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HomeMy WebLinkAbouttrial Superior Court 12/21/17 • 16/ 1/ / / 16/ 39/ / / NESTOR CHERINE M TRS MORLOCK RAYMOND T THE 49 SHORE RD RLTY TRUST MORLOCK GAIL R 6 AUBURN RD 9 GINN RD WELLESLEY,MA 02181 WINCHESTER,MA 01890 16/ 2/ / / 16/ 40/ / / FITZHUGH MICHAEL A DONOHOE PETER P TRS 46 POWELL ST DONOHOE PHILOMENA TRS BROOKLINE,MA 02446 427 WASHINGTON ST CANTON,MA 02021 16/ 3/ / / 16/ 55/ / I TOWN OF YARMOUTH TOWN OF YARMOUTH CONSERVATION COMMISSION PARK DEPT 1146 ROUTE 28 1146 ROUTE 28 SOUTH YARMOUTH,MA 02664-4463 SOUTH YARMOUTH,MA 02664-4463 16/ 28/ / / 16/ 58/ / I HARBEY CARMELLA C BITSOLI DEBORAH A TRS LILLIAN C BROWNE OCEAN BEACH HOUSE TRUST 187 CHAPIN TER 5 MYRNA RD SPRINGFIELD,MA 01104-1834 FRAMINGHAM,MA 01701 16/ 34/ / / TOWN OF YARMOUTH Please use this signature to certify this list of properties 1146 ROUTE 28 SOUTH YARMOUTH,MA 02664 abutting within 300'of the parcel located at: 32 New Hampshire Ave.,West Yarmouth,MA 02673 16/ 35/ / / Assessors Map 16,Lot 58 TOWN OF YARMOUTH A�f.L .?/4/7,.f CONSERVATION Andy likachado,Director of Assessing 1146 ROUTE 28 SOUTH YARMOUTH,MA 02664-4463 16/ 37/ Cl/ / CIAVARRA ROBERTA CIAVARRACHRISTINEM 23 NEW HAMPSHIRE AVE UNIT 1 WEST YARMOUTH,MA 02673 16/ 37/ C2/ / MORRISON JAMES G 258 EAST ST EAST BRIDGEWATER,MA 02333 16/ 37/ C99/ 2/ BEACHSIDE CONDOMINIUM 23 MANCHESTER AVE YARMOUTH PORT,MA 02675 16/ 38/ / / ROBBINS•MARA MARY MARA THOMAS JR 21 NEW HAMPSHIRE AVE WEST YARMOUTH,MA 02673 t 32 NEW HAMPSHIRE AVE Location 32 NEW HAMPSHIRE AVE Mbtu 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 OCEAN BEACH HOUSE TRUST Certificate Care Of Book & Page 29105/ 299 Address 5 MYRNA RD Sale Date 08/31/2015 FRAMINGHAM, MA 01701 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 STIGMATINE FATHERS INC $0 1627/ 145 04/04/1972 STIGMATINE FATHERS INC $0 Building Information Building 1 : Section 1 Year Built: 1910 Living Area: 5,234 Replacement Cost: $749,494 Building Percent 73 Good: Replacement Cost Less Depreciation: $547,100 Building Attributes Field Description Style `, Conventional Building Photo Model Residential Grade: Excellent Stories: 2 Stories Occupancy 1 Exterior Wall 1 Vinyl Siding ?< Exterior Wall 2 Roof Structure: Gable/Hip v f Roof Cover Asph/F GIs/Cmp Interior Wall 1 Cust Wd Panel Interior Wall 2 Drywall/Sheet Interior Fir 1 Pine/Soft Wood (http://images.vgsi.com/photos2/YarmouthMAPhotos//\00\03\20 Interior Fir 2 Ceram Clay Til Building Layout Heat Fuel Gas151 Heat Type: Hot Water -S AC Type: Central all FAt 4' Total Bedrooms: 8 Bedrooms g: F Total Bthrms: 7 I Total Half Baths: M Total Xtra Flxtrs: Total Rooms: 22 Bath Style: Average Kitchen Style: Modern Building Sub-Areas (sq ft) Legend 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 7,795 5,234 • Extra Features Extra Features Legend Code Description Size Value Bldg # 2 STORY CHIM 2 UNITS $4,100 1 00S OPEN OUT SHOWER 1 UNITS $0 1 EOS End Outs Shwr 1 UNITS $0 1 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 (.egencc Code Description Sub Code Sub Description Size Value Bldg # GAZ GAZEBO 192 S.F. $6,900 1 WDK1 FREESTDNGDECK 168 S.F. $1,200 l 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. » +w 0 18 AVENUE BERRY powN1 - �C IM �`�s�e fit. b ' IIitI Fr)'! o.�', Ham' • f5 �i�,.t I I <d„I r I ,, M II���I1, pip, u'.' %' i,jiil7!il 4,' p_ rr 60&4/ '404' 2 '5441111 -- 4 1 t te;.1-)A 4%,"j a),,-. "4 0� 4�b "'''�4� y Y J Clark, Sandi From: vonHone, Amy Sent: Monday, November 6, 2017 3:35 PM To: Clark, Sandi Subject RE: Board of Appeals Agenda 11-09-17 PETITION #4714: DeborahA. Bitsoli,, Trustees, 32 New Hampshire Avenue, West Yarmouth The Health Department file indicates an existing 1992 Title 5 septic system with a design capacity of 13 Bedrooms (9 Bedrooms in the Main House, 4 Bedrooms in the Guest House). The property, in past years, had been used as a single family dwelling and guest house occupied by members of the owner organization (Stigmatine Fathers. Inc.) Since 2015 under new ownership, the property has been used as an unregistered rental property with complaints of overcrowding. During our last site visit (July, 2017), there were 15 Bedrooms (13 Bedrooms in the Main House, 2 Bedrooms in the Guest House) being rented which is over capacity based on the existing septic system. The Health Department has requested the current owner reduce the total number of bedrooms to 13 maximum, and to register the property as a legal rental property under the Health Department Rental Bylaw and Building Code. Additionally, violations related to the MA Housing Code such as use of uninhabitable space being used as sleeping quarters, must be brought into compliance prior to issuance of an Occupancy Certificate. To date, the property is currently out of compliance. Full review of the proposed project, including submittal of an accurate floor plan and re-inspections by the Health Department, will be required prior to final approval. Thank you, Amy Amy L. von