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HomeMy WebLinkAboutemail 08/02/21 Grylls, Mark From: Grylls,Mark Sent: Monday,August 2,2021 3:23 PM To: 'nicholas Fiorillo';Sears,Tim;Inkley,Brad;Whritenour,Robert;Waterfront Rentals Cc: Murphy,Bruce;Elliott,Ken Subject: RE:4 Glenwood FIASCO NOT FUNNY ANYMORE Attachments: Xerox Scan_08022021091734.PDF;Xerox Scan_08022021093910.PDF 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 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#BID-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. 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 2 3 r Ste, 560 'Z 2 5-4 . � 0/0� rye /d' c,-• , �'��!�r_i D cv Gv,P Ooze-Pr 1 -C n °'cl�_� 5C vii253 Z 5 A "7-- L 9• Z. - ,e_47 g Dr jz-v(r/T S 9 Is_ _ �6Lf++�-► Nam—_ N � Co aLt P°' /Glf , t, ,`7''Z-. /v"S f (a xv - 1- dur/ /' Zp.z / po,- -c1 af7 - -- �'r - - _ - r - - ..., 10,- ...6 - ---, ' • - • .,.. t' '-‘ _ - --. - 1-----1:;- r-I'''‹A\' ' • ' IN - -- • - ..- -% _ - •-, -, . ' %•' .--, .'" •-- r . _ . - , _ -.,..„ -„ =v.- '4\ t::'t-'7"-",,\'.-,. -:--,‘,,t-- ,,'•S., - ,. '.. • ,._ ---., - -',- -' - S .. T-..... . • x i - -,-"`-'`• -. '•'- ':-.0..-Alt • . . ---, . ,.. - - -. -- _ i ' '-'' -, . . _ ,,.,C'' -•-• , _ ..• • ...._,,.,..', - •..... ..... --, '.---- — _ •-•-. - •-.. ' -... .•• . -.. s --- 7. - ,......_ , -..,... .• _ ,-••••,` ,r-k 1- -7'3 I _ . ,..7....,...,...z. N f_ - .........__-. -- __''-- -0 ---- '•- - ,..„. - . t..*a-. . ...„._, .....- . 1_ . . - _ -.'"' -- ';- %,' - Grylls, Mark From: nicholas fiorillo <metrowestrealty@yahoo.com> Sent: Friday, July 30, 2021 6:50 PM To: Grylls, Mark; Sears, Tim; Inkley, Brad; Whritenour, Robert; Waterfront Rentals Subject: Fwd:4 Glenwood FIASCO NOT FUNNY ANYMORE cr6, - K�1 drr V'41' Gentlemen, rb 1 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 prevent me from timely re-doing or re- completing yet more work or new items that just keeps getting added on . p I P/c_ ( P)O�) 9D KZ-- L) 1..7 �? 147 �_-JU/-1 7f� 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 days, we have not done yet. v/6LA-71a/i-, I) i' / 6) $6-if 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 4 //1 Enough ! n J2— 6,4 ft, %- c GAO t€" r7' /ff'v fJ 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 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 2 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 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. 3 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. 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. 4 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 <mgrylls@yarmouth.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 MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 5 From: Waterfront Rentals [mailto:info@waterfr.com] Sent: Friday, July 30, 2021 11:37 AM To: Grylls, Mark <mgrylls@yarmouth.ma.us>; 'nicholas fiorillo' <metrowestrealty@yahoo.com> Cc: Sears, Tim <tsears@yarmouth.ma.us>; Inkley, Brad <binkley@yarmouth.ma.us>; Whritenour, Robert <RWhritenour@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 <mgrylls(a�yarmouth.ma.us> Sent: Friday, July 30, 2021 11:24 AM To: Waterfront Rentals <info(a waterfr.com>; 'nicholas fiorillo' <metrowestrealtyyahoo.com> Cc: Sears, Tim <tsears(a varmouth.ma.us>; Inkley, Brad <binkleyyarmouth.ma.us>; Whritenour, Robert <RWhritenour(a�yarmouth.ma.us> Subject: RE: 4 Glenwood Without conducting final inspections, I can't be sure. 