HomeMy WebLinkAbout4971 205 Old Main St Atty Lawler Letter 05.18.22 RECEIVED
The Law Office of
DAVID V. LAWLER, PC MAY 18 2022
540 Main Street, Suite 8 YARMOUTH
Hyannis, MA 02601 BOARD OF APPEALS
Telephone: (508) 778-0303
Facsimile: (508) 778-4600
962 Main Street
Email Address: Osterville, MA 02655
david@dlawlerlaw.com Tel:(508)428- 0542
May 18, 2022
Mary Naslowski, Town Clerk
Mark Grylls, Building Commissioner
Yarmouth Town Hall
1136 Route 28 APPEAL M.G.L. c. 40A §15
South Yarmouth, MA 02664
Re:Nelson Hall/St.David's Episcopal Church,205 Old Main Street
Dear Clerk Naslowski,and Building Commission Grylls:
Now comes St.David's Episcopal Church,by and thru their attorney and in accordance with M.G.L.c.40A
§15 respectfully appeal the notice of continuing zoning violation(s) dated May 11, 2022, relating to the above-
captioned matter.
Specifically,the appeal relates to notice violation letter dated May 11,2022,issued to St.David's Episcopal
Church by Building Commissioner Mark Grylls.The Appellants state that the alleged uses of Nelson Hall as
"commercial assembly hall"are allowed uses in accordance with local zoning,state and federal law.The alleged
violations are uses that are permissible activities of the nonprofit and religious institution as detailed in The Bible
Speaks v. Board ofAppeals Lennox 8 Mass.App.Ct.19(1979)and Shrine of Our Lady of La Salette,Inc. Board of
Assessors Attleboro. SJC 12-021(2017)The Appellants are in full compliance with the zoning regulations,any
existing special permits or variances and under any pre-existing,non-conforming uses allowed under zoning.
Moreover,any attempt to enforce alleged violations would constitute a violation of my client's constitutional rights
under the First Amendment of the United States Constitution and under Article II of the Massachusetts Declaration
of Rights.
Additional reasons for the appeal, include but are not necessarily limited to the following: the Order is
defective on its face, is unenforceable as a matter of law, the Appellants did not violate the zoning ordinance and
enforcement of the ordinance has been arbitrary and capricious and the enforcement officers failed to properly interpret
the Zoning Ordinances of the Town of Yarmouth.Further,the activities being held at Nelson Hall are non-commercial
activities.
The above is true for all allegations. The Appellants seek a hearing before t d of Appeals on
these alleged violations.Please docket the same and schedule a hearing.
Veryy yours
David
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