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HomeMy WebLinkAboutViolation - Appeal Court 42123 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner NOTICE Jeanette Maillet April 21, 2023 43 Putting Green Circle South Yarmouth, Mass 02664 RE: 43 Putting Green Circle-Improvements-Denial Dear Mrs. Maillet. This letter constitutes a Notice of improvement -denial. After reviewing the basement project at your resident, that changed utility space it into finish habitable space, you were requested to make changes to an existing stairway, which the head room was 5'8", The code requires 6'8". I had asked them to make the head room improvement to the best of their ability and was denied that request. AJ501.1 Newly constructed Elements: Addition, newly constructed elements, components, and systems shall comply with the requirements of 780 CMR 51.00 This letter is for them to take to the Building Board of regulations and standards. You have the right to appeal this denial to the Building Code Appeals Board in accordance with M.G.L. c. 143 §100,within 45 days of this notice. If you have any Questions, I am Available to discuss. Questions regarding this matter may be directed to this department. Very truly d In y Local Inspector • . , , 111 Hitr 43”iiii 1111111111111111 0 “ A. 'NITIAA8 I 03 1. C ' r- li NEN? sit .1.1.2 19 j 1 :IP$A.V/04. 0117AWAVIMAIII i I 15:!!! , Al, F 9 ii.; 3?8 R -".f.• .-"a m L.' 0 j§ st-ki ps 4 1 i g i 4 11'41 5 711 !§ '33 2 m Z A; tpi 73-I ,. K 9si if, i t .1 1 ts IR .gg^°x omozo Sg 01, -, 40-13MC 0 ' m M g---4•2ot>02ox>3j-o0 ; ,1L--... 7 r 1t(! 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Suite 710 g RECEIVED Boston,Massachusetts 02118 MAY 02 2023 Phone (617) 727-3200 Fax (617)727-1944 BUILDING DEPARTMENT By -- STATE BUILDING CODE APPEALS BOARD APPEAL APPLICATION FORM DOCKET NUMBER DATE May 1,2023 (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the following person. (Please fill-in the name of the appropriate municipal or state building inspector or other authority. Also,indicate if this is a request for a hearing de novo(new hearing)relative to a decision of a municipal appeals board.) Building Official from the City/Town of: Brad lnkley, Yarmouth MA Board of Appeals from the City/Town of: (Request for hearing de novo) State Building Official: Other: State Building Code Appeals Board Please mark the appropriate box indicating the requested action to be considered by Appeals Board members. Variance x Order Direction Interpretation Failure to Act Other STATE USE ONLY Fee Received Check Number Received By (This section must be completed or the application will be returned.) Has the building or structure been the subject of an appeal by this or any other appeals board previous to this filing? No 0 Yes 0 If,yes,please indicate the date of the previous appeal,whether the matter was heard before a local or state appeals board,the code section that was at issue,and the specifics of the decision (i.e.a variance was granted\not granted). 4 Please take care to submit all written supporting documentation with this application to allow time for review. However,Board members reserve the right to continue proceedings if such material warrant extensive review. Please provide a brief description of the desired relief below. Additional information may be attached if space is not sufficient. An appropriate code sections that are subject to appeal must be identified in the description. Requesting a variance to the stair height clearance code of 80 inches. The Town of Yarmouth issued a Building permit to remodel the basement at 43 Putting Green Circle, Yarmouth, MA 02664. Basement to be used for recreational purposes only, with no heat installed. Prior to issuing the permit, the town required the addition of an air filtration system, which was added and the permit was issued. The Permit# is BDLD-23-004649on 3/22/23 to issued Timothy Gray, contractor Lic#: 046234, Home Improvement#: 102634. See attachment #1 for remaining description. Please complete the following section completely and accurately. Name of Representing: Owner- Appellant: Jeanette Maillet myself Jeanette Maillet Address For Service 43 Putting Green Circle, S. Yarmouth, MA 02665 Email:lem602@msn.com Telephone 508-577-6437 Fax N/A Number. Number: Address of Subject Property same (if different from service address): What is appellant's connection to subject property? Owner ..... --,e_a_ IA e 4-fe- 0'(ai if ek Q(ti A I JL' Please Print Name Legibly Signs of Appellant and\or Representative Please return applications to: Program Manager,Board of Appeals Office of Public Safety and Inspections-1000 Washington Street,Suite 710 Boston,MA 02118 5 DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE(9th EDITION): (Check as appropriate) Do not complete the tables below for one and two family dwellings. Proceed to section entitled"Brief Description of the Proposed Work". DESCRIPTION OF PROPOSED WORK(check all applicable) New Construction Existing Building Repair(s) Alteration(s) X Addition Accessory Bldg. Demolition Other Specify: Brief Description of Proposed Work: Finish 520 sq.ft.of basement. This is an unheated finished space. Existing stairway built in 1967 and was not touched by builder. USE GROUP AND CONSTRUCTION TYPE , USE GROUP(Circle appropriate Use Group) CONSTRUCTION TYPE A Assembly A-1 A-2 A-3 lA A-4 A-5 1B B Business 2A E Educational 2B F Factory F-1 F-2 2C H High Hazard 3A I Institutional I-1 1-2 1-3 3B M Mercantile 4 R Residential R-1 X R-2 R-3 5A S Storage S-1 S-2 5B U Utility Specify: M Mixed Use Specify: S Special Use Specify: COMPLETE THIS SEC.IION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND/OR CHANGE IN USE Existing Use Group: R-1 ProposedUseGroup:Residential Existing Hazard Index (780 CMR 34): ProposedHazard Index(780 CMR 34): BUILDING HEIGHT AND AREA BUILDING AREA Existing(if applicable) Proposed Number of Floors or stories 2 floors include basement levels 2 floors Floor Area per Floor(sf) 1,184 sq.ft.1st fl.,1,000sq.ft.