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 6 From: Waterfront Rentals [mailto:info anwaterfr.com] Sent: Friday, July 30, 2021 11:21 AM To: Grylls, Mark <mgrylls(cr7yarmouth.ma.us>; 'nicholas fiorillo' <metrowestrealtye.yahoo.com> Cc: Sears, Tim <tsears(a�yarmouth.ma.us>; Inkley, Brad <binklevvarmouth.ma.us>; Whritenour, Robert <RWhritenourt7a 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 From: Grylls, Mark <mgryllsyarmouth.ma.us> Sent: Friday, July 30, 2021 9:07 AM To: Waterfront Rentals <infowaterfr.com>; 'nicholas fiorillo' <metrowestrealtyyahoo.com> Cc: Sears, Tim <tsearsyarmouth.ma.us>; Inkley, Brad <binklev( ,yarmouth.ma.us>; Whritenour, Robert <RWhritenourAyarmouth.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 ! BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Waterfront Rentals [mailto:info(c�waterfr.com] Sent: Friday, July 30, 2021 9:00 AM To: Grylls, Mark <mgrvIlsCa�varmouth.ma.us>; 'nicholas fiorillo' <metrowestrealtv yahoo.com> Cc: Sears, Tim <tsears(c�yarmouth.ma.us>; Inkley, Brad <binklevc varmouth.ma.us>; Whritenour, Robert <RWhritenour@yarmouth.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? Thank you for your time. Julie Jason Bib Jason Waterfront Rentals, Inc. 508-778-1818 www.waterfr.com 411B Route 28 8 West Yarmouth, MA. 02673 Original message From: "Grylls, Mark" <mgrylls(cr�yarmouth.ma.us> Date: 7/29/21 1:44 PM (GMT-05:00) To: Waterfront Rentals <info@waterfr.com>, 'nicholas fiorillo' <metrowestrealty@yahoo.com> Cc: "Sears, Tim" <tsears@yarmouth.ma.us>, "Inkley, Brad" <binkley@yarmouth.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 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 29, 2021 12:56 PM To: Grylls, Mark <mgrylls(a�yarmouth.ma.us>; 'nicholas fiorillo' <metrowestrealtyyahoo.com> Cc: Sears, Tim <tsears yarmouth.ma.us>; Inkley, Brad <binkley(a�varmouth.ma.us>; Whritenour, Robert <RWhritenour(Dyarmouth.ma.us> Subject: RE: 4 Glenwood 9 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 From:Grylls,Mark<mgrylls@yarmouth.ma.us> Sent:Monday,July 26,2021 3:14 PM To:'nicholas fiorillo'<metrowestrealtvavahoo.corn> Cc:Sears,Tim<tsearsavarmouth.ma.us>;Inkley,Brad<binklevCa?varmouth.ma.us>;Waterfront Rentals <info@waterfr.com>;Whritenour,Robert<RWhritenour(d).varmouth.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. 10 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(c�waterfr.comj Sent: Friday, July 23, 2021 2:55 PM To: Grylls, Mark <mgrvllsavarmouth.ma.us> Subject: RE: 4 Glenwood 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. 411B Route 28 West Yarmouth, Ma. 02673 508-778-1818 508-771-3563 fax www.waterfr.com From: Grylls, Mark <mgryllsRyarmouth.ma.us> Sent: Thursday, July 22, 2021 2:37 PM To: Waterfront Rentals <info a.waterfr.com>; Sears, Tim <tsearsyarmouth.ma.us> Cc: DiBenedetto, Mark <MDiBenedettoRyarmouth.ma.us>; Elliott, Ken <KElliotU yarmouth.ma.us>; Murphy, Bruce <BMurphy(c�varmouth.ma.us>; Hook, Kevin <KHookc varmouth.ma.us>; Inkley, Brad <binkleyRyarmouth.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. 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/ BUILDING COMMISSIONER 12 TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Waterfront Rentals [mailto:infoc waterfr.com] Sent: Thursday, July 22, 2021 1:04 PM To: Grylls, Mark <mgrylls@yarmouth.ma.us>; Sears, Tim <tsears@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. 411 B Route 28 West Yarmouth, Ma. 02673 508-778-1818 508-771-3563 fax www.waterfr.com From: Grylls, Mark <mgrvlls c(Dyarmouth.ma.us> Sent: Thursday, July 15, 2021 4:25 PM To: Waterfront Rentals <infowaterfr.com>; Sears, Tim <tsears(a�varmouth.ma.us> Subject: RE: 4 Glenwood Failure to vacate the property will result in fines up to $1,000 per day. 13 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 1 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 <mgrvIls(a�yarmouth.ma.us>; Sears, Tim <tsears anyarmouth.