. which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 19. The work associated with this Order (the "Project") (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ❑ is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, If applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain In place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post -construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: L all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation. Including removal of all construction period sediment trapped in inlet and outlet control structures; X as -built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; *WormS.aw -mv&7 023 Nge 7 of 13 Massachusetts Deparbnent of Envkonnm tal Probeedon Provided by ManDEP: Bureau of Resource Protection - Wetlands 0 WPA Form 5 - Order of Conditions Ll ma"� was # BYLAW ONLY Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 amp T mruacBon n s Yarmouth CWTOM C. Genera! Conditions Under Massachusetts Wetlands Protection Act (cost.) 1v. all post -construction stormwater BMPs are installed In accordance with the plans (including all planting plans) approved by the issuing authority. and have been Inspected to ensure that they are not damaged and that they are in proper worldng condition; v. any vegetation associated with post-conshiction BMPs Is suitably established to withstand erosion. c) The landowner is responsible for SMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement COW Statement) for the Stomwve er BMPs Wentiying the party responsible for implementing the storrmwater BMP Operation and Maintenance Plan VO&M Plan') and certfying the following: i.) the O&M Plan is complete and will be Implemented upon receipt of the Certificate of Compliance, and 11.) the future responsible parties shall be notified to writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Posl-construction pollution prevention and source control shall be implemented in accordance with the Iongderm pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Mulls -Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the Issuing authority a legally binding agreement of record. acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP. and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 19(f) through 19(k) with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 19(f) through 19(k) with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater SMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stomwmter BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs In accordance with the design plans, the O&M Plan. and the requirements of the Massachusetts Stormwater Handbook. ,gdmafSOx •roretivS0s7 n>sp. ed is Massachusetts Department of Environmental Protection tamed byMmDEP: ' Bureau of Resouroe Protection - Wedands 083-2-163 WPA Form 5 —Order of Conditions MaSSDEPF9a S BYLAW BYLAW ONLY j Massachusetts Wetlands Protection Act M.G.L. c.131, §40 _ eDEPTO aft 0 Yarmouth uom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall Indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ('Commission) upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and Impact the site to evaluate and ensure that the responsible party Is in compliance with the requirements for each BMP established In the O&M Plan approved by the Issuing authority. h) Ali sediment or other contaminants removed from stormwater BMPs shah be disposed of in accordance with all applicable federal. state. and local taws and regulations. 1) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved In the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious are for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stommeter Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shah not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include agates and shah be at least six Inches above grade to allow for wildlife passage. Special Conditions (If you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CHAR 10.05(11), the applicant shall also Implement the monitoring plan and the restoration plan submitted with the Notice of Intent. if the conservation commission or Department determines that the Test Project threatens the public healtk sarely or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. d=•raa moon vers s a 13 4 Massachusetts Department of Environmental Pnoteation PF0VkWbyUaUW. Ll� Bureau of Resource Protection • Wetlands 083-2163 WPA Form 5 - Order of Conditions IwofY Massachusetts Wetlands Protection Act MAL c. 131. §40 eWP Transadlon # D. Findings Municipal Wetlands Bylaw or Ordinance i. