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HomeMy WebLinkAboutRe_ Yarmouth - 5 New Hampshire Ave. - unpermitted workAttention!: 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. From: To:Jerolimo, Joseph Cc:DiRienzo, Brittany Subject:Re: Yarmouth - 5 New Hampshire Ave. - unpermitted work Date:Tuesday, July 14, 2026 5:49:55 PM Hi Joe: We will discuss with Down Cape Engineering and get back to you and may apply for a Notice of Intent with Conservation. This is a cosmetic wall that is built on the existing driveway for the most part. Thank you. Shrinath On Tue, Jul 14, 2026 at 1:16 PM Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> wrote: Hello Shrinath, Thank you for meeting me earlier today to discuss the retaining wall and mitigation plantings at 5 New Hampshire Ave. I spoke with my colleague, Brittany, to confirm a few things we discussed. See my notes below: Regarding the retaining wall: You may attempt to file for after-the-fact approval of the retaining wall. This will require a Notice of Intent, which, as discussed, would require professionally prepared plans. However, our regulations actually do not allow walls within the flood zone at all. That means you would have to request a variance as part of the NOI. It is very unlikely that the Commission will grant a variance because, as we discussed, the wall serves as a flood barrier. The most likely outcome is that you will have to remove the wall. Regarding the open orders: The mitigation plantings seem to be doing well, but the open order of conditions cannot be closed, and the COC will not be issued until the retaining wall is removed (or permitted). Additional mulch should not be added to the mitigation area. Regarding the sprinklers: As a reminder, outdoor water use is restricted due to the drought. Only hand-held watering of flower gardens and ornamentals is allowed at this time. To summarize, you may file an NOI to attempt to get approval for the wall, but there is a strong chance you will be denied. In that case, the next steps would be to remove the wall. Once that has resolved, you can request a COC to close the open permit. Please let us know if you intend to file an NOI. If not, please confirm when the wall has been removed. Feel free to contact us with any questions. Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Regards, Joe Jerolimo Conservation AgentTown of Yarmouthjjerolimo@yarmouth.ma.us508-398-2231 x7007 From: Shrinath Narahari < Sent: Monday, July 13, 2026 4:10 PM To: Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> Subject: Re: Yarmouth - 5 New Hampshire Ave. - unpermitted work Hi Joe, Great, thanks. I will see you tomorrow at 12 noon. Sooner around 11 will also work. Best regards, Shrinath On Mon, Jul 13, 2026 at 1:50 PM Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> wrote: 12 noon tomorrow should work for me. I have two other meetings scheduled in the morning, so I’ll email you if I’m running late. Regards, Joe Jerolimo Conservation AgentTown of Yarmouthjjerolimo@yarmouth.ma.us508-398-2231 x7007 Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. From: Shrinath Narahari < Sent: Monday, July 13, 2026 1:10 PM To: Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> Cc: DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us>; Shyla Shrinath < Subject: Re: Yarmouth - 5 New Hampshire Ave. - unpermitted work Hi Joe, Would it be possible to come by around noon tomorrow? I'll be there, and the mason will also be on site working on the veneer. Thanks, and I look forward to seeing you. Best regards, Shrinath On Mon, Jul 13, 2026 at 11:34 AM Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> wrote: Hello Shrinath and Shyla, Thank you for the quick response. If the only work is adding veneer to the wall, then no permitting is required with Conservation. However, if the wall is being expanded in any way or ground disturbance and fill are proposed, you will need to file a Notice of Intent. With your permission, I could do an inspection tomorrow around 9:30-10am to confirm the work being done and assess the plants. Typically, the mitigation plantings will be inspected once the Certificate of Compliance is requested, and the request must be made after a substantial number of the plantings have survived for two growing seasons. If the work has been completed in compliance with the Order of Conditions, please follow the Administrative Checklist and fill out Form 8A - Request for Certificate of Compliance. The forms and fee schedule can be found at https://www.yarmouth.ma.us/696/Filing- Forms-and-Information. Please note that the Order expired on 8/19/2025, so the fee to request the COC will double after 8/19/2027. The approved plan for this Order was prepared by Down Cape Engineering and stamped by Dan Ojala, a registered professional engineer and land surveyor. A written statement by such a professional certifying substantial compliance with the plans approved in the Order (and/or describing deviations, if any exist, from the plans) must accompany the Request. A stamped as-built plan showing the existing site conditions is also required under the special conditions of the Order. If you would like to review your property’s Conservation records, they can be found online at https://lf.yarmouth.ma.us/WebLink. Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Please submit the Administrative Checklist, completed Request for COC, certified professional statement, stamped as-built plan and the filing fee to the Conservation Office. An electronic copy of the entire application must also be submitted by emailing jjerolimo@yarmouth.ma.us and bdirienzo@yarmouth.ma.us. The Commission will review and vote on the request at a scheduled meeting. If the request is approved, a Certificate of Compliance (COC) will be issued to you, which will need to be recorded at the Barnstable County Registry of Deeds to officially close out the permit. Thank you for your attention to this matter, please let me know if you have any additional questions about the process. Regards, Joe Jerolimo Conservation AgentTown of Yarmouthjjerolimo@yarmouth.ma.us508-398-2231 x7007 From: Shrinath Narahari < Sent: Monday, July 13, 2026 10:48 AM To: Jerolimo, Joseph <JJerolimo@yarmouth.ma.us>; DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us> Cc: Shyla Shrinath < Subject: Re: Yarmouth - 5 New Hampshire Ave. - unpermitted work Dear Joseph and Brittany, We are writing in response to your inquiry regarding the property at 5 New Hampshire Avenue. Regarding the plantings required under the Order of Conditions (OOC), all of the required work was completed immediately after the house was built. While some of the original plantings did not survive, they were subsequently replaced. Please let us know when the property can be inspected to confirm compliance with the planting requirements. Regarding the wall, it is approximately two feet high and consists of a decorative front veneer designed to enhance the appearance of the property while also providing space for landscaping. Following the significant storm in December 2023, we also wanted to reduce the pooling of water in the front patio area. At the time, we were under the impression that no additional permits were required. We consulted with several contractors, who advised that because the wall is low and non-structural, a permit would not be necessary. The wall does not impede underground water flow, and the area beneath the decks consists entirely of gravel. If a permit is required for this work, please let us know the appropriate process for obtaining one. We would also appreciate your guidance on the steps necessary to properly close the expired Order of Conditions. Thank you for your time and assistance. We look forward to your guidance on resolving these matters. Best regards, Shrinath and Shyla On Mon, Jul 13, 2026 at 9:54 AM Jerolimo, Joseph <JJerolimo@yarmouth.ma.us> wrote: Hello, The Yarmouth Conservation Commission has recently been informed that there may be unpermitted work occurring at your property at 5 New Hampshire Avenue (see forwarded message below). Our files indicate that you have an expired Order of Conditions (OOC), and no recent requests for work. It also appears that plantings were required under this OOC, and it is unclear if these were ever planted. This expired OOC must be closed properly by requesting a Certificate of Compliance. Working without proper approval from Conservation, failure to comply with an OOC and failure to obtain a Certificate of Compliance are all potential violations. Please contact this office to discuss. Regards, Joe Jerolimo Conservation AgentTown of Yarmouthjjerolimo@yarmouth.ma.us508-398-2231 x7007 From: Sent: Thursday, July 9, 2026 2:47 PM To: Jerolimo, Joseph <JJerolimo@yarmouth.ma.us>; DiRienzo, Brittany <BDiRienzo@yarmouth.ma.us> Subject: Wall Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Sent from my iPhone