HomeMy WebLinkAboutviolation follow up letter 9.7.22 ols
z: 0 TOWN OF YARMOUTH Conservation
Commission
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VIOLATION NOTICE-FOLLOW UP
September 7, 2022
To: Jean and Gordon Goodwin
34 Follins Pond Road
Yarmouth Port, MA 02675
From: Yarmouth Conservation Commission
Site Location: 34 Follins Pond Road, Yarmouth Port, MA 02675
Certified Mail No. —10 G 150 00 0 3 2\\ Lt�{ O
Dear Mr. and Mrs. Goodwin,
The Conservation Commission of Yarmouth has information that you or your agents 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:
• Removal of vegetation within a wetland resource area and within the buffer zone to a wetland resource
area without prior approval from the Conservation Commission.
Following up on our on site meeting on September 2,2022,we request that you comply with all of the
following:
1. Cease and desist from any further clearing or landscape work within the buffer zone to the wetland resource
area at 34 Follins Pond Road
2. Submit an existing conditions vegetation plan and restoration plan prepared by a wetland's specialist,to the
Conservation Office by September 20,2022 for the replanting of the area within coastal bank and buffer
zone to the wetland resource area. Plantings are to be completed by November 1, 2022
3. You may contact Brittany DiRienzo, Conservation Administrator, at bdirienzo@yarmouth.ma.us or
508-398-2231 ext 1288, with any questions or attend the next conservation commission meeting on
September 15, 2022 to discuss the matter.
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 Ch 143 provides that:
Any person, ... who violates or causes to be violated 5C 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:
Brittany DiRienzo,Conservation Administrator
9/7/2022
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