Hone, R.S., C.H.C. Assistant Health Director Yarmouth Health Department From: Clark, Sandi Sent: Friday, November 03, 2017 4:15 PM To: Armstrong, James; Barnstable Planning; Brandolini, Jim; Cheryl Wheeler; Cipro, Linda; Dan Fortier (dfortier©town.dennis.ma.us); Elliott, Ken; Grant, Kelly; Greene, Karen; Heaslip, Brian; IT Director; Kieran Healy; Lawson, Carl; Grylis, Mark; Mills, Dan; Murphy, Bruce; Raiskio, Eric; Renaud, Philip; Richard Neitz (neitz,re©verizon.net); Sawyer, Jon; Sean Igoe; Sears, Tim; Steven DeYoung; Thomas Roche ; vonHone, Amy; Waygan, Mary; Williams, Kathleen; Wrock, Douglas Subject: Board of Appeals Agenda 1.1-09-17 1 /1—/--/ RECEIVED VIA E-MAIL Clark,Sandi From: Martin T.Reilly<mreillyassociates@gmail.com> Sent: Tuesday,November 7,2017 4:15 PM To: Clark,Sandi Cc: timara@capecod.net Subject: Letter In Opposition To Reversal Of Building Inspector Regarding Use Of Property At 32 New Hampshire Avenue,West Yarmouth To: Yarmouth Zoning Board Of Appeals From: Martin T Reilly Neighbor 24 Hedge Row West Yarmouth Subject: Opposition To Reversal Of Decision of Yarmouth Building Inspector Regarding Use Of Property-32 New Hampshire Avenue West Yarmouth Opposition To Use Of The Property As Regular Wedding Reception Location And Motel Related Business Dear Mr Chairman and Members of The Yarmouth Board Of Appeals, As a resident of West Yarmouth and a Neighbor of the Englewood Beach Area-I am writing you to oppose the use of the property at 32 New Hampshire Avenue for regular use as a Wedding Reception Location or Motel. I believe that allowing the utilization of this property for any commercial related use other than it's present residential use-In this residential neighborhood would be totally inconsistent with the residential character of this neighborhood and substantially more detrimental to this residential neighborhood. The New Hampshire Avenue and surrounding Englewood Beach Area is already severely overcrowded with congestion from cars,walkers,bicyclists,boats,boat trailers,commercial fisherman,recreational boaters using the adjacent public boat ramp and Town Sailing Facility, Beachgoers,and Tourists- and a lack of adequate parking on narrow roadways- which already endangers the public safety of all in this heavily utilized congested residential neighborhood. Allowing regular Weddings and a Motel Related Commercial use at 32 New Hampshire Avenue would only exacerbate the existing traffic,parking,boat storage and public safety related issues and problems on these narrow heavily congested roads for everyone living in this neighborhood and other residents and visitors utilizing the water recreational . amenities provided by Town of Yarmouth for the use of neighborhood residents,tourists and visitors and their enjoyment at the Beach and Boat Ramps found in this location. As a result-I respectfully request that the property continue to be zoned and used only for residential purposes consistent with other residential properties located on New Hampshire Avenue. 1 . ham supportive of the Board of Appeals voting to eliminate any fines and penalties that have been imposed on the owners of the property at this location for any previous use which resulted in the violation and fines imposed on them by the Town of Yarmouth Building Inspector with the stipulation that they agree not to use the property for these purposes again in the future. Thank you for your consideration in this matter. Sincerely, Martin T. Reilly 24 Hedge Row West Yarmouth, Ma 02673 Sent from my iPad • From: Date:6/2/17 1:37 PM(GMT-05:00} / 10. (;,er l�d „ea- ..e4GCj Subject:Englewood Beach here is the info and link https://www.vrbo.com/836962 Cake on the Ocean" Last Minute Getaway Deals Week/Weekends May- June! (17 Reviews) 1 S ima. ix .. ,., nr.. ,ii, 5 ,, mom1 ., ,. ..-,-i . .- T' vi )tip.li., S'0 "44,•,: `t4 ` i � 1• . 1'-• ,.. . sW WM • ' T l; • 1°1a .r. qk41 i. �. 1 r,,'ej at.9 r• t°"• l l,F f: i. t y Fri atf. '.y1 l {. iillpipii pf, r .�r pl�,'�' Isle'` y + k y` i ,�a� c�►R .t�'tc�.�H �.r _-I 1,#+.1' . t .r. • Al^f- 1�'at1�;4 �y, . +•. il"- r►. . �riS� �1 Y�Ik� +' tom :, ' a.re-,' � ;; ..,.' C {+yM'''i,j yhF�y _}1:-•>r k_ r e. :�,.: I' ee<i i. r�!. wfi k" i 44 Ck , � 7! ',, t :i.. ,. 1 t . {4�ya{ rr.. k tE,� t r . :1 F; Y � il. �� �.�'f•!w"�1 ♦�' `1,t,,.:. � .t4�_. < ^ � - - � `„ 't f. E ,i� � '�Ck�+ 1 - r '��•,, ; t��K1.1'�� �y'�. i > :+�s}'V��rt�'d.;�. �f�,,.+ `ram ' . ',+ ,$1 u ':, ?'.�„�, •^ * 'c.,.. .. % �ase-nw.e.nr v' "y .410, ; i► r. • . .ye.µ 1t' iota "Tifii?.47111'.** 11;4 le".fl 0- .„Alir„ . Ivi.:,1 i 1 Ira',Iki k IV 1'""'i,- " _14- cliiit' , f1/4-.‘ it,: i .. . . ...,..2 . . i'l y 1,p ▪ Minimum stay:7 nights • Sleeps:40 • • Bedrooms:12 •t Bathrooms:10 • •Property type:Estate . • Internet:Yes • . Pets considered:Ask Manager • Wheel chairaccessible:N/A About the Property __ _ ___ HAVE YOUR CAKE AND EAT IT TOO! RIGHT ON THE BEACH One of a Kind Adventure Beach Front Estate on Lewis Bay 2017 booking up FAST!! Not Many Weeks Left Monday-Friday-5/1-5/5-4 nights Friday-Tuesday-5/12-5/1 6-4nights Monday-Saturday-6/5-6/10-5 nights Call Julie Now to discuss these last few dates! 