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HomeMy WebLinkAbout4971 205 Old Main St Letter of Opposition 1STONE & REID ATTORNEYS AT LAW A 11101-E-SSIONAL A.SSOCINFION SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 TEL (508) 394-5648 FAX (508) 398-1699 DAVID S. REID, ESQ. DSReid@verizon.net Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth MA 02664 RE: ZBA # 4971 St David's Episcopal Church 205 Old Main Street South Yarmouth Dear Chairman DeYoung, MICI tA17- F. STONE, ESQ. M FS t oneEsq@coincast. nel August 8, 2022 RECEIVED AUG 0 $ 2022 YARMOUTH BOARD OF APPEALS I represent Erick and Kimberly Cooper, of 131 Pleasant Street, South Yarmouth. We would like to address the Board on the above -referenced matter, scheduled for hearing on August 1 lth. On behalf of the Coopers, we ask the Board to deny the relief requested in this application. Mr. and Mrs. Cooper's home is located directly behind the Church's property, and behind the Nelson Hall and its parking lot. Over the last several years, they have repeatedly been disturbed at their home by events taking place at the Nelson Hall. These events generally occur on the weekends, and in the evening hours. They have included what appear to be wedding receptions, parties, social gatherings, etc. They have often included broadcast music, such as by a DJ. They sometime appear to include the sale or service of alcoholic beverages. The noise from the events is plainly audible in the Cooper's home, and about their yard. In addition to the interior activities, there is noise and lights generated by the vehicles and people coming and going, and gathering outside the building and around the parking lot. The Coopers have repeatedly complained to the Church about these commercial activities in this residential neighborhood. I have written numerous email and letters to the Church on behalf of the Coopers, reminding * Each Attorney in this office is an independent practitioner who is not responsible for the practice or iiabititics orany other attorney in the office. Rule 7.5 (d) them of the fact that such rentals of the hall for non -church events is not allowed at this location. As the Coopers explained to the Church, they had purchased their home in 2004 from James "Dutch" Nelson, the former pastor of the church for whom the Hall is named. They were aware of the Hall and specifically asked about the its use, and were told by Reverend Nelson that the church knew when they built the Hall that it could not be used for commercial purposes, so they need not be concerned about it being any bother to the neighborhood. That has not turned out to be the case. Receiving no abatement of the activities in response to our complaints to the Church, we eventually brought these complaints to the attention of the Town. We pointed out that in 2002, when the Church desired to build the Hall, it went before the ZBA for relief from the parking lot requirements. In decision #3788, they were granted a special permit waiving the need to upgrade and install a conforming parking lot for the proposed Hall, based in no small measure on the express representation that "The hall will be used for church and church sponsored ( non commercial) purposes." Furthermore, being in the RS-40 zoning district, a commercial event or function use is not allowed under our zoning bylaw. On May 3, 2019 the Building Commissioner wrote to the Church informing them of the limitation on the use of the Hall for church events only, not for commercial or social rentals. As with any order or decision of the Building Commissioner involving zoning matters, an appeal may be taken to the ZBA within 30 days of the date of the order or decision. MGLA c. 40A section 8 & 15. No appeal from that order was taken. On December 14, 2021, following further events and complaints, a second letter and order was issued to the Church by the Commissioner. No appeal was taken from this decision. On May 11, 2022, a third and final letter and order was sent to the Church. No appeal was taken from that order. The present application was filed, on August 11, 2022. The application seeks two alternate forms of relief: 1) The application seeks a "ruling" by the Board that the use of the Hall is allowed under the religious use exemption of chapter 40A section 3, what is often referred to as the "Dover Amendment", or 2) In the alternative, seeks a modification of Special Permit #3788 to allow the rental of the Hall and the removal of the limitation to "non-commercial" use. * Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) We respectfully contend that the Board has no authority to make "rulings" of this nature. Chapter 40A section 14 and Yarmouth Zoning Bylaw section 102.2 empower the Board to grant special permits, variances and comprehensive permits, and to hear appeals from the decisions of the zoning enforcement authorities. Such "appeals" must be filed within 30 days of the date of the order or decision. This limitation on filing is jurisdictional. An aggrieved party can not circumvent the 30 day appeal limitation by entitling its request as a request for a "ruling" instead of an "appeal" challenging that zoning order or decision. We would, in any event, disagree that the events in question are protected as religious functions of the church. In fact it is precisely the non -religious nature of these events that forms the basis for the Coopers complaints and for the Commissioner's Enforcement orders. The particular events were not religious in nature or function, but were mere rentals of the hall to outside parties. The Church's web site has advertised the Hall for such "rentals", stating that it was "available for functions of up to 150 people" . A copy of the 2021 web page and rental form are attached as exhibits to this letter. More recently, the web site had been modified, now referring to the rental fee as a "contribution", but the substance and uses remains the same. The protections of the Dover Amendment cover only activities that are by their nature principally religious in nature. The focus is on the activity, not the ownership of the facility. In the events in question, the participants are not church sponsored groups or members. The gatherings in question are purely social, as far as we can determine. The rental of the church hall for non -church functions is not a protected event. Finally, we respectfully suggest that even the alternate relief requested of modification of the special permit #3788 would not cure the zoning infraction. Even if the special permit had not expressly incorporated the non-commercial language, the zoning bylaw itself would still prohibit such use at this location. This is a residential zone, RS-40. No form of rental facility, social hall or function hall is permitted by right in the residential district. Therefore even the removal of this restrictive language, agreed to by the Church twenty years ago, would not now permit this Hall to be rented out for non -religious events. The Board could not and may not now authorize by special permit the commencement of a new use that is prohibited in the zoning district. Nothing short of a use variance could achieve that level of departure from the constraints of the zoning bylaw. For all the foregoing reasons, we ask the Board to deny the petition that is * Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) before you at this time. Encl: (multiple) Very ly yours, David S. R id * Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities orany other attorney in the office. Rule 7.5 (d) Rental Facilities — St. David's Episcopal Church ❑u:psw W R' W.stuav IUSUhPZWU.m 51 cuim-iawuIw r en c *i tal 10toe Nelson lull Nelson Hall is available for functions of up to 150 people. We charge $8O0 to rent from 8 am -10 pm, and an extra $400 if you wish to serve beer and wine. A police officer is required when beer and wine are served after 6 pm. (fees start at $250) Please call Donna Gilson at (508) 776-1777 for more I of 6 9/27/2021, 9:35 AM Rental Facilities — St. David's Episcopal Church https://www.staaviascapecoa.org/renTai-iaciiiiies Please call Denise Frost at (508) 394-4222, ext. 1 for more information. The March Room Our conference room can hold up to 40 people for meetings or events. Please call Denise Frost at (508) 394-4222, ext. 1 for more information. Art Wa I I s 4 of 6 9/27/2021, 9:35 AM Saint David's Episcopal Church 205 Old Main Street, South Yarmouth, MA 02664 Office:508=394-4222 NON-MEMBER - NELSON HALL RENTAL AGREEMENT Today's Date: Renter Name: Organization:, Renter Address: Phone: Type of event: Rental Date(s): Set-up Time: Number of Guests: Email: Time of Event: Break -down Time: Beer/wine Served? yes no Cost Amount Due 2020 Rental Fees Every Rental is 8AM - 10PM No beer/wine $ 800 $ With beer/wine $1,200 $ Additional Fees Police Detail (if serving beer/wine past 6PM) $ 250 $ TOTAL - Due at time of booking $ Payment. Cash or check payable to St. David's Episcopal Church. Credit/Debit cards accepted. Payment received DATE: METHOD: 1 This policy was revised by the Executive Committee of the Vestry of St David's on 06/15/2021. Office Notes: This policy was revised by the Executive Committee of the Vestry of St. David's on 06/15/2021. Outside Groups - Nelson Hall Terms of Rental Agreement 1. Time Aereements a. The rental day begins at 8:00 a.m. and ends at 10:00 p.m. b. The building must be cleaned and vacated by 10:00 p.m. c. If guaranteed access to Nelson Hall is needed the day before or after the day of rental, the building must be rented for the additional day(s). d. Caterers/vendors must not be on site prior to 8:00 a.m. or after 10:00 p.m. 2. Building Agreements a. The buildings are designated as non-smoking and the Renter is responsible