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Home My WebLink About2015 Dec 15-23 - Emails and Bldg. Dept. Notice of Violation ! r Murphy, Bruce From: Johnson-Staub, Peter Sent: Wednesday, December 23, 2015 4:28 PM To: Arnault, Andrew; Armstrong, James; Murphy, Bruce; capecodlawyer@comcast.net; Xiarhos, Steve; Frederickson, Frank; Grylls, Mark Subject: RE: NOV Anthony's 12 23 15 Thank yo�a. I'll pass it on to the Selectmen Chair anc� Licensing Chair so they are aware the license will be withheld. Peter K.lohnson-Staub Assistant Town Administrator Town of Yarrnou�h, A 508.398.2�31 x 1279 From: Arnault, Andrew Sent: Wednesday, December 23, 2015 3:58 PM To: Johnson-Staub, Peter; Armstrong, ]ames; Murphy, Bruce; ca�ecodlawyer@comcast.net; Xiarhos, Steve; Frederickson, Frank Subject: NOV Anthony's 12 23 15 Here is the Building Department Notice of Violation for Anthony's Cummaquid. Andy i .5 ��T��-;x��= TOWN OF YARMOUTH ��4� �� '�` BUILDING DEPARTMENT ';�' t `t;�� O,. �,_ . �'"7K ��`�� T� �§� `�s 1146 Route 28, South Yarmouth, MA 02664 -.;.�X;�� _:t^�' . `�� '�z�,�,�:�" 508-398-2231 ext. 1260 NOTICE OF VIOLATION Inspection Date: December 15, 2015 Inspection Type: liquor license Property Address: 2 Route 6A,Yarmouth Port, MA 02675 Owner's Name: Anthony's Pier Four, Inc. Owner (x) Tenant Mailing Address: Anthony's Cummaquid Inn, 299 Salem St., Swampscott, MA 01997 An inspection of the above captioned property was conducted by the undersigned during which the following VIOLATIONS were observed. The specific MA Building Code provisions are referenced in parentheses. 1. The exit door from the main dining room does not open properly, and the outside stairs are in disrepair, leaving the restaurant with only one means of egress (780 CMR 102.6.4). 2. The five year engineer's affidavit for the exterior egress stair expired on September 11, 2014 (780 CMR 1001.3.2). 3. Emergency lighting units in many locations do not function (780 CMR 102.6.4) 4. Several beams in the kitchen floor are rotted, and no longer bear weigh� There is a hole in the basement wall(780 CMR IO2.8). S. Demolition in the basesnent has been performed without benefit of permit(780 CMR 105.1, 109.4). 6. The inspection sticker for the kitchen hood exhaust system has expired. The filters in the kitchen hood require cleaning (780 CMR 102.8). Please note the following excerpts from 780 CMR (MA State Building Code): 102.6.4 Existing Means of Egress,Lighting and Ventilation. The building official shall cite the following condition in writing as a violation and order the abatement within a time frame deemed necessary by the building official to make the building envi�onment safe, healthy or othenvise comply with this code. 1. Less than the required number of ineans of egress. 2. Egress components with insufficient width or so arranged to be unsafe or inadequate, including signage and lighting. 3. Unsafe lighting and ventilation. The building official shall declare a building or structure unsafe in accordance with section 116.0 when, in the building official's opinion,-�ceans of egress are hazardous or dangerous. Where full compliance for means of egress, lighting and ventilation are not practical, the building official may accept compliance alternatives, engineering, or other evaluations that adequately address the deficiency. Also s��-Existing Hazardous Conditions in Chapter 34. �_ , i . Anthony's Cummaquid Notice of Violation 12 23 15 Page 3 Please note the following orders: Due to the lack of a code-compliant second egress, the occupant load of the restaurant is limited to 49 persons until further notice. The floor beams under the kitchen shall be inspected by a MA certified Structural Engineer. Ais/her analysis shall be sent to this department, and a wet-stamped affidavit of inspection shall be provided after any repairs have been completed. You are hereby ordered to abate or correct the violations listed above within seven davs of the receipt of this Notice. Please be aware that the Building Department will not si�n off on your annual Certificate of Inspection until the violations listed above have been corrected. Your current Certificate expires December 31, 2015. Failure to correct the violations may also result in the issuance of citations, which will subject you to fines as prescribed by pertinent laws and regulations. RIGHT TO APPEAL: This decision may be appealed within thirty (30) days to the Board of Appeals,pursuant to the provisions of MGL Chapter 40A, Sections 8 and 15. Signed: - Andrew L. Arnault, Local Building Inspector Date Via Certified Mail: 7014 2120 0004 1910 2776 Copy: William Hinchey, Town Adminstrator Yarmouth Fire Department Yarmouth Health Department Yarmouth Police Department Bruce Gilmore, Yarmouth Town Counsel : . Murphy, Bruce From: Johnson-Staub, Peter Sent: Monday, December 21, 2015 5:17 PM To: Murphy, Bruce; Grylls, Mark; Sawyer, Jon; Armstrong, James; Huck, Kevin Cc: Renaud, Philip; Arnault, Andrew; Hill, Linda; Gaudet, Phil; Hinchey, Wiliiam Subject: RE: Anthoney's I confirmecf the �icense renewal process vuith Linda Hill.The Selectmert vcate annual 6icense renewals prior to review of inspection sign-affs. HoweVer,the n2w annual licenses are not released to the applicant until a!I required 'snspectians have been apprc�ved. A �icensed establis�ment cannot open for business without a current license pasted on the premises.Th�s they will be closed until the inspections are appr€�ved and the license is release€�. In the event Anthony's is unak�le to receive requirec� approvals by January 1, a shaw cause hearing will be held to cansider non-rer�ewal of the license. Thanks, Peter Peter K.lahnsan-Staub Assistant Town Administrator Town of Yarmcsuth, A 508.398.2231 x 1279 From: Murphy, Bruce Sent: Monday, December 21, 2015 4:27 PM To: Grylls, Mark; Sawyer,Jon; Armstrong, James; Huck, Kevin Cc: Renaud, Philip; Arnault, Andrew; Johnson-Staub, Peter Subject: RE: Anthoney's Health dept will join for inspection on January 5. Health will continue with violatian natice and not sign off an liquor license ncar issue faod service permits for 2C316. Bruce G. Murphy Qirectt�r of Health �"own of Yarmouth Registered Sanitarian Certified Health �FFicer Master"s �egree Public Health _.__. From: Grylls, Mark Sent: Monday, December 21, 2015 4:09 PM To: Sawyer, Jon; Armstrong, James; Huck, Kevin Cc: Murphy, Bruce; Renaud, Philip; Arnault, Andrew; )ohnson-Staub, Peter Subject: Anthoney's Hello all, I just spoke with the contractor that he will be conducting the work as described at our meeting of the Dec. 15tn Michael Watson has contacted him regarding the additional issues with the structure, but he has not estimated the work as yet. I agreed to meet with him, Michael, and any of you who wish to attend to go over the egress, structural, and other concerns that must be addressed immediately. He has agreed to meet me and anyone else, onsite,January 5`hwith a time to be determined after he speaks with Michael. Inspectional Services will continue with violation notices as previously discussed. 1 � r Talk soon, Mark ark GryNls—C�(3 �irector�f Inspee��o€�al 5erv�ces J �ui�ding Comrv�is�€�ner 1`�wn of Yarro�c�s�th 50�-398-2231 x �.26� z