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Violation (2) Vision Government Solutions Page 1 of 3 46 CAMP ST Location 46 CAMP ST Mblu 45/ 27/// Acct# 6535 Owner DOUGLASS KATHERINE D Assessment $226,300 PID 6535 Building Count 1 Current Value Assessment Valuation Year ! Improvements Land Total 2017 $136,800! $89,500 $226,300 Owner of Record Owner DOUGLASS KATHERINE D Sale Price $116,000 Care Of Certificate Address 46 CAMP ST Book&Page 12018/ 164 WEST YARMOUTH, MA 02673 Sale Date 01/26/1999 Instrument 00 Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date DOUGLASS KATHERINE D $116,000 12018/ 164 00 01/26/1999 CROWDER ELSIE $0 Building Information Building 1 : Section 1 Year Built: 1983 Building Photo Living Area: 1,056 Replacement Cost: $170,257 Building Percent 80 Good: Replacement Cost Less Depreciation: $136,200 Building Attributes Field Description Style Ranch Model Residential Grade: Average http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=6535 2/22/2018 Vision Government Solutions Page 2 of 3 Stories: 1 Story f" Occupancy i1 Exterior Wall 1 Clapboard Exterior Wall 2 Wood on Sheath �_ � Roof Structure: Gable/Hip ) Roof Cover I Asph/F Gls/Cmp _ Interior Wall 1 :Drywall/Sheet 1 % a k ar � Interior Wall 2 Interior Flr 1 €Carpet Interior Fir 2 ( ,. —_ (http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\02 Heat Fuel ,Gas \41/30.jpg) Heat Type: !Hot Water Building Layout AC Type: None Total Bedrooms: 3 Bedrooms .go ? Total Bthrms: 12 A 12 It Total Half Baths: 0 ir0 Total Xtra Fixtrs: Total Rooms: 5 Rooms :" ,� \ Bath Style: ;Average L '" Kitchen Style: Modern - Building Sub-Areas(sq ft) Legend Code Description Gross Living Area Area I 1 BAS First Floor 1,056 1,056 FGR Garage 336' 0 UBM Basement,Unfinished 1 1,056, 0 WDK E Deck,Wood 180 0 2,628 1,056 Extra Features Extra Features Legend[ No Data for Extra Features Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.35 Description SINGLE FAM MDL-01 Frontage 0 Zone Depth 0 Neighborhood 0030 Assessed Value $89,500 Alt Land Appr No http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=6535 2/22/2018 FYAK TOWN OF YARMOUTH 3 eA,: • • BUILDING DEPARTMENT O -H Ter, MATTA Kst,"ZT 1146 Route 28, South Yarmouth, MA 02664 9IO..Co� `UO -JJ Telephone 508-398-2231 ext. 1261 Fax 508-398-0836 VIOLATION NOTICE May 7,2019 Ms. Katherine D.Douglas 46 Camp Street West Yarmouth,MA 02673 Location of Violation: 46 Camp Street West Yarmouth Violation Date: December 28,2016 Violations: 1. Failure to obtain a Building Permit to create and occupy rooms 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, amounting to$2,000 each, until such time as the violations have been abated. So ordered, c Jae . randolini, Deputy Building Commission Enclose 1(2 pages) cc: Mark Grylls,Building Commissioner Served By Constable TOWN OF YARMOUTH • v. c BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, MA 02664 ��4rOr.floi� I l7 r' 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. FIee-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. / , .CT F. LE. .SED E3? SOT RELEASED BY 0,!; �- - FLANNJti ( ' 3OAP7 PLANNING BO4ARD• • • 4 DATE No.---- 0"/ 'ilb * y P Application for a Permit to Buil ( *1 ,3 9°L Pc-- Fee must accompany this application .j(/"3..,,a 6 Yarmouth TO THE BOARD OF SELECTMEN The undersigned hereby applies for a permit to build, according to the following specifications: 1. Name of Owner b(4-co tRe.1\..I 'r...