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HomeMy WebLinkAboutcease & desist 11/09/17 BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER,MA 01609 508-799-9739 GARY S.BRACKETT FAx 508-799-9799 gsbrackett@brackettlucas.com VIA EMAIL AND FIRST CLASS MAIL November 9, 2017 Tim Sears CBO Local Inspector Town of Yarmouth 1146 Route 28 South Yarmouth,MA 02664 RE: Cease and Desist Order 32 New Hampshire Avenue 1 Railway Bluffs Dear Mr. Sears: Pursuant to my email to you of Monday, November 6, 2017, I am writing to confirm that I represent the owners of the two properties referenced above. I advised you that I would accept the two letters on behalf of my clients. Pursuant to MGL c. 143, §100, I will be filing appeals with the State Building Code Appeals Board from your two cease and desist orders. While the statute allows forty-five (45) days for such appeals, I expect to file them early next week. I will make service upon you pursuant to the provisions of 780 CMR. I request that you take no further action pursuant to your orders at this time. As you know, we are currently engaged in having final inspections performed for the outstanding permits on the two properties that you sent to me last Thursday. If you have any questions in the interim, please give me a call or send me an email. Thank you for your cooperation. Very ly yours, G S rackett GSB/dsh cc: Mark Grylls, Building Commissioner(via email) CERTIFIED MAIL° RECEIPT m Domestic Mail Only For delivery information,visit our website at www.usps.com®. OFFICIAL USE IS' Postage • Certified Fee Postmark Return Receipt Fee Here O (Endorsement Required) C7 Restricted Delivery Fee (Endorsement Required) f1J 1-9 Total Po N Sent To r9 Ocean Realty Partners LLC o POB0 411 b Route 28 City,Stat4 West Yarmouth, MA 02673 structions TOWN F YA MOUTII 28, South Yarmouth, MA f Office of the Buildin9 Commissioner CEASE and DESIST Ocean Realty Partners LLC 411B Route 28 West Yarmouth, MA 02673 November 6, 2017 RE: 1 Railway Bluffs—Occupancy permit To whom it may concern, The Building Department has been in contact with you numerous times about the open permits for this property. To date we have not been called to do inspections related to the open permits for this property.The dwelling has continued to be occupied during this time which is a violation of the 8th Edition of the Massachusetts State Building Code; R109.1.6 Final Inspection.Final inspection shall be made after the permitted work is complete and prior to occupancy. Failure to comply with the MA State Building code 780CMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. You are hereby directed to Cease and Desist occupancy of any dwelling located on this property until all permits related to this property are finalized. 1 You may appeal this decision to the Building Code Appeals Board per section R112.1 &M.G.L. c. 143 § 100 Questions regarding this matter may be directed to this department Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth 'i'OWN OF YAR.MOu TH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner VIOLATION NOTICE Ocean Realty Partners LLC 41lb Route 28 West Yarmouth,MA 02673 August 30, 2017 RE: 1 Railway Bluffs—permits—BLD-17-004104, 13LD-I 7-003863, BLD-17-003637, Stop Work Order To whom it may concern, c1, A stop work order was issued on May 24, 2017. We received a change of contractor request on June 28, 2017 fo`BLD-17- 003637.We have not received any requests for the other two open permits at this time.Any work that was done after May 24, 2017 that was listed on those revoked permits was done without a valid permit. This is a violation of Section R105.1 of the Massachusetts State Building code. R105.1 Required.It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit. To this date we have not completed inspections for the work that was permitted.It appears the building is being occupied at this time without the required inspections. This is a violation of Section R109.1.6 of the Massachusetts State Building code. R109.1.6 Final Inspection.Final inspection shall be made after the permitted work is complete and prior to occupancy. Failure to comply with the MA State Building code 780CMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. Section 91. Whoever violates any of the provisions of sections one to ninety, inclusive, shall, unless another penalty is prescribed, be punished by a fine of not less than one hundred nor more than one thousand dollars. To remedy this violation make proper application for the required building permits, and receive building