HomeMy WebLinkAboutemail 08/10/21 Grylls, Mark
From: Grylls, Mark
Sent: Tuesday, August 10, 2021 11:27 AM
To: 'Jay Talerman'; Michael Kennefick
Cc: Whritenour, Robert
Subject: RE:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the
Funky Bunch
Thanks Jay
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From:Jay Talerman [mailto:jay@mtclawyers.com]
Sent:Tuesday, August 10, 2021 10:48 AM
To: Michael Kennefick<michael@mtclawyers.com>; Grylls, Mark<mgrylls@yarmouth.ma.us>
Cc:Whritenour, Robert<RWhritenour@yarmouth.ma.us>
Subject: RE:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole&the Funky Bunch
Mike: Mark and I spoke today and I think we may be at the point of putting a last-chance letter to him on our
letterhead. I will leave it to you to marshall the facts with Mark
INNJason R.Talerman
Mead,Talerman&Costa,LLC
730 Main Street• Suite 1F •Millis,Massachusetts • 02054
Phone 774.993.5000
jaynn,mtclawyers.com www.mtclawyers.com
The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for
the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient,you are hereby notified that any
unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful.
If you have received the above transmittal in error,please delete the message and any attachment(s)hereto from your e-mail system and notify us immediately.
•ThiAk before yam rrtwt.
From: Michael Kennefick<michael@mtclawyers.com>
Sent:Tuesday, August 3, 2021 11:40 AM
To: Grylls, Mark<mgrvlls@varmouth.ma.us>;Jay Talerman <iay@mtclawyers.com>
Cc:Whritenour, Robert<RWhritenouri varmouth.ma.us>
Subject: RE: 4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
As you know, if we file for an injunction, we'd have a hearing within a couple of weeks. We should reach an absolute
impasse prior to going into court, meaning that we've conducted every inspection that we can and that we've reached a
point where the owner has indicated he's not going to cooperate at all. This would have to be explained in an affidavit
with the court, as required by the courts' procedural rules.
I
Mark, our office can send him a letter now,which might help. If you want to do that, send me a draft or an outline of
everything we should include in the letter.
II Michael J. Kennefick
Mead,Talerman& Costa,LLC
730 Main St• Suite 1 F,Millis,Massachusetts • 02054
FIN
Phone 774.993.5003
michaelamtclawyers.com •www.mtclawyers.com
The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for the
named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient,you are hereby notified that any unauthorized
use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful.
If you have received the above transmittal in error,please delete the message and any attachment(s)hereto from your e-mail system and notify us immediately.
Please consider the environment before printing this email. `p
Ttiiink before you priht.
From: Grylls, Mark<mgrvlls@varmouth.ma.us>
Sent:Tuesday, August 3, 2021 11:25 AM
To:Jay Talerman<iav@mtclawvers.com>
Cc:Whritenour, Robert<RWhritenourPvarmouth.ma.us>; Michael Kennefick<michael@mtclawvers.com>
Subject: RE:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
Hi Jay,
There is work to be inspected, however,the permit is in limbo and licensed contractors should be calling for their
inspections. It appears that the electrical permit has expired and will require a new application and associated fees.
Failed inspections as a result of a property owner trying to push the project along results in re-inspection fees being
assessed and the arguments as a result of them.
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From:Jay Talerman [mailto:iav@mtclawyers.com]
Sent:Tuesday, August 3, 2021 11:17 AM
To: Grylls, Mark<mgrvIls@varmouth.ma.us>
Cc:Whritenour, Robert<RWhritenourPvarmouth.ma.us>; Michael Kennefick<michael@mtclawvers.com>
Subject: RE: 4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole&the Funky Bunch
His email indicates that he has some work to be inspected. Is that true or is he simply deflecting?
J
Jason R.Talerman
Md,Talerman&C ,L
m 730 Main Street Suite 1Fosta MilliLC
s,Massachusetts •02054
Pheaone 774.993.5000
jay@mtclawyers.com • www.mtclawyers.com
2
The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for
the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any
unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful.
If you have received the above transmittal in error,please delete the message and any attachment(s)hereto from your e-mail system and notify us immediately.
nixie before ru prLME.
From: Grylls, Mark<mgrylls@yarmouth.ma.us>
Sent:Tuesday, August 3, 2021 11:13 AM
To:Jay Talerman <lav@mtclawyers.com>
Cc:Whritenour, Robert<RWhritenour@varmouth.ma.us>; Michael Kennefick<michael@mtclawyers.com>
Subject: RE:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
Hi Jay,
Thank you for your help, any guidance is helpful.
The responsibility for the permit must be assumed by a licensed contractor as I have told him on several occasions and
included in my email from yesterday.A quick Google search shows that he is no stranger to the courts.
The permits could close out and occupancy issued if done according to the code.
This is his MO.
He is also the owner of 32 New Hampshire Ave and 1 Railway Bluff. Both of these properties took years to accomplish
closing of the permits for the same reasons. 32 New Hampshire Ave was also operating a venue for parties. His violation
notices prompted his appeal to the ZBA and they upheld my decision. His threats to take me to court never came to be.
