HomeMy WebLinkAboutViolation Notice 9.28.2026
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 NOTICE
September 28, 2026
To: Robert and Joan Smith
844 West Yarmouth Rd.
Yarmouth Port, MA 02675
From: Yarmouth Conservation Commission
Site Location: 844 West Yarmouth Rd., Yarmouth Port
Certified Mail No.: 7005 0390 0004 1181 8809
Dear Homeowner,
The Conservation Commission of Yarmouth has information that you or your agents may have
violated the Massachusetts Wetlands Protection Act, G.L. c.131 §40 and its regulations at 310
CMR 10.00 and/or the Town of Yarmouth Wetland By-law, Chapter 143 and its regulations. The
following activities may have impacted wetland resource areas and/or associated buffer zones:
• Unpermitted removal of trees within the buffer zone of Elisha’s Pond.
Please comply with the following:
1. Cease and desist from further vegetation removal or any other unpermitted activity.
2. Contact the Conservation Commission to confirm receipt and discuss:
Joe Jerolimo
Conservation Agent
(508)398-2231 x7007
jjerolimo@yarmouth.ma.us
Failure to comply may result in further Enforcement action and potential fines. If you do not
understand the requirements of the Wetlands Protection Act, the Conservation Commission will
provide information to assist you in complying with the law. The Wetlands Protection Act
provides that:
"No person shall remove, fill, dredge or alter any area subject to protection under this
section without the required authorization, or cause, suffer or allow such activity, or leave
in place unauthorized fill, or otherwise fail to restore illegally altered land to its original
condition, or fail to comply with an enforcement order issued pursuant to this section.
Each day such violation continues shall constitute a separate offense except that any
person who fails to remove unauthorized fill or otherwise fails to restore illegally altered
Conservation
Commission
land to its original condition after giving written notification of said violation to the
conservation commission and the department shall not be subject to additional penalties
unless said person thereafter fails to comply with an enforcement order or order of
conditions. 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."
The Yarmouth Wetland By-law Ch143 provides that:
No person shall remove, fill, dredge or alter any bank, freshwater wetland, beach, dune,
flat, marsh, bog or swamp or estuary, creek, river, stream, pond, lake or the ocean, or
land under or bordering on said waters or wetlands, or any land subject to tidal action,
coastal storm flowage or flooding, or construct any causeway, bridge, marina, wharf,
dock or other similar structure in, on, over or within 100 feet of any of the aforesaid,
other than in the course of maintaining, repairing or replacing, but not substantially
changing or enlarging, an existing and lawfully, meaning fulfilling the requirements of all
applicable permits, including Massachusetts General Laws Chapter 91 and Corps of
Engineers 403 and 404, located structure or facility used in the service of the public and
used to provide electric, gas, water, telephone or telecommunication services, without
first filing written notices of his intention to remove, fill, dredge, alter or construct by
sending a separate letter, by certified mail, to the Yarmouth Conservation Commission
and without receiving and complying with an order of conditions and provided that all
appeal periods have lapsed.
Any person, … who violates or causes to be violated § 143-2A of this chapter shall be
punished by a fine of not less than $100 or more than $300 for each violation and, in
addition, not less than $300 for each subsequent violation. This section shall be
enforced by any officer having police powers in the Town of Yarmouth.
Thank you for your cooperation in resolving this matter.
Yours sincerely,
Joe Jerolimo
Conservation Agent
Town of Yarmouth