Gown of Marshfield” Building / Zoning Department 870 Moraine Street Marshfield, Massachusetts 02050 Office of Building / Zoning Tel: 781-834-5555 Department Fax: 781-834-6289 February 7,2021 Via Certified Mail: 7020-3160-0002-2623-4864 Mr. James Kileoyne 51 North River Drive Marshfield, MA 02050 Notice of Violation ~ $1 North River Dri Floodplain Violations, Permits Required Dear Mr. Kileoyne: ‘The Building Department has received a request for enforcement ofthe Town of Marshfield Zoning Bylaw concerning unpermitted development activity and violations of existing Zoning and Conservation permits in the Floodplain and Coastal Wetlands districts. The Marshfield Zoning Bylaw defines development as “any man-made change to improved or unimproved realestate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.” The complaints allege that the ZBA Variance and Special Permit Decisions from Case #14-24 were not recorded with the Plymouth County Registry of Deeds, that an unpermitted structure was constructed inthe Floodplain, that there have been violations of the Marshfield Conservation ‘Commission Order of Conditions for File # SE42-2518, and unpermitted development activity has occurred inthe form of invasive species management. As Zoning Enforcement Officer and Floodplain Administrator for the Town of Marshfield, it is my duty to assure that all necessary permits for any development activity inthe floodplain have been received from those federal, state and local governmental agencies from which approval is required and to enforce the appropriate sections ofthe Marshfield Zoning Bylaw accordingly. A thorough and careful review of the recorded permitting documentation, photographic evidence, and the Zoning Map for the ‘Town of Marshfield was conducted, thereby confirming that development activity has been conducted, structures have been built, and existing ZBA and Conservation orders have not been satisfied. These include: * ZBA Case #14-24 was not recorded at the Plymouth County Registry of deeds and no final As-Built was submitted tothe ZBA + A gazebortype structure was constructed inthe Floodplain without Conservation approval, ZA approval, or a Building Permit and after the Conservation Commission Centifieate of Compliance was issued on 9/7/2016 for SE42-2518 ‘© Development activity of man-made changes to improved or unimproved real estate has occurred with the use of a tarp placed over phragmites for invasive species management since 2017 without Conservation Commission approval * The float has been stored on the marsh and/or intertidal area during the winter seasons since 2017 in violation of DEP and Conservation Commission Special Condition M of #SE42-2518 In accordance with the Town of Marshfield Zoning Bylaw, §305-10.07 and §305-15.16 I have determined that you are in violation of the following sections of the Town of Marshfield Zoning Bylaw, 780 CMR - the Massachusetts State Building, Codes for One- and Two- Family Dwellings, 310 CMR - the Massachusetts Wetlands Protection Act Regulations, ZBA Case 414-24 and Marshfield Conservation Commission File #SE42-2518:§305-10.02; Permits Required §305-6.07: Accessory Buildings §305-15.04: Floodplain Permits §305-15.08: Areas of Special Flood Hazard Standards 780 CMR: R10S.1 —Permits Required 780 CMR: R109.4~ Work Commencing Before Building Permit Issued 310 CMR: 10.02: (1) ~ Areas Subject to Protection under M.G.L. ¢. 131, §40 310 CMR: 10.02: 2) Activities Subject to Regulation under M.G.L. c. 131, $40 310 CMR: 10.05: Procedures 310CMR: 10.24: General Provisions 310CMR: 10.32: Salt Marshes ‘ZBA Case #1424: Special Permit Conditions 3, 9, 11 and 12 DEP File #42-2518: DEP General Conditions 3, 12 and 13, DEP File #42-2518: DEP Special Conditions A, Land M DEP File #42-2518: Marshfield General Conditions 3 and 11 DEP File #42-2518: Marshfield Special Conditions A, Land M In order to resolve these violations, you will be required to comply withthe following items: ‘© Reestablish your rights to the Variance and Special Permit from the Zoning Board of Appeals for Case #14- 24, record the decision atthe Plymouth County Registry of Deeds and submit an As-Built to the ZBA in accordance withthe decision + Obtain Conservation Commission, ZBA and Building Department permits (afte-the-fact) for the construction of the gazebo structure or remove the structure entirely and return dock to its condition as originally approved in Case #14-24 + Obtain Conservation Commission approval of all development and disturbance activites related tothe use of a tarp for invasive species management and comply with any relevant enforcement orders ‘Comply with any relevant enforcement orders from the Marshfield Conservation Commission regarding, violations of the Orders of Conditions of DEP File #42-2518 You will have thirty (30) days from receipt of this notice to make application to or seek relief from the required Departments and Boards for the development activity that has occurred on your property. Failure to comply with this order may result inthe issuance of citations of up to three hundred ($300.00) dollars a day for each day a violation exists according to Town of Marshfield Zoning Bylaw, §305-10.08 ~ Violations and Penalties. You may appeal my determination of @ zoning violation to the Zoning Board of Appeals in accordance with the Town of Marshfield Zoning By-Law §305-10.09, F. and M.G.L-¢. 40A, 5.8 and s.15. Ifyou have any questions, please feel free to reach me atthe Building Department at 781-834-5555. Thank you for your prompt and serious attention to this matter. Sincerely, Anidrew Stewart, CFM Building Commissioner / Zoning Enforcement Officer / Floodplain Administrator C: Select Board, Administrator, Conservation, Zoning, Counsel, File ‘A: Historic Aerial ImageryStorage of Float: Winter 2017 -2018 Storage of Float: Winter 2018 - 2019Storage of Float: Winter 2019 - 2020 Storage of Float: Winter 2020-2021uotStructure and Tarp — April, 2019‘Structure and Tarp ~ September, 2019.