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Home My WebLink AboutEO revised 3.6.2025 1Massachusetts 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 revised 3.6.24 computer, use only the tab Conservation Commission(Issuing Authority) 10.8.2024 key to move To: your cursor- do not use the Nancy and Phillip Carbone return key. Name of Violator 4 6 ADRIAN DR NO READING, MA 01864 Address 1. Location of Violation: .. X\ Property Owner(if different) 14 and 20 Kingsbury way and Conservation Parcel to the North Street Address Yarmouth - _ 02675 City/Town Zip Code 132 12/14/15 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Violation of order of conditions 2104-encroachment on conservation property, work with an expired permit, failure to comply with conditions 10-13, 15, and 18. 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.5/18/2020 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: Phil & Nance Carbone 3/17/2017 Name Dated 83-2104 10, 11, 12, 13, 15, 18 File Number Condition number(s) ® The Order of Conditions expired on (date): 3/17/2020 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. ElA restoration plan shall be filed with the issuing authority on or before December 3, 2024 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 ' ,,- ----i L 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 DEP File Number: 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: Cease mowing on conservation property. Landscape debris on conservation property shall be removed by 10.11.24. The required single rail fence and sign denoting the conservation property shall be installed along the property boundary by June 1, 2025. Three native trees at least 1.5" shall be planted with at least 1 in the wetlands and the others within the 50' buffer by June 1, 2025. The lawn on conservbation property shall be allowed to naturalize or be replaced with a native seed mix. See special conditions attached. 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. wpaform9a.doc•rev 5/18/2020 Page 3 of 4 Massachusetts Department of Environmental Protection DEP File Number: L — 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. Yarmouth Conservation Commission Signatures: Ea C 0 S Signer Printed Name Signature FPinted Na ,{ me Signatur Ppsted Name Signature ` Pr ed Name ` 5 t Okki k Signature G � Printed Name �� Signature Printed Name Signature Printed Name Signature Printed Name 7019k Ng) 0003 Z.9 %- Sinature of delivery person or certified mail number wpaform9a doc•rev.5/18/2020 Page 4 of 4 14 and 20 Kinsgbury Way Enforcement Order Conditions List 1. No landscape debris is allowed within the conservation property or wetlands at any time. All existing debris is to be removed immediately and disposed of properly offsite. 2. Submit a professionally prepared plan for the tree planting,plus location of the fence and sign 3. The plan shall indicate property lines and all jurisdictional areas (i.e. edge of wetlands,coastal bank, flood zone,river front),and shall include 35, 50'and 100'buffer from wetland resource areas. 4. A single rail fence or similar and sign denoting the conservation property shall be put up along the property line and maintained. These shall be shown on the plan. 5. Planting shall be completed by June 1,2025 6. Above ground temporary drip irrigation is recommended for the first two growing seasons. 7. There shall be no cutting or mowing beyond the fence. Clearing or pruning of vegetation on conservation property is prohibited. 8. Failure to meet any of the deadlines listed above shall result in the issuance of an additional enforcement orders and non-criminal citations. Deadlines may only be extended by the Conservation Administrator or the Conservation Commission.