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, Julie Jason Waterfront Rentals, Inc. 411B Route 28 West Yarmouth, Ma. 02673 508-778-1818 508-771-3563 fax www.waterfr.com 14 From: Grylls, Mark <mgrylls(c yarmouth.ma.us> Sent: Thursday, July 15, 2021 4:07 PM To: Waterfront Rentals <info@waterfr.com>; Sears, Tim <tsearstc'Dyarmouth.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 / BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Waterfront Rentals [mailto:info c(r7waterfr.com] Sent: Thursday, July 15, 2021 4:05 PM To: Sears, Tim <tsears a(�yarmouth.ma.us> Cc: Grylls, Mark <mgryllsyarmouth.ma.us> Subject: RE: 4 Glenwood Thank you for getting back to me. Do you know how quickly the inspections will happen? Thank you, Julie Jason Waterfront Rentals, Inc. 411B Route 28 West Yarmouth, Ma. 02673 508-778-1818 508-771-3563 fax www.waterfr.com 15 From: Sears, Tim <tsears(cr�yarmouth.ma.us> Sent: Thursday, July 15, 2021 3:51 PM To:Waterfront Rentals <info(a�waterfr.com> Cc: Grylls, Mark <mgrylls@yarmouth.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 Building Inspector Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears(a.varmouth.ma.us From: Waterfront Rentals [mailto:info(a�waterfr.com] Sent: Thursday, July 15, 2021 12:15 PM To: Sears, Tim <tsears(c�varmouth.ma.us> Subject: 4 Glenwood 16 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 508-771-3563 fax www.waterfr.com 17 TOWN OF YARMOUTH 1146 28, South 'a.riouth, MA 02664 i 8-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner PERMIT DENIAL Adam Dizdari 131 Washington St Foxboro, MA 02035 April 16, 2019 RE: 4 Glenwood St—permit application for addition & alterations Dear Mr. Dizdari, This letter is in regard to a building permit application for an addition & alterations. We have reviewed the information you provided with your application. The property is located in a FEMA designated flood zone(VE Elevation 13). The 9th Edition of the Massachusetts Building code requires the building official review the application and determine if it is a Substantial Improvement; R105.3.1.1 Determination of Substantially Improved or Substantially Damaged Existing Buildings in Flood Hazard Areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by section 322.1.1, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre- damaged condition. If the building official finds that the value of proposed work equals or exceeds 50%of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of section R322. For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its pre-damaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following: 1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions. 2. Any alteration of a historic building or structure,provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following: 2.1. Listed or preliminarily determined to be eligible for listing in the contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 2.2. Designated as historic under a state or local historic preservation program that is approved by the U.S. National Register of Historic Places. 2.3. Determined by the Secretary of the US. Department of the Interior as Department of the Interior. R105.3.1.1.1 Determination of Substantial Repair of a Foundation. R104.10.1 Flood Hazard Areas. The building official shall not grant modifications to any provision related to flood hazard areas as established by 780 CMR without the granting of a variance by the Building Code Appeals Board. We have reviewed your application and have determined that it is a substantial improvement.The work you propose in this application is valued at$120,000, and the town has the value of the structure listed as $192,900. The plans you have submitted do not comply with Section 