HomeMy WebLinkAboutEric Schwaab Request for Enforcement Order1
Cavanaugh, Kimberly
From:Eric Schwaab <eschwaab@gmail.com>
Sent:Sunday, September 7, 2025 8:08 AM
To:Hoopes, Edwin; Cavanaugh, Kimberly; Martin, Gerard (DEP); Lisa Daluz; jeffreydaluz38
@yahoo.com; Maria Reid
Subject:Request for Enforcement Order – Unpermitted Dewatering at 268 Stevens Street
Tom Lee, Chair and Members of the ConservaƟon Commission Barnstable ConservaƟon Commission
200 Main Street
Hyannis, MA 02601
Re: Request for Enforcement Order – UnpermiƩed Dewatering at 268 Stevens Street
Dear Chair Lee and Members of the ConservaƟon Commission,
Pursuant to the MassachuseƩs Wetlands ProtecƟon Act, M.G.L. c. 131, §40, and the Barnstable Wetlands ProtecƟon
Ordinance, I respecƞully request that the Barnstable ConservaƟon Commission issue an Enforcement Order in response
to unpermiƩed dewatering acƟviƟes at 268 Stevens Street, Hyannis.
It is my understanding that dewatering has been conducted at this locaƟon without an approved Order of CondiƟons
(OOC). Such acƟvity consƟtutes an alteraƟon of wetland resource areas and buffer zones as defined under 310 CMR
10.00 and the local ordinance. In parƟcular, previous dewatering at this site resulted in a point source discharge that
directly impacted both upland wetlands and Aunt BeƩy's Pond, causing alteraƟon of groundwater hydrology and adverse
effects on adjacent wetland resource funcƟons.
Pursuant to M.G.L. c. 131, §40, and 310 CMR 10.08, any work that results in the removal, filling, dredging, discharge, or
alteraƟon of a resource area requires prior filing and approval of a NoƟce of Intent (NOI). To date, no such authorizaƟon
appears to have been issued for the subject dewatering. Proceeding without such authorizaƟon is a clear violaƟon of the
Act and the local ordinance.
Allowing the Department of Public Works (DPW) to submit a retroacƟve NOI (“aŌer-the-fact” filing) without first
addressing this unpermiƩed acƟvity would undermine the Commission’s enforcement authority and set a precedent
inconsistent with established pracƟce. Enforcement is parƟcularly warranted given the DPW’s history of prior violaƟons
of the Wetlands ProtecƟon Act (2003, 2006, 2007).
Accordingly, I respecƞully request that the Commission exercise its enforcement authority under 310 CMR 10.08 and the
Barnstable Wetlands ProtecƟon Ordinance to:
- InvesƟgate the reported violaƟon immediately;
- Issue an Enforcement Order halƟng all dewatering acƟvity and requiring stabilizaƟon of the site;
- Require the responsible party to submit a restoraƟon and miƟgaƟon plan for review and approval; and
- Require full compliance with the Enforcement Order prior to accepƟng or reviewing NOI SE3-6308 or any other permit
applicaƟons for regulated acƟvity at this locaƟon.
2
Further, the Commission has authority to require, at the applicant’s expense, a third-party environmental assessment to
evaluate the extent of resource area impacts. Given the severity of the violaƟon, the DPW’s prior compliance history, and
the lack of accountability demonstrated by senior staff, such a condiƟon is warranted to ensure full and independent
evaluaƟon of impacts.
Thank you for your consideraƟon of this maƩer and for your conƟnued commitment to the enforcement of the Wetlands
ProtecƟon Act and Barnstable’s local wetlands protecƟons.
Respecƞully submiƩed,
Eric Schwaab