HomeMy WebLinkAboutViolation Notice (2) 6.12.2025
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1288, Fax (508) 398-2365
SECOND NOTICE
June 13, 2025
To: Michael and Victoria Krichevsky
18 Jackson Terr.
Newton, MA
02458
From: Yarmouth Conservation Commission
Site Location: 25 Broadcast Ln. West Yarmouth, MA 02673
Certified Mail No.: 7014 2120 0004 1909 8536
Dear Homeowner,
A Violation Notice was issued January 2, 2025, for the matter below. The Violation Notice required
you to replant trees that were removed without a permit by May 31, 2025. This second Violation
Notice is being issued because you have failed to provide evidence of this planting. Further failure to
comply may result in the issue of an Enforcement Order and/or fine.
The Conservation Commission of Yarmouth has information that you or your agents may have
violated the Massachusetts Wetlands Protection Act, G.L. c.131 §40 and its regulations at 310 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:
• Unpermitted removal of vegetation (5 trees) and regrading within the 100’ buffer zone of a
vegetated wetland and the flood zone.
Please comply with the following:
1. Cease and desist from further vegetation removal or any other unpermitted activity in the wetland
or buffer zones.
2. Replant five 1.5” caliper trees from the approved plant list (attached) by 5/31/2025
3. Contact the Conservation Commission to confirm receipt and understanding of requirements, and
contact once complete:
Joe Jerolimo, Conservation Agent
508-398-2231 ext. 7007
JJerolimo@yarmouth.ma.us
Conservation
Commission
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:
No person shall remove, fill, dredge or alter any bank, freshwater wetland, beach, dune, flat,
marsh, bog or swamp or estuary, creek, river, stream, pond, lake or the ocean, or land under
or bordering on said waters or wetlands, or any land subject to tidal action, coastal storm
flowage or flooding, or construct any causeway, bridge, marina, wharf, dock or other similar
structure in, on, over or within 100 feet of any of the aforesaid, other than in the course of
maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and
lawfully, meaning fulfilling the requirements of all applicable permits, including Massachusetts
General Laws Chapter 91 and Corps of Engineers 403 and 404, located structure or facility
used in the service of the public and used to provide electric, gas, water, telephone or
telecommunication services, without first filing written notices of his intention to remove, fill,
dredge, alter or construct by sending a separate letter, by certified mail, to the Yarmouth
Conservation Commission and without receiving and complying with an order of conditions
and provided that all appeal periods have lapsed.
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.
Joe Jerolimo
Conservation Agent
Town of Yarmouth