Violation 0•YAK . TOWN YARMOUTH
$ g BUILDING DEPARTMENT
MATTA�Iy-<<SE 1146 Route 28, South Yarmouth, MA 02664
Telephone 508-398-2231 ext. 1261 Fax 508-398-0836
VIOLATION NOTICE
May 7,2019
Ms.Katherine D. Douglas �6�z
46 Camp Street �I /6 toy O? 2tj
West Yarmouth,MA 02673 �/ •
Location of Violation:46 Camp Street West Yarmouth
Violation Date: December 28,2016 �'` Q
VVV `2 ,
Violations:
1. Failure to obtain a Building Permit to create and occupy roo in the basement.
Re: 780CMR,Chapter 1,Section R105.2—Required Permits
2. Failure to possess a Certificate of Occupancy for the occupied rooms in the basement.
Re: 780CMR,Chapter 1,Section R111.1—Use and Occupancy.
The historical facts of this matter are contained in the attached May 1,2019 Summary Memo prepared by me and
filed with Building Commissioner Mark Grylls. A Building Permit application was submitted on January 14,2019.
However,upon review on the same day, it was determined that the application was incomplete. There were six
outstanding items:
1. Workers' Comp.Form was not completed.
2. The Estimated Cost of the Work was not noted on the application.
3. A new interconnected Smoke Detector at the bottom of the garage stairs(enclosed area)is required and not
noted on the plan as I had discussed with you and Ms. Sylvester.
4. The Health Dept.plan review was not included.
5. The verbally agreed upon Restrictive Covenant Recording, concerning the prohibition of sleeping use in the
basement was not provided.
6. The garage exterior stair system detail—riser height,tread depth,guardrail and enclosed riser detail was not
provided. The proposed platform is in narrative form only.
Because Ms. Sylvester was acting on your behalf by meeting with Building Commissioner Mark Grylls and me at
various times and submitting the agreed upon Permit Application,I called her and left a message detailing these
deficiencies. The application lacked an email address. Building Commissioner Grylls also made two recent attempts
to call Ms. Sylvester. One call was not returned by Ms. Sylvester, and the other call resulted in a conversation
wherein, Commissioner Grylls reviewed the permit application issues. An appointment was set up for April 23,2019
to hopefully resolve this situation. However,Ms. Sylvester failed to show.
Accordingly,because of the blatant failure to take appropriate action and because of the life/safety nature of this
matter, and pursuant to the provisions of 780CMR Chapter 1, Section R114-Violaitons, You Are Hereby
Ordered to Cease All Use of the Basement Rooms and Remove all Associated Rooms,Immediately.
Failure to act will result in appropriate Court Action. In addition,MGL, Chap. 148A provides for
fines of$1,000 per day, per offense. Since two offense tickets have been issued to date, all subsequent
offenses would be treated as third and subsequent offences. Appliable tickets could be issued daily,
amountin,;to $2,000 each, until suc e as t ions have been abated.
So ordered, r _111., (.e > .2 r �f'!
4,„/„;
JaresII > andolini, Ej
Deputy Building Commission 1 , Q0A/""` "
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Enclose 1(2 pages)
cc: Mark Grylls,Building Commissioner
Served By Constable v /if /✓ /_ - � //c-vgve
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COMMONWEALTH OF MASSACHUSETTS
Barnstable, SS May 7, 2019
I, Paul J. Rooney, this day served the within Violation Notice dated May 7, 2019 &
Memorandum dated May 1, 2019; upon the within named, Katherine D. Douglas,
by leaving at her last known usual place of abode by affixing to the front door;
a true and attested original copy thereof.
To wit: 46 Camp Street, in said West Yarmouth, Massachusetts.
Time of Service: 2:20 P.M.
>,/, ,,,
Paul J Rooney,
Constable and isinterested Person
And afterwards on the same day,
I mailed First Class a Copy of the
within NOTICE to the within named
respondent at the within mentioned
address.
o� YAK TOWN OF YARMOUTH
44.
