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Home My Public Portal About2021 08 10 Public Meeting Packet wpaform9a.doc • rev. 7/14/04 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 DEP File Number: SE 9-1550 A. Violation Information Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. This Enforcement Order is issued by: Town of Brewster Conservation Commission (Issuing Authority) 7/27/2021 Date To: Keith Ash, Trustee of Sand Dune Realty Trust Name of Violator 7 Central Street, So Easton, MA 02375 Address 1. Location of Violation: Property Owner (if different) 10 Nancy May Path Street Address Brewster City/Town 02631 Zip Code 91 Assessors Map/Plat Number 14-798 (7/11-1) Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Placement of gravel fill, stone steps, and plastic grass within coastal resource areas in violation of Order of Conditions SE 9-1550, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40, and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. 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), because: the activity has been/is being conducted in an area subject to protection under c. 131, § 40 or the buffer zone without approval from the issuing authority (i.e., a valid Order of Conditions or Negative Determination). wpaform9a.doc • rev. 7/14/04 Page 2 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 DEP File Number: SE 9-1550 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: Keith Charles Ash, Trustee of Sand Dune Realty Trust Name 5/2/2012 Dated SE 9-1550 File Number B6, B22, B25 Condition number(s) 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. 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. 7/14/04 Page 3 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 DEP File Number: SE 9-1550 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: The property owner and/or their representative shall appear before the Brewster Conservation Commission for a Show Cause Hearing on August 24, 2021 at the regularly-scheduled remote access meeting starting at 6:00 pm. 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: Noelle Aguiar, Conservation Administrator Name 508 896 4546 Phone Number Monday - Friday Hours/Days Available Issued by: Town of Brewster Conservation Commission Conservation Commission signatures required on following page. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION ATTACHMENT TO ENFORCEMENT ORDER July 27, 2021 Sand Dune Realty Trust 7 Central Street So Easton, MA 02375 RE: Placement of gravel fill, stone steps, and plastic grass within coastal resource areas in violation of Order of Conditions SE 9-1550, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40, and the Town of Brewster Wetlands Protection By- law, Town Code Chapter 172. The property involved in the violation is 10 Nancy May Path, Brewster Assessors Map 91, Lot 14-798 (formerly Map 7, Lot 11-1). Enclosed is an Enforcement Order for activities in violation of the Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 and the Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Non-compliance with the requirements stated herein is punishable by fines of not more than $25,000 or by imprisonment for not more than two years or both, as provided under M.G.L. c. 131, §40; and fines of not more than $300 per offense as provided under Town of Brewster Wetlands Protection By-law, Town Code Chapter 172. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the By-law, regulations, or permit violated shall constitute a separate offense. To Whom it May Concern: The enclosed Enforcement Order is being issued to you from the Brewster Conservation Commission in response to violations of the above-referenced laws and regulations that have occurred pursuant to work at 10 Nancy May Path. This Attachment to the Enforcement Order is divided into two sections: Facts and Law, and Required Mitigation and Other Measures. It would be in your best interest to carefully read the Enforcement Order and this Attachment, and to comply fully with all the requirements stated herein. Failure to comply with all requirements stated herein will result in more serious enforcement action. The Commission stands ready to work cooperatively with you in order to avoid further enforcement action. TOWN OF BREWSTER 1657 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-4546 FAX: (508) 896-8089 CONSERVATION@BREWSTER-MA.GOV WWW.BREWSTER-MA.GOV OFFICE OF CONSERVATION COMMISSION Facts and Law 1. On July 2, 2021, the Conservation Administrator viewed the property from an abutting property during a scheduled site visit. It was observed that gravel fill, stone steps, and plastic grass were installed within areas designated and required as mitigation planting areas under the Order of Conditions SE 9- 1550 and associated plans of record. Any violation of an Order of Conditions issued by the Conservation Commission or any alteration within 100 feet of a resource area without a valid permit from the Conservation Commission is a violation of the Massachusetts Wetlands Protection Act, M.G.L. c. 131, §40 and Regulations 310 CMR 10.00 et seq., and Brewster’s Wetlands Protection By-law, Town Code c. 172 and Wetlands Regulations. Required Mitigation and Other Measures 1. 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. 2. The unpermitted gravel fill, stone steps, plastic grass, and chairs shall be removed by hand from the mitigation planting areas and the locations planted with the required count and species as noted in the plan of record and required under permit SE 9-1550 by September 1, 2021. Any other means of removal shall be presented to and approved by the Conservation Commission prior to implementation. 3. The property owner and/or their representative shall appear before the Brewster Conservation Commission on August 24, 2021 via Zoom Meeting starting at 6:00 pm. Please call (508) 896 4546, as soon as possible to confirm 4. The Conservation Commission reserves the right to amend this Enforcement Order in the future, or to issue separate Enforcement Orders. The Commission also reserves the right to issue fines for the unauthorized work that has occurred. Site Photos. Unpermitted Gravel Fill, Stone Steps and Plastic Grass in Mitigation Planting Areas 10 Nancy May Path. 7.2.2021 Site Photos. 10 Nancy May Path. 8.26.2020 Current Location Relocation Submitted Site Photos. Trees to be Flush Cut. 18 Muskrat Lane. 8.3.2021