It is with the 4 Glenwood project and his repeated lies that we decided enough wasting our time.We literally have
hundreds of hours in dealings with him over the years. I decided to levy fines and let the chips fall where they may. His
tantrums are the norm. He was in here this past spring and upset the whole first floor who heard his yelling door
slamming.
I will not meet with him unless PD is present. I do not fear violence, it's because we need a valid witness to the
conversation.
I have informed my staff to be cordial but not to discuss project details with him aside from yes or no answers. Any
onsite inspections will require police escort.
I will be happy to finalize this project. I will also continue sending tickets if in violation until the Occupancy Permit is
granted.
What timeframe would you advise regarding a court date?As you can see by the timeline, nothing changes except his
excuses.
I am willing to go in any direction you suggest.
Thank you again,
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
From:Jay Talerman [mailto:lay@mtclawyers.com]
Sent:Tuesday, August 3, 2021 10:52 AM
To: Grylls, Mark<mgrylls@varmouth.ma.us>
Cc:Whritenour, Robert<RWhritenour@varmouth.ma.us>; Michael Kennefick<michael@mtclawyers.com>
Subject: RE:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
3
Mark: Is it at all possible that these properties can be made to comply or do you need to push this toward an injunction
requiring that occupancy cease?
I am cc'ing Mike as he would be leading the litigation if it came to that.
MINJason R.Talerman
Mead,Talerman&Costa,LLC
730 Main Street Suite 1F Millis,Massachusetts • 02054
Phone 774.993.5000
jay@mtclawyers.com • www.mtclawyers.com
The information contained herein is confidential and may be protected by the attorney-client and/or other applicable privilege(s). It is intended only for
the named recipient(s). If you are neither an intended recipient nor a person responsible for delivery to a recipient, you are hereby notified that any
unauthorized use,dissemination,distribution or reproduction of the contents hereof is strictly prohibited and may be unlawful.
If you have received the above transmittal in error,please delete the message and any attachment(s)hereto from your e-mail system and notify us immediately.
•Thtr.k before you brisk.
From:Grylls, Mark<mgrylls@varmouth.ma.us>
Sent:Tuesday, August 3, 2021 9:26 AM
To:Jay Talerman <jav@mtclawvers.com>
Cc:Whritenour, Robert<RWhritenour@varmouth.ma.us>
Subject: FW:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
Hi Jay,
At this point, I am not responding to him without direction from others
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: nicholas fiorillo [mailto:metrowestrealty@vahoo.com]
Sent:Tuesday,August 3, 2021 9:19 AM
To: Kecia McCaffrey<kecia@hphcllc.com>;emily@hphcllc.com; hphcllcoffice@gmail.com; Grylls, Mark
<mgrylls@varmouth.ma.us>; Sears,Tim <tsears@varmouth.ma.us>; Waterfront Rentals<info@waterfr.com>; Fallon,
Rosa<rfallon@varmouth.ma.us>; Inkley, Brad<binklev@varmouth.ma.us>; Grylls, Mark<mgrylls@varmouth.ma.us>;
Brian Clark<brian@hphcllc.com>; Hook, Kevin <KHook@varmouth.ma.us>
Subject:4 Glenwood Final Electrical Insp. Building DEPT Twilight Zone Whack& Mole &the Funky Bunch
Hello,
Everyone, the Yarmouth building department has indicated as of Friday, there where not any calls
Placed for inspections and it's our fault we have not guessed right when they have shown up.
I know this to be a false statement, being that I had spoken to everyone at HPPC multiple times throughout last
week and I was informed that you guys had in fact called the town multiple times the prior Week and multiple
times this past week trying to set up the final inspections to no avail.
Conveniently, the town has fined me thousands of dollars
4
Under the guise,the house is unsafe and not allowed to be occupied.
We all know this to be an overreaching and harsh statement, seeing that my home has had all other sign-offs to
deem the home safe years ago but because of delays due to COVID from this past year and the GAMES that the
Town has been playing with my home, some how I have been placed into the TWILIGHT BUILDING ZONE!
Every time you can actually get an inspector on the phone or
Actually to show up on time for a scheduled appointment, it's Wack A Mole time with their ever changing
demands of things to be done/re-done , double the permits fees,pay the fines.
Funny thing is they have all the time in the World for a sneak attack trespass, break entry and assault of myself
and family to yet, levy me with more fines but they can not seem to make an appointment, nor be proactive in
closing this mess out.
It's the Marky Mark and the Funky Bunch Gang that can't shoot straight( I had too ;--)making up the rules as
they see fit and it needs to stop now.
The only things that they have stated this time around that remain and now have finally reduced to writing is the
following:
Final Electrical sign off
Tempered Glass Film in the Tub area of the master bath
A call for the final walk through Funky that this is all that is left even though this had been done and redone ,
let's MAYBE do it one more time !
(We did final twice already but who is counting anyway,)
OHH I almost forgot , $8,000 in fines , $50,000 in finish work redone,triple permit fees , 2 years of rental
permit fees paid in, let's continue to harass &trespass and threaten innocent people with fines and tickets here in
Yarmouth !
Come on Down to Old Krooked Key Stone Cops Cape Cod !
Mark can you let your wonderful Electrical inspector get back to us TIMELY? Could we please re-set up the
final electrical ?
