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Home My WebLink AboutEO ratified 2.26.2026 Massachusetts Department of Environmental Protection DEP File Number: L 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 2/3/2026 (REVISED 2/19/2026) Computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Englewood Beach Condo Assoc. C/O Jessica DeMars return key. Name of Violator ` 155 Pleasantview Drive, Suffield, CT 06078 40Address 1. Location of Violation: i T Property Owner(if different) 1 Shore Road Street Address Yarmouth 02673 City/Town Zip Code 16 9 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted machine work to remove a chain link fence within LSCSF and Coastal Beach, including disturbance of sand/grade and beach vegetation 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 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. ❑ A restoration plan shall be filed with the issuing authority on or before 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 2 of 4 Massachusetts Department of Environmental Protection DEP File Number: x_____ 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: Cease and desist from further work. Attendance is required at the 2/19/2026 meeting of the Yarmouth Conservation Commission to discuss. A Request for Determination of Applicability is required for the remainder of the fence removal and new fence installation. Restoration of the natural grade by hand raking the sand is required by April 10, 2026. Onsite Assessment of vegetation damage will occur by the CA as soon as weather allows. CA will determine if replanting of beachgrass is required to restore the area to previous conditions. 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 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: CJ a1J Le '0(AJI CA PIV�S1"ttA Signatu Printed Name CV\n4tCin 3ui°N Signatu P'nted Na Re `'br o.c 4o r c\ :ate Signature Printed Name,... 22Sri A,--N )r)� 1 fo5� SignaturF_____ P' ted Name Signature Printed Name .(71-e-Me--1-- Signature Printed Name JJ Signature Printed Name Signature Printed Name 7cor 0/ce 000.3 Z.oz d Se( Signature of delivery person or certified mail number wpaform9a.doc•rev 5/18/2020 Page 4 of 4