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HomeMy WebLinkAboutEO 7.21.23 ° YAK , TOWN OF YARMOUTH Conservation Commission `'3% 1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 M TAtH Telephone(508)398-2231, Ext. 1288, Fax(508) 398-2365 / RPoRxw ENFORCEMENT ORDER Date: July 21, 2023 To: Paul and Nancy Cruz From: Yarmouth Conservation Commission Site Location: 52 Prince Road Please find enclosed an Enforcement Order issued for activity that has been conducted in an area subject to protection under Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and Town of Yarmouth Wetland By-law, Chapter 143 and their regulations, without approval from the Yarmouth Conservation Commission 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: No person shall remove, fill, dredge or alter any bank, freshwater wetland, beach, dune, flat, marsh, bog or swamp or estuary, creek, river, stream, pond, lake or the ocean, or land under or bordering on said waters or wetlands, or any land subject to tidal action, coastal storm flowage or flooding, or construct any causeway, bridge, marina, wharf, dock or other similar structure in, on, over or within 100 feet of any of the aforesaid, other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully, meaning fulfilling the requirements of all applicable permits, including Massachusetts General Laws Chapter 91 and Corps of Engineers 403 and 404, located structure or facility used in the service of the public and used to provide electric, gas, water, telephone or telecommunication services, without first filing written notices of his intention to remove, fill, dredge, alter or construct by sending a separate letter, by certified mail, to the Yarmouth Conservation Commission and without receiving and complying with an order of conditions and provided that all appeal periods have lapsed. 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. If you have any questions, please contact the Conservation Administrator at bdirienzo a(�varmouth.ma.us or(508) 398-2231 ext. 1288. Thank you for your cooperation in resolving this matter. Issued by: Brittany DiRienzo Conservation Administrator Town of Yarmouth Massachusetts Department of Environmental Protection - - Bureau of Resource Protection - Wetlands DEP File Number. 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 7/21/2023 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Paul and Nancy Cruz return key. Name of Violator 574 Slocum Rd, North Dartmouth, MA 02747 r? Address 1. Location of Violation: iX\ Paul and Nancy Cruz Property Owner(if different) 52 Prince Road Street Address Yarmouth 02673 City/Town Zip Code 29 88 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Alteration of a wetland resource area and buffer zone- unpermitted installation of a patio, rinsing station, and gravel hardscape in Land subject to coastal storm flowage, riverfront area, and the buffer zones to a coastal bank and salt marsh Boat storage from a bulkhead without 3 feet depth of water 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 L Bureau of Resource Protection - Wetlands DEP File Number. 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 resource areas returned to their original condition. ❑ A restoration plan shall be filed with the issuing authority on or before 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 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: November 22, 2023. See website https://www.yarmouth.ma.us/696/Filing-Forms for filing information Date for the following: Patio, hardscape, and rinsing station. 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: Boat to be removed and properly moored or stored by August 3, 2023. A Notice of Intent intent is required to be filed to seek permitting for the unpermitted hardscape in the resource area.Mitigation in the form of native plantings at a 2:1 ratio is required for the additional hardscape. 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 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: 41111111M— Sign. Printed Name _A Signal . i Printed Name Sign:ture' Printed Name kik Signature © y� dYJ Printed Name (i/6T/( 1-- Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name 1c z CA 50 o00 3 Zoi°1 / to t Signature of delivery person or certified mail number wpaform9a doc•rev 5/18/2020 Page 4 of 4