HomeMy WebLinkAboutPublic Comment email Conservation Commission, December 3, 2024 Hearing, Enforcement Order 111 Sunset LaneFrom: Karle, Darcy
Sent: Monday, December 2, 2024 2:55 PM
To: Cavanaugh, Kimberly
Cc: Tom Lee (tlee@horsleywien.com)
Subject: FW: Public Comment, Conservaon Commission, December 3, 2024 Hearing,
Enforcement Order 111 Sunset Lane
Aachments: [A] page 5, WPA Form 5, doc 1,361,001, 111 Sunset Lane, Dec 17, 2018, WPA
Form 5, permit SE3-5625.pdf; [B] 221021, 111 Sunset Lane, Land Court
Judgment.pdf; [C] 1946 DECREE of REGISTRATION, Land Court plan 17933,
.pdf; [D] 12_03_2024 Meeng Materials.pdf; [E] 17933-H sheet, Lot 202
highlighted L.C. Plan 7251973.pdf; [F] 181204, 111 Sunset Lane, full WPA
Form 5 - Order of Condions.PDF; [G] 111 SUNSET LANE, CERTIFICATE OF
TITLE search.pdf
Importance: High
HI Kim,
If you have not already done this, please make sure the Public comment and aachments gets to the
Commissioners and copy the file (make and enforcement file for tomorrow). I will send a copy of the
enforcement order for the Laserfiche materials as well for you to put in.
From: densieski@aol.com <densieski@aol.com>
Sent: Monday, December 2, 2024 10:46 AM
To: Quirk, Ann <Ann.Quirk@town.barnstable.ma.us>; Karle, Darcy
<Darcy.Karle@town.barnstable.ma.us>; Cavanaugh, Kimberly
<Kimberly.Cavanaugh@town.barnstable.ma.us>
Cc: Penn, Felicia <Felicia.Penn@town.barnstable.ma.us>; Bloom, Charles
<Charles.Bloom@town.barnstable.ma.us>; Anthony Densieski <densieski@aol.com>
Subject: Public Comment, Conservaon Commission, December 3, 2024 Hearing, Enforcement Order
111 Sunset Lane
Ann Quirk, Town Clerk
Darcy Karle, Conservation Administrator
F.P Tom Lee, Chair Conservation Committee
Kimberly Cavanaugh, Staff Conservation Committee
November 29, 2024
re: Public Comment, Conservation Commission December 3, 2024 Hearing
Enforcement Order, 111 Sunset Lane
Dear Ladies and Gentleman:
The 111 Sunset Lane Order of Conditions was approved based on negligent actions
on the part of the applicant, either accidental or intentional, in choosing the data
presented in the Notice of Intent and submitted to the Conservation Committee.
The 111 Sunset Lane court trial 19-MISC-000013 then confirmed this negligence in
its proceedings.
=
Land Court declared the Order of Conditions violated the Wetlands Protection Act
pursuant to WPA Form 5, General Conditions, … 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 … [see A]
On October 21, 2022, Land Court issued a Judgment against 111 Sunset Lane. [see
B]
The Judgment stated:
…ORDERED, ADJUDGED and DECLARED on Count I of the Amended Complaint
that the flagpole, the lawn and the proposed artificial dune on Lot 202 interfere with
the
Plaintiffs' easement rights; … [see B1]
Effective October 21, 2022, the Land Court ceased recognizing the December 4,
2018 Order of Conditions for 111 Sunset Lane.
=
Land Court Judge Roberts, in the Memorandum Of Decision for the 111 Sunset Lane
case stated,
… 61 The Commission issued an order of conditions on December 4, 2018 (“Order
Of Conditions”), recorded in the Registry District as Document No. 1,361,001…
… 62 The Order Of Conditions approved the Dune Project, subject to conditions…
… 63 Among other things, the Order Of Conditions “does not grant any
property rights or any exclusive privileges; it does not authorize any injury to
private property or invasion of private rights.”
The private rights, easement.
November 29, 1946, Land Court issued a Decree of Registration for subdivision plan
17933 . [see C]
The Private rights are noted on page 3 of the Decree of Registration. [see C1]
Barnstable Registry of Deeds recorded the Decree of Registration as both:
document 19184, [see C2]
and also as Certificate of Title 8594. [see C3]
=
There were no 111 Sunset Lane-Enforcement Order meeting materials included with
the other December 3, 2024 hearing materials available through Laserfiche. [see D]
Without being supplied the enforcement order I can only assume the Conservation
Commission has determined that the activity which warrants the “Failure to Request a
Certificate of Compliance” form is either:
… The activity violates provisions of the Certificate of Compliance …
or
… Other (specify): To enter the October 21, 2022 Land Court Judgment into the Town
legal records for trespass of the “Bathing Beach” which includes Lot 202 and
subdivision plan 17933-H . [see E]
The justification that the project approved by the Certificate of Compliance has never
commenced is the October 21, 2022 Land Court Judgment, 111 Sunset Lane court
trial 19-MISC-000013 and a Land Court issued injunction.
Therefore the December 3, 2022 Conservation Commission Agenda Enforcement
item should be focused on instructing staff to obtain an ORDER OF DISSOLUTION to
revoke the 111 Sunset Lane Order Of Conditions, recorded as document 1,361,001.
[see F]
The recorded ORDER OF DISSOLUTION would conform the Barnstable Town legal
records with the Land Court October 21, 2022 dated Judgment, already recorded as
document 1,477,326 in the Barnstable Registry of Deeds, Certificate of Title records.
[see G]
Sincerely,
Anthony Densieski
cc: Felicia R. Penn - President, Town Council
cc: Charles R. Bloom, Councilor, Town Council; Liaison, Conservation Committee
cc: All Conservation Committee members via Kimberly Cavanaugh
attached; A, B, C, D, E, F, G
