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Home My WebLink About2006 Oct 16 - Building Dept Notice of Violation � ', � �,o��:�R� TOV��N OF YARMOUTH � o!� � _y� BUILDING DEPARTMENT ` MAYYA � , �' 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 260 c6j,*a.c..,w*'�� . . . . �W�«.., ....a.,...,�.._ .4 . � 0 C T 1 8 2006 � NOTICE OF VIOLATION � � f ��/ai t E£�.'� '-)�a�k,?�__..s Inspection Date: October 16, 2006 Inspection Type: MA State Building Code, Yarmouth Zoning Bylaw ', Property Address: 3 Keel Cape Drive, South Yarmouth,MA 02664 ', Owner's Name: Judith Flynn � �� , ,�,,� l/ ', � �� Mailing Address: 52 Lakeview Drive, Mulberry,FL 33860 �U✓�� On October 16, 2006,I inspected your property at 3 Keel Cape Drive, South Yarmouth,MA 02664, ' on the recommendation of Capt. Robert Kelleher of the Yarmouth Fire Department. During the : inspection, I observed finished rooms constructed in the basement of the house, which appear to constitute a separate apar�ment. This basernent apartment includes two bedrooms, a living room, a kitchen and a bathroom,as well as several utility closets and a three-season protected utility/recreation " area. � The house is assessed by the Town of Yarmouth as a single-family dwelling. The presence of the i basement apartment rneans that the house has been converted to a two-family dwelling.The property is located in the R-40 zone, which requires a minimurn lot size of 40,000 square feet. A two-family ' dwelling in the R-40 zone would, therefore, require a minimum lot size of 80,000 square feet. ; � None of the observed violations listed below have been constructed or installed with the benefit ' i of a Building Permit. Please be advised of the following 780 CMR (MA State Building Code) and Town of Yarmouth Zoning Bylaw violations: 780 CMR 110.1 Pernzit application:It shall be unlawfud to construct, reconstruct, alter, repair, j remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provisaon is made or the installation of which is regulated by 780 CMR without first filing a written application with the building official ; and obtaining the requzred permit therefor. '', 780 CMR 3603.10.4 Emergency egress from sleeping rooms:Sleeping rooms shall have at least one openable window ar exterior door approved for emergency egress or rescue in each such room. The units shall be operable from the inside to a full clear opening without the use of a key or ; tool. Emergency escape windows, under 780 CMR 3603.10.4, shall have a sill height of not more ' than 44 inches (1118 mm) above the floor. i i ! � Page 2 3 Keel Cape Drive Notice of Violation 780 CMR 3603.10.4.1 Minirnum size. All emergency escape wzndows from sleeping rooms shall ' have a net clear opening of 3.3 square feet (0.307 m2). The minzmum net clear opening shall be 20 inches by 24 inches in either direction. ��; 780 CMR 3603 6.4.2 Minimum glazing area:Every room or space intended for human occupancy , shall have an exterzorglazing area of not less than 8%of the floor area. 1/2 of the required area of glazing shall be openabte: Glazed openings shcrltbe located such that they open directlyonto a street or public alley, or a yard or court, or other open space located on the same lot as the building... 780 CMR.3603.6.2 Ventilation required:Every room or space antended for human occupancy shall be provzded with natural or mechanzcal ventilation... 780 CMR 3603.8.1 Minimum ceiling height: (Exception 3) Habitable basements shall have a minimum clear ceiling height of seven feet zero inches, except that beams, girders and other obstructions spaced not less than four feet on center may project not more than six inches below the required ceiling height. Town of Yarmouth Zoning Bylaw 103.1.1 Compliance certification. Buildzngs, structures or land may not be erecte� substantially altered or changed in use wzthout certification by the Buzldzng Inspector that such action is in compliance with then applicable zoning, or without review by him '; regarding whether all necessary permits have been received from those governmental agencies � from which approval is required by federal, state or local law. Issuance of a building permit or ' certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certifacation. Tawn of Yarmouth Zoning Bylaw 203.5 Table of Dimensional Requirements (Note C) Two family dwellings, where allowed, require twice (2 times) the normal minimum lot size of the district. ; Y�n are hereby ordered to vacate immedi�tely the basement apartment and any other habitable or occupiable areas of the basement area that have not been built with the benefit of a building permit. You are required to make application for a11 relevant building permits, including electrical and plumbing/gas,for any of the non-permitted work currently in place that you may wish to keep,and to make application for a demolition permit for all work that is to be removed. : You are further required to inform any potential buyers of this property that the basement apartment is not legally permitted. Violations of 780 CMR and Town of Yarmouth Zoning Bylaw are the responsibility of the owner of the property. All relevant building and electrical permits shall be applied for. Upon sale of i the property,this responsibility shall pass to any future owners. . � � 1 r Page 3 3 Keel Cape Drive Notice of Violation The realtor you have contracted with for the intended sale of this property, Socrates (last name unknown)of Massachusetts Realty Consultants,did not wish to receive a copy of this letter. However, it is his professional responsibility,having been made aware by means of a telephone call from me on October 16, 2006,that the basement apartment is illegal,to inform any and all prospective purchasers of the situation. I ask you (and/or your attorney) to apprise him of this fact. Failure to comply may result in criminal / civil complaints being filed against you. You may be subject to fines as prescribed by pertinent laws and regulations, and/or the issuance of any relevant licenses may be delayed. Signed: � �D/� - D 6 Andrew L. Arnault, Local Building Inspector Date � Signed: � . uy�itn Flynn Date � i i Copy to: Yarmouth Board of Health , Yarmouth Fire Department i i ' � � � i 4