=bacpment same,but 520 sq ft finished in basement Total Area(sf) 2,284 sq ft. same Total Height(ft) varies on first fl,7 ft in basement same Brief Description of the Proposed Work: Remodel of two-thirds of basement into an unheated recreational room. Remainder of basement contains heating and water systems and storage 6 STATE BUILDING CODE APPEALS BOARD Service Notice 1, Jeanette Mallet J as representative for the Appellant/Petitioner Jeanette Maillet filed an appeal with the State Building Code Appeals Board on May 20 23 AND DO HEREBY SWEAR, UNDER THE PAINS AND PENALTIES OF PERJURY, THAT IN ACCORDANCE WITH THE PROCEDURES ADOPTED BY THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTIONS 113 AND\OR 113R OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S)IN THE FOLLOWING MANNER: limilliiiiimenommilm NAME AND ADDRESS OF METHOD OF DATE OF PERSON OR AGENCY SERVED SERVICE SERVICE Brad Inkley,Building Inspector, Town of Yarmouth 1 Building Dept.,1146 Rt. 28,S.Yarmouth,MA 02664 In Person 074 23 2 \ 3 ..z.„- - itc,„(ter- Signs e:Appellant or Petitioner On the YA al Day of a 20 a-3 i PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED v ec� l" (Type or Print the Name of the Appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO BE TRUE. NOTARY PUBLIC M-e5?) C7i-e?- .-At ‘ Y COMMISSION EXPIRES C„ -"^ AUTUMN L.BANKS S'' Notary Public � Massachusetts 7 l'1 My Commission Expires , Aug 23,2024 Attachment#1: During the Framing Inspection,the Building Inspector from the Town of Yarmouth, Brad Inkley, required the replacement of two steel support posts that were installed when the house was built. Even though many houses on Cape Cod have those same steel support posts and my contractor, Mr. Gray did not agree the work was necessary,we none-the-less replaced the posts. In addition, Mr. lnkley required that the stair clearance be changed. The current basement staircase has 7 steps ending at a two-foot-wide landing with a step on the right and left side. The clearance when standing on the landing to the ceiling is 68 inches or 5 ft,8 inches. Mr. Inkley has required the contractor to raise the landing ceiling height in the landing area. No matter what Mr. Gray does, he can never get to the code required 6 ft 8-inch clearance as there is only another 7 inches available. The floor to the upper level is the barrier. The best that could be accomplished would be 6 ft, 1 inch,accounting for ceiling sheetrock. To add the 5 inches, Mr. Gray would need to cut into two 4 by 7 support beams on either side of the stair and likely need to add bulky support posts on each side of the stairs, making the landing and step on each side narrower and more difficult to access both going up and down the stairs. In addition, Mr. Gray believes that cutting the support beams threatens the structural integrity of the house, nor does he believe there is a clear way to accomplish the directive. He has been in the construction business for over 40 years, and I trust his assessment of the situation. The home was built in 1967. The basement stairs passed the inspection then and have passed several house sale inspections since. The height at the base of the stairs is not a safety risk. If it were, I would absolutely agree to the modification. However, I do not understand why a change is required now, particularly since no matter what is done,the ceiling height will never be what is required by the code. I also believe that changing the current height will cause a structural safety issue in the house because cutting into support beams located in the middle part of the home will risk the structural integrity of the first floor per my contractor's assessment. As the homeowner, I am having difficulty understanding the required change from a practicality standpoint. Because there is a step on either side of the landing, a person going downstairs does not hit their head because they are descending downward. I am 5 foot 8 and I have never hit my head going down the stairs in the six months I have lived in the home. In addition, I had a taller person descend the stairs and he did not hit his head either. Finally, after asking Mr. Inkley to issue the Denial Letter required to appeal his stair decision, he issued a stop work order via email on Monday,April 24th, after he verbally told me that the contractor could continue the work during his inspection visit, but that he would not approve and close out the permit upon the project's completion unless the stair directive was done to his satisfaction. The Stop Work Order was clearly retaliatory in nature and his way of punishing me for filing an appeal. Upon inquiring via email why the stop work order was issued, Mr. lnkley provided a brief response, "Mrs. Maillet you may proceed at your own risk." I am asking that the Division of Occupational Licensure Building Code Appeal Board to grant a variance to the stair height requirement due to the practical difficulty of completing it and likely results in more serious building safety concerns. The risk is far greater than the gain here. Below is Section 