HomeMy WebLinkAbout5006 55 Lakefield Rd Applicationof �`tk
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ZONING BOARD OF APPEALS HEARING APPLICATION
r AR OUTH t Js N CLERK
(Appeal Information)
Appeal#: 5`0.9 Hearing Date: a 3 Fee $: h70,23JAN19pm12:48 RED;
Applicant is the (check one): Owner X
Applicant (full names, including d/b/a):
Tenant Prospective Buyer Other Interested Party
Andrew Viera and Suzy Vie#ra
Address: 55 Lakefield Road, South Yarmouth, MA 02664
Phone: 774 268-2039 Email:
This application relates to the property located at:
55 Lakefield Road, South Yarmouth, MA 02664
Shown on the Assessor's Map as:
• Map # Sheet 68
• Parcel #: 91
• Zoning District: R-40
Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location:
n/a
Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to
(e.g., add a 10' by 15' deck to the front of our house).
This is an appeal from a December 20, 2022 "VIOLATION NOTICE" from Brad Inkley,
Local Ingnector. Town of Yarmouth.
RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals:
Find there was no violation under Town of Yarmouth Zoning Bylaw §103.1, and Mass_ Building
Code R105.1 because the alleged "apartment added to the back of the garage" was pre-existing
at the time of Mr. Viera's acquiring title, 22 years ago.
X REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this
decision with this application). What is the decision date?: 12/20/22. Copy attached at "Ex. All.
The reason for reversal and the ruling you request the Board to make:
_SPECIAL PERMIT under Yarmouth Zoning By-law Section:
and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5:
_VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested,
and, as to each section, specify the relief sought:
Section & Relief sought:
Section & Relief sought:
Section & Relief sought:
ADDITIONAL INFORMATION (which you feel should be included in your application):
Mr. Viera did not engage in any construction of any additional apartment or room(s).
0
ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information)
Name & Address of Current Property Owner (if other than applicant) as listed on the Deed:
Title Deed Reference (provide a copy of most recent Deed):
• Book & Page #: Book 13724, Page 85 Deed copy at "Exhibit B"
• or Certificate #:
• Land Court Lot #:
• Plan #:
Use Classification:
• Existing: Residential
§202.5 # --
• Proposed:
§202.5 #
Is the property vacant?: Yes No X If yes, how long has property been vacant?
Lot Information
• Size/Area:
0.38 AC
• Plan Book & Page: TAX MAP Town of YARMOUTH "SHEET" 68
• Lot #: 91
Is this property within the Aquifer Protection Overlay District (APD)? Yes No X
Have you completed a formal commercial site plan review (if needed)? Yes_ No n/a
Which other Boards and/or Town Departments are/have/will review this project? What is the status of review?
n/a
Is this a repetitive petition (re -application)? Yes— No X
If required, do you have Planning Board Approval? Yes No n/a
Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes_ No X
If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application.
a
Building Commissioner Comments: �, N
Applica / Attorney / A e gnatur v
Attor thony va o 730, Ba stable, MA 02630 774--5217
Propert nature:
Address: 55 Lakefield Road, South Yarmouth, _MA 07
Phone: 774 268-2039 Vnail:
Building Commissioner Signature: �� Daic: 2- �/
Exhibit A
TOWN OF-YARM4UTH
1146 Route M South Yarmouth, MA 02664
508-398-2231'. ext. 1261.Fax. 508-398-0836
Office of the Building Commissioner
VIOLATION NOTICE
Andrew Viers
55 Lakefield Road
South Yarmouth, MA 02664
December 20, 2022
RC: 55 Lakeficid Roast — Illegal apartment created 1%,ithout permits
Dear Mr. & Mrs. Viera.
This letter constitutes a Notice of Violation.
It has come to our attention as the results of a callout by Town of Yarmouth P.D. for an inspection
of your damage building that an apartment was added to the back of the garage. While evaluating
the build the electrical and building inspector notice an apartment in the back half of garage that
has been added. After further review of town records there was no approval for an apartment from
the ZBA, and none of the required permits were applied for. This is a violation of Section R105.1
of the Massachusetts State Building code.
RI05.1 Required. It shall he ru;lastf tl to construct, reconstruct, alter, repair, remove or
deinollsh a building or strrttl1 st e; or to change the use or occupancy of a building or structure;
or to install or alter any crillimrcnt for v.,hich prov. on is made or the installation which is
regulated by this code nvithout first filing a "riffen application with the building and
obtaining the required pe,-mit.
Failure to comply with the MA Slag Building code 780CMR is subject to fines and penalties as
prescribed in MGL CH 143 section 91. Each day constitutes a new violation.
You are also in violation of Section 103.1 of The Town of Yarmouth Zoning Bylaws.
103.1.1 Required Permits. Buildings, structures or land may not be erected, substantially
altered or changed in use without certification by the Building Inspector that such action is
incompliance frith then applicable zoning, or without review by him regarding whether all
necessmy permits have been received from those governmental agencies from which approvals
required byfederal, state or local lcnw. Issuance of a building permit or certificate of use and
occupancy; where required under the Commonwealth of Massachusetts State Building Code,
maj, serve as such certification.
Failure to camel% %%"h the To%+n Of Yarmouth Zoning Bylaw is subject to fincs and penalties as
allowed per section 101.3
101.3 Penalties. Arrr• person ti•iolating arty of the prnrtsions of dris h}•lcnt- slr(rll be fitted ttot ►store dome
dare Jruntiretl dollars rS300.00) f,r ecu•h of •e-, Each dot• that such violation continues shall constitute
u 3epurate offense.
You arc Hereby ordered to 631c and or correct said violations or seek relief from the Zoning Board of
Appeals as allmed by h1GL Ch. 40a §7 & §15.1'ou are required to respond within 7 days of receiving
this letter. You also har c the right to appeal this decision with the Zoning Board of Appeals within 30
da} s of this letter.
Question regarding this matter may be directed to this department
%Fcn, truly / '2
Bra Inkley
Local Inspector
Tm%n of Yarmouth