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Home My WebLink AboutNotice of Violation 08-01-2018 ENDER:COMPLETE THIS SECTION - COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3. A. Sign ■ Print your name and address on the reverse X L— 0. 0 Agent so that we can return the card to you. 0 Addressee. • Attach this card to the back of the mailplece, ` - - °� C.Date of Delivery: or on the front if space permits. Oat 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes • f - - - - - - - - - If YES,enter delivery address below: 0 No ,�� Francis Foster l „A%\ ' P.O.Box 2628 �.6 Hyannis MA 02601 k \. % 3 11111111111111111111111111111111111111111111 g Adult Signature Restricted Delivery 0 REl e 'stared Mail Restricted Adult Signature v ority Mall apresst 0 Registered Mail 0 Certified Mae 9590 9402 3683 7335 9908 28 0 Certified Mad Restricted Delivery 0 Return Receipt for o coiled on Delivery Merchandise 2. Article Number(Transfer from service label 0 Collect on Delivery Restricted Delivery 0 Signature Confmretin" 7014 2120 0004 1910 1014 ;0ine redInsured MdtResblctedDefivery all °RetrWedre Confirmation Reenacted Deliver/ PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt . USPS 1RACKLIG# V I I I II I VIII, I I I I I I I I VII I Postage 0 Paid USPS No.G-10 9590 9402 3683 7335 9908 28 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service Attn.Brad Inkley TOWN OF YARMOUTH • Building Department 1146 Route 28 South Yarmouth, MA 02664 1111111p11fI111d4"1111111111'il9u'lililhuli'llll„idl U.S;Pasta ,Service'" oomesir t`Hon,t ®'RECET CERTIFIED MAILP C3 w. 1 For delivery Information,visit our website at wwusps.com•asO OFFICIAL USE ra I1" Postage $ A Certified Fee Pont l Return Receipt Fee Here I (Endorsement Required) Restricted Delivery Fee -- —_- -- _ _ _ g (Endorsement Required) 4,.q Total Postage&Fees Francis Foster 7 a P.O.Box 2628 o b`beetk7 Na., , Hyannis MA 02601 t` orPO Box Na Y City.State.ZIPH , Certified Mail service provides the following benefits: •A Certified Mail receipt(this portion of the mallpiece;include applicable postage to Certified Mail label). cover the return receipt service fee;and •A unique Identifier for your mallpiece. endorse the mallpiece'Return Receipt •Electronic verification of delivery or attempted Requested,'or Beet retail associate for delivery. assistance.For an electronic return receipt •A record of delivery(Including the recipient'' see a retail associate for assistance.To signature)that is retained by the Postal receive a duplicate return receipt,present Service'for a specified period. this CSPS postmarked Certified Mail Important Reminders: receipt to the retail associate,who will provide a duplicate return receipt for no •You may purchase Certified Mall service with additional tee. First-Class Mail,First-Class Package -Restricted delivery service,which provides _ Service°,or Priority Mail'service. delivery to the addressee specified by name, •Certified Mail service Is notavaliable for or to the addressee's authorized agent International mall. Include applicable postage to cover the •Insurance coverage Is not available for restricted delivery fee end endorse the purchase with Certified Mail service.However, mailpiece'Resmcted Delivery;or see a the purchase of Certified Mall service does not retail associate for assistance. change the Insurance coverage automatically •To ensure that your Certified Mall receipt Is, Included with certain Priority Mail items. accepted as legal proof of mating,It should •For en additional fee,you may request the bear a USPS postmark.If you would like a following services: postmark on this Certified Mall receipt please -Return receipt service,which provides you present your Certified Mall Item at a Post with a record of delivery(Including the Office^for postmarking.If you don't need a recipient's signature).You can request a postmark on this Certified Mall receipt,detach hardcopy return receipt or an electronic the barcoded portion of this label,affix It to the version.For a hardcopy return receipt mailpiece,apply appropnate postage,and complete PS Form 3811,Domestic ReWR3 deposit the mailpiece. Receipt attach PS Form 3811 to your IMPORFAKII Save this receipt for your records. Pa Form 3800,JJy 2014(Reverie)PSN 753ece0004041 TO _ N'OF�XAi MVIUOTH a --; 1146 Route 28?Sonthit Yarmouth, MA 02664 Lr\ 508-398-2231:ext':T1161>Fax 508-398-0836 Office of the'Building:Commissioner NOTICE OF VIOLATION Francis Foster August 1, 2018 18-24 East Main Street West Yarmouth MA.02673 Re: 18-22 East Main Street- Freestanding Business Center Signage-Store Frontage Signage-Use and Occupancy Dear Mr. Foster, This is your official Notice of Zoning and Building Code violations. ZONING VIOLATIONS: Your signs on units 18, 20, 22 have not been lawfully permitted for the attached sign. There is also a prohibited (Quill/Feather type sign) 303.1 Goals and purposes—To regulate signage though a mechanism which protects and serves the individual and economic interests of residents and businesses while at the same time respecting community character, architectural design, and public safety. No sign shall be erected nor maintained except as specifically allowed in this section. 