HomeMy WebLinkAboutgreat island enforcment- 7.1 parcel (RVSD 6.15.23)
wpaform9a.doc • rev.5/18/2020 Page 1 of 4
Massachusetts 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
DEP File Number:
A. Violation Information
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This Enforcement Order is issued by:
Yarmouth
Conservation Commission (Issuing Authority)
3/3/2023 (RVSD 4/20/23) (RVSD
6/15/23)
To:
Chace Realty Trust ; Great Island Homeowners Association
Name of Violator
1100 Great Island Road
Address
1. Location of Violation:
Property Owner (if different)
0 Great Island Road
Street Address
Yarmouth
City/Town
02673
Zip Code
7
Assessors Map/Plat Number
1
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Alteration of wetland reosurce areas including coastal beach, coastal dune, land subject to coastal
storm flowage (velocity zone), and NHESP priority and estirmated habitat by deposition of fill
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 2 of 4
Massachusetts 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
DEP File Number:
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 resource areas
returned to their original condition.
A restoration plan shall be filed with the issuing authority on or before May 5th 2023
Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc • rev.5/18/2020 Page 3 of 4
Massachusetts 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
DEP File Number:
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:
Submit an after the fact filing to the Natural Heritage and Endangered Species Program (NHESP) to
obtain Mass. Endangered Species Act (MESA) compliance. Include the CA in application submission
and forward response material to the Commission. Complete application by EOB on 3/3/2024.
Sketch restoration plan to be approved by CA prior to planting. Erosion control (jute matting) to be
installed immediately for dune stabilization. A site meeting is scheduled with the CA and the owners
on September 11 to review protocol and plantings will be completed by September 18, 2023.
Beach grass to be installed in March, 2024.
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 4 of 4
Massachusetts 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
DEP File Number:
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:
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature
Printed Name
Signature of delivery person or certified mail number