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HomeMy WebLinkAboutEO Draft 2026 wpaform9a.doc • rev.5/18/2020 Page 1 of 4 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 Town of Yarmouth Wetland By-Law, Chapter 143 DEP File Number: A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Yarmouth Conservation Commission (Issuing Authority) 2/3/2026 Date To: Englewood Beach Condo Assoc. C/O Craig Meador Name of Violator 6 Gumwood Ln. Wakefield MA 01880 Address 1. Location of Violation: Property Owner (if different) 1 Shore Road Street Address Yarmouth City/Town 02673 Zip Code 16 Assessors Map/Plat Number 9 Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted work, including regrading and disturbing vegetation within LSCSF and coastal beach. 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 2 of 4 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 Town of Yarmouth Wetland By-Law, Chapter 143 DEP File Number: 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. A restoration plan shall be filed with the issuing authority on or before 3/5/2026 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 3 of 4 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 Town of Yarmouth Wetland By-Law, Chapter 143 DEP File Number: 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 and desist from further work. Attendance is required at the 2/19/2026 meeting of the Yarmouth Conservation Commission.to discuss 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 4 of 4 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 Town of Yarmouth Wetland By-Law, Chapter 143 DEP File Number: 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: 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