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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
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This Enforcement Order is issued by:
Yarmouth
Conservation Commission (Issuing Authority)
7/21/2026
Date
To:
Francis C. Poli
Name of Violator
57 Lewis Bay Road
Address
1. Location of Violation:
Property Owner (if different)
75 Redding Rd.
Street Address
Fairfield
City/Town
06824
Zip Code
17
Assessors Map/Plat Number
68
Parcel/Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
Unpermitted activities within resource areas and buffer zones: construction of a retaining wall with fill,
hardscape parking area, and removal of vegetation within LSCSF, RFA, and the buffer zones to a coastal
bank and salt marsh.
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).
1L
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.
E 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.
Daatete2026Arestorationplanshallbefiledwiththeissuingauthorityonorbefore
D
for the following:
Restoration of the disturbed area and mitigation plantings to be completed by 10/15/2026.
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaform9a.doc•rev.5/18/2020 Page 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:
Cease and desist from further work.
Attend the 7/16/2026 Conservation Commission Meeting.
Submit an existing conditions survey plan and a restoration plan prepared by a professional for all
disturbed areas. for review by the Conservation Commission at a meeting on 9/3/2026.
The original mitigation plan may be updated/expanded. 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 Protection,
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DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 9Enforcement 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:
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Signature of delivery person or certified mail number
wpaform9a.doc•rev.5/18/2020
Page 4 of 4
7008 0150 0003 2029 0766
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Enforcement Order Conditions List— 57 Lewis Bay Road
1. A professional restoration plan shall be Submitted(8 copies)by a wetlands specialist*with full planting
protocol and report by September 3,2026. The area to be restored shall include the mitigation area as
shown on the approved Mitigation and Restoration plan for SE83-2018 dated 11/2/2015.
2. The restoration plan shall follow the Conservation Commission's 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.
3. 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.
4. The wetlands specialist must implement the restoration or at least provide field oversight for the
implementation. The chosen contractor will be identified and approved by conservation prior to any work.
Any proposed change to contractors will be submitted in writing to the conservation division for
approval.
5. Plants shall be installed in the Fall by October 15,2026.
6. Written notice will be provided to the conservation division once the planting is completed
7. 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.
8. Plantings shall be cared for to ensure their survival. Temporary above surface irrigation is permitted for
the first three(3)years for establishment.
9. No mulch is allowed within the restoration planting except within the drip line of each plant at the time of
installation.
10. Annual monitoring reports with photos shall be submitted by a wetland specialist* for 3 years.Report due
date:Nov. 1,2026,2027,2028. This Report shall include a description of the site conditions and photo
documentation from during the growing season to show any changes.The report shall also include an
assessment of the planted areas and identify any management concerns and solutions along with the
timeline of implementation if applicable.
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. A signed contract shall be submitted between the property owner and the qualified wetland consultant or
horticulturalist for the planting(or oversight)and the annual monitoring and maintenance of all mitigation
plantings for 3 years
13. 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 .
14. 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 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.
CERP-Certified Ecological Restoration Practitioner from the Society of Ecological Restoration