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HomeMy WebLinkAboutViolation Letters 05.03.19 & 12.14.21 & 05.11.22 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner St. David's Episcopal Church May 3, 2019 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor Re:Nelson Hall Dear Reverend Taylor, This letter constitutes a formal Zoning Violation Notice in accordance with MGL CH.40a. 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 will be used for church or church sponsored(non-commercial) 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 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, Mark Grylls Building Commissioner CC: Town Counsel Dan Knapik—Yarmouth Town Administrator Chris Dwelley—Asst. Town Administrator David S. Reid,ESQ. file TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner St. David's Episcopal Church December 14,2021 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor Re: Nelson Hall Dear Reverend Taylor, 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 MGL 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 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 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 t ' matter may be directed to this department. Ve uly, ar G Building Commissioner CC: Town Counsel Robert Whritenour—Yarmouth Town Administrator Bill Scott—Asst. Town Administrator David S. Reid, ESQ. file TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner St. David's Episcopal Church May 11, 2022 205 Old Main St. South Yarmouth,MA 02664 Attn: Reverend Taylor Re: 3rd 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# 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 stated 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 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 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. Very Truly, Mark Grylls Building Commissioner CC: Town Counsel/Robert Whritenour—Yarmouth Town Administrator /David S. Reid,ESQ.