104.10 from the Massachusetts Building Code that allows for modifications to the building code if there are practical difficulties in carrying out its provisions. Both my contractor, Mr.Gray and I are available to answer questions as necessary. I appreciate your time and consideration of this request. MA State Building Code—780 CMR 104.10 Modifications.Wherever there are practical difficulties involved in carrying out the provisions of 780 CMR,the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of 780 CMR impractical and the modification is in compliance with the intent and purpose of 780 CMR and that such modification does not lessen health,accessibility, life and fire safety,or structural requirements.The details of action granting modifications shall be recorded and entered in the files of the building official phone, try corresponding in writing, by certified mail if so desired. If these methods fail, an appeal may be filed to address the issue of the inspector's failure to act. Procedures for Filing an Appeals Application Please follow the instructions below when completing an Appeals Application. 1. Unless filing for a failure to act, the appellant must be in receipt of a denial letter from the municipal or state building official as required in Chapter 1 of the State Building Code. An appeal must be filed within forty-five(45) days of the date of the letter of denial. An appeal may be filed either with the local Building Code Appeals Board, if one has been established, or directly with the State Building Code Appeals Board. Also,an appellant may file an appeal relative to a building official's failure to act on his\her permit application as provided for in Chapter 1 of the State Building Code(A letter of denial is not required when filing for failure to act). 2. Two documents are required to be completed by the appellant or his/her representative when filing an appeal. (Each is part of this document) • the Appeal Application Form(2 pages) • and the Service Notice(1 page). The Service Notice, which gives notice to the building official that an appeal is being filed, should include the date appearing and the name and address of the building official under the section titled, "PERSON/AGENCY SERVED". The Method of Service should list one of the following procedures as set forth in Chapter 1 of the State Building Code for serving notice to the appropriate building inspector. A. Personally;or B. Registered or Certified Mail,return receipt requested;or C. By any person authorized to serve civil process. The Date of Service is the date when a copy of the appeal is delivered or mailed to the building official or other party entitled on the application. The Service Notice must be signed by the appellant or his/her representative and the signature must be notarized. The Appeal Application Form (2 pages) must be completed in total. The application will be reviewed for completeness prior to a hearing being scheduled. Applications determined to be incomplete will be returned to the applicant for correction. Questions relating to completing the application should be directed to your local building department or this office. Questions relating to the process may be directed to the Appeals Board Hearings Coordinator @(6117)826-5209. 3. One complete copy of the appeal filing,including the original Service Notice, must be delivered to the noted Building Official or the official entitled. Four complete copies of the appeal filing, including the original plus three copies of the Appeal Application form,four copies of the Service Notice and four copies of the denial letter, together with a check for $150.00 (filing fee) payable to the Commonwealth of Massachusetts must be submitted to this office, if the appeal is made directly to the State Building Code Appeals Board. (Fee requirements for filing before a local Building Code Appeals Board may differ from the fees prescribed for submission to the State Building Code Appeals Board. Please check with municipal building official for these fees.). ALL CASES WILL BE HEARD ON THE SCHEDULED DATE. POSTPONEMENTS MAY ONLY BE CONSIDERED IN EXTREME SITUATIONS WHERE SUFFICIENT NOTICE HAS BEEN PROVIDED. 3 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner NOTICE Jeanette Maillet April 21, 2023 43 Putting Green Circle South Yarmouth, Mass 02664 RE: 43 Putting Green Circle-Improvements-Denial Dear Mrs. Maillet. This letter constitutes a Notice of improvement-denial. After reviewing the basement project at your resident, that changed utility space it into finish habitable space, you were requested to make changes to an existing stairway, which the head room was 5'8", The code requires 6'8". I had asked them to make the head room improvement to the best of their ability and was denied that request. AJ501.1 Newly constructed Elements: Addition, newly constructed elements, components, and systems shall comply with the requirements of 780 CMR 51.00 This letter is for them to take to the Building Board of regulations and standards. You have the right to appeal this denial to the Building Code Appeals Board in accordance with M.G.L. c. 143 §100,within 45 days of this notice. If you have any Questions, I am Available to discuss. Questions regarding this matter may be directed to this department. Very trulso<77 <72 Brad nl ey Local Inspector ♦ Z 2 Ia n co Iii CC I- FA' Z z Z .0a, .oz, C S N § ¢r p 1 Iw- O x0 ZFU 0 m 2 U 0 o?�o 0 K _. Inr ks NWW O co O q Z 0 w ' 2 W w K w w m F w W.- .. 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