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Yarmouth hereby finds (check one that applies): C.o�ervatlai CAmn�Or+ .. . �. -- a ® that the proposed work cannot be conditioned to meet the standards set forth In a municipal ordinance or bylaw, speoificatly: Yarmouth Wetqrtds B aw der 143 K a; lPal ordlnerice or Bylaw 2. CNallon Therefore, work on this project may not go forward unless and until a revised Notice of Intent Is submitted which provides measures which are adequate to meet these standards, and a Final Order of Conditions Is Issued. b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1. httaddpaf w . - 2. Mailen 3. The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or dtffer from the plans, specifications. or other proposals submitted with the Notice of Intent the conditions shall control. The special conditions relating to municipal ordinance or bylaw are as follows (If you need more space for additional conditions, attach a text document): See attached statement of finder and determinations +1.��x•wrs�nots ftP,oa 13 WPA FORM S-ORDER OF CONDITIONS 083-2463 Rosaagela Calolevo 59 Oyster Cove Road Easement L Statement of Findlugs Vuder Municipal Wetlands Bylaw: Yarmouth Wetland By -Law, Chapter 1433 The proposed work cannot be conditioned to meet the standards set forth in Yarmouth Wetland protection Regulations. Approval would require variances to five of the regulations at 3.01 (7.11.12s, 12d. and 13k 3.01(7) (7) the base of the pier must be as close as Possible to the center litre of the lob and p vject oumw cis at an angle as nearly perpendicular to the shoreline as passible The base of the pier is proposed at the extreme north end of the lot. 3 01(11) The water depth at the seawa d side of the dock and assoclated floats shall be no less than 3 feet at Mean Low Water (MLW), and this minimum depth must be available between the proposed structure and navigable channels during MLW, The depth of water on the landward side ofthefloatshall be no less than 2112feeL No new dock/pier with or uithout afloat shall be located in an area that does not meet the minimum 371bot nester depth without dredging. Boat 191s must meet the 3-foot minimum nester depth at MLW at the point on the 1#1 where the boat would enter the swenmpt the furthest seawwrd portion. The seaward side of the proposed float is stated to have 1.5 feet of water depth at MLW, which does not meet the water depth requirement at the farthest point of the dock without dredging as required in the above section 3.01(11) of the wetlands protection mgulati*nL The rquired 2.5 feet of depth is also not available on the landward side of the structure at MLW. (12) M nr pmposed docks, piers and floats (as defined In thew regulations) will not he allovvvd within (a) 7$ feet. ofat(jacent dockr. piers andiloats. with the exception marinas. (b) I00feet ofa ountable channel or boar mooring, W 250 feet, from a public boat ramp, public landing, or public swimming Brach. (d) No near pier or float syetesm shalt be located ciaser at arty point than 25 jeer to a property line, except fora pler jotmly onvred and ured by 1 or more contiguous shorefront Properties, ar written Permission from the abutters !s obtained in order to minimise environmental impacts such as the need for dredging. The 25 foot setback shall be meanard firm the outermost property lines of the applicable prnpertles The proposed pier is located 48' from the existing permitted dock to the south and proposed within 10 feet of the property line to the north. The owner of the adjacent property to the north opposes this project. (13) Where the profeax Includes the use of floor. the combbW size of all floats shall be consistent with the impact of the entire project on the protected values at the site. but not greater than 200 square feet with the exception for Common Shard -use" Dock/Pler proposals that mar not exceed 300 square feet. Starndarrls shall he set for yacht clubs, association marinas, governmental piers or public and private marinas on a case,* -case bases. A permitted dock already exists on this