for ensuring that all attendees/guests comply with this requirement. (Smoking is permitted 20 ft. from buildings.) b. The rental includes the standard set-up of twelve round tables with eight chairs at each table, and two long serving tables. Any additions or deletions to the standard set-up will be the responsibility of the Renter. c. The kitchen may be used as a staging area for your event, and must be returned to its original, clean condition. d. The rental does NOT include use of the dishwasher, pots, pans, utensils, glassware, coffee cups, plates, silverware, or linens. St. David's does NOT provide catering services. e. You may not hang, attach, or stick anything to the walls or surfaces of Nelson Hall. f. The use of confetti, rice, birdseed, water beads, or the like is not permitted inside or outside of the building. g. The large glass doors at the rear of Nelson Hall are for exit only. They should not be propped open during an event. They can be easily damaged from even a light wind. Please note that you will be held responsible for the cost of repairs for any and all damage. 3. Grounds Agreements a. Attendees/guests may not wander around the grounds and wooded areas. b. The playground area is private and not included in this agreement. The Renter must ensure that all attendees/guests do not use playground equipment. c. Bouncy houses or other similar type devices are strictly prohibited. d. Any tents used must be placed only on the south lawn by the arbor of Nelson Hall. e. If heaters are used in a tent, a special electrical permit must be presented by the tent vendor. 4. Noise Agreements a. St. David's is located in a residential neighborhood. The Renter agrees to be respectful and courteous to our neighbors. b. All music, whether live or recorded, inside or outside Nelson Hall, such as a car or truck stereo, must be turned down at 9:00 p.m., and turned completely off by 10:00 p.m. c. If a tent is in use, the tent must be vacated by 9:00 p.m. The noise ordinance of South Yarmouth dictates this rule. d. The continued operation of truck motors, generators, or refrigeration equipment after 9:00 p.m. is prohibited. The noise ordinance of South Yarmouth dictates this rule. S. Clean-up Agreements a. The Renter will leave the building and premises in the same, clean condition they find it. b. Nothing will be affixed to the walls or surfaces of Nelson Hall. c. The Renter will wipe all tables and counters, sweep floors and mop any spills. d. The Renter will place recyclable items (metal cans, bottles, aluminum and flattened cardboard) in green container located outside the kitchen. e. The trash will be placed in the brown dumpster in the parking lot. 6. Payment Agreements a. The Renter will pay the full amount due upon signing the Agreement. YOUR DATE IS NOT SECURE UNLESS THE RENTAL FEE IS PAID IN FULL. 3 This policy was revised by the Executive Committee of the Vestry of St David's on 06/15/2021. b. The Renter may cancel the event with a full refund, if proper written notice via email or US mail is received by St. David's at least 30 days prior to the event. If proper written notice is not received within 30 days of the event, 50% of the cost will be forfeited and is non-refundable. c. The Renter agrees to pay for any damages to the building or property which occur during the course of their event. d. All damage charges will be paid in full to St. David's no later than 7 days after the date of billing. If full payment is not received within 7 days, an interest charge of 15% per day of the remaining balance will accumulate towards the outstanding balance. St. David's may pursue lawful remedies if payment is not received within 30 days of due date. 7. Supervision Agreements a. A representative from St. David's Episcopal Church will visit Nelson Hall throughout the course of your event to monitor conduct. b. The Alcohol Policy of St. David's Episcopal Church must be signed, implemented, and enforced by the Renter. c. St. David's Episcopal Church and its representatives reserve the right to end an event before its contracted time due to non-compliance with any of the terms provided in this agreement. All sums paid will be forfeited and the Renter will not be able to rent Nelson Hall in the future. d. Applicable Law: This agreement shall be governed by the laws of the Commonwealth of Massachusetts. 8. Legal Agreements a. INDEMNIFICATION: The Renter agrees to defend, protect, indemnify and hold harmless St. David's Episcopal Church and its representatives against and from all claims arising from the negligence or fault of the Renter or any of its guests, family members, officers, volunteers, helpers, partners, vendors, organizational members or associates which arise out of rental and use of Nelson Hall at St. David's Episcopal Church property. Renter agrees to protect, defend, hold harmless and fully indemnify St. David's Episcopal Church and its representatives for any claim or cause of action whatsoever arising out of or related to the usage which takes place during the contracted date of rental at Nelson Hall that is brought against St. David's Episcopal Church and its representatives by the Renter or its guests, employees, agents, partners, family members, students, customers, function attendees, invitees and vendors, organizational members or associates. b. SEVERABILITY: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. c. FORCE MAJEURE: St. David's, its associates and representatives shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, severe weather, flooding, pandemic, or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations. d. ASSIGNABILITY AND PARTIES OF INTEREST: No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, expressed or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement. I have read the above terms and agree to comply with them. Renter Signature: Renter Printed Name: Date: This policy was revised by the Executive Committee of the Vestry of St David's on 06/15/2021. Alcohol Policy 1. Beer/wine may be allowed only with express, written permission from one of St. David's Wardens or the Rector, given at least 30 days prior to the event. 2. Beer and wine are the only alcoholic beverages allowed on the premises. 3. St. David's prohibits the sale of alcohol at any event, by any group or individual. 4. Whenever beer/wine is served, non-alcoholic alternatives must always be offered. 5. No beer/wine may be served at events coordinated specifically for youth. 6. St. David's expects compliance with all laws regarding the serving of beer/wine and the prohibition of serving any alcohol to minors (those under 21 years of age). 7. The group or organization sponsoring the activity or event at which beer/wine are served must also assume responsibility for those people who might become intoxicated. Such responsibility includes providing alternative transportation for anyone whose driving might be impaired. 8. This Alcohol Policy must be signed by the person in charge of the event, and a copy of that person's driver's license must be kept in the Parish Office. 9. A Police Detail is required for all events that go past 6:00 p.m. at which beer/wine is served. The Renter is responsible for paying for a 4 hour detail. The Detail will begin at 6 pm and end at 10 pm. St. David's will arrange for the Police Detail at the time of booking. 10. Fees for the Police Detail must be paid at the time the event is booked. The Renter will be charged for and must pay any extra fees required by the Police Detail. Minimum of $250. Print Name: Address: Phone: Renter Signature: Warden/Rector Signature: Date: A copy of your license is required to accompany this form. 5 This policy was revised by the Executive Committee of the Vestry of St. David's on 06/15/2021. r' E i Costs for Police Detail: (minimum $250.00 per event) • $50.00 per hour, per officer, with a 4 hour minimum and a $50.00 administration fee • An additional $20.00 per hour fee for special holidays such as Thanksgiving, Christmas, New Year's Eve, New Year's Day, Memorial Day, July 4t", or Labor Day. • $10.00 per hour extra if a police cruiser is needed. This policy was revised by the Executivc i' STONE & REID ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION * 1' SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 . TEL (508) 394-5648 FAX (508) 398-1699 DAv1D S. REID, ESQ. MICHAEL F. STONE, ESQ. DSReid@verizon.net MFStoneEsq@comcast.net April 24, 2019 St. David's Episcopal Church 205 Old Main Street South Yarmouth MA 02664 Re: Nelson Hall Dear Reverend Taylor, I am contacting you today on behalf of your neighbor, Erick Cooper. Mr. Cooper advises me that you have been renting the Parish Hall for outside events, and that they have been increasingly disturbing to the neighborhood. Last Saturday evening, for example, the amplified music was far too loud, and lasted well beyond 11:00 PM. In the past, patrons of these events have also been loitering around the parking lot during and after events, causing Mr. Cooper to install a fence along his back lot line. I note that in 2002 you were issued a special permit in connection with the construction of the Hall. At that time it was represented that the Parish Hall was to be used for church events, not as a commercial event facility. Over the past year or more, there have been numerous events held there, including wedding receptions and night- club -style gatherings, that appear to have had no connection to the church's functions. I see that your own website contains a link to a professional event planner, Epic Events, for those wishing to rent the Hall. Your Facebook listing advertising the availability of the Hall to the public as a "Large meeting facility with full kitchen" for "up to 130 