322 of the 9th Edition of the Massachusetts State Building Code. I regret to inform you that your application has been denied for this reason. You may appeal this decision to the Board of Building Regulations & Standards within 45 days of receiving this letter. Questions regarding this matter may be directed to this department. Very truly, Tim Sears CBO Local Inspector Town of Yarmouth C/homeowner 8/2/2021 Record Details BLD-19-005721 - 4 Glenwood Street (Alteration) Help File Date: 04/12/2019 Application Status: Issued Description of Work: Alteration:Install deck 3 season porch,adding 5 slider doors,2 windows,remove wall,add LVL,demo interoir and rebuild.Add 2nd floor bathroorriJAIng and re roof as Imr plans date Application Detail: Detail Application Type: 1 5 2 Family Dwelling Address: 4 GLENWOOD ST,WEST YARMOUTH,MA 02673 Owner Name: Nick Fiorillo Owner Address: 171 Phillips Ave,Swampscott,MA 01709 Application Name: 4 Glenwood Street(Alteration) Parcel No: 020 20 Contact Info: Name Organization Name Contact Type Relationship Address Contact Primary Address St: ADAM DIZDARI PIZDARSON CONST,. Applicant 47 CHAPEL ST#1... Ac Licensed Professionals Info: Primary License Number License Type Name Business Name Business License# Yes 173475 Home Improvemen... ADAM DIZDARI DIZDARSON CONST... CS-088714 Construction Su... ADAM T DIZDARI ADAM T DIZDARI Job Value: $120,000.00 Total Fee Assessed: LI,2480000 Total Fee Invoiced: 511,248.00 Balance: $0.00 No recordist updated by expression. Custom Fields: TYPE OF IMPROVEMENT Addition Alteration Demolition Moving New Building Repair,Replacement Other Other Type of Improvement Description WORKERS COMPENSATION INSURANCE Workers Compensation Insurance Insurance Company Name Workers Comp Policy Number I have Workers Comp Insurance American 0 gub1k9596119 USE GROUP AND CONSTRUCTION TYP Construction Type Use Classification V B R-3 ESTIMATED CONSTRUCTION Building Electrical Plumbing 120000 Mechanical Fire ADDITIONAL INFORMATION Total Job Cost Number of Buildings Housing Units 120000 Public Owned Debris Disposal BUILDING CHARACTERISTICS Principle Type of Frame Other Frame Description Principle Type of Heating Wood Other Type of Heating Description Type of Sewage Disposal Other Type of Sewage Disposal Des Ty- pe of Water Supply Other Type of Water Supply Description Number of Smoke Dectectors Number of Fireplaces Number of Wood Stoves Number of Other Accessory Heat S. O-ther Accessory Heat Source Description Number of Bedrooms Number of Full Bathrooms N-umber of Partial Bathrooms ENERGY CONSERVATION Insulated Glass Double Glass Storm Doors Insulated Weatherstripped Percentage of Window Area to Wall STRUCTURAL CHARACTERISTICS Footing Size Footing Reinforcing Wall Material Wall Thickness Wall Height Wall Reinforcing https://yarmouth-prod-ay.accela.com/portlets/web/en-us/#/spacev360/bid 19005721 1/3 8/2/2021 Record Details Pier or Column Size Pier or Column Spacing Number of Crawl Space Vents F-ull Crawl Space Partial Crawl Space Main Carrying Members Size Support Spacing ZONING INFORMATION Zoning District Historic District Historic District Description R-25 Year Built Historic Building Endangered Species F-lood Plain Zone Zone Description Water Resource Protection District Yes VE Supplier 100 ft Wetland Buffer Within 100 feet of Wetlands 1 W-etland Description Total Land Area COASTAL BEACH 25000 BUILDING SETBACKS Corner Lot Front yard required 30 Front yard provided Side yard required 15 Side yard provided Rear yard required R-ear yard provided Distance Between Principal and Se. 20 _ Number of Enclosed Off-street Parking Spaces N-umber of On-site Off-street Parking Spaces ELEVATIONS Height of Ridge Above Finish