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Home My WebLink AboutNotice of Violation 08-07-2018 %It SPos aI Service" I CERTIFIEITMAIV RECEIPT . ra DomesMall On N Oa For deliveryit w. informatlonrvisour website at wwuspa com swa 0 ' OFFICIAL USE IIJ Certified Marl Fee IT .a a m6 7/74 N Extra Services&Fees(check oo..,add fee u soprapnmy ❑deem Receipt Oardcopy) S 0 O Renin Receiptisletwd 1 Postmark 0 ❑Cemmed MenR®elled Delivery I Here 0 ❑Ran Signature Rewired $ 0 ❑Malt Slanders leafleted Delivery 1 0 Pntage m $ .D Total Postage and Fees 0 $ co Sent To c. n'5 C6"KK o s-viiraat wd.,or 1+0-r45176. UMT 2 r` CIS-siera;zraae-.. tial t A p1/2 - prel, flirt e'2475— Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mal label). for en electronic return receipt see a retail •A unique Identifier for your mailpiece. associate for assistance.To receive a duplicate •Electronb vedfraaon of delivery or attempted return receipt for no additional fee,present this delivery. LIMO-postmarked Certified Mail receipt to the •A record of delivery(Including the recipient's retail associate. signature)that H retained by the Postal Service -RaStrid•d delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent Important Reminders: -Mutt signature service,which requires the •You may purchase Certified Mail service with dgnee to be at least 21 years of age(not First-Class Mails,First-Class Package Service', available at retail). or Priority Mar service. -Mutt signature restricted delivery service,which •Certified Mail service Is notavalable for requires the signee to be at least 21 years of age International mail. and provides delivery to the addressee specified •Insurance coverage Is not available for purchase by name,or to the addressee's authorized agent with Certified Mail service.However,the purchase (not available at retail). of Certified Mail service does not change the •To ensure that your Certified Mall receipt Is Insurance coverage automatically Included with accepted as legal proof of mailing,It should bear a certain Priority Mall items. LISPS postmark If you would like a postmark on •For an additional fee,and with a Proper this Certified Mall receipt please presentyaa , endorsement on the mallpiece,you may request Certified Mail Item ate Post Office"for the following services postmarking.If you don't need a postoark on this -Return receipt service,which provides a record Certified Mall receipt detach the barcoded portion of delivery(Including the recipient's signature). of this label,affix O to the mailplece,appy You can request a hardcopy return receipt or an appropriate postage,and deposit the nadpieca electronic version For a hardcopy return receipt complete PS Form 3811,Domestic Robin Receipt attach PS Form 3811 to your mailpiecel IMPORTAYT.Saw Ibis rsselpt for your recants PS Form 3800,April 2015(RevenoPSN 1630-02-000-9047 U.S.Postal;Service'" ' ` CE TIFIED.MAIL®' ECEIPT go m 0 eFor delivery int.rrnatlon;vlslt our website At www.uspe.conal1 OFFICIAL USE al rr Certhed Mall Fee 0' .i $ L.6, I1J Cnts Recap Fees(aeue«,add$MaepprgpdaeJ in ❑wwnPeuptisidmg) i O ❑Rear Receipt(eaceonlo) $ Postmark a ❑ceen.aMall rekreeowwr $CI 7,�Ste ❑aduaaaaame Required a / c ❑>ae elarae.e Restricted Delivery$ o Postage +o $ ,.D Total Postage and Fees O S sa Sent To ,�,��/ to .. .___ ___. _.. _� CLlt"-'l O Street andAat to P p Yisrr y tai kv'f, b$* b;c75 Certified Mail service provides the following benefits: •A receipt(this portion of the Certified Mall label. for an electronic return receipt see a retail •A unique identifier for your mallpiect associate for assistance.To receive a duplicate •Flect nic verification of delivery or attempted retire receipt for no additional fee,present this delivery. USPS®-Wstmamad Certified Mae receiptbdk •Arecord of delivery(Induding the recipient's retail associate. signature)that Is retained by the Postal Service -Restncted delivery genic*,which provides for a specified perbtl, delivery to the addressee specified by name.or Important Reminders: to the addressee's authorized agent. -Adult signature service,which requires the •You may purchase Certified Mall service with signee to be at least 21 years of age(not First-Class Mall`,Fast-Class Package Service', available at moat. or Priority Marty service. -Adult signature restricted delivery service,which •Certified Mail service is not available for requires the signee to be at least 21 years of age International mall. and provides deilvery to Use addressee specified •Insurance coverage Is rat available for purchase by name,or to the addressee's authorized agent with Certified Mali service.However,the purchase (not available at retail). of Certified Mall service does not change the •To ensure that your Certified Mall receipt Is Insurance coverage automatically included with accepted as legal proof of mailing,it should bear a certain