HomeMy WebLinkAboutDraft EO 5.7.2025TOWN OF YARMOI.JTH Conservation
Commission
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
May 6,,2025
Two Families Inc.
151 Route 28
West Yarmouth, MA 02673
Dear Property owner,
RE: ENFORCEMENT ORDER - 151 Route 28
Please find enclosed a draft Enforcement Order issued for activity that has been conducted in an area subject to
protection under the Massachusetts Wetlands Protection Act M.G.L. c. I 31, $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 resowce area. You are also required to appear at the
scheduled Conservation Commission meeting on May 15,2025 at 5pm in the Town Hall Hearing Room to
discuss this matter. The Commission will discuss the next steps and requirements at this meeting to bring the
area back into compliance and may make revisions to the order. The draft Enforcement Order is not finalized
until the Conservation Commission ratifies it at the meeting.
Please note that each day that this violation remains umesolved constitutes a new violation pursuant to the Town
of Yarmouth Waland ByJaw, Chapter 143-l land may be subject to fines.
If you have any questions, please contact the Conservation Agent at jjerolimo@yarmouth.ma.us or 508 398
2231 ext.7007. Thank you for your cooperation in resolving this matter.
Sincerely
i----
Joe Jerolimo
Conservation Agent
Town of Yarmouth
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131 , S40
Town of Yarmouth Wetland By-Law, Chapter 143
DEP File Number:
Important:
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A. Violation lnformation
This Enforcement Order is issued by:
Yarmouth
Conservation Commission (lssuing Authority)
Two Families lnc
Date
To:
Name of Violator
151 Route 28 West Yarmouth, MA 02673
Address
1. Location of Violation:,*A
Property Owner (if different)
151 Route 28
Street Address
West Yarmouth 02673
Cityffown
37
Zip Code
75
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 resource area and buffet zone'. Vegetation and tree removal (8-14) within
a coastal bank, BVW or salt marsh, riverfront area,land subject to coastal storm flowage, and/or buffer
zones.
B. Findings
The lssuing 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, S 40) and its Regulations (310
CMR 10.00) and Yarmouth Wetland protection Bylaw Ch. 143, because:
X the activity has been/is being conducted in an arca subject to protection under c. 131, S 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.do c . rev.5l 1 81 2020 Page 1 of4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form I - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, S40
Town of Yarmouth Wetland By-Law Chapter 143
DEP Fite Number:
B. Findings (cont.)
tr the activity has been/is being conducted in an area subject to protection under c. 131, S 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)
n The Order of Conditions expired on (date)Date
tr The activity violates provisions of the Certificate of Compliance.
tr 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.
tr Other (specify):
G. Order
The issuing authority hereby orders the following (check all that apply):
X 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.
X Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
711712025X A restoration plan shall be filed with the issuing authority on or before Date
for the following:
Restoration of the disturbed area
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
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/
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form I - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, S40
Town of Yarmouth Wetland By-Law, Chapter 143
G. Order (cont.)
tr Complete the attached Notice of lntent (NO!). The NOI shall be filed with the lssuing 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.
X The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act:
Cease and desist from any further activity within the resource area. Your attendance is required at the
Conservation Commission meeting on May 15,2025 at Spm in the Town Hall Hearing Room to
discuss the matter. A restoration planting plan for the disturbed area (tree replacement) shall be
submitted by July 3,2025 for completion by October 31 ,2025.
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:
Joe Jerolimo
Name
508 398 2231 ext 7007
DEP File Number:
Phone Number
M-F 8.30 to 4pm
Hours/Days Available
lssued by:
Yarmouth
Conservation Com mission
Conservation Commission signatures required on following page.
wpaform9a.doc . rev.5l 1 81 2020 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form I - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131 , S40
Town of Yarmouth Wetland By-Law, Chapter 143
DEP File Number:
D. Appeals/Signatu res (cont. )
ln 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:
Signature
Signature
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
Signature Printed Name
7a{os?oM { /1{/ ffzc
Signature of delivery person or certified mail number
Printed Name
Printed Name
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