HomeMy WebLinkAboutHistorical Chronology 12-19-2018 o 'Y`rR TOWN OF YARMOUTH
' = o BUILDING DEPARTMENT
o -y 1146 Route 28, South Yarmouth, MA 02664
. 508-398-2231 ext. 1261 Fax 508-398-0836
December 19, 2018
Leonardo Marichal
Migdalia Marichal
448 Marstons Lane
Yarmouth Port,MA 02675
Re: 9 Pinewood Road,West Yarmouth
Dear Mr. &Ms.Marichal:
It has come to this department's attention that the property owned by you, is for sale. A potential buyer has
questioned the status of the second floor dwelling unit. Please be advised that I have researched this matter,by
reviewing the Building Department and Assessors'electronic records. My findings and comments are as follows:
HISTORICAL CHRONOLOGY
-January 16, 1979—A Certificate of Occupancy was issued for a single family dwelling.
-September 26, 1985—The Assessors' records reflect the house contained 2 bedrooms and 4 rooms total;
assessed as a single family
-April 10, 1997—The Assessors'records reflect the house contained 4 bedrooms and 2 baths with an unfinished
basement. Neither the Building Dept.or the Assessors records show a Building Permit for the creation of the two
additional bedrooms and bath.
-May 30, 1995—The Assessors' records reflect the house contained 4 bedrooms,2 baths
-June 16,2003--Building Permit application submitted by Mr.Leonardo Marichal,property owner;proposing to,
quote,"building external stairs and new door for my son that lives up stairs with his girlfriend,more privacy and
when they come late do not disturb."
-July 16,2003--A review of this application was conducted by Inspector Kenneth Bates. He noted the following
on the application receipt and Plan Review Note form:
Receipt Notes:
1. Provide existing floor plans
2. Min. Piers 10 inches,4 feet below finish grade 4x10
3. Min. posts 4x6 Provide type of PT&chemical make-up and type
4. Stairs max.riser 8 ''A inches-max tread 9 inches
5.Max spacing of balusters 5 inches
Plan Review Note Form:
1.780CMR,Mass State Building Code,Section 3603.12.1-needs 42x48 platform outside of door at top of stairs.
2.Need permits for Elect. &Plumbing work in 2°d floor room.
3. .Handrail needs to meet Section 3603.11.1.2 for size.
4. Stairs must rest on concrete pad at bottom.
A note also states that a call was placed to the applicant on July 16, 2003. It appears the purpose of this call
was to notify the owner/applicant of the issues noted.
Page 2-Re:9 Pinewood Rd. December 19,2018
-August 4,2003—A permit denial was issued by me stating"a floor plan is required to determine the existing and
proposed use of the second floor. In addition,on the same day it came to this department's attention that the stair
system was being constructed. Therefore, I requested that Inspector Bates visit the site to notify the
owner/applicant of the denial and in addition,a site plan depicting the location of stairs and an explanation of the
proposed use of the second floor,was to be provided.
-August 4, 2003—A Stop Work Order was issued by Inspector Bates, to the owner and a Mr. Wladyslaw
Litwinczk,citing the fact the stairs had been constructed,and a new door and window had been installed without
benefit of a Building Permit.
-September 8,2003—A second Stop Work Order was issued because no response had been received.
-November 14,2003—A letter was sent to Mr.Leonardo Marichal,owner,following up on the permit denials and
the Stop Work Orders.
-January 13, 2004—A Building Permit Application was submitted to create, quote, "3 bedrooms, 1 bath, and
closet space in basement,for in-law use."
-January 26,2004—Exterior stair system approved for zoning purposes,with respect to setbacks and lot coverage.
-February 19,2004—Existing and proposed floor plans of basement provided. The existing floor plan depicts no
rooms/unfinished. The proposed floor plan depicts three bedrooms, with one unlabeled room. An undated
proposed floor plan depicts two bedrooms and two unlabeled rooms.
-February 23,2004—An existing first and second floor,floor plan was submitted. The first floor plan depicts a
kitchen, living room, bedroom, eating area, study room and bathroom. The second floor plan depicts two (2)
bedrooms,living room,and bathroom. While the plan depicts a"fridge"it does not depict a kitchen or cooking
devices.
-March 8,2004--Building Code Review notes reflect the following:
1.One room unlabeled
2.Make-up air for heating system when enclosed.
3. Window schedule/dimensions-width,height&height above floor.
This information was requested by phone,but not provided.
-March 19,2004—The Health Director reviewed the proposed basement plans and issued a Denial based on the
fact the septic system was designed for a maximum of four(4)bedrooms. The aggregate number of bedrooms
would exceed that limit.
-March 30, 2004—Building Permit No. B-04-1071 issued for the construction of the exterior stairs.
-September 10,2004---Reviewed status of proposed basement alteration with owner/applicant.
-September 20,2004---Reviewed status or proposed basement alterations with owner/applicant
-September 27,2004—A written permit denial was issued for the proposed basement rooms.
-November 9,2004—Stair system was inspected.
Page 3-Re: 9 Pinewood Rd
SUMMARY
No Building Permit was issued to finish the basement; therefore you are required to file an application for the
room(s)that were created. Said application shall include a floor plan depicting the room dimensions and the
labeled room use. Associated Wiring and Plumbing Permits will also be required. The Building & Health
Departments will review for compliance.
No Building Permit was issued that approved the second floor as an independent dwelling unit which now
contains a kitchen. In order to maintain the use as an independent unit,you or the buyer shall file an application
for an Accessory Apartment Special Permit,pursuant to the provisions of Zoning Bylaw Section 407. In addition,
research of the Building & Assessors' Dept. records do not reflect a Building Permit for the creations of the
second floor rooms. However,the Assessors'records show a Building Permit was issued September 12,1994 for
insulation. I suspect this may have been for the second floor.
According to the Assessors' records,the existing second floor contains 936 square feet of area. Section 407.2,
para.7 limits Accessory Apartments to a maximum of 800 square feet. Exceeding this maximum would require a
Variance in addition to the Special Permit. Also,the owner is required to occupy either the Accessory Unit or the
principal dwelling unit. A minimum of three off street parking spaces are required. For further edification,all
relevant zoning details are contained in Section 407 of the Zoning Bylaw.
Finally,it is imperative that this action be taken immediately.
Very truly,
ito A14%;
ames D. Brandolini,
Deputy Building Commissioner
cc:Mark Grylls,Building Commissioner
Bruce Murphy,Health Director
Inspector Tim Sears
Danelle Quinn,Today Realty
Zoning Board of Appeals