Can you let Brad Know we are ready at 2 pm today for him to come check the safety film ?
(Sears is to STAY AWAY from my HOME)
Let us all know when they may in fact finally SHOW UP for a scheduled inspection.
( 3 times Back is the Charm)
The sneak "sticker attacks" are getting real old and wasting everyone's time and have been escalated to a
criminal trespass complaint being filed against Tim Sears today.
Brad has such a better disposition on site and does drive a nice pick up truck, I though the town did not own.
I await your times that work to close this out, sticker fines are all appealed and will continue to be as long as
you keep trying to
5
"Beat the Clock" on doing your job.
Help us help you close this all
Out ASAP before someone has to cancel the concert tour.
Nick
Sent from my iPhone
Begin forwarded message:
From: Waterfront Rentals <info@waterfr.com>
Date: August 2, 2021 at 3:35:44 PM EDT
To: NICHOLAS FIORILLO <metrowestrealty@yahoo.com>
Subject: RE: 4 Glenwood FIASCO NOT FUNNY ANYMORE
Are you going to hire a contractor and have this resolved in the next few days?
From:Grylls, Mark<mgrvlls@varmouth.ma.us>
Sent: Monday, August 2, 2021 3:23 PM
To: 'nicholas fiorillo' <metrowestrealtv@vahoo.com>; Sears,Tim<tsears@yarmouth.ma.us>; Inkley,
Brad <binklev@varmouth.ma.us>; Whritenour, Robert<RWhritenour@yarmouth.ma.us>; Waterfront
Rentals<info@waterfr.com>
Cc: Murphy, Bruce<BMurphy@yarmouth.ma.us>; Elliott, Ken<KElliott@varmouth.ma.us>
Subject: RE: 4 Glenwood FIASCO NOT FUNNY ANYMORE
Mr. Fiorillo,
We have had several discussions with you over the years for projects on multiple properties regarding
numerous issues.The code has not changed.
As you have been made aware on more than one occasion, and on more than one project, that a
contractor is required to complete the work.
You do not qualify as a homeowner per 780 CMR Section 100.R5.1.2.Your contractor did not oversee
the work and call for the code required inspections per780 CMR section 110.1. It is unclear who did the
work.Concerns for the safety of the occupants is valid. A complaint has been filed with the state by this
office as a result of his negligent behavior.
Despite your continued assertion that this office is non-responsive, we have met with you and your
contractor Adam together in my office and on site. Clear and concise direction to complete the project
has been provided several times and ignored.
I will not speak with you regarding anything related to permitting,or construction methods as it does
not appear to be productive and you are not responsible for the results. I will meet with the contractor
of your choosing or respond to you in writing only. Your contractor must assume responsibility for the
existing permit before the 180 day expiration. Should permit BLD-19-005721 lapse per 780 CMR section
105.5, another application including fees, will be required to close the project and apply for occupancy.
You met Tim Sears on site, 7/26/21 during a his site visit to confirm the continued illegal occupancy of
the property. We do not levy fines until confirmation of a violation.You were provided direction again
regarding the requirement for a contractor to assume responsibility for the project. Continued illegal
occupancy will result in fines being assessed as this is a violation of 780 CMR Section R111.1.This office
6
has been left with no other recourse to assure the safety of the inhabitants of your property than to levy
fines for the illegal occupancy.
Your refusal to allow Inspector Sears entry is a violation of MGL Ch 143/Section 50.Note:fines or
violations were not issued as a result of the denied access.
Recorded timeline on file to date as follows:(see attached)
1. 2/20/19—application filed to replace 30 sq.siding,22 sq.roofing,6 windows,and 3 doors.
Permit#BLD-19-004715 issued on same date.
2. While conducting an inspection at a neighboring property,Inspector Inkley witnessed drywall
being disposed of in the dumpster at your property.After confirming that a permit was not in
place for the work,he visited your site.The interior of the dwelling was completely gutted to the
frame without benefit of permit.He instructed the contractor to stop work and apply for the
permits required per 780 CMR Section R105.No stop work order posted and no fines levied.
3. 4/12/2019—after the fact application applied for and denied,see letter 4/16/2019 attached.
Your property being in the VE 13 flood zone required further documentation to allow the
building permit to be issued legally.
4. 7/1/2019—permit#BLD-19-005721 issued for the work that had already begun.
5. 8/02/2019—Inspections requested.Rough frame&footings/forms.Inspector Sears approved
the deck forms and forms for the LVL footings in the crawl space.Frame inspection failed.Work
was still underway and framing incomplete.No electrical permit which was applied for 4 months
later or inspections.Plumbing&gas permits not applied for and or issued at that time,these
were not issued until almost a year later.
6. 1/22/2020—Permit#BLDE-20-004029 issued for wiring regarding renovations to residence.
7. 4/21/2020—permit#BLDE-20-004029 passed rough inspection.There has not been a final
inspection of the wiring related to this permit and this permit may have expired.Please have
your electrical contractor confirm with the wiring inspector
8. 10/22/2020—Housing Inspector Kevin Hook indicates that he has received an application for a
rental certificate.He mentions that there are occupants in the dwelling.No inspections were
performed by this office regarding permit#BLD-005721 other than the footings/forms
inspection of 8/02/2019.
