HomeMy WebLinkAboutEnforcement order Massachusetts Department of Environmental Protection
LU _Il
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number:
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 12/21/2023
Computer, use Conservation Commission(Issuing Authority) Date
only the tab
key to move To:
your cursor-
do not use the Xu Junqing and Yu Hong
return key. Name of Violator
319 Green Street, Northborough MA 01532
i/trub Address
` 1. Location of Violation:
. 4)(‘
Property Owner(if different)
44 Tee Way
Street Address
Yarmouth 02664
City/Town Zip Code
81 3
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitting regrading, cutting of vegetation, and replacement of retiaining wall, stairs, and patio
within the buffer zone to a bordering vegetated wetland and pond.
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
1Massachusetts 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 21, 2024
Date
for the following:
restoration of the 35 foot buffer zone to the BVW, stabilizing plantings above the wall. 4'wide Path to
water may remain
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:
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:
Erosion control shall be installed immediately. An after the fact RDA shall be filed for all unpermitted
items including patios walls firepit and dock. A restoration plan showing the 35' buffer wil be submitted
by 3.21.24 to be heard at the 4.4.24 meeting. The 35' will' be marked with a single rail fence or similar
on the plan. Plantings must be installed by May 31, 2024.The disturbed area will be seeded with
drought tolerant fescue mix and covered with jute matting until stabilized
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
Bureau of Resource1 Protection - Wetlands
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DEP File Number:
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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Sign. 0 - Printed Name
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Signature Pri ted Name
Signature Printed Name
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Signature Printed Name
Signature Printed Name
Signature Printed Name
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Signature of delivery person or certified mail number
wpaform9a doc•rev 5/18/2020 Page 4 of 4
44 Tee Road
Enforcement Order Conditions List
1. Submit 8 copies of a restoration plan at with planting protocol by March 21,2024 to be heard at
the April 4, 2024 Conservation Commisison meeting.
2. The plan shall indicate property lines and all jurisdictional areas(i.e. edge of wetlands,coastal
bank,flood zone,river front,etc),and shall include 35', 50' and 100'buffer from wetland
resource areas.
3. Identify"no disturbance zone"(single rail fence,bollards in consultation with staff)on plan and
in the field(along the 35'buffer).
4. Native species(trees, shrubs,groundcovers,flowers) incorporated into the Re-vegetation planting
plan shall be approved by the Conservation staff and be selected from the list of approved species
(see Cape Cod Cooperative Extension Unit's List of Native Plants of Barnstable County)as
provided by the Yarmouth Conservation Commission.
5. There shall be no cutting or mowing beyond the demarcation line,with the exception of the
existing path. The path may be maintained.
6. Irrigation in consultation with staff
7. No mulch is allowed within the restoration planting except for a ring of mulch at the drip line of
each plant at the time of planting.
8. Annual reports with photos shall be submitted for 3 years, starting once the plantings have been
installed.Report due date: June 1, 2024,2025,and 2026.
9. Failure to meet any of the deadlines listed above shall result in the issuance of an additional
enforcement orders and non-criminal citations. Deadlines may only be extended by the
Conservation Agent or the Conservation Commission.
10. Clearing or pruning of vegetation within the restoration planting area is prohibited except for the
removal of storm damaged limbs and branches which may impact the newly planted specimens.
11. The proposed spacing for each plant or plant type will, in general,adhere to the horticultural
industry standards.Always consult Cape Cod Cooperative Extension Service(CCCES)native
planting lists for species-specific planting and spacing data(www.capecodextension.org).
Shrubs,which may include large shrubs or small trees, should be spaced as follows:
2 gallon shrubs shall be planted 2-3 feet apart
3 gallon shrubs shall be planted 3 -4 feet apart
Ground covers, including native meadow grasses, lowbush blueberry and bearberry should be
spaced as follows:
2 inch plugs shall be planted 12 inches on center,
3 inch or 4 inch pots shall be planted 12 to 18 inches on center,
1 or 2 gallon plants shall be planted 2 feet on center.