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Home My WebLink AboutEO 8.15.2025 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 8/15/2025 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Arthur and Tracy Duffy return key. Name of Violator 4 . 80 Cranberry Lane Address 1. Location of Violation: / \ Property Owner(if different) 80 Cranberry Lane Street Address Yarmouth 02664 City/Town Zip Code 118 81 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 Vernal Pool, Vernal Pool Habitat and buffer zone to a vegetated wetland: regrading and vegetation removal. 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 Bureau of Resource Protection - Wetlands DEP File Number: 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): pate ❑ 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 September 25, 2025 Date for the following: restoration of at least the 35' buffer to the vernal pool 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: 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 Protection1 L 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: ,2 PEA._., (IQ 6er454ttn Signature POW Name ti 1 JAI Signatur Printed�a ¶ MCITOrci. Zro ' r Signature ./ Printed c f 0 S Si9 n lure Printed Name ¶a� ,MJI W✓� Signature`' � Printed Name 'I( er ef Signature `CAD /� Printed Name Signature Printed Name Signature Printed Name 7o/q&(Zo ( ( /7c Signature of delivery person or certified mail number wpaform9a.doc•rev.5/18/2020 Page 4 of 4 YA NS0 j � TOWN OF YARMOUTH QConservation 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4492 wtrswcest. \;„/4, ,4, Telephone(508) 398-2231,Ext. 1288,Fax(508) 398-2365 Division \ ::c°0PORAt EO fib.% Enforcement Order Conditions List- 80 Cranberry In 1. A professional restoration plan shall be Submitted by a wetlands specialist*by September 25,2025. The area to be restored shall be at least the 35-foot buffer to the vernal pool.The restoration plan shall include tree replacement for trees removed. 2. The rock wall will be modified to allow wildlife to easily travel around the pool.All geotextile fabric shall be removed. The original grade/gentle slope will be restored within the 35 foot buffer to the extent possible.The area will be seeded with an approved wetland seed mix and if any steep areas exist, stabilized with jute. 3. The plan shall indicate property lines and jurisdictional areas including the 35', 50'and 100'buffer from wetland resource areas. 4. Lawn installed within the 50-foot buffer shall have no permanent irrigation and no use of fertilizers. 5. Native species(trees, shrubs, groundcovers, flowers)incorporated into the Re-vegetation planting plan shall be approved by the Conservation staff and be selected from the list of approved species(see Cape Cod Cooperative Extension Unit's List of Native Plants of Barnstable County)as provided by the Yarmouth Conservation Commission. 6. A wetlands specialist must implement the restoration or provide field oversight for the implementation. The chosen contractor will be identified and approved by conservation prior to any work. Proposed changes to contractors will be submitted in writing to the conservation division for approval. 7. Prior to start of work,the applicant shall convene an onsite meeting with the contractor/consultant and the Conservation Division staff to discuss the scope of work and protocols. 8. Full restoration shall be completed by November 1,2025. 9. Written notice will be provided to the conservation division once the restoration is completed 10. Clearing or pruning of vegetation within the restoration planting area is prohibited except for the removal of storm damaged limbs and branches which may impact the newly planted specimens. 11. Temporary above ground irrigation is recommended. 12. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of installation. 13. Annual monitoring reports with photos shall be submitted for 3 years. Report due date: Nov. 15,2026, 2027,2028 14. The proposed spacing for each plant or plant type will, in general,adhere to the horticultural industry standards.Always consult Cape Cod Cooperative Extension Service(CCCES)native planting lists for species-specific planting and spacing data(www.capecodextension.org). 15. Failure to meet any of the deadlines listed above shall result in the issuance of additional enforcement orders and non-criminal citations.Deadlines may only be extended by the Conservation Administrator or the Conservation Commission. Wetland specialist-a person or company that has at least 3 years experience in performing wetland assessment, delineations,permitting or consulting specifically for restoration, OR a person who holds an advanced degree in wetland science(wetlands,wildlife, fisheries), OR a person that holds a Professional Wetland Scientist(PWS) certification.