8 bed room all with amazing ocean views . Guest House wl 2 bed 2 bath plus Loft may be available for additional fee 8 bath with many VIP ensuite w water views Many other private sleeping areas throughout home on plush sofa and day beds Main home sleeps 27+ in beds with ease and privacy for all with more in sofa beds Guest House sleeps additional guests Please refer to group rates for your party size and price. Please click this link for many more pictures and aerial video https://www.weddingwire.corn/biz/cake-on-the-ocean-west-yarmouth/c806c6843 fdfcacd.html 3 • s • • More details • Send email Manager htctnbcr since:2016 Speaks: English Response time: Within 24 hours Response Rate:90% Calendar last updated: 05/09/2017 • Property Type • Estate • 6000 sq.ft. House Rules • Max.occupancy 40 • Events Allowed • Minimum Age Limit For Renters: 25 years of a,;e•we Andy eVt/L•'r'toin Y'Olrr{Lr.'r guest n•tl/r parental eonionr grad a Ifiix,nat.Feehrlgy de;to,;it$,..more • Children Welcome: item Children's-heads nn Lewis 8av is 36 yards away with/trn;;le,�nvrn nn.l.cu'in>;.c, lee cream witch hos hem stopping the"e.f,r?/t sways..dn'el..onte• jettics and,v.'ks.f>r t irlc to eapiatr.and adare:•tnt bcgtcft neat eo homr.cecnts to be?tarp for adults or sun hnthem with uihrtac'tG'n'views of hay. hpwnni,c harbor and°pot etw ,'!..more • Non Smoking Only Accommodation Type 5 Timothy Sears CB() Building Inspector Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@varmouth.ma.us From:Gary S. Brackett(mailto:gsbrackett@brackettlucas.com] Sent:Thursday, November 2;2017 2:24 PM` To:Grylls, Mark<mgrylls@varmouth.rna.us>;Sears,Tim<tsears@yarrnouth.ma.us> Cc:inkley, Brad<binkley@yarmouth.ma.us>;Elliott, Ken<KElliott@yarmouth.ma.us>;Hall, Lee <lhall@yarmouth.ma.us>;Cipro, Linda<Lcipro@yarmouth.ma.us> Subject: RE:32 New Hampshire Avenue Mark,Tim, Thank you for providing me with the list of outstanding building permits for which you need final inspections on the two properties. Please advise as to when Tim and/or your other inspectors would like to gain access for these final inspections and I will coordinate with my client to make sure that your personnel will have access as soon as possible to the two properties. Mark, and Tim,I request that you not proceed with any action to revoke Occupancy Permits at this time for the two properties. I recommend that,once the final inspections are done,if there are any further punchlist items my clients need to address, we can evaluate those at that time and arrange for any final work. I am willing to work with you to arrange for these final inspections with your personnel as soon as possible and before next Thursday?s hearing before the ZBA so that, if necessary, we can provide the board members with an up-to-date status report on that aspect of this matter and these issues will not be outstanding. I am available to discuss these issues with you by phone at your earliest convenience. I expect to be in the office all day tomorrow(11/3)and Monday(11/6). Thank you both for your courtesy and cooperation in this matter. 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 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 received this in error,please notify the sender by reply email and delete this message. 5 From:Grylls,Mark fmailto:mgrylls@yarmouth.ma.u5] Sent:Thursday,November 02,2017 1:35 PM To:Sears,Tim;'Gary S.Brackett' Cc:Inkley,Brad;Elliott,Ken;Hall,Lee;Cipro,Linda Subject:RE:32 New Hampshire Avenue Hi Tim, It would seem based on your response and the number of permits and the types of work that perhaps it is time to begin the process of revoking the Occupancy Permit for both properties. Wiring,Plumbing and building permits appear to be for larger sized projects that could pose life safety concerns. Please advise if I am off base. Thank you, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Sears,Tim Sent:Thursday,November 2,2017 9:13 AM To:Grylls,Mark<mgrvlls@varmouth.ma.us>;'Gary S.Brackett'<gsbrackett@brackettlucas.com> Cc:Inkley,Brad<binklev@varmouth.ma.us>;Elliott,Ken<KElliott@yarmouth.ma.us>;Hall,Lee <Ihall@varmouth.ma.us>;Cipro,Linda<Lcipro@yarmouth.ma.us> Subject:RE:32 New Hampshire Avenue We have multiple permits still open for this address; BLD-16-005360?replace 10 windows?no inspections(this permit is still under Glen Whites name and will need a new contractor to renew this permit) BLD-16-005555 7 construct 12x20 deck install sliders 7 no final inspection (this permit is still under Glen Whites name and will need a new contractor to renew permit) BLD-17-006840?contractor change for remodel of guest house no final Inspection BLDP-16-006190?plumbing renovation no final inspection BLDP-16-006189?plumbing renovation no inspections BLDG-16-006191-UV room heater no final Inspection BLDE-16-004042-electrical repairs no final inspection