$) Address 2 0. Q4.4 sal! S b• k 2 me v r,+ 2. Name of Architect (if any) iVoarl.s,ok. DPsty 3. Name of Builder [p ALL_---- C2o..o 2 7-c2 4. Precinct No. 4.. Lot No. ).to t f o. Plan: Name or No. A.M. 38 �3-Cpo Rn co) 5. Name of StreeHtCA r,'P 54. SoorH Pogrio0 FRoar,AuG o,J CAPArST. .6. Purpose of Building RC s%do 7. Material v-o o d4, 6. (3 err IA S 8. Estimated cost of building 50)oo C, '/11.-51~ reodA- // 2 4 1 L io uJ , (C f1. 9. Dwelling • K . /b 10. Cottage // 2 , 6� K i� b,� !xJ G(cow+Q) /o, Dtc K 11. Heat )'N y, Grl� c Aa./ G 6?-4,- j �'fl2 6#1-ct A G 12. Basement r=v 1‘ De`� /� f S Z .S 13. Garage ?PS ` 4?.: - a , P 14. Store /6 �. 6 ' r 15. Shop 16. No. of stories 0 n c 17. Is there to be a Store in the lower storey ti,o 18. Size of Lot. No.of feet front / O l No. of feet rear / C 0 $ No. of feet deep • syll S C 19. Size of building. No. of feet front ' 5 9 No. of feet side ... .1.1.2 No. of feet rear TS 20. Distance from nearest building: Front ft.; side ft.; side ft.; rear 21. Distance back-from line or street 59 , from rear lot Iine . 7 / , side line / I3..1.....- Show by diagram the location of propsed building with relation to distances from adjoining lots, on reverse side. Name OA CO eecA 1 f- 4 Address 9.0 . S 't So��..)lcirzvt'ov`xL 0, d 4 I • ICrAt OF L f APPLICATION FOR VARIANCE � NAME: Deco f�G1� `"r s -` � DAZE. / 1) 0 )8 ADDRESS: p. 0 ;.24 so Location of Variance CO A p • Description of Variance 7v a lc., $�„�,�.a,�.. -fo L 1 .2 lac-cl-, be \0— h-ik Po,..} RA' Sketch of Proposed Constriction: Work to be performed by: Permit Number: Inspected by: Date: f /1 ° ) Q 3 Si.grr►at ire t. '' Irg' C • • TOWN OF YARMOUTH O �►�, SOUTH YARMOUTH MASSACHUSETTS 02664 \MATTAC /!Pg-i , BOARD OF HEALTH DACO REALTY TRUST Variance from Provisions of Title 5: P.O. BOX 524 Regulation: SOUTH YARMOUTH, MA 02664 awn P tents: Section: 3.7 Re: LOT 46 - CAMP ST. Date: JANUARY 10, 1983 WEST YARMOUTH, MA Dear SIRS . e Yazuaith Board of Health has received your application for a Variance from the provisions of Regulation of Title 5 of the State Environmental Code and/or Section 3.7 of the Tcwn of Yarmouth Amendments for Subsurface Disposal of Sewage. Having determined that strict enforcement of the above Regulations in this in- stance would do manifest injustice, and further, that your requested variance cis not conflict with the spirit of the State Environmental Code or the Regu- lations of the Town of Yarmouth Amendments, the variance is hereby granted on this date JANJARY 10, 1983 , as follows: TO ALLOW FOUNDATION ELEVATION TO BE 1.2' BELAW HIGH POINT OF ROAD AFFRONTING LOT. A VARIANCE OF 0.8' . You must provide a 3/4 inch Negative grade for fifteen feet surrounding the foundation. You are hereby advised that the variance granted herein will expire in 90 days frau date of issue unless all work authorized by said variance has been completed prior to the date of expiration. In granting this variance the Town of Yarmouth will not be responsible for any water damage to the foundation, septic system or adjoining lots. I have read and fully understand the conditions of the above variance and Bruce , R.S., HPh Officer accept then as written. Town of Yarmouth Cilum,44A, cc: Building Department Date: / 1i° I 6 file