HomeMy WebLinkAboutdraft EO and cover letter 3.28.2025 O Y44,.
1, o TOWN OF YARMOUTH
Conservation
0 • '"1 Commission
MATTA H 1 '� 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4492
`t°°°a^^'�' � Telephone(508)398-2231,Ext. 1288,Fax(508)398-2365
March 27,2025
Susan&Robert Lynn,Trs
57 Pheasant Cove Circle,
Yarmouth MA 02675
Dear Homeowners,
RE: DRAFT ENFORCEMENT ORDER—57 Pheasant Cove Circle
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 draft Enforcement Order requires that you immediately cease any further
disturbance to the buffer zone and resource area. You are also required to appear at the scheduled Conservation
Commission meeting on April 3,2025 at 5pm in the Town Hall Hearing Room(1146 Route 28, South
Yarmouth)to discuss this matter.The Commission will discuss the next steps and requirements at this meeting
to bring the area back into compliance with the Wetlands Protection act and local Wetland Bylaw. The
Enforcement Order is not finalized until the Conservation Commission ratifies or revises it at the meeting.
Please note that each day that this violation remains unresolved constitutes a new violation pursuant to the Town
of Yarmouth Wetland By-law,Chapter 143-11,and may 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,
(69
Brittany DiRienzo
Conservation Administrator
Town of Yarmouth
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
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
forms on the Yarmouth 3/27/2025
computer, use — - - -
only the tab Conservation Commission(Isss uing Authority) Date
key to move To:
your cursor-
do not use the Lynn Robert G. Tr.
return key. Name of Violator
4 746 Shore Rd. Mt. Sinai, NY 11766
Address
•
y. 1. Location of Violation:
/
Property Owner(if different)
57 Pheasant Cove Circle _
Street Address
Yarmouth 02675
City/Town Zip Code
149 51
Assessors Map/Plat Number Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted alteration of a wetland resource area and its buffer zone: Cutting and/or removal of
vegetation within the velocity flood zone, a bordering vegetated wetland, and its buffer zone.
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
i \
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.
5/25/2025
® A restoration plan shall be filed with the issuing authority on or before Date
for the following:
Entire disturbed area
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:
Your attendance is required at the Yarmouth Conservation Commission meeting on April 3, 2025
hearing at 5pm in the Town Hall Hearing room 1146 Route 28 to discuss the matter. Please 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:
?- - 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: �Q
nY VF-L Cfl�A
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature of delivery person or certified mail number
wpaform9a.doc•rev.5/18/2020 Page 4 of 4