property. The float limit has been reached by this existing dock. I No deltibersdons and no vote were taken under the WPA as the applicant filed an SOC petition on March 6, 2025, the date the Commission's public hearing was scheduled. Page 108 of 13 WPA FORM S-ORDER OF CONDITIONS 083-2463 Rosangela Calafero 59 Oyster Cove Road Easement 11. Yarmouth Conservation Commission Determinations - As noted above, the project does not comply with the standards set forth in the Yarmouth Wetland Protection Regulations. particularly Section 3.01 (7,11,12a,12d. and 13). Accordingly it is not appr+ovable without 5 variances. Section 7.01 of the Yarmouth Wetland Protection Regulations provides: The Conservation Commission may at its discretion. waive one or more of these regulations when the proposed work potentially represents a significant ecological improvement when compered to existing conditions. or will not adversely affect any areas subject to the protection of these regulations. In addition. the Conservation Commission may, at its discretion, waive one or more of these regulations when there is an overriding public benefit or safety issue at hand and there is no feasible alternative to the proposed work The applicant has provided no evidence or argument that the project poses a significant ecological improvement when compered to existing conditions, or will not adversely affect any areas subject to the protection of these regulations. The applicant has provided no evidence or argument that there is an overriding public benefit or safety issue at hand and there is no feasible alternative to the proposed work. As noted above, a permitted dock already exists on this property. The float limit has been reached by this existing dock Ill. Yarmouth Conservation Commission Decision: Due to the above 5 variances to the wetlands regulations required. the Yarmouth Conservation Commission voted to deny the application. No work shall be performed on this project. Page 10b of 13 Massachusetts Department of Environmental Pm-kkd b.% \kacs1*11: Protection MusM F!e M. SE83-2463 BuR-au of Resotiree Protection - Wetlands eDEPTraonaetim #:{89Mq 1&q j QUJ e WPAForm S- Order ofConditions OnlI Mill-WI►msettx Wetland+ I'nnextion Art M.G.C. c 13 I. §41) E. Signal u res This iInter k %aiiJ fur that )cart fault the thwk of issuanex. tmIg%%athrn%ix ,gw-virm'd pursuant to General Condition 94. If this is an •\mevkk-J CInkr of zo Z Cooditituts. the AmenJod ("-r expire-c own the same "w: as the original i Irder tit' I. Date of Iriginal (Irder Conditions. Please indicate the number of mcinNn alttt gill sign this lion. Ibis Order must he sips J h% a majwuity ofthe Ctnumalitui t'ommissit+n. 3. Number of Siprters I he Order must he maikd h; eemilkd mail (R9urn weipt rewiuv%it-dl t►r hand delh eroj its tin applicant. A et►py alatt must lk audi -d or 1MiJ &M%o. d at the :calm linty to the uppritpriatr IXTorlivwnt of tin% in►rtnientrl 1'nitet.'tion Regional Office. if not Kling chvirunieally. and lhr pn+i►ert. oanor. if Jiffmml faun applicant. l+y hanJ Mier% cut Iiow: F. Appeals 1" M etirti1kJ mail. return mv0pt reyuciu.- 1. rue !late K MU26 I he applicant. iltc o%%ner. any pew -Ain aggrie% cd I+y thi% I Inlet. any tmaocr of land abutting the land .uhiect low thi, Order. t+r an► (cn city or loan in ahkh wilt laird i% kwalwq arc here9oy notitioid of their right tt+ ecytkwst IN appnipri tte \laSA II:P Rettit» ial 4 Mice tow iaxtu a tiuperxtlint (Aikr of t iondituons. I he wquevt must he niaJe h% renilkd mail f or hand Jcli%er) two ilk- Ih1wartment. a ith ilk- alilut+priate liiirtu tew and a %ximplcled lieliticr't Gir Ikp:ptoiaiul .\cri.ui tee 1 nuistliiltal 1 t+r1n. as pro►%iJwd in "Ill ('\IR Ill file ; I %within 1e9% huvinew. da%. I'ronn the date ut' aswal►et' eftlik I IrJer. \ eotp► ot'tlic n-yue:t ales11 al the wne time be %cell h, eertitied mail .or hand Jcliw en tit the I on,er%anon UmuniNsput and lot the applicant. if lie vhc k mot the apiwellaul Any appellants .wking to aWAI tln Ifepaninent'r Suiierteding t Inter axsttriated with this apinal %will he nyuived low JenwitlMrate prior participation in the re+ ien% of Ilik prt!iwi. l4vw, iottie panicip.ui+on in the permit iuue%Wing mans the .tihmi- roll t►1'millen oil'sonnatwil to, the I. oimcrtatiotn ('tomink-ittn pc isle' t.t the rlttw t+f the ptilshe hearing. re.itie:Iini