HomeMy WebLinkAboutEO 12.6.2024L71Massachusetts 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
A. Violation Information
Important:
When filling out
This Enforcement Order is issued by:
forms on the
Yarmouth
computer, use
only the tab
- -- —
Conservation Commission (Issuing Authority)
key to move
To:
your cursor -
do not use the
BASS RIVER PROPERTY LLC C/O FRANCIS V LLOYD III
return key.
Name of Violator
d`�
59 HILLTOP RD CHESTNUT HILL, MA 02467
Address
1.
Location of Violation:
11 /8/2024 Ratified 12/6/2024
Date
Property Owner (if different)
222 Pleasant Street
Street Address
Yarmouth 02673
City/Town Zip Code
43 24
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted relocation of two pilings and associated float (further out into the river) in land under the
ocean and land containing shellfish
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.5/1812020 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): 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.
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 NO[ 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:
Attendance is required in person at the Dec 6, 2024 Conservation Commission Meeting to discuss the
matter. Piles must be relocated to the permitted location as shown on the chapter 91 lisence plan
dated 8/15/1991 with these special conditions: a time of year restriction shall be observed for all in
water work from January 15- May 31. Any shellfish in the permitted footprint of the piles must be
removed prior to the work. Notify the conservation commisison when the work has been completed.
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 128.8
Phone AN
umber
8.30 to 4pm
Hours/Days Available
Issued by:
Yarmouth
Conservation Commission
Conservation Commission signatures required on following page.
wpaform9a.doc • rev.5/18/2020
Page 3 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
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.
Signaturar
Signature
Printed Name
Printed Name _
�ti e? ems
Printed Name
1oQ'7I' �G� GI l'�/i���f GQ /'✓►
rinted Name
Signature Printed Name
Signature
Signature
Signature
Signature of delivery person or certified mail number
Printed Name
Printed Name
Printed Name
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