HomeMy WebLinkAboutemail 11/01/21 Grylls,Mark
From: Grylls,Mark
Sent: Monday,November 1,2021 8:23 AM
To: Jay Talerman(jay@mtclawyers.com);'Michael Kennefick'
Cc: Whritenour,Robert;Sears,Tim
Subject: RE:Fiorillo-4 Glenwood
Attachments: Xerox Scan 10292021103503.PDF
Not sure if the attachment was in the original email
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
From:Grylls,Mark
Sent:Friday,October 29,2021 10:48 AM
To:Jay Talerman(jay@mtclawyers.com)<jay@mtclawyers.com>;'Michael Kennefick'<michael@mtclawyers.com>
Cc:Whritenour,Robert<RWhritenour@yarmouth.ma.us>;Sears,Tim<tsears@yarmouth.ma.us>
Subject:Fiorillo-4 Glenwood
Hi Jay,
Just received this in the mail.
His attorney reached out to me twice this week for copies of the tickets which were sent.Tim has them filed away and I
could not locate them.He is back on Monday.
Attorney gave me a bit of a hard time about it.I told him to ask his client for copies.Essentially waited until the last day
to file the appeal.
I attended a hearing this week with the state regarding a complaint we filed against the CSL holder.We should know the
results of the hearing in a week or so.
We will likely request someone from your office be in attendance.
Let me know if you need anything else.
Talk soon,
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
1
RECEIVED
COMMONWEALTH OF MASSACHUSETTS I OCT 2 91011
New Bedford HousingCourt BUILDING DEPARTMENT
Appeal From Hearing#201072 I
TOWN OF YARMOUTH )
Plaintiff, )
)
v. )
)
NICHOLAS FIORILLO, )
OCEAN VACATIONS, LLC )
Defendants. )
NOTICE OF APPEAL
Nicholas Fiorillo and Ocean Vacations, LLC give notice that they appeal the decision
which entered on October 13,2021,of the hearing of October 7, 2021,of hearing#2010721.
Defendants note that the hearing notice is particularly improper and unprofessional. It
contains neither the name of the Plaintiff nor Defendant(s); fails to identify which court, if any, it
was filed in; fails to list an address nor contact information of the parties. Counsel for
Defendants/appellants is therefore forced to guess which information is applicable. A copy of
the notice is attached.
/s/Neil Kreuzer
Neil Kreuzer BBO# 630976
Law Office of Neil Kreuzer
268 Newbury Street,4th Floor
Boston, MA 02116
(617) 872-5347(p)
(617) 739-8484(f)
nkreuzer@aol.com
1
CERTIFICATE OF SERVICE
1, Neil Kreuzer, hereby certify that on this 25th day of October, 2021, 1 served a copy of
NOTICE OF APPEAL
via first class mail to all parties as follows:
Mark Grylls
Director of Inspectional Services
Yarmouth Town Hall
1146 Route 28
South Yarmouth, MA 02664
2
Hearing Officer
October 13,2021
On October 7,2021 at 10:00am,Hearing#2010721 was conducted via Zoom.
Having been duly notified of the date and time,in attendance were the following
people:James Armstrong Hearing Officer Town of Yarmouth,Mark Grylls Building
Commissioner Town of Yarmouth,and Tim Sears Building Inspector Town of
Yarmouth.Not present was Nick Fiorillo owner of the property located at 4
Glenwood Road Yarmouth Massachusetts.This municipal hearing was held under
Massachusetts General Law Chapter 148A.
This hearing was held at the request of Nicholas Fiorillo on August 21,2021(Ticket
#8051-028731)At dispute were Tickets B051-028716 through B051-028740.
These tickets were written by Tim Sears,Building Inspector for the Town of
Yarmouth Massachusetts.Per Tim Sears,Mr.Fiorillo failed to obtain an
occupancy permit from the Building Department for a dwelling he owns located at
4 Glenwood Road Yarmouth Massachusetts.After multiple tickets,conversations
,emails and letters,Mr.Sears stated that as of October 13,2021 Mr.Fiorillo has
failed to obtain a occupancy permit.Failing to obtain an occupancy permit is a
violation of the State of Massachusetts Building Code 780CMR Sec.111.2.
When Nick Fiorillo signed the request for a hearing form on August 1,2021,he
acknowledged the following;"... I am aware that if I fail to appear at the time and
place of the hearing I will be deemed responsible for the listed violations."Mr.
Fiorillo did not attend the hearing and is responsible for fines totalling$23000.00.
This decision may be appealed to the housing court within the county in which the
violation occurred and shall be entitled to a hearing before a magistrate of the
court.The appeal shall be filed by the aggrieved person within 10 days after
receiving notice of the decision from the municipal hearing officer who conducted
the meeting.
Sincerely yours,
mes Armstrong
Municipal Hearing Officer Town of Yarmouth