Violation (6) os•Y,qR TOWN OF YARMOUTH
'c- o BUILDING DEPARTMENT
o ,' . y 1146 Route 28, South Yarmouth, MA 02664
MATTACM « 'x 508-398-2231 ext. 1261 Fax 508-398-0836
�MOYiC��Cy�
October 10, 2018
Ms. Katherine D. Douglas
46 Camp Street
West Yarmouth, MA 02673
Re: 46 Camp Street Basement Use
Dear Ms. Douglas:
On July 27,2018 I met with a Ms. Sylvester concerning the use of the basement at your house,located
at 46 Camp Street,West Yarmouth. Ms. Sylvester advised me that she requested this meeting on your
behalf. We reviewed the list of issues noted in my June 18,2018 letter with the most problematic issue
being,Title V. Upon completing of our meeting it was agreed that alternatives would be sought by you
to abate the Title V issues. The site is located in a Zone 2, with bedroom limitations.
The following is a summary of communications on this matter:
-December 28, 2016--meeting with me in my office at your request
-March 8, 2017—my follow up letter
-March 29, 2017—received a call from you and a Mr. Paul Cambell
-September 29,2017—another follow up letter mailed regular and certified. The Certified letter was
not claimed by you.
-February 22, 2018—I called you and left a message. You failed to return my call
-February 22, 2018—follow up letter sent regular mail and Certified. The Certified letter was not
claimed by you.
-May 14,2018—A Building Code Violation Ticket No.B-051-028655 was issued,citing two violations
and associated fines totaling $200.
-May 23, 2018—You, Building Commissioner Mark Grylls and I met in our office and once again
discussed the Building Code and Zoning violations, and abatement of same.
-June 21, 2018—A follow up letter was sent referencing our May 23, 2018 meeting.
-July 27, 2018—A Ms. T. Sylvester came into my office to discuss the matter on your behalf.
IL •
Page 2-46 Camp Street Ms. Katherine D. Douglas
Based on the protracted history of this matter,you are hereby ordered to Cease&Desist the use of the
basement unit,immediately. Until you prove compliance,I will resume issuing Building Code related
Tickets which carry a$100 for the first offense,$500 for the second offense and$1,000 for subsequent
offenses. A first offense ticket was issued on May 14,2018. I consider second and subsequent offenses
to have occurred within seven(7) days of the prior ticket issuance.
In addition I shall commence issuing zoning related Tickets which carry fines of up to $300 per day,
with each day constituting a separate violation.
So ordered,
James D. Brandolini,
Deputy Building Commissioner
cc: Amy vanHone, Assistant Health Agent
Certified Mail 7014 2120 0004 1910 4688
Regular Mail
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•ATE ISSUED DE NT ISSUING OTICE ISSUED = .. =UILDING OMMISSIONER OR DESIGNEE =UILDING •FFICIAL 'RINT NAME OFFICER I.D.QUMBER
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NAME OF FFENDER(LAST) (FIRST) , (MI)
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ADDRESS CnY/,T�o STATE ZIP CODE
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DATE OF VIOLATION TIME LOCATION OF VIOLATION(INCLUDE M,ST,CITY,TOWN) STATE' ZIP CODE
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VIOLATIONS(S): Building Code, 780 CMR (Code of Massachusetts Regulations) Check One: IF ❑No specific conditions to be corrected
} , ❑Warnings of violation(s)only Continuing conditions to be corrected within 24 hours
� 0 Conditions to be corrected by:(date)
fg Vlolation(s)780 CMR (1" offense=$100. 2nd offense=$500. 3ro or subsequent=$1000.) Description of Condition:
>r dF Description /J Assessment ,/� n_ /_ ,, y
Sec: `f 1. / ' s HO de i+ /L`/e.7 t • •f per"; $,��ryd vl f c-�"V7drl'y
Sec: /0s,1 e t9LJ) I/�►r A/*7� (y 4/t'rei r $ Di' m ' ^
Sec: Occupant Load Exceeded ;,. '' $ a '�
ateb x.s
Sec: interior Finish ,,, ''''4 4
Sec: Occupant Notification Devices _ ls;`%,,,;,
Sec: Fire Detection Devices a ,s
Sec: Sprinkler Systemt-,--4 f $ /�
Report Attached ❑ Yes o Total nt Duey - Opel; �' ,�44 ley
This is a 2nd or subsequent offense Date(s)of prior Offense(s) PO/t /
OFFICER CERTIFICATION: I certify that I am authorized to issue this M..., „: (ding Code Violation Notice in accordance with the provisions of
M.G.L. c. 148a. I further certify that(check one):
❑ I have delivered a copy of this violation to the offender,or the offender's agent at the time and place of the violation
.. Signature of offender or agent of the offender upon receipt:
Name: Date:
0 Check here if offender refused to accept delivery(Note:Whoever upon the request of any local or state code enforcement officer refuses to state his/her name
and address shall be punished by a fine of not more than$200.00(M.G.L.C.148A.)
