HomeMy WebLinkAboutEnforcement order 1.5.24TOWN OF YARMOUTH
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
ENFORCEMENT ORDER
Date: 1/5/2024
To: Rosangela Caloiero
29 Oyster Cove Road
South Yarmouth, MA 02664
From: Yarmouth Conservation Commission
Site Location: 59 Oyyjster Cove Road- Dock
Certified Mail No. [ 0�2' Z LA a 0 0 � t Z
Dear Ms. Caloiero,
Conservation
Commission
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.
Pursuant to the Town of Yarmouth Wetland By-law, Chapter 143-11, please also find enclosed a
citation for $300 for violation of the bylaw. Please note that each day that this violation remains
unresolved constitutes a new violation and will be subject to additional fines.
Please contact Conservation Administrator at bdirienzo(Dyarmouth.ma.us or(508) 398-2231 ext. 1288
with questions and when the dock is removed. Thank you for your cooperation in resolving this matter.
Issued by: Sllf�. Q��
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
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
A. Violation Information
DEP File Number:
Important:
When filling out
This Enforcement Order is issued by:
forms on the
Yarmouth
1/5/2024
computer, use
only the tab
Conservation Commission (Issuing Authority)
Date
key to move
To. -
your cursor -
do not use the
Rosangela Caloiero
return key.
Name of Violator
29 Oyster Cove Road
Address
1. Location of Violation:
'
AYACHT LLC
Property Owner (if different)
59 Oyster Cove Road
Street Address
South Yarmouth
02673
CityfTown
Zip Code
81
20
Assessors Map/Plat Number
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted activity within a resource area: installation of a dock in land under the ocean
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.5118Q020 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): pate
❑ 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 subjectto 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.
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Massachusetts Department of Environmental Protection pEP 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:
Removal of all newly built structures is required by January 18, 2024. Attendance is required at the
January 18, 2024 Conservation Commission meetinq.
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
Conservation Commission signatures required on following page.
wpaform9a.doc • rev.511812020 Page 3 of 4
Massachusetts Department of Environmental Protection
oEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9 — Enforcement Order
L11
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:
r6/� , TY&L(\vi DiVuo-zo
Signature Printed Name
Signature
Signature
Signature
Signature
Signature
Signature
Sianature
000\
Signature of delivery person or certified mail number
Printed Name
Printed Name
Printed Name
Printed Name
Printed Name
Printed Name
Printed Name
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