Priority Mail Items. USPS postmark If you would like a postmark on •For an additional tee,and with a proper this certified Mail receipt,please present your endorsement on the maliplece,you may request Certified Mail ttem at a Post Office'"for the following services: postmarking.If you don't need a postmark on Oils -Return receipt service,which provides a record Cerhfied Mag receipt,detach the barcoded portion of delivery(including the recipient's signature), of this label,affil it to the mallplece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailplece. • electronic version.Far a hardcopy Tatum receipt, complete PS Form 3811,Domestic Realm Receipt attach PS Form 3811 to your mallplece; IMPORTArfh Saw this receipt for yea records. PS Form 3800,April 2015(Reverse)PSN 7530-02.00690a1 I et. TOWN OFYARMOUTH 1146 Route 28,?Soutli:Yarmouth MA 02664 ,., ,r.t. d .4 1 508-398-2231Zexei2,6,1 Faxi508-398-0836 r, �..s , - ,,. Office of the,Building Commissioner August 7, 2018 Charles Clark 139 Route 6A Unit 2 Yarmouth Port,MA 02675 • RE:Petition and request for non-criminal hearing Dear Mr. Clark, This letter serves as the response to your request for a non—criminal hearing regarding the ongoing temporary sign violation of the Town of Yarmouth Zoning Bylaw at your property.This department does not hold public hearings regarding any violations. You as the property owner have options available to you as allowed by law. As the enforcement authority of the Town of Yarmouth Zoning Bylaw,section 101.1,it is my duty to equally enforce the bylaw town wide; 101.1 Enforcement. This bylaw shall be enforced by the Building Commissioner or his/her duly authorized and qualified designee. Allowing a business to continue a violation without relief being granted from the Board of Appeals,while not allowing others the same rights would not be considered fair and equitable enforcement. There is no record on file"grandfathering"your illegal temporary sign. If you have documentation to the contrary,please provide which will allow the town to update our records. Allowed Temporary signs are described in section 303.4.1.2 of the bylaw; 303.4.1 Temporary Signs. Only the following types of temporary signs will be allowed: 303.4.1.2 Commercial. A business will be allowed not more than one additional temporary sign annually for the purpose of advertising a grand opening, anniversary sale, or other special event. Signs which exceed eighteen(18) square feet in area will not be allowed Temporary signs may be displayed for up to fourteen(14)consecutive days and may apply for one renewal. The location of temporary signs must be approved by the Building Commissioner. A permit from the Building Commissioner is required and a fee will be charged. There is no record in this department of any applications or approvals of any kind for your illegal temporary sign. This department does not grant variances from the Zoning Bylaw. Your temporary sign does not meet the criteria set forth in the bylaw,therefore relief to continue the use of the illegal temporary sign would be required in the form of a variance from the Zoning Board of Appeals. The issuance of a temporary sign permit (sandwich board) in the public right of way(sidewalk)raises its own set of questions. A. You were notified that your temporary sign was in violation the first time on July 23,2018. Failure to respond to the initial notification and your continuance with the violation,resulted in a second notice being sent on July 26,2018 with the appropriate fine being assessed in accordance with section 303.11.2; 303.11.2 Fines for Permanent and Temporary Signs. Any violator of any of the provisions of this bylaw will be given three(3)business days for correction of the defect or removal of the offending permanent sign, and one(1)working day for correction of the defect or removal of an offending temporary sign. If correction is not made in the allowed time, the owner will be finedfifty dollars($50)per day for the first seven (7)days and two hundred fifty dollars($250)per day thereafter. Violations of display of signs will be cumulative with consecutive violations accruing fines as outlined above. The fines as described in the bylaw regarding the illegal temporary sign will continue until the appropriate action is taken by you. You are hereby ordered to abate and or correct said violations or seek relief from the Zoning Board of Appeals as allowed by MGL Ch 40a§7& §15. You also have the right to appeal this decision with the Zoning Board of Appeals within 30 days of this letter. Please fmd the attached Zoning Board of Appeals application for your convenience. If you have any questions,you may contact this office at any time. ,,,�yoa1: Are — Mark Grylls Director of Inspectional Services/Building Commissioner Town of Yarmouth C:Town Counsel,Town Administrator,BOA,OKH, File