9. 10/22/2020—Violation Notice issued to Adam Dizdari,contractor of record,see attached.
Contractor called to request his withdrawal from responsibility for the permit.He was informed
that he was responsible for all activity related to permit#BLD-19—005721 that had happened
to date.He did not follow up for the next few months.
10.1/22/2021-You as the owner were notified of the violation(see attached)
11.1/28/2021—You visited my office with Mr.Dizdari and met with Inspector Sears,Inspector
Inkley and myself to discuss the matter.At that time you insisted that inspections were
complete.There is no record of that on your permit or in our system.You insisted that an
inspector from this office left your site with your permit in hand.Although you could not identify
that person.That would be a first from anyone that works here.The permit is the property of
the permit holder and their responsibility to protect.
12.1/29/2021—Inspectors Sears and Inkley met you and Mr.Dizdari on site to identify areas of
concern that require inspection,These are typical areas where failed inspections occur.We
chose this method of inspection as opposed to requesting all finishes be completely removed as
allowed by 780 CMR section R110.1.If issues were identified,this office had the opportunity to
require all finishes removed.
13.3/18/2021—Plumbing permit BLDP—21-005360 issued for plumbing work done without permit.
Plumber of record completed code related violations prior to calling for inspection.
14.3/29/2021 Inspections for permit#BLDP—21-005360 complete.
7
15. 3/30/2021—Inspection requested to view opened areas. Inspector Inkley identifies footing to
support the LVL and second floor above not poured.Tempered glass was not installed in areas
required by 780 CMR. Human impacts possible and require this type of glass. Improvement
required.
16. 5/27/2021—Foundation approved by Inspector Inkley.
17. 7/19/2021—Gas permit BLDG—22-000328 issued for illegally installed furnace. Initial inspection
fails as a result of improper venting. It was also noted by the plumbing inspector that there was
a dark liquid on the ground near the mounded septic system. Health Director Bruce Murphy
was made aware of this.
18. 7/29/2021—Re-inspection of failed venting complete and passed.
19. 7/22/2021—Wiring permit BLDE-22-00405 issued for illegally installed furnace. Inspection
request came today 8/2/2021 and they were asked to stand for their inspections. HPCC did not
respond to a call from the wiring inspector to inspect this afternoon. Inspections not complete
for this work.
To date, Building Permit BLD-19-005721 does not have an entity responsible who is eligible to close the
permit.Your continued violations as described will accrue fines until the illegal occupancy ceases and or
the permits are closed as required by law.
I look forward to hearing from your contractor in the near future to put this whole matter to rest.
I have requested input from counsel regarding next steps the town should pursue to protect the visitors
to the Town of Yarmouth
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
From: nicholas fiorillo [mailto:metrowestrealty@yahoo.com]
Sent: Friday,July 30, 2021 6:50 PM
To: Grylls, Mark<mgrylls@varmouth.ma.us>;Sears,Tim <tsears@varmouth.ma.us>; Inkley, Brad
<binklev@yarmouth.ma.us>;Whritenour, Robert<RWhritenour@varmouth.ma.us>; Waterfront Rentals
<infoc waterfr.com>
Subject: Fwd:4 Glenwood FIASCO NOT FUNNY ANYMORE
Gentlemen,
I would like someone to return one of my 7 messages left over the last
couple of weeks where I have been requesting a meeting and/or a call
back to to get to the bottom of this MESS. Also it would be nice if we could
also get back to HPPC for the electrical inspection which they have been
trying to schedule for the last several days.
Also have still yet to get a meeting or call back and had even went to the
building department almost three weeks ago, in person and requested a
meeting or a call back and still nothing just the "beat the clock" game to
8
prevent me from timely re-doing or re-completing yet more work or new
items that just keeps getting added on .
Some how though, almost magically,Tim Sears has all the time in the
World to consistently harrass and intimidate me and my guests on a daily
basis at my home, but could not be bothered with actually helping us all
just complete whatever whims of "new codes"or"new items" he seems
to find every day , we have not done yet.
Yarmouth's Two Years of Harassments, Unfair&Unjust Levying of
Fines and Penalties Cause of Property Damage.
The almost two years of constant harassment and unwarranted abuse
from the building department against me needs to end right now. You
order me to"Cut Apart My House" (Funny) to show you work that was
already inspected and signed off on back in 2019 and YOU KNEW IT
WAS COMPLETE AND PROPER AND IT WOULD EASILY COST ME
$50,000 to repair. ( I continued to show you multiple photos and the 2019
Sign off from Tim Sears for this work)
Now you have successfully threatened my former GC with unjust fines
and penalties and he wont return any calls or emails. Now, with all this
craziness going, no GC's is willing to help me. I guess you will have to
continue to harm me with your unfair practices, illegal fines and continued
threats to prevent my quiet enjoyment of my home. I am now left to be
the point of contact and within my rights to deal with this mess with you
and Tim directly. GREAT !
THESE GAMES MUST STOP RIGHT NOW!
We all know I have had been subjected to numerous"fines and re-
inspection fees"as a JOKE of sorts over the last 2 years with my home
renovation. I was all too"OK"with these fun and games at the time, as I
was just a easy going type of guy. Enough is Enough !