permits for these violations. Fines will be assessed for the work done without permits. Questions in this matter can be directed to this department Very Truly Tim Sears CBO Local Inspector Town of Yarmouth C:Board of Health TOWN OFYA '1- U 1146 Route 28, South Yarmouth, MA 2 508-398-2231 ext. 1261 Fax508-398-0836 Office of the Buildina Commissioner CEASE and Ocean Realty Partners LLC 411B Route 28 West Yarmouth, MA 02673 November 6, 2017 RE: 1 Railway Bluffs—Occupancy permit To whom it may concern, The Building Department has been in contact with you numerous times about the open permits for this property. To date we have not been called to do inspections related to the open permits for this property.The dwelling has continued to be occupied during this time which is a violation of the 8th Edition of the Massachusetts State Building Code; R109.1.6 Final Inspection.Final inspection shall be made after the permitted work is complete and prior to occupancy. Failure to comply with the MA State Building code 780CMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. You are hereby directed to Cease and Desist occupancy of any dwelling located on this property until all permits related to this property are finalized. You may appeal this decision to the Building Code Appeals Board per section R112.1 &M.G.L. c. 143 § 100 Questions regarding this matter maybe directed to this department Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth 414.0)1\5 lafil drat 1 < GIs Clark,Sandi From: Gary S.Brackett,Esquire<gsbrackett@brackettlucas.com> Sent: Tuesday,November 7,2017 4:53 PM To: Grylls,Mark;'Gary S.Brackett;Sears,Tim Cc: Inkley,Brad;Hall,Lee;Elliott,Ken;Cipro,Linda;Fallon,Rosa;Clark,Sandi;Brandolini,Jim Subject: Re: 32 New Hampshire Avenue and Railway Bluffs Mark,thanks for that update. Gary Gary S.Brackett,Esquire Brackett&Lucas 19 Cedar Street Worcester,MA 01609 (t)508-799-9739 (f)508-799-9799 GSBrackett@BrackettLucas.com This message is intended only for designated recipient(s).It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections.If you are not a designated recipient,you may not review,copy or distribute this message.If you receive this in error,please notify the sender by reply email and delete this email.Thank you. Original Message From:Grylls,Mark[mailto:mgrylls@yarmouth.ma.us] Sent:Tuesday,November 7,2017 11:38 AM To:"Gary S.Brackett",'Sears,Tim' Cc:'Inkley,Brad','Hall,Lee','Elliott,Ken','Cipro,Linda','Fallon,Rosa','Clark,Sandi', 'Brandolini,Jim' Subject:RE:32 New Hampshire Avenue and Railway Bluffs Hi Gary, I have seen the electrician. MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Gary S.Brackett[mailto:gsbrackett@brackettlucas.com] Sent:Tuesday,November 7,2017 11:33 AM To:Sears,Tim<tsears@yarmouth.ma.us>;Grylls,Mark<mgrylls@yarmouth.ma.us> Cc:Inkley,Brad<binkley@yarmouth.ma.us>;Hall,Lee<lhall@yarmouth.ma.us>;Elliott,Ken <KElliott@yarmouth.ma.us>;Cipro,Linda<Lcipro@yarmouth.ma.us>;Fallon,Rosa<rfallon@yarmouth.ma.us>;Clark, Sandi<SClark@yarmouth.ma.us>;Brandolini,Jim<JBrandolini@yarmouth.ma.us> Subject:RE:32 New Hampshire Avenue and Railway Bluffs Mark, • I heard back from my client late last evening. He has asked the electrician, plumber and general contractor to contact your respective inspectors to arrange dates/times for the necessary final inspections. I have asked my client to contact me later this afternoon to advise me of his progress in this effort and I will send a further email to you as soon as I have that information. Regards, Gary Gary S. Brackett, Esquire BRACKETT& LUCAS 19 Cedar Street Worcester, MA 01609 (Tel)508-799-9739;(Fax) 508-799-9799 This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attomey-client privilege or other confidentiality protections. If you are not a designated recipient,you may not review,copy or distribute this message. If you received this in error,please notify the sender by reply email and delete this message. From: Sears, Tim [mailto:tsears©ayarmouth.ma.us] Sent: Monday, November 06, 2017 4:22 PM To: Grylls, Mark; 'Gary S. Brackett' Cc: Inkley, Brad; Hall, Lee; Elliott, Ken; Cipro, Linda; Fallon, Rosa; Clark, Sandi; Brandolini, Jim Subject: RE: 32 New Hampshire Avenue Gary, I have attached 2 letters pertaining to New Hampshire Ave, and Railway Bluffs. Please advise if either of the mailing addresses are incorrect. We are getting all mail to Railway Bluffs returned, but it is the address listed with the Assessors here. Timothy Sears CBO Building Inspector Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsearsPyarmouth.ma.us 2