a Superseding Order. Ur pno%iding %writtot ini'trmatptrt [to the Iki ailment prioor too i..uranec nl'a %uper+gwling 1lyde+ 1Ite nviuest .hall blare clearly .end «onci%%1y tits sthlee'tiotnK Its the Onler %which t< hying appe:ikd atilt hu%% tin ( inter dtv:. not aintrillutc to the pmtgetion of the inter-ta idenlilied in like Mamichaw-11% %\ etlaihis l'n+tertion Ad I MALL. c. I.M. j 401. and is inetwd'1e111 with the MOIJUVJs reguh--116111s I :Ill C ,NIR li1OOL (n tin emvil lhai the ( lyder is Rased sort a municipal su%linanee i+r by la%%. and not own the Mamsschu-mi% 1% eiland,•t l'niteeliswn •\et or reguiathon%. the 1XIvnmeni has no anvil ue jur6dictitnw. G. Roeortilnir Information I'hic 1 Iroler tofConJit➢otoN must I+e rector" in the Regian aflhv& yr the I onJ Coaurt fi•r the Ji,trki in %which the land is located. within Ille chain nftitic+oftltc ali'mteKi pntpert.,-. In Ilk- ease oil rctit.rJed Lind. the I•inat Order shall alus hr Iu+tuM in the iteyi.tn'a Grantor lode:% uttJer the iranie tofdte owner to the land suhjeel tow the I Kier. In the ►ax of regiaered land. this t )rdrr "I alao he noted two the Land Court Certificate tol' I itic of the tow ner oftlic land Pagel{ of 1!t' FI.Ft'TRO\Ik' C'OI'1' Massachusetts Department of Environmental Protection PmWded by M9830M Bureau of Resource Protection - Wetlands 083-2463fii"__ WPA Form 5 Order of Conditions P BYLAW ONLY Massachusetts Wetlands Protection Act 131, §40 eo>� Trannabn a LlM.G.L.c. a Yarmouth tam+ F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town In which such land is located, are hereby notified of their right to request the appropriate MassDEP Regional Office to Issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing tee and a completed Request for Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of Issuance of this Order. A cry of the request shall at the same time be sent by cs3rtified mail or hand delivery to the Conservation Commission and to the applicant, If he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written Information to the Conservation Commission prior to the dose of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. The request shall state dearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the Interests identified In the Massachusetts Wetlands Protection Act (M.G.L. c.131, § 40), and is Inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Omer is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. wpafeneaaoe • n+VVAn ftp 12 0113 0 Massachusetts Department of Environmental Protection proceed by ru mDEP: Bureau of Resource Protection - Wetlands M-24W �. WPA Form 5 - Order of Conditions MOUDEP HLY BYLAW { Massachusetts Wetlands Protection Act M.G.L. c.131, §40 ebwTmnsw lonT Yarmouth 0wrown - G. Recording Information Prior to Commencement of work, this Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the disirfct in which the land is located, within the chain of tide of the affected property. In the case of recorded land, the Final Order shall also be noted to the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Cerftxde of Title of the owner of the land subject to the Order of Conditions. The recording information on this page shall be submitted to the Conservation Commission listed below. Coraentauon Coi mWon Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Conmevyatkn- Commis" Please be advised that the Order of Conditions for the Project at: Projeci I.ocascn - — iManOW Piro Humber Has been recorded at the Registry of Deeds of. Book for and has been noted In the chain of tide of the affected property in: pap Ina rdence with the Order of Condhtons issued on: Date If recorded land, the Instrument number identiMM this transaction Is: InadumeM Num5ei ' - If registered land, the document number Identifying this transaction is: Doarme Number 817Mwe9APIAIM4 wparaausaoe • n+arY� Pao! 13 0113 4 EXHIBIT H L COPY ` Massachusetts Department of Environmental Protection pEP Re Number: Bureau of Resource Protection - Wetlands - 1 WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland By -Law, Chapter 143 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Yarmouth _ draft 3126/2025 computer, use Conservation Commission {Issuing Aulhority) revised and ratified 4/17/2025 only the lab key to move To: your cursor - do not use the Rosangela Calolero and AYACHT LLC return key. Name of Violator --�- 29 Oyster Cove Road (COA 20 Perry St,- Watertown MA 02472) and 59 Oyster Cove Road t° Address 1. Location of Violation: I� AYACHT LLC Properly Owner (if diflerent) 59 Oy-ster Cove R_ oa_ d . Sheet Address - - - South Yarmouth 02673 Cily(rown Zip Code 81 20 Assessors Map/Plat Number ParcellLot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): 1. Failure to Comply with Enforcement Order issued on 1/5/2024. 