This new GAME that is now going on is not funny at all and innocent
people are getting hurt for know other reason then spite !
We all know we had inspections done back in 2019 that deemed the
house structurally safe, sound free from unsafe conditions. It was well
know, my rental permit was in and myself and my employees and other
seasonal guests where enjoying my house for almost two years.
Just most recently Tim Sears decided to come unannounced to the
property and immediately threatened us with fines and penalties and order
us to move out of my home in 24 Hours !
He has continually trespassed and harassed
myself and other occupants at my home but has
9
not bothered to return my calls or actually work
with me with any clear direction or objectives or
help me complete his ever changing demands
and now unjustly fined me almost $4,500 . I
HAVE APPEALED ALL OF THEM !
For whatever reason I have been singled out, and have been now order
to pay multiple fines and left needlessly re-apply for permits I already
lawfully had been granted, when I was not required to do so. As we know,
COVID affected everyone and the logistics with the town were difficult at
best and I was instructed to take multiple pictures of the ongoing work until
an inspector could review on email or actually come out to the site when
the "Shelter in Place" was lifted.
I strongly fell even at this moment and for the past several years, if I
do not succumb to these unjust fines and "constant re-application
fees" and continue to put up with this punitive abuse, I would be
further retaliated against and it would further jeopardies my quiet
enjoyment of my home and my ability to operate my vacation rental
business here in Yarmouth.
History of Permits/Inspections & MULTIPLE
UNFAIR RE-INSPECTIONS
3/2019 Start Process to Apply for 4 Glennwood Renovation Permit
3/2019-6/2019 90 days trying to appease Tim Sears in a forever
changing over reaching permit to issue process
7/16/2019 1st Emails & Multiple Calls to Tim Sears for Rough
Frame/Footing Inspection, inspector Comes to site-adds yet more
overreaching demands above and beyond the plans that where
approved and submitted.
8/1/2019 2nd Emails & Calls for Rough Frame, Structural & Footing
Inspection & Request to Tim Sears
8/20/2019 -Structural-Framing -Footing- ROUGH ELECTRICAL
Foundation Inspection HAD BEEN COMPLETED AND SIGNED OFF
SEE PERMIT TIM SEARS SIGNED OFF TS initial's and the town even
came back I was told by Tim Sears granted permission to close up all
the WALLS !
1/2021 Town accuses me off not getting signed off back in 2019 and
closing walls illegally
io
1/27/2021 Building Department Meeting with Tim and Mark where
I provided Permit SIGN OFFs from 2019 with signatures of
signature along and also provide all the pictures of the work will the
walls open showing all the required structural and framing was done
correctly as inspected in the SUMMER OF 2019.
5/2021 C/O Inspection Early May Call for re-Inspector Brad Comes
out for our 3rd re- inspection !
Brad Unlawfully Orders me to "CHOP UP AND HACK OUT" tens of
thousands of dollars in finish and built ins renovation work that was
100% finished years prior and Signed off ON by TIM SEARS IN
2019, so the town could "RE-JOKE-INSPECT" the work because
they Conveniently Forgot that T.S. HAD ALEADY DONE IT ! Tim just
conveniently said he must of forgot when they went out and had
earlier inspected the framing, foundation and footings when he was
finally confronted with his own signature affixed to the 2019
permit. (mysteriously all my earlier inspections have been erased on
the towns servers?)
5/2021 C/O Inspection Late May Brad Comes Back out and meets
with James Borelli & GC and gives final ok for the 4th time and says
we have complied with requests and gives final C/O approval and
takes out his tablet and appears to electronically sign and tells us we
are 100% finished. He did how ever look into the HVAC gas piping of
and says if we do not have that inspection to please call it tells us we
are ok to remove the sticker on the door!
7/10/2021 Week of July- Tim Sears confronts summer guests and
states they must move out of the home in 24 hours and be subject to
fines and penalties unless I immediately file for the final and last
HVAC gas permit and now adds we must get a rough electrical re-
inspection.
7/14/2021 Harwichport HPPCE is hired an immediately sends email to
town and I follow up with an email begging Mark and Tim to call me
and discuss the final (albeit) brand new demands they are now
looking for to make them happy.
7/15 or so I go to building department and request meeting with Mark
and Tim to discuss the situation, Mark will not see me and I request
to set up the soonest possible meeting and have not gotten
conformation or call back to meet. Tim also final admits that I only
need electrical final, ROUGH WAS COMPLETE and so was he, and
need to have HPPC complete the work and call for inspections.
7/23-7/25 HPPC is on scene and completes work during multiple
TS harassing visits to the property purely to intimidate, prevent my
quiet enjoyment and threaten eviction.
ii
Tim tells my guest, they can stay in the house
! They were never in an unsafe house and are
not in danger!
AS LONG AS NICK GETS THE WORK DONE !
7/25 On or about Tim arrived again at my property unannounced,
never tried to call me or email or set up any meetings or
inspections at the property.
His sole objective was to continue to harrass
me and my guests, threaten me with fines and
penalties.
