HomeMy WebLinkAboutViolation notice 3.19.24 oF'Y`�R
40 TOWN OF YARMOUTH Conservation
OCommission
s 4, 1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4492
Ro�� Telephone(508)398-2231,Ext.1288,Fax(508)398-2365
VIOLATION NOTICE
To: Thiago Paraguay
The East Bay Realty Trust
23 Benjamin Way
West Yarmouth,MA 02673
From:Yarmouth Conservation Commission
Site Location: 15 Wadsworth Lane 19Pr 5ES --ZZ555
Certified Mail No. '7Q ZZ ? 1IO 000\ \2(jt\ 5"16
The Conservation Commission of Yarmouth has information that you or your agents may have
violated the Massachusetts Wetlands Protection Act,G.L.c.131 §40 and its regulations at 310 CMR
10.00 and/or the Town of Yarmouth Wetland By-law,Chapter 143 and its regulations.The following
activities may have impacted wetland resource areas and/or associated buffer zones:
• Unpermitted regrading,installation of retaining walls,and failure to maintain the work limit line
in riverfront area and the buffer zone to a vegetated wetland.
In order to determine whether a violation has occurred,we request that you comply with all of the
following:
1. Cease and desist from work beyond the work limit line.Repair and maintain the silt fence for
proper erosion control.
2. Submit plans that have been prepared by a professional to the Conservation Commission by April
30,2024 to seek permitting for the unpermitted retaining walls,and to revegetate the disturbed
areas beyond the work limit line.
3. Please note that this permit expires on August 23,2024,so the planting must be completed this
spring according to the planting plan to be in compliance with the permit.
Please contact the Conservation Commission by March 27 at:
Brittany DiRienzo,Conservation Administrator
508-398-2231 ext. 1288
bdirienzoayarmouth.ma.us
to arrange a site visit and attend the next Conservation Commission public meeting on April 4,
2024 at Yarmouth Town Hall Hearing Room.
If you do not understand the requirements of the Wetlands Protection Act, the Conservation
Commission will provide information to assist you in complying with the law. The Wetlands Protection
Act provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this section
without the required authorization, or cause, suffer or allow such activity, or leave in place
unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail
to comply with an enforcement order issued pursuant to this section. Each day such violation
continues shall constitute a separate offense except that any person who fails to remove
unauthorized fill or otherwise fails to restore illegally altered land to its original condition after
giving written notification of said violation to the conservation commission and the department
shall not be subject to additional penalties unless said person thereafter fails to comply with an
enforcement order or order of conditions. 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."
The Yarmouth Wetland By-law Ch143 provides that:
Any person, ... who violates or causes to be violated§ 143-2A of this chapter shall be
punished by a fine of not less than $100 or more than $300 for each violation and, in addition,
not less than $300 for each subsequent violation. This section shall be enforced by any officer
having police powers in the Town of Yarmouth.
Issued by: P2
Brittany DiRienzo, Conservation Administrator
DATE: 3/19/2024