Notice of Zoning Violation TOWN OF YARMOUTH
146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
NOTICE OF ZONING VIOLATION
June 24,2020
Loparto Robert K.
14 Echo Rd.
West Yarmouth, A 02673
RE: 14&16 Echo R•.Secondhand dealer/Junk sales
Dear Mr. Loparto,
This letter constit tes a formal zoning enforcement order under MGL Ch 40A
The Building Dep.rtment has received numerous complaints regarding the operation of a Secondhand
Collector/Dealer business at 14 Echo Rd.A recent review of Facebook Marketplace indicates to me that
the complaints ar• valid.
Your property is li cated in a residential or R-25 zoning district. Commercial uses are not allowed unless
granted specific r:lief from the Board of Appeals.The use as a Secondhand Collector/Dealer indicated in
the complaints is onsidered a business use and not allowed by right.
A search of our re ords to determine if relief from the Board of Appeals to operate such a business reveals
that there has be:n no such relief granted.
Furthermore,the se of the property exceeds the parameters of a legal accessory use.
The following pro isions of the Code of Yarmouth Chapter 94 apply to this matter:
SECONDHAND C.LLECTOR Any person or other business entity which is a "junk collector"or"collector"of
"old metals or secondhand articles"as defined by MGL c. 140, §§54 and 56, which does not have a place of
business licensed nder this chapter within the Town of Yarmouth and which purchases,sells, or barters
regulated propert ,or solicits the purchase,sale, or barter of regulated property within the Town of
Yarmouth. Person. who collect regulated property for personal use or enjoyment and who are not engaged
in business with r:spect to regulated property shall not be considered secondhand collectors under this
chapter.
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WILLFUL VIOLATION Any violation committed with the intent to conceal or misrepresent any transaction or
property regulated by this chapter;to conceal or misrepresent the identity of any person involved in a
transaction regulated by this chapter;or to obstruct,mislead, impede or delay the Police Chief or his
designee in the performance of his/her responsibilities under this chapter.
In addition to the zoning violation referenced above,you are also required to obtain a license from the
Town of Yarmouth to operate a Secondhand Collector/Dealer business per the Code of Yarmouth section
94-2 (A).
§94-2
Issuance,renewal and revocation of licenses.
A.Secondhand dealers and secondhand collectors must obtain a license to conduct business within the
Town of Yarmouth.
§94-10
Violations and penalties.
A. Violation of any provision of this chapter may be prosecuted as a criminal matter or as an administrative
procedure or by the method provided in§21D of Chapter 40 of the General Laws. Each violation shall be
considered separately.
B. Whoever violates the provisions of this chapter shall be fined not more than$300. The Board of
Selectmen may suspend,revoke or modify any license issued by it as provided by this chapter or as
otherwise provided by law.Any violation of this chapter may be enforced by the methods provided in§21D
of Chapter 40 of the General Laws or as otherwise provided by law.
No use of land may be changed or modified unless in conformance with the Town of Yarmouth Zoning
Bylaw per section 202.1.
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. 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.
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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
At these time, I am not imposing financial penalties on you but you are hereby ordered to immediately
cease and desist operation of the commercial use described above. If such use does not cease within thirty
(30)days from the date of this letter,we will not hesitate to institute both financial penalties and a civil
suit.
Any questions you may have regarding this matter can be directed to this department.
This Order may be appealed to the Zoning Board of Appeals as prescribed under M.G.L.c.40A, §§7,8 and
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truly,
MarkG s-C O
Director of Inspectional Services/Building Commissioner
CC: Town Counsel
Town Administrator
Chief of Police
Deputy Chief of Police
Brad Inkley—Building Inspector
Tim Sears—Building Inspector
Kevin Hook—Hous ng Inspector
Sandi Clark—Zoning Admin
File
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