Grade-North Height of Ridge Above Finish Grade-South Height of Ridge Above Finish Gradr Height of Ridge Above Finish Grade-West GROUND COVER Principal Dwelling Secondary Dwelling Addition G-arage Accessory Building Swimming Pool O-ther Total Allowable CERTIFICATE OF OCCUPANCY INFO No. Code Edition Occupancy Load per Floor Z-one Special Conditions CO Issue Date O-il Burner,Fire Det.Fire Dept Plumbing Gas Septic System,Well,Health Dept Wiring Street,Utilities,Public Works Building Wetlands,Flood Plain,Conservation Comm HABITABLE SQUARE FOOTAGE Floor Length(Number) Width(Number) Square Footage(Number) INHABITABLE SQUARE FOOTAGE Type Floor Length(Number) Width(Number) Square Footage(Number) INSULATION Area Type Thickness(Number) R-Value(Number) FRAMING Area Joist Size Maximum Span Maximum Spacing INSPECTION RESULTS Inspection ID Inspection Type Inspection Result Inspection Date Result Comment Inspector Record ID Record Type 25545186 Rough Frame Not Ready 8/1/2019 Sears,Tim BLD-19-005721 1&2 Family Dwelling 25545185 Footings&Forms Passed 8/1/2019 Deck and Iv'footings ok Sears,Tim BLD-19-005721 1&2 Family Dwelling 32018109 Progress Check Not Ready 1/29/2021 Met onsite to discuss... Sears,Tim BLD-19-005721 1&2 Family Dwelling 32023883 Frame Partial 3/30/2021 Main beam system both...Inkley,Brad BLD-19-005721 1&2 Family Dwelling 32023883 Frame Improvement Required 3/30/2021 Main beam system both...Inkley,Brad BLD-19-005721 1&2 Family Dwelling 32029456 Foundation Improvement Required 5/27/2021 Inkley,Brad BLD-19-005721 1&2 Family Dwelling 32029456 Foundation Passed 5/27/2021 Foundation ok Inkley,Brad BLD-19-005721 1&2 Family Dwelling SITE IMPACT REPORT https://yarmouth-prod-ay.accela.com/portlets/web/en-us/#/spacev360/bld 19005721 2/3 8/2/2021 Record Details Type Features Present Ordinances Zoning Zoning:25—Maximum Building Coy... undefined Wetlands Wetland Code:8—IT Val:DEP-WCP... Please contact the Conservation Office 508-398-2231 x 1288... Wind Borne Debris Zone Town:Yarmouth Your parcel is in a Wind Borne Debris Zone FEMA Information Zone:STUDY1—SFHA TF:T—Sour... FEMA Zone Estimated Habitats of Rare W., ID:13th Ed.Heritage Atlas-Effe... Please Review Massachusetts Endangered Species Information:... Priority Habitats of Rare Sp... ID:PH 15--Version:13th Ed.Her... Please Review Massachusetts Endangered Species Information:... Workflow Status: Task Assigned To Status Status Date Action By Application Acceptance Linda Cipro Accepted-P... 04/12/2019 Rosa Fallon Issuance Linda Cipro Issued 07/01/2019 Rosa Fallon Inspection Tim Sears Certificate of Occupancy Linda Cipro Plan Distribution Linda Cipro Routed for R... 04/12/2019 Rosa Fallon Historic Review Linda Cipro Planning Review Linda Cipro Conservation Review Linda Cipro Water/Sewer Review Linda Cipro Fire Review Linda Cipro DPW/Engineering Review Linda Cipro Health Review Building Review Tim Sears Approved 06/20/2019 Tim Sears Plans Coordination Linda Cipro Ready to Issue 06/20/2019 Tim Sears Close Out Linda Cipro Condition Status: Name Short Comments Status Apply Date Severity Action By Application Comments: View ID Comment Date Initiated by Product: AV360 Scheduled/Pending Inspections: Inspection Type Scheduled Date Inspector Status Comments Resulted Inspections: Inspection Type Inspection Date Inspector Status Comments Foundation 05/27/2021 Brad Inkley Passed Foundation ok Frame 03/30/2021 Brad Inkley Improvement Req... Main beam system both Ivl full sup... Press Check 01/29/2021 Tim Sears Not Ready Met onsite to discuss areas that n... Footings&Forms 08/02/2019 Tim Sears Passed Deck and Ivl footings ok Baugh Frame 08/02/2019 Tim Sears Not Ready https://yarmouth-prod-ay.accela.com/portlets/web/en-us/#/spacev36O/b1d19OO5721 3/3 TOWN=OF YARMOUTH 1146 Route 28, South Yarmouth MA 02664 508-398-2231 :. 