The URL can be used to link to this page

Home My WebLink AboutVilation Notice TOWN OF YARMOUTH 1146 Route 28, South th ar out , MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Buildino Commissioner VIOLATION NOTICE Luke Cyr 30 Melissa Drive West Yarmouth,MA 02673 November 7, 2018 3 RE: Melissa Drive—commercial use K-11,Misc. This letter constitutes a formal zoning enforcement order under MGL Ch 40A. Dear Mr. Cyr, The Building Department has received written, as well as phone complaintssout this property being used as a commercial business.During a site visit on November 7,2018,it was noted that there axe debris in the driveway in front of the garage.It was agreed during a meeting with your attorney present on November 28,2017,that no debris would be left out in plain view. This is a violation of Section 202 of the Town of Yarmouth Zoning Bylaw; 202.1 Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw.If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 101.3 Penalties.Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars ($300.00)for each offense. Each day that such violation continues shall constitute a separate offense. You are hereby ordered to abate and or correct said violations or seek relief from the Zoning Board of Appeals as allowed by MGL Ch 40a §7 & §15.You are required to respond within 7 days of receiving this letter. You also have the right to appeal this decision with the Zoning Board of Appeals within 30 days of this letter. Question regarding this matter may be directed to this department. Very Truly Tim Sears CBO Local Inspector Town of Yarmouth .A,V \ RECEIVED DEC opt 2017 (781) 721-2111 Fax: (781) 756-0030 (781) 721-0074 BUILDING DEPARTMENT By: Voice: (617) 549-6970 E-Mail: fulmerlaw(a7aol.com DAVID T. FULMER RECEIVED ATTORNEY AT LAW 576 MAIN STREET DtC 0 4 2017 • WINCHESTER,MASSACHUSETTS 01890 BUILDING DEPARTMENT By November 29,2017 • Via Certified Mail RRR#7015 0640 0001 7737 1012 Mark Grylls,Building Commissioner Bradford Inkley,Building Inspector Town of Yarmouth 1146 Route 28 South Yarmouth,MA 02664 Re: 30 Melissa Drive.West Yarmouth,MA 02673 Dear Mr. Grylls and Mr. Inkley: Please be advised that this office continues to represent Luke Cyr in the matter arising out of the Letter Correspondence from your office directed through your Subordinates dated November 76 of 2017,alleging Mr.Cyr's commercial use of his residence at 30 Melissa Drive, West Yarmouth. • This letter should also confirm that we had a meeting on November 286 of 2017 at or which time the nature of the allegations were explained and the action of the homeowner appeared to be justified and modifications were made,so as to ensure that,for further reference, • no further complaints or alleged misuse of the property will take place. We take this opportunity to thank you for your explanation of requirements for purposes of Mr.Cyr and a Co-Occupant of his home,Alex Mitsis to park and utilize the property for purposes of parking vehicles that they use in the business of A&L Heating,Cooling&Home Improvements,a business which has long been established in the West Yarmouth area of which the two(2)occupants of this house are Principals. With reference to the specific allegations,I believe we sufficiently explained to you that the materials left at the site were materials that could not have been delivered to the dump,and as such,your recommendation was that in future dealings that any debris brought on the property should be garaged and not in plain view.Mr. Cyr acknowledges this,and will comply with the letter and the Spirit of that Agreement. With reference to vehicles at the site,constantly whether in the context of business or in the context of social engagements,friends,employees and agents of A.&L Heating,Cooling& Home Improvements will come to the home.No business is conducted out of the home other than for Mr. Cyr's office duties and billing,ordering and financial matters attendant to the business of A&L Heating,Cooling&Home Improvements,but he does have a commercial vehicle,a RAM Utility Truck,as does Mr.Mitsis.Each of them utilizes their commercial vehicles and they do have trailers.It was specifically discussed that any commercial trailer utilized or brought to the site should be placed behind or at least behind the face line of the front of the home.This Agreement will be abided by and the Spirit of the Agreement is well understood by Mr.Cyr,and you may rest assured that he will make special arrangements to make sure that any trailer left on the property will be behind the face line of the property, so as to make sure that it is in compliance with the specific By-Laws of The Town Of Yarmouth. Finally,we have indicated that there were no clients or customers at the premises and that will remain the protocol of A&L Heating,Cooling&Home Improvements.There will be no exterior modifications of the building or structure, and as indicated earlier,all debris brought to the property will be contained in or within the garage,so as to ensure that there are no complaints from neighbors or others seeking to curtail or otherwise limit the activities of A&L Heating,Cooling&Home Improvements. Once again,we take this opportunity to thank you for explaining,in detail,clarifying the intricacies of the Local By-Laws,and we pledge our cooperation prospectively,and we trust that we have given sufficient explanation of the activities and now having greater insight into the nature of limitations imposed through said By-Laws we will make every effort to comply with the same. Thank you for your attention in these matters,and we take this opportunity to Wish each of You A Very Happy and Healthy Holiday Season. Very truly yours, A&L Heating,Cooling &Home Improvements, Alexander Mitsis and Luke Cyr, By their Attorney avid T.F er,Esq. DTF/pd Cc:A&L Heating,Cooling&Home Improvements Cyr/Mitsis f TOWN OF•YARMOUTH 1146 Route 28 4 South:YarInouth, MA 02664 ,sr"' 4n4;4;\i,.4 - 508-398-223 ext �;1°261if+ar.508-398-0836 Office of t \Bitild>tr g do umissione>< gs, ! .4��F7'u tt}t� VIOLATION NOTICE Luke Cyr 30 Melissa Drive West Yarmouth, MA 02673 November 6,2017 RE:30 Melissa Drive—commercial use Dear Mr. Cyr, It has come to the attention of the Building Department that this property is being used for a commercial business in a residential zone without any required relief from the Zoning Board of Appeals.This use is considered K-11,Misc. Businesses under Table 202.5 of the Zoning Bylaw. This is a violation of Section 202 of the Town of Yarmouth Zoning Bylaw; 202.1 Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use. You are hereby ordered to abate or correct said violations within thirty(30)days. Failure to do so may result in criminal/civil complaints being filed against you. You may be subject to fines as prescribed by pertinent laws and regulations. You also have the right to appeal this decision with the Zoning Board of Appeals. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 101.3 Penalties.Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars($300.00)for each offense. Each day that such violation continues shall constitute a separate offense. This order may be appealed to the Zoning Board of Appeals as prescribed under MGL c.40A, §§7 8 and 15T Questions regarding this matter may be directed to this department and/or the Board of Appeals secretary. Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth