HomeMy WebLinkAboutEnforcement Order RVSD 7.26.23 -‘, \ i 1 LMassachusetts 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
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Yarmouth 10/18/2022 RVSD 1/6/2023 and
computer, use Conservation Commission(Issuing Authority) 7/26/2023
only the tab
key to move To:
your cursor-
do not use the Harvey and Doreen Wright
return key. Name of Violator
370 Weir Rd
vr,a, Address
N
1. Location of Violation:
cofmn
Property Owner(if different)
370 Weir Rd
Street Address
Yarmouthport 02675 _
City/Town Zip Code
126 6
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 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).
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
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):
E 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.
3/6/2023 Received
® A restoration plan shall be filed with the issuing authority on or before 7/26/2023
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
Page 2 of 4
wpaform9a doc•rev 5/18/2020
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
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 a restoration plan 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. Seeding the meadow
areas shall be completed by October 30, 2023. The rest of the plantings are allowed to be phased
over two years, and the first half shall be completed by May 30, 2024, the remaining to be completed
by May 30, 2025. Monitoring reports will be submitted on October 30 2024, 2025, and 2026
documenting the success of the restoration, and shall include any management actions
taken.
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:
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
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