BLDE-16-006927-rewire guest house no final inspection BLDE-17-006927-service upgrade no final inspection BLDE-17-006445-wiring for new AC system no inspections We also have multiple permits open for 1 Railway Bluffs; BLD-17-006838?contractor change for remodel no final inspection BLD-17-003863?expand existing deck no frame or final inspection (this permit is still under Glen Whites name and will need a new contractor to renew this permit) 6 BLD-17-004104 ? roof deck no final inspection (this permit is still under Glen Whites name and will need a new contractor to renew this permit) BLDP-17-004549- plumbing renovation no final inspection BLDE-17-004213- electrical renovation no final inspection Timothy Sears CBO Building Inspector Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@yarmouth.ma,us • From: Grylls, Mark Sent: Monday, October 23, 2017 9:11 AM To: 'Gary S. Brackett' <gsbrackett@brackettlucas.com> • Cc: Sears, Tim <tsearsyarmouth.ma.us>; Inkley, Brad <binkley@yarmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us>; Hall, Lee <lhall@yarmouth.rna.us>; Cipro, Linda <Lcipro@yarmouth.ma.us> Subject: RE: 32 New Hampshire Avenue Hi Gary, Are you only going to be looking for inspections at 32 New Hampshire Ave? I am not sure of the status of the original permit and if another contractor has taken responsibility for it. I will confirm all with my Local Inspector Tim Sears next week when he gets back from vacation. Talk soon, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Gary S. Brackett jmailto:gsbrackett@brackettlucas.com] Sent: Friday, October 20, 2017 11:10 AM To: Grylls, Mark <mgrylls@yarmouth.ma.us> • Subject: 32 New Hampshire Avenue Mark, 7 Thank you for the chance to meet and discuss the issues related to the 32 New Hampshire Avenue property. I am working with the trustee and Nick Fiorillo to address all the outstanding issues and get them resolved with you hopefully before the ZBA hearing. Mr. Fiorillo has advised me that the work under the open permits at this property has been completed and is ready for inspection. Please contact me to make arrangements for what we hope will be final inspections and signoffs on this work. Thank you for your cooperation. Regards, Gary Gary S. Brackett, Esquire BRACKET'&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 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 received this in error,please notify the sender by reply email and delete this message. • • Clark,Sandi From: Grylls,Mark Sent: -,.Monday,November6,2017 8;30 AM To: 'Gary S.Brackett,Esquire' Cc: Sears,Tim;Inkley,Brad;Hall,Lee;Elliott,Ken;Cipro,Linda;Fallon,Rosa;Clark,Sandi; Brandolini,Jim Subject: RE: 32 New Hampshire Avenue Hi Attorney Brackett, I am in a meeting from 10-12 today. I will be available early In the afternoon. The inspection process has to start immediately and the building is to be vacated.The Certificates of Occupancy have been essentially revoked.Tim is drafting the written letters today. Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Gary S.Brackett,Esquire[mailto:gsbrackett@brackettlucas.com] Sent:Friday,November 3,2017 3:15 PM To:Grylls,Mark<mgrylls@yarmouth.ma.us>;'gsbrackett@brackettlucas.com'<gsbrackett@brackettlucas.com> Cc:Sears,Tim<tsears@yarmouth.ma.us>;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 Mark,I fowarded the list of outstanding permits which Tim Sears sent yesterday along to my client.I just spoke with him on the phone and he will be contacting his general contractor,electrician and plumber over the weekend and getting back to me either Sunday afternoon or Monday. I will plan to call you on Monday between 10-12 if that timeframe works for you. Thank you for your cooperation. Gary Gary S.Brackett,Esquire Brackett&Lucas 19 Cedar Street Worcester,MA 01609 (t)508-799-9739 (f)508-799-9799 GSBrackett(l 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:mgrvlls@varmouth.ma.usl • Sent: Friday, November 3,2017 11:39 AM To:'gsbrackett@brackettlucas.com' Cc:'Sears,Tim', 'Inkley, Brad', 'Hall, Lee', 'Elliott Ken', 'Cipro, Linda','Fallon Rosa', 'Clark, Sandi','Brandolini,Jim' Subject:FW:32 New Hampshire Avenue Attorney Brackett, We are a public safety entity.Your client is putting the public at risk by allowing them to occupy the structures without the required inspections. I have included all of the relevant sections of 780 CMR MA State Building Code.The obvious disregard for the whole process has me, as the Commissioner very concerned. Inspections are technically the applicants responsibility.The applicant had not been involved immediately following the start of work. If the applicant is no longer involved and another contractor has not assumed responsibility, then 1 would further state that your client bears all responsibility for any damages/injuries that could occur. The replacement contractor was and is required to be licensed.The property owner has been asked to have the new contractor take responsibility for the permits on several