HomeMy WebLinkAbout31 Powers Lane VN 3.11.2026
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
VIOLATION NOTICE
March 11, 2026
To: Boardwalk Light LLC
11 Red Tail Run
Canton, MA 02021-1685
From: Yarmouth Conservation Commission
Site Location: 31 Powers Lane, Yarmouth
Dear Homeowner,
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 firepit and furniture within a coastal dune.
Please comply with the following:
1. Remove items from the dunes by 3/26/2026
2. Attendance is required at the 4/2/2026 Conservation Commission Meeting
3. Contact the Conservation Commission to confirm removal or with questions at:
Joe Jerolimo
Conservation Agent
508-398-2231 ext. 7007
jjerolimo@yarmouth.ma.us
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:
Conservation
Commission
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.
Thank you for your cooperation in resolving this matter.
Yours sincerely,
Joe Jerolimo
Conservation Agent
(508)398-2231 x7007
jjerolimo@yarmouth.ma.us