7/29 ELECTRICAL INSPECTION DELAYS
We have starting calling for inspections that had started over a 5
days ago, conveniently we have now just heard back, after multiple
calls to the electrical inspector, HE WILL TRY TO COME BY ON
MONDAY , MAYBE !
Tim also is very well aware that the HVAC Gas
pipe was inspected days ago and signed off
on but again conveniently has not informed
anyone only to add further undo stress and
anxiety for myself and many other innocent
people.
It is extremely obvious to everyone the overzealous and hurtful intent of
the building departments attempts to disrupt the quite enjoyment of my
home and it's occupants is ridiculous and needs to end now. My house is
safe and has been safe from collapse and structural failure since summer
of 2019!
Mark and Tim
Please stop being vindictive and start being responsive and understand
that a lot of innocent people, including myself are being wrongly
persecuted and be called out like criminals and are being financial
damaged and this entire conspiracy again myself and my home is
punitive in nature.
12
As you know I have complied with all that was requested of me and every
time you demanded, I paid unfair fees and penalties and received my final
inspections of structure and framing in deeming the house safe in 2019.
Then you had me cut up the house,($50,000) and repaired it and had it
re-inspected again this in May, the only thing that remained was an HVAC
gas permit to be closed out which has now been done.
My home was and has been deemed safe and had has occupancy for
over 75 years and you need to stop this and allow this to end right right
now. We all know Brad did the CIO inspection and he passed it with
multiple witness at the site inspection this past May.
Please do not let this go to the courts and do not put the Town or your
department into a needless lawsuit where, I will be forced to seek
substantial and quantifiable money damages that I know I will be entitled
to.
Please work with me and get this entire situation closed out for everyone's
benefit.We all know all the work has now been done and we are just
waiting for you to "call off the dogs" and let the department inspectors get
out to my home to finish this out.
Thank you in advance for your future cooperation,
Sincerely
Nick
Thanks Nick
On Friday,July 30,2021,01:36:23 PM EDT,Grylls,Mark<marvllsCavarmouth.ma.us>
wrote:
Please be advised.
I will no longer accept a single call from a tenant or potential tenant regarding the illegal
occupancy of 4 Glenwood.
I will only be responding to requests from the owner or their legal counsel.
Mark
13
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES! BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:infoa.waterfr.com]
Sent: Friday, July 30, 2021 11:37 AM
To: Grylls, Mark<mgrvlls ayarmouth.ma.us>; 'nicholas fiorillo'
<metrowestrealty@yahoo.com>
Cc: Sears, Tim <tsears@yarmouth.ma.us>; Inkley, Brad <binklev c( varmouth.ma.us>;
Whritenour, Robert<RWhritenour(c�yarmouth.ma.us>
Subject: RE: 4 Glenwood
Thank you again, hopefully the inspections can be done today and everything resolved.
Thank you,
Julie Jason
Bob Jason
Waterfront Rentals, Inc.
411B Route 28
West Yarmouth, Ma. 02673
508-778-1818
508-771-3563 fax
www.waterfr.com
From: Grylls, Mark <mgryllsayarmouth.ma.us>
Sent: Friday, July 30, 2021 11:24 AM
To: Waterfront Rentals <info a(�.waterfr.com>; 'nicholas Fiorillo'
<metrowestrealty(a yahoo.com>
Cc: Sears, Tim <tsears(a�yarmouth.ma.us>; Inkley, Brad <binklevCa)yarmouth.ma.us>;
Whritenour, Robert<RWhritenour(a�yarmouth.ma.us>
Subject: RE: 4 Glenwood
Without conducting final inspections, I can't be sure.
14
I can only confirm that the permits are not finalized.
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES 1 BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:infoCc�waterfr.com]
Sent: Friday, July 30, 2021 11:21 AM
To: Grylls, Mark <mgrylls(c varmouth.ma.us>; 'nicholas fiorillo'
<metrowestrealty cCDvahoo.com>
Cc: Sears, Tim <tsears c yarmouth.ma.us>; Inkley, Brad <binkleyAyarmouth.ma.us>;
Whritenour, Robert<RWhritenour(c�yarmouth.ma.us>
Subject: RE: 4 Glenwood
I agree that we should be updated by the owner.
I understand that property is occupied unlawfully because the permit has not been signed
off, but is there anything that deems the property unsafe?
Thank you,
Julie Jason
Bob Jason
Waterfront Rentals, Inc.
411B Route 28
West Yarmouth, Ma. 02673
508-778-1818
508-771-3563 fax
www.waterfr.com
15
From: Grylls, Mark <mgryllsayarmouth.ma.us>
Sent: Friday, July 30, 2021 9:07 AM
To: Waterfront Rentals <info@waterfr.com>; 'nicholas fiorillo'
<metrowestrealtyayahoo.corn>
Cc: Sears, Tim <tsears anyarmouth.ma.us>; Inkley, Brad <binklevayarmouth.ma.us>;
Whritenour, Robert<RWhritenour(o)_yarmouth.ma.us>
Subject: RE: 4 Glenwood
The P&G Inspector has not signed off on the furnace permit. There is a reinspection fee
due.
The structure has not had P&G, Electrical, or final Building inspections/approvals.
The Certificate of Occupancy has not been issued. The owner has been made aware of
the requirements for final inspections on numerous occasions.