people" for "wedding receptions, parties and business meetings" appears to be a commercial venture, well beyond church functions. In my opinion, such advertising and rentals of the hall, for events unrelated to church functions, is a commercial operation, not a permitted use of this property, which is, as you know, located in the middle of a highly restricted ( RS40) residential neighborhood. Mr. Cooper has no desire to be unneighborly nor to interfere with legitimate church related functions. However, recent events have gone well beyond that. I understand that he has spoken with church officials about his concerns on more than one occasion over the past two summers. When the event of last weekend occurred, foretelling another summer of noisy parties and commercial functions, he felt compelled to take action. Therefore, on behalf of Mr. Cooper, we request that you cease all such rentals and immediately remove from your web site and Facebook page the link to the commercial event planner. we further request that when any legitimate events are planned for the Hall in the future, you make sure to seek and secure all necessary licenses for the service of alcohol and/or the provision of entertainment in advance of the event so that Town bylaws are complied with and so that the neighbors are aware, forewarned, and have the opportunity to address any concerns before such licensing authorities. Thank you for your immediate attention to this matter. Very ly yours, David S. Reid CC: Yarmouth Building Department Yarmouth Board of Health * Each attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of the other. STONE & REID ATTORNEYS AT LAW A PROFESSIONAL ASSOCIATION * SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOUTH, MA 02664-4452 TEL (508) 394-5648 FAX (508) 398-1699 DAVID S. REID, ESQ. DSReid@verIzon.net St. David's Episcopal Church 205 Old Main Street South Yarmouth MA 02664 RE: Nelson Hall rental Dear Pastor Taylor, MIculAEL F. STONE, ESQ. MFStoneEsq@comcast.net September 29, 2021 You may recall that I corresponded with you in 2019 regarding concerns of your neighbor, Erick Cooper, for excessive noise coming from events held at the Nelson Hall. At that time it was brought to your attention that the Special Permit that authorized the construction of the Hall limited its use to church activities, not commercial use. By letter of May 3, 2019, the Yarmouth Building Commissioner notified you that the rental of the Hall to the public for non -church events violated the terms of the special permit, and ordered such use to cease. By letter of May 19, 2019, you responded that you acknowledged receipt of the enforcement letter and intended to remedy the situation. I am advised that this past weekend the Hall was used for some sort of party, attended by a large number of people and included a DJ and amplification, which was bothersome to your neighbors, again. When my client called the church office to report this disturbance, he was informed the church had permission to conduct such events, and that other events were also booked through the fall and would continue. In looking at the church's web site, I see that you are actively advertising the Hall as available for rental by the public for private events of up to 150 people, which may also include the service of alcohol. As a result, I reviewed the records of the Town for licensing and permitting, and found no record indicating that any such permits or permission had been * Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) granted to the church. I also checked with the Building Commissioner who confirmed that he was unaware of any such permitting. It therefore appears that someone has either been misinformed about the lawful use of the Hall, or has chosen to ignore the law and the Commissioner's order to cease such operations. It therefore remains our position that non -church events are not permitted at the Hall and that the advertising of the Hall's availability for rental by the public for private events is an open solicitation of further violations of the zoning bylaw. The Hall remains in a residential zone, where such commercial activities are not permitted. we urge you to curtail such unpermitted uses and to respect the rights of your residential neighbors to the use and quiet enjoyment of their properties. Ve ly yours, David S. Reid encl: (multiple) cc: Mark Grylls, Yarmouth Building Commissioner Erick Cooper ' Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) W rj,OWN OF YA RMOUTH 11.46 Route 28, South Yarmouth, MA. 02664 5--398-2231 ext. .1.261 Fax 508-398-0836 Office, of the Building Commissi®ner St. David's Episcopal Church 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor Re: Nelson Hall Dear Reverend Taylor, This letter constitutes a fornial "Zoning Violation Notice in accordance with MGL CH. 40a. May 3, 2019 This office has received