HomeMy WebLinkAboutEnforcement Order Revised 7.26.23 iMassachusetts 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 11/27/2019 RVSD 7/25/23
Computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the MELANDRI FRANCESCO D
return key. Name of Violator
` 35 Aunt Dorah's Lane, Yarmouth Port, MA 02675
rm Address
1. Location of Violation:
Thi.X
Property Owner(if different)
35 Aunt Dorahs Lane
Street Address
Yarmouth Port 02675
City/Town Zip Code
136 56
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Excavation on a coastal bank resulting in vegetation removal and destabilization of the bank.
Excavation within the buffer zone to a coastal bank resulting in vegetation removal and destabilization
of the buffer zone and the bank.
Removal of approximately 1,700 square feet of salt marsh resource area.
Construction of a vertical coastal engineering structure/retaining wall at the base of the coastal bank.
Construction of a retaining wall on a coastal bank.
Dumping of debris on a coastal bank inhibiting plant growth.
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), because:
❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative
Determination).
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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 resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before March 5, 2020
Date
for the following:
Provide an existing conditions plan and a restoration plan to correct the resource area alterations
resulting from the activity and return the resource areas to their original condition.
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc•rev.7/14/04 Page 2 of 4
Massachusetts Department of Environmental Protection DEP File Number:
N,--- 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:
March 5, 2020
Date
for the following:
The construction of the coastal engineering structure and retaining walls. Filing forms can be found at
http://www.yarmouth.ma.us/696/Filing-Forms
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:
Maintain adequate erosion/sedimentation controls to stabilize the site until a permanent
solution is permitted.
RVSD 3 Monitoring reports including photos are required to be submitted to monitor the salt marsh
and to ensure success of the restoration. Any maintenance completed that year should be included in
the report. Reports are due October 31 in 2023, 2024 and 2025.
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 4.30pm
Hours/Days Available
Issued by:
Yarmouth
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc•rev.7/14/04 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:
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Signature of delivery person or certified mail number
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