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HomeMy WebLinkAboutEO with SC draft rev 6.4.2026 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) 5/19/2026 Date To: Pamela Egan Trust; Aubrey Egan TR Name of Violator 15 Sagamore Road, West Yarmouth MA 02673 Address 1. Location of Violation: Property Owner (if different) 15 Sagamore Road Street Address Yarmouth City/Town 02673 Zip Code 29 Assessors Map/Plat Number 127 Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Failure to comply with 11/8/2021 building permit requirements to replace cleared vegetation with native vegetation. Unpermitted construction of ~140 sqft patio and firepit within the flood zone and the 35’ no-disturb buffer zone to a vegetated wetland. Failure to comply with 10/30/2025 Violation Notice by removing or permitting the patio. 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 8/6/2026 Date for the following: Restoration of the wetland and at least 10' buffer to be completed by 10/10/2026. 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: Attend the 6/4/2026 Conservation Commission Meeting. 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 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 Enforcement Order Conditions List- 15 Sagamore Road. 1. The patio must be removed or an RDA submitted by August 6, 2026. 2. A professional restoration plan shall be Submitted (8 copies) by a qualified professional with full planting protocol and report by August 6, 2026. The area to be restored shall be the entire wetland area plus at least a 10-foot buffer. 3. The plan shall follow the plan requirements and indicate property lines and all jurisdictional areas (i.e. edge of wetlands, coastal bank, flood zone, river front), and shall include 35’, 50' and 100' buffer from wetland resource areas. 4. 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. 5. The proposed spacing for each plant or plant type will, in general, adhere to the industry standards. Consult Cape Cod Cooperative Extension Service (CCCES) native planting lists 6. If possible based on nursery and contractor availability, plants are to be installed in the Fall 2026 by October 10, 2026. 7. Written notice will be provided to the conservation division once the planting is completed 8. 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. 9. Plantings shall be cared for to ensure their survival. Temporary above surface irrigation is permitted for the first three (3) years for establishment. 10. Annual monitoring reports with photos shall be submitted for 3 years. Report due date: Nov. 1, 2026, 2027, 2028 11. A 90% survival rate is required at the end of the 3 year monitoring period. If this standard is not achieved, the commission reserves the right to require additional plantings and extend the monitoring and maintenance period. 12. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of installation. 13. Failure to meet any of the deadlines listed above shall result in the issuance of enforcement orders and non-criminal citations. Deadlines may only be extended by the Conservation Administrator or the Conservation Commission. Conservation Division 14. All lawn and mulch is to be removed from the restoration area and the area seeded with native groundcovers or grasses 15. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of installation.