HomeMy WebLinkAboutEO draft cover letter and citation 3.26.2024 (2) .4Y4k4r0 TOWN OF YARMOUTH Conservation
Commission
44..53
1146 ROUTE 28,SOUTH YARMOUTH,MASSACHUSETTS 02664-4492
*0„„„,„Y,r,g Telephone(508)398-2231,Ext.1288,Fax(508)398-2365
ENFORCEMENT ORDER
March 26,2024
To: Michele Gardini
296 Newton Street LLC
296 NEWTON ST
WALTHAM,MA 02453
From:Yarmouth Conservation Commission
Site Location:68 Horse Pond Road,Yarmouth,MA 02673
Certified Mail No. 7022 2410 0001 1264 5944_
The Conservation Commission of Yarmouth has information that you or your agents have violated the
Massachusetts Wetlands Protection Act,G.L.c.131§40 and its regulations at 310 CMR 10.00,the
Massachusetts Endangered Species Act M.G.L c.131A and its regulations at 321 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:
• Alteration of the buffer zone to a wetland resource area and NHESP Priority Habitat by removal of
vegetation and construction of a structure without prior approval from the Conservation Commission
and the MA Natural Heritage and Endangered Species Program
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.
We require that you comply with the following:
1. Cease and desist from any alterations of the buffer zone to the wetland resource area and NHESP Priority
Habitat at 68 Horse Pond Road
2. Remove the unpermitted structure immediately,contact the conservation office with confirmation of its
removal.
3. Your presence is required at the conservation commission meeting on April 4,2024 in person in the Town
Hall Hearing Room at 5pm to discuss the matter.
Contact the Conservation Office with any questions at:
Brittany DiRienzo,Conservation Administrator
508-398-2231 ext 1288,
bdirienzo@yarmouth.ma.us
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:Y
Brittany DiRienzo, Conservation Administrator
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