Fees continue to be assessed as the property continues to be occupied unlawfully.
The owner of the property should be advising you of the status of their property.
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES I BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:infoawaterfr.com]
Sent: Friday, July 30, 2021 9:00 AM
To: Grylls, Mark <mgryllsavarmouth.ma.us>; 'nicholas fiorillo'
<metrowestrealtvavahoo.com>
Cc: Sears, Tim <tsearsc varmouth.ma.us>; Inkley, Brad <binklev a.yarmouth.ma.us>;
Whritenour, Robert<RWhritenourayarmouth.ma.us>
Subject: RE: 4 Glenwood
Hello,
Could you please let me know the results of the plumbing and gas inspection
that was done earlier this week at 4 Glenwood and what else is needed to be
done there to resolve this situation?
16
Thank you for your time.
Julie Jason
Bib Jason
Waterfront Rentals, Inc.
508-778-1818
www.waterfr.com
411E Route 28
West Yarmouth, MA. 02673
Original message
From: "Grylls, Mark" <mgrylls@yarmouth.ma.us>
Date: 7/29/21 1:44 PM (GMT-05:00)
To: Waterfront Rentals <info@waterfr.com>, 'nicholas fiorillo'
<metrowestrealty@vahoo.corn>
Cc: "Sears, Tim" <tsears@varmouth.ma.us>, "Inkley, Brad"
<binklev@varmouth.ma.us>, "Whritenour, Robert"
<RWhritenour@yarmouth.ma.us>
Subject: RE: 4 Glenwood
Hi,
The only update I'm aware of is that the Plumbing and Gas Inspector as conducted an
inspection for the furnace. Results unknown at this time.
Daily penalties are being assessed as the building is being illegally occupied in violation
of Section R111.1 of the MA State Building Code.
Mark
17
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:info@waterfr.coml
Sent: Thursday, July 29, 2021 12:56 PM
To: Grylls, Mark <mgrylls anyarmouth.ma.us>; 'nicholas Fiorillo'
<metrowestrealty(ayahoo.com>
Cc: Sears, Tim <tsearsayarmouth.ma.us>; Inkley, Brad <binkley aC�varmouth.ma.us>;
Whritenour, Robert <RWhritenourc(�yarmouth.ma.us>
Subject: RE: 4 Glenwood
Hello,
At your convenience, could we please have an update from the town, of 4 Glenwood St.
West Yarmouth?
Thank you,
Julie Jason
Bob Jason
Waterfront Rentals, Inc.
411B Route 28
West Yarmouth, Ma.02673
508-778-1818
508-771-3563 fax
www.waterfr.com
18
From: Grylls, Mark <mgryllsyarmouth.ma.us>
Sent: Monday, July 26, 2021 3:14 PM
To: 'nicholas fiorillo' <metrowestrealtv(a)vahoo.com>
Cc: Sears, Tim <tsears(a�yarmouth.ma.us>; Inkley, Brad <binkley@yarmouth.ma.us>;
Waterfront Rentals <info@waterfr.com>; Whritenour, Robert
<RWhritenour a(�yarmouth.ma.us>
Subject: RE: 4 Glenwood
Mr. Fiorillo,
It has come to my attention that there is quite a bit of confusion regarding the status of
permit# BLD-19-005721.
The contractor was dismissed from responsibility by you on July 19, 2021. The permit is
in limbo until you identify a contractor to assume responsibility to finalize the project. You
do not meet the code requirements to assume responsibility for the project.
There has not been final Plumbing/Gas , Electrical or Building inspections nor has a
Certificate of Occupancy been issued.
I will be reaching out to Town Counsel in the next few days for guidance on next steps for
this department to address the code violations that are being ignored.
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:info@waterfr.com]
Sent: Friday, July 23, 2021 2:55 PM
To: Grylls, Mark <mgrylls c(Dyarmouth.ma.us>
Subject: RE: 4 Glenwood
19
Hello,
Sorry to be a pest, but I am just wondering if anything was done today in regard to 4
Glenwood St.
Thank you,
Julie Jason
Waterfront Rentals, Inc.
411 B Route 28
West Yarmouth, Ma. 02673
508-778-1818
508-771-3563 fax
www.waterfr.com
From: Grylls, Mark <mgrylls@yarmouth.ma.us>
Sent: Thursday, July 22, 2021 2:37 PM
To: Waterfront Rentals <infoa,waterfr.com>; Sears, Tim <tsears(ciyarmouth.ma.us>
Cc: DiBenedetto, Mark <MDiBenedetto(a�varmouth.ma.us>; Elliott, Ken
<KElliott(a�yarmouth.ma.us>; Murphy, Bruce <BMurphyc varmouth.ma.us>; Hook, Kevin
<KHook o(�varmouth.ma.us>; Inkley, Brad <binkley cCD.yarmouth.ma.us>
Subject: RE: 4 Glenwood
Hi,
The application for the illegally installed heating system has been applied for and issued.
The results of the Plumbing & Gas Inspectors visit are that the system has failed
inspection as a result of incorrect venting materials being used to exhaust the fixture. The
safety of the unit is unclear. This code violation will need to be corrected. In addition to
this, the inspector noted that there is a black discharge bubbling up from the raised septic
system.
