Loading...
HomeMy WebLinkAboutDraft revised enforcement order with cover letter 8.20.2026o; TOWN OF YARMOUTH Conservation i_k, *141 Commission Vcc 0 — Hi 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4492 co bA°, Telephone(508) 398-2231,Ext. 1288,Fax(508) 398-2365 PORATE,.-' ENFORCEMENT ORDER Failure to Comply August 13, 2026 Thiago P.Paraguay 21 Liberty Lane Marstons Mills,MA 02648 RE: ENFORCEMENT ORDER—15 Wadsworth Lane,Yarmouth Dear Homeowner, Please find enclosed a draft Enforcement Order for the ongoing noncompliance at 15 Wadsworth and impending expiration of the order of conditions 083-2285 on 8/23/2026. The original enforcement order which required an extension and amendment be sought by August 2024 is no longer possible due to the impending expiration. Your attendance is required at the upcoming conservation commission meeting on 8/20/2026 at 5pm in the town hall hearing room to discuss the matter. The attached is a draft until ratified by the Commission at the upcoming meeting. Please note that each day that this violation remains unresolved constitutes a new violation pursuant to the Town of Yarmouth Wetland By-law,Chapter 143-1 land may be subject to fines. If you have any questions,please contact the Conservation Administrator at jjerolimo@yarmouth.ma.us or 508 398 2231 ext. 7007. Thank you for your cooperation in resolving this matter. Sincerely Joe Jerolimo Conservation Agent Town of Yarmouth 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 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Yarmouth 6/13/2024 RVSD 6/20/2024 computer, use Conservation Commission(Issuing Authority) RVSD 8/20/2026 only the tab key to move To: your cursor- do not use the Paulo Victor Paraguay and Thiago Paraguay return key. Name of Violator vrat. 21 Liberty Ln, Marstons Mills MA 02648 Address 1. Location of Violation:Ar•8*.A Property Owner(if different) 15 Wadsworth Lane Street Address Yarmouth 02675 City/Town Zip Code 106 75 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Unpermitted resource area alteration by regrading, construction of retaining walls, work beyond the work limit line, unpermitted hardscape and failure to complete mitigation plantings, in the riverfront area and the buffer zone to a vegetated wetland. Failure to comply with EO dated 6/20/2024 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 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9 Enforcement OrderL\ 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: Thiago Paraguay 8/23/2021 Name Dated SE83-2285 7, 9, 10, 11, 19, 20, 22 File Number Condition number(s) 8/23/2026 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. 11/5/2026 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: 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: Your presence is required at the 8/20/2026 Conservation Commission meeting to discuss the matter. All unpermitted structures, walls, and fill must be removed and the property restored to the original permitted conditions by 12/1/2026. A restoration plan is required to be submitted by 11/5/2026 for all disturbed areas outside the original work limit line, and the approved planting plan dated 7/6/2021 must be followed for all other areas. The plantings must be completed in the spring of 2027 by an approved wetlands contractor. An as built plan must be submitted by February 15, 2027 to demonstrate compliance. see special conditoins 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 doe•rev.5/18/2020 Page 3 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 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. Signatures: 175,40"-A 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 7cc 0/5 c1 3 08'c16' wpaform9a doc•rev 5/18/2020 Page 4 of 4 log a TOWN OF YARMOUTHo 4 Conservation tt —4 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-4492 N b'° 1Telephone(508)398-2231,Ext. 1288,Fax(508)398-2365 Division ems;:.- Enforcement Order Conditions List- 15 Wadsworth 1. All unpermitted structures including walls, rock walls, etc must be removed and the permitted grades restored by December 1, 2026. A straw wattle or compost sock must be installed at the edge of disturbance. Exposed soil shall be seeded with a native grass or groundcover mix and any steep areas blanketed to reduce erosion over the winter. 2. An as-built plan noting the existing conditions and grades, confirming their compliance with the original plan shall be submitted by February 15, 2027. 3. A professional restoration plan shall be Submitted(8 copies)by a wetlands specialist* with full planting protocol and report by November 5, 2026. The area to be restored shall be all disturbed area outside the original work limit line. 4. 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). 5. The plan shall follow the plan requirements and indicate property lines and all jurisdictional areas (i.e. edge of wetlands, riverfront area etc), and shall include 50', and 100'buffer zones from wetland resource areas. 6. A "no disturbance zone" boundary is required with a single rail fence,bollards, or similar on the plan and in the field located at the original work limit line. There shall be no disturbance beyond the demarcation line. 7. 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. 8. The wetlands specialist must implement the planting 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. 9. All lawn and mulch is to be removed from the restoration area and the area seeded with native groundcovers or grasses 10. Prior to start of work, the applicant shall convene an onsite meeting with the contractor/ consultant and the Conservation Division staff to discuss the scope of work and protocols. 11. Planting shall be completed in entirety by May 31, 2027. 12. Written notice will be provided to the conservation division once the planting is completed 13. 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. 14. Plantings shall be cared for to ensure their survival. Temporary above surface irrigation is permitted for the first three(3)years for establishment. 15. No mulch is allowed within the mitigation or restoration areas except within the drip line of each plant at the time of installation. 1. Annual monitoring reports with photos shall be submitted by a wetland specialist* for 3 years. Report due date: Nov. 15, 2027, 2028, 2029. 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. 2. 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. 3. A signed contract between the property owner and a qualified wetland consultant or horticulturalist must be submitted for annual monitoring and of all mitigation and restoration plantings for the 3 years. 4. Fertilizer and permanent irrigation are prohibited within the riverfront area. 16. 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.