2.Ongoing unpermitted activity within a resource area: Dock in land under the ocean, land containing shellfsh,coastal beach, salt marsh, and coastal bank B. Findings The Issuing Authority has determined that the activity described above is in a resource area and/or buffer zone and Is In violation of the Wetlands Protection Act (M.G L. c. 131, § 40) and its Regulations (310 CMR 10.00) and Yarmouth Wetland protection Bylaw Ch. 143, because: ® the activity has beentis being conducted In an area subject to protection under c. 131, § 40 and Ch.143 or the buffer zone without approval from the Issu;ng authority (i.e., a valid Order of Conditions or Negative Determination) - pa" 1 of 4 } Massachusetts Department of Environmental Protection ��-- Bureau of Resource Protection - Wetlands °� rate s`""�" WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town of Yarmouth Wetland BtLaw, Chapter 143 B. Findings (cont.) ❑ the activity has beeNis being conducted in an area subject to protection under c.131, § 40 or the buffer zone to violation of an issuing authority approval (i.e.. valid Order of Conditions or Negative Determination of Applicability) Issued to: Nam Re Number -- ' — - '-_ — Condition n nbaKs) - — ❑ The Order of Conditions expired on (date): ❑ The activity viatates provisions of the Certificate of Complianoe. ❑ The activity is outside the areas subject to protection under MGt Q131 s.40 and the buffer zone, but has altered an area subject to MGL c.131 s.40. ❑ Other (speGf y L C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents. permittees. and all others shall immediately cease and desist - — - from -any acOw4t affecting the Buffer Zonrandlorresource-ereas — ® Rescuroe area alterations resulting from said activity shall be corrected and the resource areas returned to their original condition. ❑ A restoration plan shall be filed with the Issuing authority on or before Dais for the following: The restoration shall be completed to accordance with the conditions and timetable established by NPOOM r-ft-WV6"W= P"s2a4 Massachusetts Department of Environmental Protection Bureau of Resoume Protection - Wetlands ni:P nee s'�ibar. WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c.131, §40 Town of Yamnotlth Wetland B w Cha 143 C. Order (cont.) ❑ Complete the attached Notice of Intent (NOI). The NOI shall be tiled with the Issuing Authority on or be#ore: Date for the following: V No further work shall be performed unia a public hearing has been held and an Order of Conditions has been Issued to regulate said work. ® The property owner shag take the following action (e.g.. erosionlsedimentatlon controls) to prevent further violations of the Act: Fallowing new NOI on 2.5.2025 resulting In an OOC dated 4.7.2026 under the bylaw denying permission to keep(rebuild the dolt, removal of the entire dock stricture is required by June 15. 2025. Attendance is required at the April 17, 2025 Conservation Commission meeting at 5pm In the Town Hail Hearing Room at 1146 Route 28 Yarmouth MA to discuss the matter. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131. Section 40 provides: Nftever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by Imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shag be subject to a civil penalty not to exceed twenty-five thousand dollars for each vialWo ". Each day or portion thereof of continuing violation shall constitute a separate offense. D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Britton Name DiRienxo -- -r. - — 508 390 2231 ext 1288 Phone Numiser-- M-F 8.30 to 4prm Issued by: Yarmouth Consanratfon Coaardasioa — - - .'— Conservation Commission signatures required on following page. ww�,osaoe• rWsnae= Pap 3 ota Massachusetts Department of Environmental Protection DEP File Number. ��--- Bureau of Resource Protection - Wetlands !