HomeMy WebLinkAboutEnforcement Order 11.8.22Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 083-2065
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143
A. Violation Information
Important:
When filling out This
Enforcement Order is issued by:
forms on the
Yarmouth 11/8/2022
computer, use
only the tab
Conservation Commission (Issuing Authority) Date
key to move To:
your cursor -
do not use the
Stevena and Gail Trulli
return key.
Name of Violator
33 Bancroft Rd, Melrose NA 02176
Address
1.
Location of Violation:
Property Owner (if different)
184 Blue Rock Road
Street Address
Yarmouth 02664
City/Town Zip Code
10 161
Assessors Map/Plat Number Parcel/Lot Number
2.
Extent and Type of Activity (if more space is required, please attach a separate sheet):
Failure to complete work as permitted in an order of conditions as mitigation for structure within the
buffer to a wetland resource area, including
1. Fiber roll maintenance for bank stability, including planting plugs for stabilization
2. Salt marsh restoration required to meet mitigation requirements
3. Failure to move a retaininq wall further away from a wetland resource area; coastal bank.
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310
CMR 10.00) and Yarmouth Wetland protection Bylaw Ch. 143, because:
❑ the activity has been/is being conducted in an area subject to protection under c. 131, § 40 and
Ch.143 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions
or Negative Determination).
wpaform9a.doc • rev.5/18/2020 Page 1 of 4
Massachusetts Department of Environmental Protection DEP File Number:
- Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 083-2065
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143
B. Findings (cont.)
® the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to. -
Steven and Gail Trulli 6/16/2016
Name Dated
SE83-2065 22, 24, 16
File Number Condition number(s)
® The Order of Conditions expired on (date): 6/16/2019
Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c. 131 s.40 and the buffer zone,
but has altered an area subject to MGL c. 131 s.40.
❑ Other (specify):
C. Order
The issuing authority hereby orders the following (check all that apply):
❑ The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before
for the following:
Date
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev.5/18/2020
Page 2 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 083-2065
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143
C. Order (cont.)
❑ Complete the attached Notice of Intent (NO[). The NOI shall be filed with the Issuing Authority on
or before:
Date
for the following:
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
® The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Original permitted work is to be completed by July 1, 2023 including maintenance to fiber roll array,
stabilizing the array by planting plugs, and restoration of salt marsh where areas are missing. Timber
wall is to be relocated per the approved plan.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "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". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Brittany DiRienzo
Name
508 398 2231 ext 1288
Phone Number
M-F 8.30 to 4pm
Hours/Days Available
Issued by:
Yarmouth
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc • rev.5/18/2020 Page 3 of 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order 083-2065
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town of Yarmouth Wetland By -Law, Chapter 143
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
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Signature of delivery person or certified mail number
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