occasions. My requests have been ignored to date. I would also like the name and address of the contractor involved. Assuming he is licensed,he understands the regulations regarding permitting.Once identified, I will be filing a complaint with the BBRS against them. The amount of time that has passed for this to be resolved is beyond ridiculous and my patience has expired. An official notice will be forwarded via mail which is to notify your client that the Certificates of Occupancy are considered revoked by this department for both the Railway Bluff and the New Hampshire Ave. properties as allowed by 780 CMR: If you have any further questions or need clarification regarding any sections of 780 CMR,I will be available Monday morning to discuss. Very Truly, Mark Grylls 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved.Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of 780 CMR or of other laws or ordinances. inspections presuming to give authority to violate or cancel the provisions of 780 CMR or of other laws or ordinances shall not be valid. it shall be the duty of the permit applicant to cause the work to remain accessible and exposed for Inspection purposes and that all work shall be conducted, installed,protected and completed in a workmanlike and acceptable manner so as to secure the results intended by 780 CMR.Neither the building official nor the applicable enforcement authority shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.3 Required Inspections. The building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of 780 CMR which may include inspections set forth in sections 110.3.1 through 110.3.10(Also 110.4). The building official shall inform the applicant of the required points of 2 inspection at the time of permit issuance. The building official may designate specific inspection points in the course of construction that require the contractor or builder to give the building official one business day notice prior to the time when those inspections need to be performed. The building official shall make the inspections within two business days after notification. 110.3.1 Footing and Foundation Inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the fob, except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. 110.3.2 Concrete Slab and Under floor Inspection. Concrete slab and under floor inspections shall be made after in-slab or under floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest Floor Elevation. in flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in section 1612.5 shall be submitted to the building official. 110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath and Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. EXCEPTION: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Fire- and Smoke-resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy Efficiency Inspections. Inspections shall be made to determine compliance with 780 CMR13.00: Energy Efficiency and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U value, duct system R- value, and HVAC and water-heating equipment efficiency. 110.3.8 Other Inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of 780 CMR and other laws that are enforced by the building official. 110.3.9 Special inspections. For special inspections, see780 CMI? 17.00. 110.3.10 Final Inspection. The final inspection shall be made after all work required 3 • by the building permit is completed. 110.5 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 to attend these inspections. 110.6 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. 111.1 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, inspector of buildings, or when applicable, the state inspector, has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of 780 CMR or of other laws or ordinances. Conformance to all applicable specialized codes of M.G.L. c. 143,§96, and submittal of a certificate of compliance for Title V. if applicable in accordance with 310 CMR 15.00, are requirements of the issuance of the certificate of use and occupancy. 111.4 Revocation. The building official is authorized to,in writing,suspend or revoke a certificate of occupancy or completion issued under the provisions of 780 CMR wherever the certificate is issued in error,or on the basis of incorrect information supplied,or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of 780 CMR. MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Sears,Tim Sent:Thursday, November 2, 2017 2:53 PM To:'Gary S. Brackett'<gsbrackett@brackettlucas.com>;Grylls, Mark<mgrylls@varmouth.ma.us> Cc: Inkley, Brad<binklev@varmouth.ma.us>;Elliott, Ken<KElliott@varmouth.ma.us>; Hall, Lee <lhall@yarmouth.ma.us>; Cipro, Linda <Lcipro@varmouth.ma.us> Subject:RE:32 New Hampshire Avenue Gary, You need to have the plumber and electricians that pulled the permits contact those inspectors directly to set up inspections. In the mean time you will need a contractor to come in and take over the permits that were pulled by the former contractor, as we cannot do any inspections on those revoked permits. Thank you 4 -7--, -, '....4 i t...d ei i;.7.