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Home My WebLink About3rd Violation Notice 5/21/18 TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner 3rd NOTICE OF ZONING VIOLATION May 21, 2018 Bitsoli Deborah A. TRS C/O Delpidio Louis TRS 275 Tremont St. Boston, MA 02116 RE: 32 New Hampshire Ave. Yarmouth Dear Mr. Lupidio, This letter constitutes the third official notice of zoning violation regarding the use of this property for large scale commercial purposes. This property is in the R-25 residential zoning district. There has been no relief granted from the Board of Appeals to use the property for commercial purposes. Most recently, a complaint was received by the Health Dept. by a member of the public and forwarded to the Building Dept. on May 18, 2018. In the complaint, the person claimed that 250- 300 people were in attendance at a party. The complainant alleged that from May 15, 2018 to May 17, 2018 a large group of people occupied the structure. The police were called on the night of May 17, 2018 to disperse the crowd. The police indicated to the complainant that a crowd of about 75 were asked to leave to property. The majority of the vehicles in the roadway appeared to be from out of state. Based upon the foregoing, the continued use of this property for commercial purposes is apparent. Previously,the owner of the property enlisted counsel to petition to annul and reverse the previous notices of violation dated June 14, 2017& August 23, 2017 with Petition#4714,November 17, 2017 regarding an illegal motel use. The Zoning Board of Appeals upheld the determination of this department that the use was commercial in nature. An appeal of the Zoning Board of Appeals decision was filed in Barnstable Superior Court but was dismissed because it was untimely. Accordingly, the Board of Appeals' decision regarding Petition#4714 stands and commercial uses are prohibited. The various complaints in the past which have been confirmed by Mr. Nick Fiorillo, indicate that large groups of people have attended wedding receptions, birthday parties, retirement parties, etc. I have based this determination using the 2017 North American Industry Classification System which is produced by the United States Census Bureau. This use, #72119 Other Traveler Accommodation fits neatly in the Town of Yarmouth Zoning Bylaw as an A-7 or Motel use. As stated in the two previous notices of violation as well as determined by the Zoning Board of Appeals, commercial uses are not allowed by right in a residential zoning district. You have previously been ordered to abate and correct all violations and discontinue all illegal uses of the property but continue to disregard all notices from this office. If the illegal use continues, the town will be left with no other recourse than to seek injunctive relief in Superior Court to achieve compliance. As the Court has already validated my prior orders,there is no administrative appeal of this letter. This is, therefore, the final notice of violation before court proceedings are initiated. I sincerely hope that such measures are not necessary. Very truly yours, Mark Grylls Director of Inspectional Services/Building Commissioner\ Town of Yarmouth C; Town Counsel Board of Appeals Bruce Murphy—Health Director file •Vision Government Solutions Page 1 of 3 32 NEW HAMPSHIRE AVE Location 32 NEW HAMPSHIRE AVE Mblu 16/ 58/// Acct# 345 Owner BITSOLI DEBORAH A TRS Assessment $1,521,900 PID 345 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2017 $563,800 $958,100 $1,521,900 Owner of Record Owner BITSOLI DEBORAH A TRS Sale Price $975,000 C/O DELPIDIO LOUIS TRS Certificate Care Of Book&Page 29105/299 Address 275 TREMONT ST Sale Date 08/31/2015 BOSTON , MA 02116 Instrument Qualified Q Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date BITSOLI DEBORAH A TRS $975,000 29105/299 08/31/2015 j STIGMATINE