❑1 I have mailed a copy of this violation notice to the offender at the offender's last known address.
I have delivered a copy of this violation at the offender's last known address. 1 - i'
Li Address of mailing or delivery: '1/(f" 1�ill la 5 r. lr! I I-o e yam'( ' '
ire
1 MAKE PAYMENT OR REQUEST AN APPEAL TO: V,
' S' ' 1001104A$t
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OFFICERS COPY
" '- Im�. ortant Instructions -- 7
• You have r been stted-u l non- riminai notice Of a code violaticin under--the provisions of
M tssa ciiusetts Qenerat Laws ehitpt�r 14 A. These instructions i�_e you y en important
information about your ke ponsthiInies and riLltts regatding this violation notice.
,- *if the box A.,,,.`Wariaiktg of Vi'p atii[►n(s))n y"has been checked,there is no need topay any money
rt - or As;cssment. H ,owever, any sta ec`enditior i st�be,.carre ted within thetime stated.-; -
4 If the box B. "Violation(s)" has.been checked, you'must within- 21 days-Of the receipt of this Notice
of Violation: -
• Check either Box(1) below indicating that you are paying the assessment, OR
• • Check Box (2) below indicating that you request a hearingAND,
• Sign where indicated and maif.this notice of violation to the address:in Box D. -
9 If this notice is for more than I. vid ation, you may request a hearing on any one or_mo{re of:the
violations. Ho ever;you may not pay theother;violations until those violations for which a herring has
been requested have been resolved. .
4;You must at o correct any7cordi.tions indicated in Box C.
4 If you fail to return this citation within`21 days;with either box (1)or box (2)checked
You will tose your right to a hearing; -
rou %ill be deemed rc: txntsib,Ie I at:rrni (s)`listed in this notice
for die purpo.es of any future Civil c" tninal pt. .ding regarding this matter.iind :
If the condition which caused the'no of viola(' r-wartting to issue"continues to
r _ exist you ma,i be subject to the suspe -)ti,or re ' iqh of any license;permit
or certificate bier the subject building' _ 'niises issued by the
municipalitv,:the State_ Fire :marshal , e=Cclinna •er of Public Safety -
pending the correction s�.f the :onditi l ; .
--
T« Pa ie$t.a fle
y IfB y Of Rec)x I or 2 and Si;n3elw
(.1.) ❑ 1 wish to pay the assessment(s) indicated. I elect to pay the "Total AmountDue as a final
disposition of this matter and--I'm waiving my right to a hearing regarding this matter. 1`.understand that
such payment is an admission of iespon.sibili.ty for all violLitid is indicated on.the violation notice: -
To pay: Mail orde1'iver a check or money order for the total amount due AN!)this original Violatietr4
' Notice to the addressee as indicated in Box D on the front of this Violation Notice.Do Not serf ,
cash! The Checkor money carder shall be made out to the City, Town or State Agency'indicated in
Box D.
- . .- j
(2) 0 1. request a hung on this matter I dispute the violation(s) listed on this code Violation
Notice and request a searing before the munielpill hearing officer or the appropriate clerk '
magistrate as indicated in Box D on the front of this violation notice,. I understandyrthat I will~he
notified by mail of the date, time and place of the'hearing, I am aware that if I fail to appearit the
time and placeof the hearing I will be deemed responsible for the listed violations.
After checking either hex (1) or(2), sign below: -
Offender's Signature: - Date:
Print Name:
Address• _.__. ' _._ 1
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OFFICE MEETING NOTES
ADDRESS: 1/‘ 4,7/ ,e DATE: 2
NAMES OF ATIENDEES:
ZONING DISTRICT:
FLOOD ZONE:
MEETING TOPIC: fee2-e
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NAMES OF ATTENDEES: ' Ie>er''� !G�'� -
ZONING DISTRICT:
FLOOD ZONE:
MEETING TOPIC: (
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December 27, 2018 n1:3 ( Re4
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Ms. Katherine D. Douglas - .--__—
46 Camp Street .rti ..............
West Yarmouth, MA 02673 a fIV No� T 0 -•-
0 or PO Box No. _------ ~
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See Reverse for Instructions
Re: 46 Camp Street Basement Use 201�
PS Form 3800,,1u�Y
Dear Ms. Douglas:
On November 7,2018 Building Commissioner Mark Grylls and I met with Tina Sylvester in our office
to discuss the reason this department had issued its latest Building Code Violation Ticket with a$1,000
fine. At the conclusion of that meeting arrangements were made for Housing Inspector Kevin Hook and
me to conduct an inspection of the house.
. we met with you and conducted an inspection of the basement areas and garage.
As a follow up, on "d ej 1.lj``2O 8 we conducted inspections of the basement areas, garage and
upper level/main house areas. Tina Sylvester was present during that inspection. The following
observations and issues were discussed at the time of these inspections with you and Tina Sylvester:
-No Building Permit or Certificate of Occupancy for basement use.
-No bed was observed in the basement area.