� WPA Form 9 — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town or Yarmouth Wetland By -Law, Chapter 143 D. Appeals/Signatures (cons.) In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Yarmouth Conservation Commission Signatures - Signature Signature n ` 5ignaiura Signature signature Signature Signature Signature 70 iq z Ix wo q Kl44 21)TY AI'oI%G 7u! z zp 0004VJS5� co Signature of delivery person or certified mail number Qk &oz S Printed Name it, N. Printed N e GCS t7f �U.�f Prilleyd�Name 1r, 71L r% S ro�L Printed Name , GA Printed Name Printed Name Printed Name w;Wwm90 ex • rovS15=13 Na9r 4 a 4 DOCKET NUMBER IMassachusefts Trial Court CIVIL ACTION COVER SHEET Superior Court COUNTY Barnstable Superior Court (Barnstable) Plaintiff Rosangela Calolero Defendant: Yarmouth Conservation Commission ADDRESS: 20 Pony Street, Watertown, MA 02472-1049 ADDRESS: 1146 Route 28, South Yarmouth, MA 02664 Plaintiff Attorney; Brian J. Wall. Esq. Defendant Attorney: ADDRESS: 90 Route 6A, Sandwich, MA 02563 ADDRasS: 980: 560063 813M TYPE OF ACTION AND TRACK DESIGNATION (see instructions section on next page) CODE NO. TYPE OF ACTION (specify) TRACK HAS A JURY CLAIM BEEN MADE? E03 Certiorari Action; G.L. c.249, s. 4 X YES ® NO 'If "Other" please describe: Is there a claim under G.L. c. 93A? Is there a class action under Mass. R. Civ. P. 23? YES ® NO ❑ YES ® NO STATEMENT OF DAMAGES REQUIRED BY G.L. c. 212, § 3A The following is a full, itemized and detailed statement of the facts on which the undersigned plaintiff or plain ff's counsel relies to determine money damages. (Note to plaintiff: for this form, do not slate double or treble damages; ndicate single damages only.) TORT -CLAIMS A. Documented medical expenses to date 1. Total hospital expenses 2. Total doctor expenses 3. Total chiropractic expenses 4. Total physical therapy expenses 5. Total other expenses (describe below) Subtotal (1-5): $0.00 B. Documented lost wages and compensation to date C, Documented property damages to date D. Reasonably anticipated future medical and hospital expenses E. Reasonably anticipated lost wages F, Other documented items of damages (describe below) TOTAL (A-F): $0.00 G. Briefly describe plainlifrs;njury, including the nature and extent of the injury_ CONTRACT CLAIMS ❑ This action includes a claim involving collection of a debt incurred pursuant to a revolving credit agreement. Mass. R. Civ. P. 8.1(a). Item # Detailed Description of Each Claim Amount 1. Total Signature of AttomayfSelf-Represented Plaintiff: X Date: 7 16 20Z RELATED ACTIONS: Please provide the case number, case name, and colw& of any related actions pending in the Superior Court lRosangiela Caloiero v. Yarmouth Conservatson Commission Barnstable Superior Court Docket No. 2472CV00067. CERTIFIC81MQ UNDER S.J.C. RULE 1;18(5) 1 hereby certify that I have complied with requirements of Rule 5 of SuPpfCe Judi I Court Rule 1;16; Uniform Rules on Dispute Resolution, requiring that I inform my clients about courts:onnecled dispute resolution services and discuss with them th vanla s and is v lage f MM methods of dispute resolution. Signature of Attomey: X Date: May 16, 2025 SC0001.02124 www.mass.govUs Dalerf-ime Printed;05-16.2025 12:23:53 DOCKETNUMSER CIVIL TRACKING ORDER I (STANDING ORDER 1- B8) 2572CV00208 Trial Court of Massachusetts & The Superior Court CASE NAME: Susan L. Moran Caloiero, Rosangela vs. Yarmouth Conservation Commission Barnstable County Ta Brian J Wall, Esq. Troy Wall Associates 90 Route 6A Sandwich, MA 02563 COURT NAME & ADDRESS Barnstable County Superior Court 3195 Main Street Barnstable, MA 02630 TRACKING ORDER - X - Accelerated You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1-88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. SERVED BY FILED BY HEARD BY Service of process made and return filed with the Court 08/14/2025 Response to the complaint filed (also see MRCP 12) 05/18/2026 All motions under MRCP 12, 19, and 20 All motions under MRCP 15 All discovery requests and depositions served and non -expert depositions completed All motions under MRCP 56 Final pre-trial conference held and/or firm trial date set Case shall be resolved and judgment shall issue by The final pre-trial deadline is not th# sch2dilled date -of the conference. You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to DATE ISSUED I ASSISTANT CLERK 0511612025 PRONE (508)375-M4