FATHERS INC $0 1627/145 04/04/1972 STIGMATINE FATHERS INC $0 Building Information Building 1 : Section 1 Year Built: 1910 Building Photo Living Area: 5,234 Replacement Cost: $749,494 Building Percent 73 Good: Replacement Cost Less Depreciation: $547,100 Building Attributes Field Description Style III Conventional Model Residential http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=345 5/21/2018 Vision Government Solutions Page 2 of 3 Grade: Excellent Stories: 2 Stories Occupancy 1 Exterior Wall 1 Vinyl Siding Exterior Wall 2 Roof Structure: Gable/Hip Roof Cover Asph/F Gls/Cmp Interior Wall 1 Cust Wd Panel Interior Wall 2 Drywall/Sheet Interior Fir 1 Pine/Soft Wood (http://images.vgsi.com/photos2/YarmouthMAPhotos/A00\03 Interior Fir 2 Ceram Clay Til \20/58.jpg) Heat Fuel Gas Building Layout Heat Type: Hot Water NBM[315i ., -,, AC Type: Central 9 Total Bedrooms: 8 Bedrooms Ear FAT 4 Total Bthrms: 7 il2 9 FUS Total Half Baths: MEM BAS 29 .._ Total Xtra Fixtrs: ITAT ,1 FUSS v� 1. Total Rooms: 28 20 Bath Style: Average Kitchen Style: Modern 1---- I Building Sub-Areas(sq ft) Legend r Code Description Gross Living Area Area BAS First Floor 2,814 2,814 FUS Upper Story,Finished 2,110 2,110 FAT ,Attic,Finished 1,550 310 CTH Cathedral Cing 0 0 FOP Porch,Open,Finished 50 0 PTO Patio 200 0 UAT Attic,Unfinished 560 0 UBM Basement,Unfinished 315 0 WDK Deck,Wood 196 0 I 7,795 5,234 Extra Features Extra Features Leaend Code Description Size I Value Bldg# FPL3 2 STORY CHIM 2 UNITS' $4,100 1 OOS OPEN OUT SHOWER 1 UNITS $0 1 EOS End Outs Shwr 1 UNITS $0 1 http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=345 5/21/2018 - Vision Government Solutions Page 3 of 3 Land Land Use Land Line Valuation Use Code 1012 Size(Acres) 0.33 Description OCEAN FRONT Frontage 0 Zone Depth 0 Neighborhood 0080 Assessed Value $958,100 Alt Land Appr No Category Outbuildings Outbuildings Legend Code Description Sub Code Sub Description Size Value Bldg# GAZ GAZEBO 192 S.F. $6,900' 1 WDK1 FREESTDNGDECK 168 S.F., $1,200 1 HTUB HOT TUB 1 UNITS( $4,500 1 Valuation History Assessment Valuation Year Improvements Land Total 2018 $563,800, $958,100 $1,521,900 2017 $462,200 $958,100 $1,420,300 2016 $426,600 $958,100 $1,384,700 (c)2016 Vision Government Solutions,Inc.All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?Pid=345 5/21/2018 Sears, Tim From: Sent: Friday, June 02, 2017 2:09 PM To: Sears, Tim Subject: Unlawful Use at 32 New Hampshire Ave. Mr. Sears, we spoke earlier about this situation and I've gotten some more information. First of all, the property address is 32 New Hampshire, and it is clearly being rented out for commercial use. Here is a link removing it, and there is an event scheduled for this weekend: https://www.vrbo.com/836962 Click on the Overview" tab and you will the booking dates. This is outrageous, such a Brazen violation of the Town regulations. I am not at home right now,but hopefully you can follow up on this information. As I said, they are currently loading in tables and chairs from a party supply company. Is there any way to put a stop to this before the weekend? Please feel free to call me on my cell phone if you need to. Again, I am not at home so don't have time to pull down the form and fill it out but hopefully this will enable you to follow up. Thank you. Sent From My Samsung Galaxy S5 Sent via the Samsung GALAXY SS 5,an AT&T 4G LTE smartphone Original message From: Date: 6/2/17 1:37 PM (GMT-05:00) To: T _ Subject: Englewood Beach here is the info and link https://www.vrbo.com/836962 Cake on the Ocean" Last Minute Getaway Deals Week/Weekends June ! (17 Reviews) i ' #Zeviews,RntesCalendarlcc;ationMailagtr._Infi>[_'h0tos • 51 to a om El k � ♦f i '1441_y M °'lam .� :. . ,w .erg �,, y-a - " _y `"� 0,, - _ -:`.-At-; . t -, !.-.. .�, :; st Z �µ" :'+ r am. ,4 1t,,, ... ,<. >-:;�. ,.ate y.r. p ,a % sue.., on • 2