O . 'y
BUILDING DEPARTMENT
ce„ �ArTA=� Csrt 1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
MEMORANDUM
TO: Mark Grylls,Building Commissioner
FROM: James D. Brandolini,Deputy Building Commissioner
DATE: May 1,2019
SUBJECT: 46 Camp Street Basement Use/Occupied Area
As per our discussion,the follow is to serve as an Historical Summary concerning the use,creation of occupyable
rooms and life/safety issues at 46 Camp Street, West Yarmouth.
SUMMARY
-Building Permit No. 801 was issued on January 10, 1983 for the construction of the house with an unfinished
basement-3 bedrooms,2 baths, living room,kitchen/dining room comb, deck and 1 car garage.
-The house lies within a Nitrogen Loading Limitation Zone,pursuant to 310CMR, Section 15.214. In this case the
number of bedrooms is restricted to a maximum of three(3).
-December 28,2016—The property owner, Ms. Kathrine Douglas came into the Building Dept. office to discuss
the use and creation of rooms in the basement of her house,without benefit of a Building Permit. She and I met to
discuss the details. Ms.Douglas drew a floor plan and depicted a kitchen and a combined sleeping/living area. Ms.
Douglas stated this was created 4-5 years ago(2011-2012). This was a voluntary action on her part and expressed
her concern. Other details of area in question were discussed. I explained that the Town of Yarmouth Zoning
Bylaw Accessory Apartment provisions may be a vehicle by which to create a lawful dwelling unit. I also
conveyed the life/safety aspects of this matter.
-January 23,2017—Ms.Douglas visited the Health Dept. and was advised that an additional bedroom would not
be permitted because of the Nitrogen Loading Limitation provisions.
-March 8,2017—A follow up letter was sent to Ms. Douglas outlining our discussion and the Health Dept. issues.
-March 29,2017—Received a phone call from Ms. Douglas. Also received a phone call from a Mr.Paul Cambell,
concerning this matter. Mr. Cambell identified himself as Ms.Cambell's son,as I recall.
-September 29,2017—A follow up letter was sent to Ms. Douglas citing our meeting and phone conversations.
This letter was mailed Certified and regular mail. The Certified letter was not claimed.
-February 22,2018—Called Mr. Cambell and left message. She failed to return my call.
-February 22,2018—Letter sent Certified and regular mail. The Certified letter was not claimed.
-April 20,2018—Ticket No.B051-028655 issued pursuant to MGL, Chap. 148A and Building Code. Two
violations were cited;No Certificate of Occupancy and Failure to Obtain a Building Permit. Total fine was$200.
-May 14,2018—Received a call from Ms. Douglas requesting a meeting.
-May 23,2018—Building Commissioner Mark Grylls and I met with Ms.Douglas—reviewed issues. He and I
stated we would place the Ticket No. B051-028655 in abeyance proving she made progress in resolving matters.
-June 21,2018—Follow up letter citing meeting.
COMMONWEALTH OF MASSACHUSETTS
Barnstable, SS May 7, 2019
I, Paul J. Rooney, this day served the within Violation Notice dated May 7, 2019 &
Memorandum dated May 1, 2019; upon the within named, Katherine D. Douglas,
by leaving at her last known usual place of abode by affixing to the front door;
a true and attested original copy thereof.
To wit: 46 Camp Street, in said West Yarmouth, Massachusetts.
Time of Service: 2:20 P.M.
V •eigy
Paul J.`Rooney
Constable and Disinterested Person
And afterwards on the same day,
I mailed First Class a Copy of the
within NOTICE to the within named
respondent at the within mentioned
address.
Page 2-46 Camp Street Basement Use Memo
-July 17,2018—Received call from a Ms. Tina Sylvester. She stated she was undertaking preparing paper work on
behalf of Ms.Douglas. She latter stated she is Ms. Douglas' daughter in-law.
-July 27,2018—Spoke with Ms. Sylvester by phone. She reiterated her July 17,2018 conversation. I reviewed
the list of items discussed with Ms.Douglas on May 23,2018.
-October 10,2018—Follow up letter sent to Ms.Douglas---Certified Mail and regular mail. The Certified letter
was not claimed.
-October 12,2018—I called Ms. Sylvester. Left message. Call not returned.
-October 18,2018—I called Ms. Sylvester. Left message. Call not returned.
-October 18,2018—Ticket No.B051-028660 was issued with a$1,000 associated fine. Fine was not paid.