notification that the church has been operating a commercial assembly hall for rent to the public. This appears to be a direct violation of the Special Permit granted as a result of Petition # 3788, Oct 24, 2002 which clearly states, in part, " the hall i,vill be used, for church or church .sponsor-e ' (hon-come e cial) activities " . You are hereby ordered to abate and or correct said violations or seek -further relief from the Zoning Board of Appeals as allowed by MGL Ch. 40a §7 & § 15. You are required to respond with m 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. v e Tru ly, ,r Mark GryII �e Building Commissioner CC: Town Counsel Dan t{napilc — Yarmouth ToxN,ii Administrator Chris Dwelled! — Asst. Ttnvn Adillinsstrator David S. Reid, ESQ. file L. TOWN OF YARMOUTH :1.146 Route 28, South Yarmouth, MA 02664 508-398-223 1 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner St. David's Episcopal Church 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor Re: Nelson Hall Dear Reverend Taylor, December 14, 2021 This letter constitutes notice of your continuing violation of the Yarmouth Zoning Bylaws. Specifically, this office has been notified that the church continues to operate a commercial assembly hall for rent to the public. As previously notified in a violation letter dated May 3, 2019, this is a direct violation of the relief granted by the ZBA in Oct. 2002. Petition # 3788, Oct 24, 2002. The petitioner at that time, St. David's Episcopal represented that Nelson Hall would be used for church sponsored events and non-commercial activities and the Special Permit was conditioned upon such representation. You did not appeal the 2019 Order and, as a consequence, are precluded from challenging the merits thereof. Accordingly, you are hereby ordered to immediately abate and or correct said perceived violations or seek further relief from the Zoning Board of Appeals as allowed by MG Ch. 40A, §7 & § 15. You are also advised that violations of the Town of Yarmouth Zoning Bylaws may result in penalties as described in Section 101.3: 101.3 Penalties. Any j et son violating ai y of'the provisions of this bylaw .shall be fined ,iot more than three hundred dollars (9300.00)for each offense. Each duo that such violation consinttes shall constitatte ct separate offense. You are required to confirm your compliance with this Order within 7 days of receiving this letter. Should you fail to do so, we may be compelled to proceed directly to Court and seek injunctive relief against you. Question regarding till'. matter may be directed to this department. 4GVe1•uly, Building Commissioner CC: Town Counsel Robert Whritenour— Yarmouth Town Administrator Bill Scott — Asst. Town Administrator David S. Reid, ESQ. fi le TOWN OF YARMOUrM 1146 Route 28, South Yarmouth, MA 02664 508-398=2231 ext. 1261 Fax 508-398-0836 Office ®f the Building Commissioner St. David's Episcopal Church May 11, 2022 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor Re: 31d violation notice Nelson Hall Dear Reverend Taylor, This letter constitutes the 3rd notice of your continued violations of the Yarmouth Zoning Bylaws. Specifically, this office has been notified that on or around April 30, 2022 and event was held at Nelson Hall and the. church continues to operate a commercial assembly hall for rent to the public. As previously notified in violation letters dated May 3, 2019 and December 12, 2021 this use is a. direct violation of the relief granted by the ZBA in Oct 2002. As previously mentioned, Petition 4 3788, Oct 24, 2002, as presented by the petitioner at that time, St. David's Episcopal. represented that Nelson Hall would be used -for church sponsored events and non- commercial activities and the Special Permit was conditioned upon such representation. You did not appeal the 2019 Order and have not appealed for the relief previously specified and as a consequence, are precluded from challenging the merits of the original order. Accordingly, you are hereby ordered to immediately abate and or correct the violations stilted in the original order. You are also advised that continued violations of the Town of Yarmouth Zoning Bylaws may result in penalties as described in Section 101.3: 101.3 Pettalties. Any pef son violating any of the provisions q f 'this h ylamp shall h. e ,fined not more 1ha►z three hundred dollars ($300.00).for each offense. Erich clay theti such violation continues shall constilute a separate offense. You are required to confirm your compliance with this Order within 7 days of receiving this letter. Should you fail to do so, we may be compelled to proceed directly to Court and seek injunctive relief against you. Question regarding this matter may be directed to this department. Ve Truly, C./y ark ry Building Comm issioner CC: Town Counsel /Robert Whritenour— Yarmouth Town Administrator 1 David S. Reid, ESQ.