1261 Fax_508-398-0836 Office of the Building Commissioner Adam Dizdar 131 Washington St. Foxboro, MA 02305 October 22, 2020 RE: 4 Glenwood St.West Yarmouth—permit BLD-19-005721 Mr. Dizdar, The Building Department issued a permit for renovations at this address with you listed as the licensed Construction Supervisor. This permit is currently still open,with no framing inspection done to date.It has come to our attention that this project has been completed without the required inspections being performed. This is a violation of section RI 10.6 of the Massachusetts State Building Code; RI10.6 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with 780 CMR.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. It is the responsibility of the permit holder to request the required inspections under section R110.5; RI10.5 Inspection Requests.It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by 780 CMR. The building official may require the permit holder or his or her representative or the licensed construction supervisor to attend these inspections. It has also come to our attention that this dwelling is being occupied without a valid certificate of occupancy; RI11.1 Use and Occupancy. "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building commissioner, or inspector of buildings, or when applicable, the state inspector, has issued a certificate of occupancy therefore as provide herein. " Failure to comply with the MA State Building code 780 CMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. You are hereby directed to contact this department within 14 days to arrange the required inspections.Failure to do so will result in fines and/or a complaint filed with the state licensing board. Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth C:Nick Fiorillo,Kevin Hook Housing Inspector TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-1980836 Office of the Building Comm issioner Nick Fiorillo Ocean Vacations LLC 171 Philips Ave Swampscott,MA 01907 January 22, 2021 RE: 4 Glenwood St. West Yarmouth —permit BLD-19-005721 Mr. Fiorillo, The Building Department issued a permit for renovations at this address. This permit is currently still open,with no framing inspection done to date.It has come to our attention that this project has been completed without the required inspections being performed. This is a violation of section R110.6 of the Massachusetts State Building Code; R110.6 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with 780 CMR.Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. It has also come to our attention that this dwelling is being occupied without a valid certificate of occupancy; R111.1 Use and Occupancy. "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building commissioner, or inspector of buildings, or when applicable, the state inspector, has issued a certificate of occupancy therefore as provide herein. " A Cease and Desist order has been placed on this property due to the lack of a valid certificate of occupancy.Anyone occupying this structure is subject to fines as allowed by MGL 143 section 91. Failure to comply with the MA State Building code 780 CMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. To remedy this violation make arrangements to have the proper inspections for a certificate of occupancy.You are required to respond within 7 days of this letter. You may appeal this letter to the Building Code Appeals Board in accordance with M.G.L. c. 143 §100,within 45 days ofthis letter. Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth C:Kevin Hook Housing Inspector,Fire Dept.