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Home My WebLink AboutState Appeals Notice • is 'L:: d.d) y: LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. SEP 19 tote 490 MAIN STREET BUILDING DEPARTMENT YARMOUTH PORT,MA 02675 By: (508)362-7799 (508)362-7199 fax Paul R. Tardif,Esq. Melissa G.MacLeod,Esq. ptardifhtardiflaw.com www.tardiflaw.com Inelissa(Th ardiflaw.com REFER TO FILE NO. September 19,2018 HAND DELIVERED Tim Sears 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. Sears: Enclosed please find a copy of the State Building Code Appeals Board Appeal Application for the above referenced property, along with a copy of the Service Notice, and a copy of your denial letter. I thank you for your assistance in this matter. V-ry g 1 'ours, .t// ! / 1 l',, . . 094 Cc: Clifford and Patricia Betron Board of Building Regulations and Standards The Commonwealth of Massachusetts II 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 ONL Fee Received Check Number I r. f: 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 ❑ 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 pm-existing non-conforming detached one garage by placing the structure on pilings, in order to comply with the flood zone requirements, and by adding a second floor toth structure with living space. Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reservetherighttocontlnueproceedingsifsuch material warrant extensive review. Please provide a brief desctttion 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 prrhibits 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 We rear of the building, and because the adjoining lot is wetlands and windows on that side of the struc-ure 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 Tehmore 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? 1/ , `�Ai 04. t kr7/04 9, at a';r .e . t . dorRepresenV PI aePrintNama bl `�PIP' 4-121-1—W._—, � trn(14 �eet_ F'1,4j 1:1 i 14'i9; y `rol't1i � 1,5Is ,'t, 5 :.n'fa ,i;9r�. itii (easerreturn application'strirg1.ta'•',.,'.iIJ c, ,°r}t!3:4'F:lil: ;YS.1, ; d �!, Y t , E , Progani?Manager,RoardofzyI �r , r ' # 1I nm r 1 ': irl4 ',t' 1. .0 ,,,; iAppeals�, ' l r, II . i 111 ';',::::14:;'1/. 1, 1 : Rull , BoardofdInaRegulationsandStandards OneAst hbutt)6Plea,Room;1M4,.1 r':'i , ;'. DESCRIPTION OF BUILDING OkSTRUCTURE RELATIVE TO THE MASSACHUSETTS $�A�E?Bl1ILDING`,OODE,(7t11}EDITION):, (Chedcayapproprlatg) Do not complete the tables below for one and two family dwellings.Proceed to section entitled"Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction Existing Building Repair(s) I Alterations) 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 Ac A-5 1B B Business 2A E Educational 29 F Factory F-1 F-2 2C H High Hazard 3A I Institutional I-1 1-2 1-3 3B M Mercantile 4 RResidential R-1 R-2 R-3 5A S Storage S-1 S-2 5B U Utility Specify: M Mixed Use Specify: S Spedal Use Specify: COMPLETE THISSECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: ¶ Proposed Use Group: ExistingHazard Index(780 CMR 34): Proposed H azard Index(780 CMR 34): BUILDING HEIGHT AND AREA I BU ILD ING AREA Existing(if applicable) Proposed Number of Floors or stories Include basement levels Floor Area per Floor(sf) Total Area(sf) Total Height(ft) Brief Description of the PFODOSed Work: Replace existing garage with new flood zone compliant aaraae on 2 levels with storage and living ;Dace on second floor STATE BUILDING CODE APPEALS I,Paul R.Tardif.Esq. ,as Attorney for the Appellant/Petitioner Clifford 1.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 L `Pim Sears, 1146 Route 28,South Yarmouth,MA 02664 Personally September 19, 1 1 2018 Mark Grylls,Building Commissioner, 1146 Route 28,South Yarmouth,MA 02664 Personally September 19, 2 2018 3 1 glIASSAA Signature:Apor Pet ioner,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. 4110 ra Ceicalr -NOTA; ' r :LIC• MY COMMISlIIiP • ca ,i� AL of M.01, , � 11 �''4, ••ARYtttP`,`�`• 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 Tim Sears CBO Local Inspector Town of Yarmouth