-November 7,2018—Building Commissioner Mark Grylls and I met with Ms. Sylvester to discuss remediation
measures.
-November 8,2018—Health Dept.Housing Inspector Kevin Hook and I met with Ms. Douglas on site and
inspected the basement area. We were not permitted to inspect the first floor. We requested a floor plan of the
first floor. We were advised that the bed she was sleeping in, in the basement was moved up stairs.
-November 18,2018—Floor plan was provided.
-November 30,2018—Inspector Hook and I performed a follow up inspection. Ms. Sylvester was present. We
were permitted at this time to view the first floor.
-December 27,2018—Letter sent to Ms. Douglas,reviewing our meeting with Ms. Sylvester, our inspection and
detailing the life/safety items and the need to obtain a Building Permit to correct these deficiencies. The letter was
sent Certified Mail and regular mail. The Certified letter was not claimed.
-January 14,2019--A Building Permit application was submitted. I reviewed same and listed six items that were
not addressed in the package. I called Ms. Sylvester by phone(no email provided)and cited these items.
-March 12,2019—Mark Grylls called Ms. Sylvester and left a message. She failed to return this call.
-April 18 2019---March Grylls called Ms. Sylvester and spoke with her about the outstanding items on the Building
Permit application. An appointment was set up for April 23,2019,but Ms. Sylvester failed to show.
May 1,2019—A written Building Permit Denial was issued(see January 14,2019 note above).
Because of the blatant failure to take appropriate remedial action by the owner, and in view of the life/safety nature
of this matter, it is my opinion we take appropriate legal action.
•
F'YRR�
= ra TOWN OF
YARMOUTH � ,
kf�MATTA n ,E�$ BUILDING DEPARTMENT - a '- I ' a
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y
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
BUILDING PERMIT DENIAL
May 1, 2019
Ms. Katherine Douglas
46 Camp Street
West Yarmouth, Ma 02673
RE: 46 Camp Street
I am in receipt of your building permit application received on January 14,2019,on which you propose
to perform the following work:
1. Finish % basement with summer kitchen for additional living space, additional bathroom.
Room to be used as library/Rec. room, canning kitchen according to plans.
2. Add 3x4 platform in garage according to plan.
3.Add 3x3 platform to garage exit on outside and even risers according to plan.
4. Add 3x3 concrete landing outside entrance to basement and reverse door to swing out.Add a
graspable handrail on inside of entry way according to plans.
r ,i' Having reviewed said application and associated documents I have determined that a building permit
j- 1� cannot be issued at this time due to the following reasons:
I / X. Workers'Comp Form was not completed.
24 Estimated cost of work is not noted on application.
1/'A new interconnected Smoke Detector at the bottom of the garage stairs(enclosed area)is required
and is to be noted on the plan.
4. The Health Dept. review was not included.
S.Restrictive Covenant recording,concerning the prohibition of sleeping use in the basement was not
provided, as was agreed. 'y,,..sv "... ---..
,/6. Garage exterior stair system detail—riser height,tread depth,guardrail,handrail and enclosed riser
detail was not provided. Proposed platform is in narrative form only.
Accordingly, your application package will be re-processed upon resolution of the foregoing.
Very truly yours,
�3
' et
kri4�s D ran�olini,
1 piatfBuilding Commissioner
cc: Mark Grylls
•
Brandol , Jim
From: Brandolini, Jim
Sent: Friday, January 18, 2019 3:10 PM
To: Grylls, Mark; Sears, Tim; Hook, Kevin; Cipro, Linda; Fallon, Rosa
Subject: 46 Camp Street Building Permit Application for Basement
FYI—I reviewed the Building Permit application for 46 Camp Street basement. Because the application did
donot include
ng Idetof
an email address, I called the owner's daughter in-law,Tina Sylvester and provided her,via message,
the items that need to be addressed:
1. W/C form not completed.
2. Estimated cost of work not completed.
3. A new interconnected S/D at the bottom of the garage stairs(enclosed area) is required and is to be noted on
plan.
4. Health Dept. review not included.
5. Restrictive Covenant recording. g guardrail, handrail and enclosed 6. Provide garage exterior stair system detail—riser height,tread depth,
tread—
proposed platform is in narrative form only.
Package is in Info. Needed box.
Jim
1