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Home My WebLink Aboutconservation letter STONE & REID ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION * SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA O2664-4452 TEL (508) 394-5648 FAX (508) 398-1699 DAVID S. REID, ESQ. MICHAEL F. STONE, ESQ. DSReid@verizon.net MFStoneEsq@comcast.net January 31, 2023 Barnstable Conservation Commission 230 South Street Hyannis MA 02601 RE: SE3-6063 Dorina Konopka 141RR Estey Ave. Hyannis Dear Commissioners, I write to you regarding the above captioned matter, on for hearing on January 31, 2023, on behalf of the direct abutter, Claudette Vickery of 133 Estey Avenue. Having only recently learned of this project, we have not yet engaged the assistance of an environmental consultant. Nevertheless we w ish to bring to your attention several facts that may bear upon our deliberations. First, in a comparison of the most recent plan of record for the site ( Plan Book 658 page 29, recorded in June 2015) with the current applicant’s site plan, we note that the tw o slate patios and the deck attached to the east side of unit 141R were not present in the 2015 plan. Were these properly permitted when they w ere constructed w ithin the 100 foot buffer ? Second, by comparing the assessors photos of the building from 2017 and 2022, we note that the deck and patio adjoining unit 141R do not appear to have been present at the earlier time. Likewise, the building has obviously undergone major reconstruction during that interval. The attached photos from September 2021 also show the extent of the 2021 renovations and expansion. We are not aware of any hearing before you at that time for such renovations and enlargement of the structure, w hich seems to have included a near total reconstruction of the unit 141R. Third, contrary to the NOI form, this does not appear to be a “single-family” home. Is appears to be a two-family home, containing units 141R and 141RR according to the assessors records. However, I have been unable to locate any records for when and how this structure became a two-family dwelling. * Each Attorney in this office is an independent practitioner who is not res pons ible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) Finally, we observe that the Conservation Agent recently visited the site and noted the new improvements to the north of the site, between the building and fence. The fence pictured is located on 133 Estey Ave, and not on 141 Estey, so the gravel/stone recently added should not have been installed all the way to the fence. We also believe that the stoop on this side was also recently added into this very small side yard area. We urge caution in approving any further enlargement of this already over developed site. This property already has three residential units on it, and the structure at issue is located as little as 2.5 feet from its northerly lot line, where a minimum of 10 feet is required for a side line setback. We also question whether past construction and alterations were properly permitted or approved. Very truly yours, David S. Reid David S. Reid Enclosures : Plan recorded in Book 658 page 29 Assessors photo 2017 Assessors photo 2022 Photo of 2021 construction (exterior) Photo 2 of 2021 construction (interior) Photo 3 of 2021 construction (north side yard) * Each Attorney in this office is an independent practitioner who is not res pons ible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d)