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HomeMy WebLinkAboutViolation Summary 8.13.2026Page 1 of 2 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 Summary On 8/23/2021, the Yarmouth Conservation Commisison issued to Thiago Paraguay of The East Bay Realty Trust an Order of Conditions under DEP file number SE083-2285. The orders authorized construction of a single-family dwelling with utilities, driveway, septic system and appurtenances in the buffer zone to a bordering vegetated wetland and within riverfront area at 15 Wadsworth Ln., Yarmouth MA. The orders were duly recorded at the Barnstable registry of deeds, and Conservation staff approved work to begin on 9/21/21. The original Orders were valid for 3 years, but have been extended to 8/23/26 by the Mass Ready Act. Conservation staff conducted a site visit on 3/12/24 documenting noncompliance with these orders. On 3/19/24 a notice of violation of M.G.L. c. 131 §40 was sent by certified mail to Mr. Paraguay for unpermitted regrading, installation of retaining walls, and failure to maintain the work-limit line in riverfront area and the buffer zone to a vegetated wetland. The violation notice requested a cease and desist of work outside the approved limit, repair of the silt fence, submission of plans to seek permitting of the retaining walls by 4/30/24, and revegetation of disturbed areas. After failing to comply with this notice, Mr. Paraguay attended an Enforcement hearing on 6/20/24 where the Commission ratified an Enforcement order. On 6/24/2024 a $300 fine, citation YAR07316, and the Enforcement Order were issued. This order required Mr. Paraguay file a request to extend the permit by 7/23/24 which otherwise would have expired on 8/23/24. They also required a request to Amend the order of conditions submitted by 8/23/24 to seek permitting for the retaining walls. A copy of the citation was not delivered to the Court. Emails requesting updates were sent 7/25/24 and 8/26/24 but the requested materials and payment of the fine were never received. On 1/14/25 a second $300 fine, citation YAR07322, and notice of failure to comply were sent certified mail. A copy of the citation was not delivered to the Court. On 6/23/25 Mr. Paraguay spoke to Conservation staff in-person at Yarmouth Town Hall. He was reminded of the outstanding Enforcement Order and asked to contact Conservation once he has contracted with an engineering firm to provide the plans needed to file the request to Amend the order of conditions. An email summarizing the conversation was sent the same day. On 8/14/25 Conservation staff were informed via email that Down Cape Engineering had been hired for the project. Conservation Commission Page 2 of 2 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 Emails requesting updates were sent on 10/7/25, 1/27/26 and 2/17/26 with no reply. On 3/3/26 Down Cape replied to an email sent that day saying they had sent a draft plan to Mr. Paraguay to review. Conservation emailed for updates on 5/14/26 and 6/10/26 and were informed that the project engineer has not been able to get in contact with Mr. Paraguay for approval. On 7/15/26 and 7/31/26 citations YAR07328 and YAR07329 (respectively) were sent certified mail to Mr. Paraguay. Copies were delivered to the Court. To date there has been no reply. A draft revised Enforcement Order was sent to Mr. Paraguay due to 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. The Enforcement required Mr. Paraguay’s attendance at the 8/20/2026 Conservation meeting. Conservation Commission