I have copied the Health Director Bruce Murphy to make him aware of the apparent
septic issues.
20
The wiring permit for the unit was issued today. I am not aware of the inspection status.
The owner has released the original contractor for the project. The original building permit
is in limbo at this time. I am not aware of a contractor assuming responsibility for the
building permit. The building inspections are not complete and the Occupancy Permit has
not been issued to date. Any occupancy is a violation of section R111.1 of the MA State
Building Code.
Mark
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES I BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:info c( waterfr.com]
Sent: Thursday, July 22, 2021 1:04 PM
To: Grylls, Mark <mgrvllsyarmouth.ma.us>; Sears, Tim <tsears(a�yarmouth.ma.us>
Subject: RE: 4 Glenwood
Hello,
Could you please give us an update on the status of 4 Glenwood St.?
We are not getting an update from the owner.
Thank you,
Julie Jason
Waterfront Rentals, Inc.
411B Route 28
West Yarmouth, Ma.02673
508-778-1818
21
508-771-3563 fax
www.waterfr.com
From: Grylls, Mark <mgryllsyarmouth.ma.us>
Sent: Thursday, July 15, 2021 4:25 PM
To: Waterfront Rentals <info@waterfr.com>; Sears, Tim <tsearsCa)yarmouth.ma.us>
Subject: RE: 4 Glenwood
Failure to vacate the property will result in fines up to $1 ,000 per day.
There is not likely any chance that this will be resolved tomorrow. It is the end of the day
and the contractor informed this office that they would be visiting the site tomorrow to
make sure it is ready for inspection. The furnace does not have a permit for the gas and
electrical connections yet either.
We are just trying to keep Yarmouth vacationers safe.
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508) 398-2231 x 1260
From: Waterfront Rentals [mailto:info@waterfr.com]
Sent: Thursday, July 15, 2021 4:20 PM
To: Grylls, Mark <mgrylls@yarmouth.ma.us>; Sears, Tim <tsearsyarmouth.ma.us>
Subject: RE: 4 Glenwood
Is there any possibility of this being resolved tomorrow?
I certainly appreciate how busy you guys are and know that none of this is the fault of
anyone at the town. I'm just trying to keep Yarmouth vacationers happy.
Thank you,
22
Julie Jason
Waterfront Rentals,Inc.
411E Route 28
West Yarmouth,Ma.02673
508-778-1818
508-771-3563 fax
www.waterfr.com
From:Grylls,Mark<mgrylls(cilvarmouth.ma.us>
Sent:Thursday,July 15,2021 4:07 PM
To:Waterfront Rentals<infoawaterfr.corn>;Sears,Tim<tsearsl7a.varmouth.ma.us>
Subject:RE:4 Glenwood
When all permit applications are received and permits issued,the contractor will call for
their inspections.
Requested inspections typically happen within a day or two.
MARK GRYLLS
DIRECTOR OF INSPECTIONAL SERVICES I BUILDING COMMISSIONER
TOWN OF YARMOUTH
(508)398-2231 x 1260
From:Waterfront Rentals[mailto:info@waterfr.com]
Sent:Thursday,July 15,2021 4:05 PM
To:Sears,Tim<tsearsavarmouth.ma.us>
Cc:Grylls,Mark<mgrvllsvarmouth.ma.us>
Subject:RE:4 Glenwood
23
Thank you for getting back to me.Do you know how quickly the inspections will happen?
Thank you,
Julie Jason
Waterfront Rentals,Inc.
411E Route 28
West Yarmouth,Ma.02673
508-778-1818
508-771-3563 fax
www.waterfr.com
From:Sears,Tim<tsearst7a varmouth.ma.us>
Sent:Thursday,July 15,2021 3:51 PM
To:Waterfront Rentals<info(o)waterfr.corn>
Cc:Grylls,Mark<mgrvlls(tyarmouth.ma.us>
Subject:RE:4 Glenwood
The process is underway at this time.I believe the contractor will be going to the site
tomorrow to confirm that the work is ready for inspection.
Please be aware that the property is to be vacated by the end of today.we will be
checking on the status of that tomorrow.
Regards,
Timothy Sears CBO
24
Building Inspector
Town of Yarmouth
508-398-2231 Ext. 1259
mailto:tsears(c�yarmouth.ma.us
From: Waterfront Rentals [mailto:infoc waterfr.com1
Sent: Thursday, July 15, 2021 12:15 PM
To: Sears, Tim <tsears@yarmouth.ma.us>
Subject: 4 Glenwood
Attention' This email originates outside of the organization. Do not open
attachments or click links unless you are sure this email is from a known sender
and you know the content is safe. Call the sender to verify if unsure. Otherwise
delete this email.
Hi Tim,
I know you have been dealing with the owner of Glenwood St, Nick, and realize you are
very busy, but I am checking in with you to see if the permits have been pulled and the
inspections are scheduled for 4 Glenwood St.
I appreciate your time.
Thank you,
Julie Jason
Waterfront Rentals, Inc.
411B Route 28
West Yarmouth, Ma. 02673
508-778-1818
25
508-771-3563 fax
www.waterfr.com
26