303.3.1 Prohibited Signs.Pennants, balloons, aerially supported devices, electronic messaging centers (except for time, date, and temperature), quills/feathers, or any other sign not specifically allowed, are prohibited in all districts. 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. 303.5.4.3 Business Centers—Conformity. In each business center all freestanding signs will conform to each other as far as, material of construction, color, background and general style. All,freestanding business center signs must have one background and one foreground color. At this time your sial does not meet the requirements of these provisions of the Zoning By-Law and shall be remedied using one of the following methods. Units 18, 20, 22 signs were not lawfully permitted. 1. Apply for and receive a permit to replace the signs with one that meets the requirements of the Town of Yarmouth Zoning Bylaw. Temporary signs. 2. Remove prohibited Quill sign, apply for temporary sign permits as allowed in Yarmouth Zoning Bylaws. You are hereby ordered to abate and or correct said violations within 7 days. Failure to do so may result in criminal and or civil complaints being filed against you. You also have the right to appeal this decision or seek relief with the Zoning Board of Appeals as allowed by MGL Ch 40a §7 & §15. 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(I)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 hundredfifty dollars($250)per day thereafter. Violations of display of signs will be cumulative with consecutive violations accruing fines as outlined above. 780 CMR MASS. STATE BUILDING VIOLATIONS. A search of our records indicates that unit 18,20,22 have not obtained the required Use and Occupancy permits and are occupied unlawfully.These units are in violation of section 111 780 CMR. 111.1 Use and Occupancy. A building or structure shall not be use or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provision of this code or of other ordinances of the jurisdiction. • R105.1 Required. It shall be unlaxful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to chow the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit. 105.4 Validity of Permit. The issuance of a permit shall not be construed to be a permit for, or an approval of any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not he valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data. The Building Official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. Violations of 780 CMR- Such rules and regulations, together with any penalties for the violation thereof, as hereinafter provided, shall comprise and be collectively known as the state building code. Section: 114 &MGL c.143 § 94A carry penalties. ll7ioever violates any provision of the state building code, except any specialized code as described in section ninety-six, shall be punished by a fine of not more than one thousand dollars or ky imprisonment for not more than one year, or both,for each such violation. Each day during which a violation exists shall constitute a separate offense. If you have any questions regarding these matters contact me during normal business hours. Very Truly, Brad Inkley Local Building Inspector Francis X. Foster II P.O. Box 2628 Hyannis, MA 02601 • (508) 878-5694 FXFoster@comcast.net August 4, 2018 Brad Inkley - Building Inspector Town of Yarmouth, 1146 Route 28 South Yarmouth, MA 02664 re: 18-22 East Main Street Brad, I am in receipt of your letter of August 1 , 2018. I know my free standing sign at the street is legally permitted. Thus, I 'm working on the assumption that your notes are pointed to the tenant ' s signs and permits . If I am in error, please correct me and I ' ll rectify my situation as soon as I can. I have handed a copy of your letter to the tenants involved. I have instructed them to come to your office as soon as possible. My experience is that these are good and honest people. I do not expect you' ll have. any push back once they understand the rule infractions involved. Thank you,,, Frank Foster