HomeMy WebLinkAbout65 winter street EO draft 1.9.24
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
DEP File Number:
A. Violation Information
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This Enforcement Order is issued by:
Yarmouth
Conservation Commission (Issuing Authority)
1/9/2024
Date
To:
Paul and Linda McCarthy
Name of Violator
10230 Heritage Bay Blvd #423, Naples Florida 34120
Address
1. Location of Violation:
Paul and Linda McCarthy
Property Owner (if different)
65 Winter Street
Street Address
Yarmouth Port
City/Town
02675
Zip Code
132
Assessors Map/Plat Number
74.3
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted fill, stones, plantings, and installation of retaining walls within the 50 and 100 foot buffer zones to a bordering vegetated wetland and land subject to coastal storm
flowage
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).
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:
Paul and Linda McCarthy
Name
11/24/2020
Dated
083-2252
File Number
13, 14, SC5,
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.
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 mulch, unpermitted walls, stones, and potentially invasive species (grasses) by ___2024
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.
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