• 1.. v" \ 4, ) I tc.) ".... • ,....,,,,./ 'st fO oN ( C;( a -4 8 ', 02 Q ,,. ._ ,.. , Li ,.... ,.,, v : 010 ,H; to . i :,,,... •>'.•? , • , itif , / /• ,' : • Cci il 7, i.1 -I• (3 ,,,,,, •44. z i, Q Z k r,.• 'Z t.' , W u c . 4,••,.. o (1)q..) / ,‘"{ •-. (.' . , . -,,,,....., . t . , .4. , . i / , .., , , ..., .z,. . ,,, ,•,,N , /, . r / r . / r i th v • ,-6 e •' , . • 8o ao ,..„,5,...36 / '•... : "...1.et'''''• ..4. o',..i.. ,''.....;,,,,..„. , ' ' , ..," . ... S. , „ 4- ,,i, ". ..,-. -.., . ------ -:. -...,... _...---- --*----___-------- rz • • r T F TO.,iN OF YtiidiLUTri • k, 1 BOARD OF APPEALS I. err '' r No . { . 11,011 Augus 222 • t 21 , 1952 f� r' DECISIOzi This is an Appeal from decision of Selectmen refusing permit to : or' Petition for approval of: The Petitioner requested permit to. Convert a which was refused because contrary to the zoning by—laws , in that . . . . . . . . . . . . . . „ . . . . . . . . . . Members of Board of Appeals present : Present Absent twin W. Coombs • Harry M. Robinson John E . Harris Thomas Matthews Fred M. .Angus L It appearing that notice of said hearing has been given by sending notice thereof to the Petitioner and all those owners of property deemed by the Board to be affected thereby, and that . public notice of such hearing having been iven by publication in the Cape Cod Standard Times on. , . , . . . Tluttst , hearing opened the was o ened and held on the date first above written. The following appeared in favor of the Petition: • Appeal : • . t'111 ton Berry . . . . . . . • - 2 - The following appeared in opposition to the Petition: Appeal: • Henry G. Holbrook, by letter Reason for Decision: not detrimental to community Members of Board Voting. Elwin W. Coombs Harry M. Robinson Bohn :. Harris Thomas Mat thews Fred M. Angus Therefore, the Petition for Approval is granted, • Appeal denied, and we authorize a variance to. . R4Z a•. .4. .i3. rY.to .coriuert. .garage into dwelling on the following conditions, viz: • No permit issued until 15 days from date of decision. r.; Clerk Clark, Sandi From: Jay Talerman <jay@mtclawyers.com> Sent: Tuesday, February 20,2018 10:30 AM To: Clark,Sandi Cc: Grylls, Mark Subject: RE: Bitsoli Likely. I will let you know IN Jason R.Talerman,Esq. Mead,Talerman&Costa,LLC 730 Main Street••Suite 1F••Mills,Massachusetts ••02054 M Phone 774.993.5000 jayRmtclawyers.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. TkaAk befort you pri.► , From:Clark,Sandi [mailto:SClark@yarmouth.ma.us] Sent:Tuesday, February 20, 2018 10:28 AM To:Jay Talerman<jay@mtclawyers.com> Cc:Grylls, Mark<mgrylls@yarmouth.ma.us> Subject: RE: Bitsoli Hi Jay, Will official documents be forthcoming? -Sandi From:Jay Talerman[mailto:Iaylmtclawyers.com] Sent:Friday, February 16,2018 4:53 PM To:Grylls, Mark<mgrylls@yarmouth.ma.us>;Clark,Sandi<SClark@yarmouth.ma.us> Cc: Knapik, Daniel<dknapik@yarmouth.ma.us> Subject: Bitsoli FYI: Atty Brackett agreed to the dismissal of his clients appeal. Jason R. Talerman, Esq. Mead,Talerman&Costa, LLC 0: 508-376-8400 C: 508-446-2002 i Clark, Sandi From: Clark, Sandi Sent: Thursday, December 28, 2017 11:13 AM To: Steven S. DeYoung (ssd@carterdeyoung.com) Subject: Emailing -brackett and Iucas.PDF Attachments: brackett and Iucas.PDF Hi Steve, All Board members sitting on Petition#4714 were served via certified mail. It is my understanding that Town Counsels office was going to file a "Dismisal" since Attorney Brackett was outside the appeal period that expired on December 8, 2017. I checked with Town Clerk and if he receives the dismissal he will copy me. Hope that you had a wonderful Christmas. -Sandi 1 Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From:Sears,Tim Sent:Thursday, November 2,2017 9:13 AM To: Grylls, Mark<mgrylls@varmouth.ma.us>; 'Gary S. Brackett'<gsbrackettpbrackettlucas.com> Cc: inkley,Brad<binklev@yarmouth.ma.us>; Elliott, Ken<KElliott@varmouth.ma.us>; Hall, Lee <Ihall(a?yarmouth.ma.us>;Cipro, Linda<Lcipro@yarmouth.ma.us> Subject:RE:32 New Hampshire Avenue We have multiple permits still open for this address; BLD-16-005360?replace 10 windows?no inspections(this permit is still under Glen Whites name and will need a new contractor to renew this permit) BLD-16-005555?construct 12x20 deck install sliders ?no final inspection (this permit is still under Glen Whites name and will need a new contractor to renew permit) BLD-17-006840?contractor change for remodel of guest house no final inspection BLDP-16-006190?plumbing renovation no final inspection BLDP-16-006189 ?plumbing renovation no inspections BLDG-16-006191- UV room heater no final inspection BLDE-16-004042-electrical repairs no final inspection BLDE-16-006927-rewire guest house no final inspection BLDE-17-006927-service upgrade no final inspection BLDE-17-006445-wiring for new AC system no inspections We also have multiple