HomeMy WebLinkAboutStuart Woodring_Fwd_ 531 South Main StFrom: Stuart Woodring <stuartwoodring@gmail.com>
Sent: Wednesday, February 5, 2025 10:03 AM
To: Cavanaugh, Kimberly
Cc: Stephen David
Subject: Fwd: 531 South Main St. Centerville Order of Condi ons (Higher resolu on photographs)
Hi Kimberly,
This forwarded email is in reference to the Revised Site Plan for 531 South Main Street, Centerville that is on the agenda for the
2/11/25 Conservation Commission meeting.
Please confirm that you received this and will distribute it to all the members of the Conservation Commission.
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Begin forwarded message:
From: Stuart Woodring <stuartwoodring@gmail.com>
Subject: 531 South Main St. Centerville Order of Conditions (Higher resolution photographs)
Date: November 21, 2024 at 4:58:07 PM EST
To: darcy.karle@town.barnstable.ma.us, edwin.hoopes@town.barnstable.ma.us
Cc: Stephen David <stephen@sdavidlaw.com>
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This is a re-send of the earlier email but with higher resolution photographs.
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Hi Darcy,
Thanks for taking the time to speak with me yesterday about the work that has been going on at 531 South Main St.,
Centerville. As I indicated, I am an abutter and own 39 Hornbeam Lane, Centerville. As you suggested, I am copying
Ed Hoopes on this email. Please confirm that you received this email.
I have two main concerns about the work that has been done at 531 South Main Street.
The first is that the land at the right side and rear of the main house (looking from South Main St.) has been
significantly raised and extended toward the Centerville River. This land is within the 50’ buffer and there was no
indication of any grade change on the plan approved by the Order of Conditions or on the as built plan submitted on
November 15 with the Request for Certificate of Compliance. This large change in the topography of the land also
significantly encroaches on my 25’ deeded Right Of Way to South Main Street that runs along the southwest side of
531 South Main Street. Here are some before and after pictures of the land that show the obvious extension of the
lawn and how it impedes my use of the ROW:
Before (looking toward the river; my house is in the background and ROW on the right side):
Today, taken from the same perspective:
Before (looking from my property toward South Main St; with the broad and level ROW on the left side):
Today, taken from the same perspective:
Before (looking from my ROW toward my house across the rear yard of 531 South Main St.):
After, from the same perspective:
\
I have one other “before” picture that is useful but I did not take an “after” picture since I would have had to walk on the
property of 531 South Main St. This picture clearly shows a different shape to the land than exists today:
This change to the topography was not included in the Order of Conditions. Also, the edge of my ROW is 4.2’ from the
end of the porch of the new house, according to the plan referenced in the Order of Conditions. This next picture
shows a pink-flagged stake marking the edge of the ROW. It is clear that the new raised and extended lawn
encroaches on my ROW:
My second concern is the cobble-edged driveway that was constructed where much of it is within the 50' and 100’
buffers and some portions of it are entirely on the ROW. This was no clear indication of the location of the driveway on
the approved Order of Conditions and the raised cobbles create a significant impediment to the use of my deeded
ROW. The prior driveway was a simple asphalt drive with no edging and it was level with the ground. In the next
picture, looking from South Main Street, you can see the pink-flagged stakes by the utility poles that mark the left side
of my 25’ ROW and how a portion of the cobble-edged driveway is entirely on my ROW:
In the Order of Conditions, "C. General Conditions under the Massachusetts Wetlands Protection Act”, states:
“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.” (Italics and highlighting added.) I feel that it is clear that the change in the
topography to the right and rear of the house invades my private rights in my deeded Right of Way.
Also the Order of Conditions, on page 10.1 in “Special Conditions of Approval”, states:
“Caution: Failure to comply with all Conditions of this Order of Conditions may have serious consequences.
Consequences may include: issuance of a Stop Work Order; fines, requirement to remove un-permitted
structures; requirement to re-landscape to original conditions; inability to obtain a Certificate of Compliance, and
more.” (Italics and highlighting added.) I feel that by raising and extending the lawn to the right and rear of the house
without any mention of the grade changes in the plan, the Order of Conditions has been violated and that the raised
and extended lawn should be removed and returned to its initial topography.
I have sent this with the photographs at a moderate level of resolution to ensure that the email is not too large. I will
also try to send it with higher resolution photographs.
Please ask if I can answer any questions or provide any additional information or pictures.
Thank you for your attention to this,
Stuart Woodring
617-510-0522