-The fmished area of the basement consists of a kitchen area with sink and electric range,full bathroom
and open area of which a portion was once was used for sleeping purposes. This open area contains a
desk and book storage. The electrical outlet located on the wall near the sink is not GFI protected.
-The finished area in the basement has two means of egress; one discharges via a door adjacent to the
kitchen. The stairs leading to this door has no required landing and no graspable handrail. I had a
discussion with Ms. Sylvester on some options to mitigate these conditions.
-The second means of egress is accessed via travel thru the unfinished portion of the cellar,ascending
stairs into the garage and discharging out rear exterior stairs. The existing stair system does not have a
required landing or a graspable handrail, contains open risers and variable riser height. Access to this
exterior door requires stepping up over a concrete curb at the top of the cellar stairs and stepping up
over another concrete curb to exit the exterior door. I suggested to Ms. Sylvester that a single platform
be constructed to mitigate this hazard.
-The garage is currently not used for the parking of vehicles; but used for storage. The storage as
observed obstructs free passage for exist discharge purposes and for accessing the main house area,via
a door at the kitchen.
,
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TOWN OF YARMOUTH _
Building Department :;'�'r' .,�? c
1146 Route 28 _ E f'I.' _~.: �'
South Yarmouth,MA 02664 � [p¢��d= �Y F
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CERTIFIED MAIL° RECEIPT OWN OF YARMOUTH
IV Dnr;rstic Mail Only JILDING DEPARTMENT
For delivery information,visit our website at www.usps.com's. to 28, South Yarmouth,MA 02664
o OFFICIAL USE -2231 ext. 1261 Fax 508-398-0836
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1800,July 2014 See Reverse for Instruc
Dear Ms. Douglas:
On July 27,2018 I met with a Ms. Sylvester concerning the use of the basement at your house,located
at 46 Camp Street,West Yarmouth. Ms. Sylvester advised me that she requested this meeting on your
behalf. We reviewed the list of issues noted in my June 18,2018 letter with the most problematic issue
being,Title V. Upon completing of our meeting it was agreed that alternatives would be sought by you
to abate the Title V issues. The site is located in a Zone 2, with bedroom hill' - '..i.t;
The followingis a summary �/ '���of communications on this after: i
G'c
-December 28, 2016--meeting with me in my office at your request
-March 8, 2017—my follow up letter afia,
-March 29, 2017—received a call from you and a Mr. Paul Cambell nil'!
-September 29,2017—another follow up letter mailed regular and certified. The Certified letter was
not claimed by you.
-February 22, 2018—I called you and left a message. You failed to return my call
-February 22, 2018—follow up letter sent regular mail and Certified. The Certified letter was not
claimed by you.
-May 14,2018—A Building Code Violation Ticket No.B-051-028655 was issued,citing two violations
and associated fines totaling $200.
-May 23, 2018—You, Building Commissioner Mark Grylls and I met in our office and once again
discussed the Building Code and Zoning violations, and abatement of same.
-June 21, 2018—A follow up letter was sent referencing our May 23, 2018 meeting.
-July 27, 2018—A Ms. T. Sylvester came into my office to discuss the matter on your behalf.
o� YRR TOWN OF 1 CERTIFIED MAIL° RECEIPT
' o BUILDING Di ru Domestic Mail Only
1146 Route 28, South 1 to
O '] For delivery information,visit our website at www.usps.conr.
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February 22, 2018 ru
tiTotal Postage&fees $
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Ms. Katherine D. Douglas rya yP
3$eet&/(pt No.,
Camp Street M1 or Po Box No.
est Yarmouth, MA 02673 City,stare ZIPta _.
PS Form 3800,July 2014 See Reverse for Instructions
Re: 46 Camp Street Basement Use
Dear Ms. Douglas:
On several occasions I have attempted to contact you via mail; specifically March 8, 2017 and
September 29, 2017, concerning the basement use. The September 29, 2017 letter was sent via
Certified Mail and regular mail. The Certified letter was returned unclaimed. I have also attempted to
call you by phone, more recently this morning.
As you are aware you came to see me on December 28,2016 concerning the use of the basement at 46
Camp Street. The issues discussed are detailed in my March 8,2017 letter. Once again I am reaching
out to you in an attempt to reach a resolution to this matter. Because I am aware of this situation,I am
legally bound to take action.
Accordingly, should you fail to contact me by March 9,2018, I will be forced to take appropriate
enforcement action, which will include the issuance of tickets with fines that range from$100 for the
first offence and $1,500 for the third and subsequent offences. Each day will constitute a separate
offence.
V- truly,
/James D. Brandolini,
Deputy Building Commissioner
Fire Lt. James Armstrong
Fire Lt. Kevin Huck
Certified Mail:
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AROUTH .;. -
Building Department ;J •.. i
1146 Route 28 r`° ' 3
South Yarmouth,MA 02664 1''
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7014 2120 0004 1910 4572 _ : � .
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West Yarmouth. MA 02673
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UNCLAIMED
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1. Article Addressed to D. Is delivery address different from item 1? ❑Yes
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