permits open for 1 Railway Bluffs; BLD-17-006838?contractor change for remodel no final inspection BLD-17-003863 ?expand existing deck no frame or final inspection (this permit is still under Glen Whites name and will need a new contractor to renew this permit) BLD-17-004104? roof deck no final Inspection(this permit is still under Glen Whites name and will need a new contractor to renew this permit) BLDP-17-004549- plumbing renovation no final inspection BLDE-17-004213-electrical renovation no final Inspection Timothy Sears CB0 Building Inspector Town of Yarmouth 8 508-398-2231 Ext. 1259 mailto:tsears@varmouth.ma.us From:Grylls, Mark Sent: Monday,October 23, 2017 9:11 AM To:'Gary S. Brackett'<gsbrackett@brackettlucas.com> Cc:Sears,Tim <tsears@varmouth.ma.us>; Inkley, Brad<binkley@varmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us>; Hall, Lee<Ihall@varmouth,ma.us>;Cipro, Linda<Lcipro@varmouth.ma.us> Subject: RE:32 New Hampshire Avenue Hi Gary, Are you only going to be looking for inspections at 32 New Hampshire Ave? I am not sure of the status of the original permit and if another contractor has taken responsibility for it. I will confirm all with my Local Inspector Tim Sears next week when he gets back from vacation. Talk soon, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From:Gary S. Brackett Finailto:gsbrackett@brackettlucas.comi Sent: Friday,October 20,2017 11:10 AM To:Grylls,Mark<merylls@yarmouth.ma.us> Subject:32 New Hampshire Avenue Mark, Thank you for the chance to meet and discuss the issues related to the 32 New Hampshire Avenue property. I am working with the trustee and Nick Fiorillo to address all the outstanding issues and get them resolved with you hopefully before the ZBA hearing. Mr.Fiorillo has advised me that the work under the open permits at this property has been completed and is ready for inspection. Please contact me to make arrangements for what we hope will be final inspections and signoffs on this work. Thank you for your cooperation. Regards, 9 S Gary Gary S. Brackett, Esquire BRACKE7T& 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 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 received this in error,please notify the sender by reply email and delete this message. 10 • Lewis Bay Designer Beach House Page I of 4 BROWSE PROPERTIES CAKEHhOCEAN • YARMOUTH DESIGNER Book through VRE BEACH HOUSE or call the manager at 5 1818 r s 4 : i5 c� i f99' +1ilY'I'LTt1*3�•S•�'� exit "� 9u 'i{`{ i Y �� fi'' tt[ t i�' 1 a ( si lll,t'Ty` + .i U , t �- �'i iT.i r 4 1r r ii 1k,4 +{ii • liiE :', n1�11, i,,iSr,-I'i I1 Ii . ' t 5.` %ti ,l -c,, $I, flipt'I !=I , t'1. a: +1, l ra s1.1t §3 i, I it i n i i s II' ' ` i i f i>ili a i e *1 it i I S� t 4)i+ :'L�+* i".t * sF-5j1:. s"7sQw rilrl. ^`wsf 1a /Iy _:•Vi 2 J 1 iti.r*-�.3` Wn�,,.k ;tji 4.MI `34t t•< .'' s :� Yi 'i__kl •.._: y j ... i "w `r ,;,J„ '1M1 we''e'.a.�..w�. ;1ti4�Jii' 'lig ^ -- -X. A"14- •, --Ate*-- ••"'f1 ''srtt',�t+."",,'-. ` -,T;. ¢� .+r3.,_`. " `ram..-.....d" �.'���" � .. ,* _.: i ; , ¢tom.+.,_,.....--�•"r+"" ,�.�. ur,' M y i lis..,,7f. : + s ti : $I,rNCik"r" ,t9u, .�4.�N I: : r • H •. t� I •v 11 a _M T I 7-2.' 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Games Linens Provided 1 Ping Pang Table Parking 1 Satellite/Cable Television Stereo • Book through VRE or call the manager at 5 1818 Calendar Availability FALL IN LOVE WITH OLDS CAPE COD #836962 Nights Unavailable Available cheek-in Last Updated: 10/30/2017 November 2017 December 2017 January 2018 S MTWT F S SMTWIFS S M T W T F S 4 2 3 4 1 2 1 2 3 4 5 6 5 6 2 8 9 10 11 3 4 5 6 7 8 9 7 8 9 lb 11 12 13 10 11 12 13 14 15 4-6 12 13 14 15 16 17 18 18 19 20 4-7 18 19 20 21 22 23 14 15 16 17 19 20 21 22 23 24 25 24 25 26 27 28 29 34 21 22 23 24 25 26 27 26 27 28 29 30 3} 28 29 30 31 February 2018 March 2018 April'2018 S MTWT F S SMTWT F S SM TWT F S 1 2 3 4 3 3 4 2 3 4 .5 6 2 4 5 6 3 8 9 48 4 6 6 2 8 9 49 6 9 44 44 42 43 44 44 42. 43 44 45 46 44 44 42 43 44 45 46 42 45 46 44 48 49 24 24 48 49 29 24 23 23 34 48 49 34 24 22 23 24 22 23 24 26 26 24 43 23 36 2-7 28 45 26 23 28 24 39 34 49 34' May 2018 June 2018 July 2018 S MTWT F S SMTWT F S SM TWT F S 4 2 3 4 5 4 2 4 2 3 4 5 6 3 6 2 8 9 49 44 42 3 4 5 6 2 8 9 8 9 49 4-4 42 43 44 43 44 46 46 42 48 49 49 44 44 43 44 45 46 45 46 42 48 49 24 24 2-9 2-4 22 23 24 2-5 26 44 48 49 29 24 22 23 2-3 23 24 26 26 23 28 23 28 49 39 34 34 466 26 24 28 29 34 39 34 34 August 2018 September 2018 October 2018 http://cakeontheorean.com/Yarmouth.php 11/7/2017 Lewis Bay Designer Bea House Pag.4-of 4 • Vr�BO.c m# 3g96". !mtn ry n _ it —•t rt x m m r^�r R*r w�tf+I yy" �„ m�rr «m w�n�x�eMn+++N 1q,+.vo^ *+•..„, U v u !iiitl L J n x r;� r 4 x 1,7 .s ! 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(17 Reviews) I t %-`—' ;I. { `� . 4 r r I x : 1p. . 1.Y.✓• j ! .r �, i•r r.. arj.,-.• -1 I- Y,V art ; };�;T. t ,may ,.a I AY'�gr�p i� . _ f .iti, �r ir y$� �r ... ,i �, .r.1111 q a_ * • 1 x i r .) . S'`i r. a n �F�E a x �1Ii►#�1 a T It _ 'k It`�. •x. ,i• �. / ^.. •Y I- Y 7t �'It �xa.., '4 i i 1.1. `� - �. S, . ..