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