HomeMy WebLinkAboutEnforcement Order RVSD.pdfMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
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
computer, use
only the tab
Conservation Commission (Issuing Authority)
key to move To:
your cursor -
do not use the
Harvey and Doreen Wright
return key.
_
Name of Violator
370 Weir Rd
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Address
1.
r�
Location of Violation:
Property Owner (if different)
370 Weir Rd
Street Address
Yarmouthport
- - —
Citylrown
126
Assessors Map/Plat Number
10/18/2022
Date
02675
Zip Code
6
Parcel/Lot Number
DEP File Number:
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Alteration of wetland resource areas -Bordering Vegetated Wetland, and Land Subject to Coastal
Storm Flowage through unpermitted removal of vegetation and creation of a beach
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).
Page 1 of 4
wpaform9a doc • rev 5/18/2020
Massachusetts Department of Environmental Protection DEP File Number
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order _
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:
Name
Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): 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/reur e areas
3 Z
returned to their original condition.
® A restoration plan shall be filed with the issuing authority on or before Date
for the following:
Restoration of the disrurbed area using plants from the Cape Cod Cooperative Extension plant list
'Trees and Shrubs for Coastal Environments' with reccomended plant size and spacing. Plantings
shall be copmleted by May 31, 2023 and monitoring reports will be provided for 2 years on May 31
2024 and May 31, 2025 documenting the success of the restoration.
The restoration shall be completed in accordance with the conditions and timetable established by the
issuinq authority.
wpaform9a doc • rev 918202C
Page 2 of 4
Massachusetts Department of Environmental Protection
DEP File Number:
`�— Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
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 (NOI). 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:
1. Submit a restoration plan created by a Wetland Professional for the area up to the 50' buffer using
plants from the Cape Cod Cooperative Extension plant list'Trees and Shrubs for Coastal
Environments' with reccomended plant size and spacing. A 4 ft access path is allowed. Submit for
approval by the CA. Plantings shall be copmleted by June 1, 2023 and monitoring reports will be
provided for 2 years on June 1, 2024 and May 31, 2025 documenting the success of the restoration.
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:
Vnrmni ith
Conservation Commission
Conservation Commission signatures required on following page.
Page 3 of 4
wpaform9a.doc • rev.5/18/2020
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
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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wpaform9a doc • rev 5n 812020 Page 4 of 4