HomeMy WebLinkAboutViolation Notice 10.16.2020
Conservation
T O W N O F Y A R M O U T H
Commission
Planning
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Division
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
VIOLATION NOTICE
To: Howard and Mary Jo Safford Date: 10/16/2020
92 Juniper Ridge Drive
Feeding Hills MA 01031-1541
Certified Mail No. 7018 0040 0000 9041 7227
Site Location: 310 South Shore Drive, Yarmouth
The Conservation Commission of Yarmouth has information that you or your agents may have violated the
Massachusetts Wetlands Protection Act, G.L. c.131 §40 and its regulations at 310 CMR 10.00 and/or the Town
of Yarmouth Wetland By-law, Chapter 143 and its regulations. The following activities may have impacted
wetland resource areas and/or associated buffer zones:
1. Unpermitted cutting within the buffer zone to a wetland resource area.
In order to determine whether a violation has occurred, we request that you comply with all of the following:
1. Cease and desist from the above activity.
2. Contact the Conservation Commission by October 28, 2020 to arrange a site visit.
If you do not understand the requirements of the Wetlands Protection Act, the Conservation Commission will
provide information to assist you in complying with the law. The Wetlands Protection Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section without the
required authorization, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail
to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued
pursuant to this section. Each day such violation continues shall constitute a separate offense except that any
person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original
condition after giving written notification of said violation to the conservation commission and the department
shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement
order or order of conditions. 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."
The Yarmouth Wetland By-law Ch143 provides that:
Any person, … who violates or causes to be violated § 143-2A of this chapter shall be punished by a fine of not
less than $100 or more than $300 for each violation and, in addition, not less than $300 for each subsequent
violation. This section shall be enforced by any officer having police powers in the Town of Yarmouth.
Issued by:
Kelly Grant,
Conservation Administrator
508-398-2231 ext 1288, kgrant@yarmouth.ma.us
Conservation
T O W N O F Y A R M O U T H
Commission
Planning
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Division
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
VIOLATION NOTICE
To: Howard and Mary Jo Safford Date: 10/16/2020
92 Juniper Ridge Drive
Feeding Hills MA 01031-1541
Certified Mail No. 7018 0040 0000 9041 7227
Site Location: 310 South Shore Drive, Yarmouth
The Conservation Commission of Yarmouth has information that you or your agents may have violated the
Massachusetts Wetlands Protection Act, G.L. c.131 §40 and its regulations at 310 CMR 10.00 and/or the Town
of Yarmouth Wetland By-law, Chapter 143 and its regulations. The following activities may have impacted
wetland resource areas and/or associated buffer zones:
1. Unpermitted cutting within the buffer zone to a wetland resource area.
In order to determine whether a violation has occurred, we request that you comply with all of the following:
1. Cease and desist from the above activity.
2. Contact the Conservation Commission by October 28, 2020 to arrange a site visit.
If you do not understand the requirements of the Wetlands Protection Act, the Conservation Commission will
provide information to assist you in complying with the law. The Wetlands Protection Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section without the
required authorization, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail
to restore illegally altered land to its original condition, or fail to comply with an enforcement order issued
pursuant to this section. Each day such violation continues shall constitute a separate offense except that any
person who fails to remove unauthorized fill or otherwise fails to restore illegally altered land to its original
condition after giving written notification of said violation to the conservation commission and the department
shall not be subject to additional penalties unless said person thereafter fails to comply with an enforcement
order or order of conditions. 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."
The Yarmouth Wetland By-law Ch143 provides that:
Any person, … who violates or causes to be violated § 143-2A of this chapter shall be punished by a fine of not
less than $100 or more than $300 for each violation and, in addition, not less than $300 for each subsequent
violation. This section shall be enforced by any officer having police powers in the Town of Yarmouth.
Issued by:
Kelly Grant,
Conservation Administrator
508-398-2231 ext 1288, kgrant@yarmouth.ma.us