HomeMy WebLinkAboutEO draft 2.29.24 •
TOWN OF YARMOUTH Conservation
Commission
• 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492 n� N : �'x Telephone(508)398-2231,Ext. 1288,Fax(508) 398-2365
February 29,2024
Karen Taylor Howell and Thomas Howell Trust
45 Lavender Lane
West Yarmouth MA 02673
Dear Mr. and Mrs. Howell,
RE: ENFORCEMENT ORDER—45 Lavender Lane
Please find enclosed a draft 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(i.e.
a valid Order of Conditions). The Enforcement Order requires that you immediately cease any further
disturbance of the buffer zone. You are also required to appear at the scheduled Conservation Commission
meeting on March 7,2024 at 5pm in the Town Hall hearing room to discuss this matter.
Please note that each day that this violation remains unresolved constitutes a new violation pursuant to the Town
of Yarmouth Wetland By-law,Chapter 143-11and is be subject to fines.
If you have any questions,please contact the Conservation Administrator at bdirienzo@yarmouth.ma.us or 508
398 2231 ext. 1288. Thank you for your cooperation in resolving this matter.
Sincerely
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
Massachusetts 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 2/29/2024
computer, use
only the tab Conservation Commission(Issuing Authority) Date
key to move To:
your cursor-
do not use the Karen Taylor Howell and Thomas Howell Trust
return key. Name of Violator
45 Lavender Lane West Yarmouth MA 02673
145Address
'...MILE X 1. Location of Violation:
i
Property Owner(if different)
45 Lavender Lane
Street Address
West Yarmouth 02673
City/Town Zip Code
55 41
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 the buffer zone to a wetland resource area-destruction of plant material and soil
disturbance in the buffer zone to a freshwater pond, and within estimated and priority habitat for rare
species
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
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.
April 4, 2024
® 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.
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:
Presence is required at the March 7, 2024 conservation commission meeting. A restoration plan of
the entire distrubed area must be completed by a professional and submitted to the Commission and
NHESP for MESA revie by April 4
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.
Page 3 of 4
wpaform9a.doc•rev 5/18/2020
Massachusetts Department of Environmental Protection DEP File Number:
1< 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:
Fri4t DA-2t,t. n-to
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
10 ZZ V110 Oo o (2 S s1.-(
Signature of delivery person or certified mail number
wpaform9a doc•rev 5/18/2020 Page 4 of 4