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HomeMy WebLinkAboutBuilding Code Appeal 09-19-2018 1 1 LAW OFFICES OF f RECEIVED I V E PAUL R. TARDIF, ESQ., P.C. Y1 G W 1 Sf 490 MAIN STREET SEP 192018 YARMOUTH I PORT,MA 02675 (508)362-7799 (508)362-7199 fax BUILDING DEPARTMENT Paul R Tardif,Esq, — ptardif 2tardiflaw.conl www.tardiflaw.conl melissa©tardiflaw.coni REFER TO FILE NO. September 19, 2018 HAND DELIVERED Mark Grylls,Building Commissioner Yarmouth Building Department 1146 Route 28 South Yarmouth,MA 02664 RE: 9 Flakeyard Lane;West Yarmouth Clifford and Patricia Betron State Building Code Appeals Board Appeal Dear Mr. Grylls: Enclosed please find a copy of the State Building Code Appeals Board Appeal A,slicati.• .r the above referenced property, along with a copy of the Service Notice, and a cop, o your denial letter. I thank you for your assistance in this matter. Very) 11 Yo s Paul R. Iardif Cc: Clifford . d Patricia Betron Board of Building Regulations and Standards ` The Commonwealth of Massachusetts 1,2 Department of Public Safety Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, Massachusetts 02108-1618 Phone (617) 727-3200 Fax(617) 227-1754 STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM DOCKET NUMBER DATE September 19, 2018 (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person.(Please fill-in the name of the appropriate municipal or state building inspector or other authority Also,Also indicate if this is a request for a hearing de novo(new hearing) relative to a decision of a municipal app board.) Building Official from the Town of: Yarmouth (Tim Sears and Mark Grylls) Board of Appeals from the City/Town of: (Request for hearing de novo) State Building Official: Other: Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance XX Order Direction Interpretation Failure to Act Other STATE USE ONLY, Fee Received Check Number, Received By ; (This section must be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? No 0 Yes XX If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). Applicant appliec for and was granted a Special Permit by the Yarmouth Zoning Board of Appeals pursuant to Zoning Bylaw 3104.3.2(2)to alter or extend a pre-existing non-conforming detached one garage by placing the structure on pilings, in order to con-ply with the flood zone requirements, and by adding a second floor to th structure with living space. Please take care toiubmitall written supportingdocumentationwiththisapplicationtoallow timefor review. However,Board members reservethe rightto continue proceedings if such material warrantextensivereview. Please provide a brief desa otion of the desired relief below.Additional information may be attached if space is not sufficient.Applicant seeks to raze a detached garage and replace It with a new detached garage approximately 9 feet frun a salt marsh. The Yarmouth Building Commissioner has determined that the State Building Code prchibits the inclusion of second story windows on the back of the garage closest to the salt marsh. Applicant seeks a Variance to allow the windows, as approved by the Zoning Board of Appeals, to be included In the new structure for the reason that there existed on the now-removed structure windows on the rear of the building, and because the adjoining lot is wetlands and windows on that side of the structure will not interrupt privacy. Please complete the following section completely and accurately. Name of Clifford I.Betron and Patricia S.Betron Representing: Appellant: Address 381 Tatuttore Drive,Deerfield CT 06825 For Service Telephone 917-968-8967 Fax Number: Number: Address of 9 Flakeyard Lane,West Yarmouth,MA 02673 Subject Property (if different from service address): Owner What Is appellant's connection to subject property? /0° ' Cwtart.0 g, . . .. ... . . . t • or Represent / PITes Print Name b _ ;a. lo Please return applications to z:a 1 r '' �r ` % fr r °Program Manager;Board of Wr ' .' , ;.Appeals ) ,.; ° ,:. ','• Board of Building Regulations and Standards tone Ashburton Place,Rootn • ;..; .. .... ., .-' ;.,:., . ...., .:.:...a .. r. ',.n ...; v -.o...,.. rte..,,. ," s. .'.;r '•.c '.r::.,.y.,. ..,,' DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO•THE MASSACHUSETTS SIATEiBUILDING:CODE(7thiEDITION) ^' :(cliedces-appropriate) Do not complete the tables below for one and two family dwellings.Proceed to section entitled"Brief Description of the Proposed Works. DESCRIPTION OF PROPOSED WORK(dcedc all applicable) New Construction Existing Building Repair(s) I Alteration(s) I Addition Accessory Bldg. Demolition Other Specify: Brief Description of Proposed Work: USE GROUP AND CONSTRUCTION TYPE I USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE AAssembly A-' A-2 A-3 1A A-c A-5 1B B Business 2A E Educational 28 F Factory F-1 F-2 2C H High Hazard 3A institutional 1-1 1-2 1-3 3B M Mercantile 4 R Residential R-1 R-2 R-3 5A S Storage S-1 S-2 SB U Utility Specify: M Mixed Use Specify: SSpedal Use Specify: COMPLETE THISSECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS ADDITIONS AND/OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing H azard Index(780 CMR 34): Proposed Hazard Index(780 CMR 34): BUILDING HEIGHT AND AREA I BUILDING AREA Existing(If applicable) Proposed Number of Floors or stories indude basement levels Floor Area per Floor(sf) Total Area(sf) Total Height(ft) Brief Description of the Pr000sed Work: Replace existing garage with new flood zone compliant aaraae on 2 levels with storaae and living space on second floor STATE BUILDING CODE APPEALS BOARD ; ;, I,Paul R.Tardif.Esq. ,as Attorney for the Appellant/Petitioner Clifford I.Betron and Patricia S.Betron an appeal filed with the State Building Code Appeals Board on SEPTEMBER .2018 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 113.0 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE Tim Sears, 1146 Route 28,South Yarmouth,MA 02664 Personally September 19, 1 1 2018 Mark Grylls,Building Commissioner, 1 146 Route 28,South Yarmouth,MA 02664 Personally September 19, 2 2018 3 i / ,/ 11 gnatutd Appellant or Petoner,by their attorney,Paul R.Tardif,Esq. On the 19th Day of September,2018 PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED Clifford I. Betron and Patricia S. Betron,by their Attorney, Paul R. Tardif, Esq., AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. 0 NOTA t' PU: " MY COMMIS St ( 'm IS. TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-22311 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner Gordon Clark Northside Design Associates 141 Route 6A Yarmouth Port, MA 02675 •September 6, 2018 RE: 9 Flakeyard Lane—variance request Mr. Clark, I have received your letter dated April 23,2018 requesting a variance from Table 302.6 of the Massachusetts State Building Code. I regret to inform you that I cannot waive requirements of the building code. You have the right to appeal this decision to the Board of Building Regulations and Standards. Questions in this matter may be directed to this department. Very Truly ✓y Tim Sears CBO Local Inspector Town of Yarmouth