-T..' � _ F•at��„�(� uu .1 • i'�a d•.e��i J=rb�.{i}y�., ��r �i19 i F'- •i i,•Jtoicq� wa Iv ...� ' .� •44t ai.=+ 1 •. •. we rI' a l•� ��Dr ',}.�.L:•}, y�x l' ••R w i1?y. y, j `s:r Y ..:1 �(,fV,.:F ,�ai�i ....,441L,t` 'FFFCrI'' t. Y`•j„�!` .o 1,°- _ .F� OI . ,-If• \ .44 J"'. �, •� c -y... .air. 7C;'j. + S' 1 Y:i>1:•,..._,...1 T� •;R, :is . 1k�Jl a, CIA yi''1`. kfl, .h +. ,�I 41 .. i ,!yY _ nc� .. K' 101,411,•. f s�,.. i • hy3 M1ra. ''r x 1,ki �1i ; :I' ..•..:. •� uri.-.r •1C• 'N' t.l! r ••••WWW RIZ ' . 1 1 o f YAi t "F- d. �1,1 •" as •, --4-1. —z .: w'7 .:ara 4t %C-1 }k, a ....s A .� i••. , q�kt,ri• 7, .w.5�'�1 . I . �� j �.i� ...{� yi, � �•z '. t,.k�<..-.��'-:{ .. 1.�C � L ,� �.rr��i/y.•'1�• �iqa : '.,1y��! ■ .. �,Ay i.7\ •.�I 'F;7i+W:�t �F1�' �Of 14 i:''1' -IF '. a 11L Y ya �L�1. :;5 ;,;1. ;' � eL�II'.';*4 Ci..' i;l4 � i'.zS.. ` .R; . +.. =yam. I . =°.i:P•:.44i1 ' t.' +� :i 4'ri a.l� , �•..ad •,,4,. Cr•I � - 9-` ..� Fira '," '' +; Minimum stay:7 nights 1 • Sleeps:40 • Bedrooms:12 •' Bathrooms:I4 • • •Property type:Estate • Internet:Yes • Pets considered:Ask Manager . • : Wheel'chair accessible:N/A ' ' About the Property .._.. ....... HAVE YOUR CAKE AND EAT IT TOO! RIGHT ON THE BEACH One of a Kind Adventure Beach Front Estate on Lewis Bay 2017 booking up FAST!! Not Many Weeks Left Monday-Friday-5/1-5/5-4 nights Friday-Tuesday-5/12-5/16-4ni ghts Monday-Saturday-6/5-6/10-5 nights Call Julie Now to discuss these last few dates! 8 bed room all with amazing ocean views Guest House wl 2 bed 2 bath plus Loft may be available for additional fee 8 bath with many VIP ensuite w"water views _ Many other private sleeping areas throughout home on plush sofa and day beds Main home sleeps 27+ in beds with ease and privacy for all with more in sofa beds Guest House sleeps additional guests Please refer to group rates for your party size and price. Please click this link for many more pictures and aerial video https://www.weddingwire,com/biz/cake-on-the-ocean-west-Yarmouthlc8 06c6843 fdfcacd.html 3 More details Send email Manager Manber since:2016 Speaks:English Response time:Within 24 hours Response Rate:90% Calendar last updated:05/09/2017 Property Type • Estate • 6000 sq.ft. House Rules • Max.occupancy 40 • Events Allowed • Minimum Age Limit For Renters: d 5)r ars of age me rne+i'entennin:monger pestn+i/h parental evrnae nt and a t lliiaml a''w ley deposit s..rnora • Children Welcome: Best Childr en's beach on Lewis Say is 30 yards away'this f:mgle grin and swings Ica ereant onset has been stopping them Mr IO years.Aw motne jetties and reeks for Lida so tnplare and orlfacenr heads nails to hew seem,to be rear far o ddts a r.enn bathers with slxnmcn/ar sign of hay. hyannis!arbor and open mean I..mare • Non Smoking Only Accommodation Type 5 • RECEIVED AT HEARING APPELLANT'S STATEMENT IN SUPPORT OF C,44.J44--- ADMINISTRATIVE APPEAL The Appellant, Deborah A. Bitsoli, Trustee, Ocean Beach House Trust ("Trust") presents this statement in support of its appeal from the Notice of Zoning Violation issued by Mark Grylls, CBO, Director of Inspectional Services—Building Commissioner, regarding 32 New Hampshire Avenue("Premises"). I. Current Use of Property Employing the definitions in Article V of the Yarmouth Zoning By-law, the current use of the property is as follows: Lot size: .33 acres Use Residential 202.5 Zoning District: Residential 25 Structures: Single-family dwelling Family related accessory apartments/accessory structure Allowed Uses: Single-family dwelling Two-family dwelling Please note Use Regulations By-law attached hereto as Exhibit"A" II. The Premises Do Not Constitute a "Wedding Reception Business" Mr. Grylls alleges that the Premises are being used as a "Wedding reception/motel business" in his Notice of Zoning Violation. He cites to a "copy of your advertisement for the web"in support of that conclusion. Attached as Exhibit "B" please find a copy of the actual web advertisement, which contains no reference to a "wedding reception" commercial operation. Rather, it presents the opportunity to rent a residential property with a unique waterfront Iocation and access to many and varied activities. III. The Premises Are Not Being Operated As A Motel But, Rather, As A Residential Property. Pursuant to Yarmouth General By-laws Chapter 108 "Occupancy of Buildings", the Trust filed, on July 11, 2017,a Certificate of Registration with the Board of Health in accordance with Section 108-2 "Certificate of Registration Required; Posting". A copy of the By-law and the 2017 Rental/Lease Registration are attached hereto as Exhibit "C". The issuance of the Certificate of Registration has been held pending the completion of work under several permits for electrical, plumbing and general contractor work at the Premises. Those final inspections are currently'being conducted and the Trust fully expects that final signoffs and punchlist work and completion of same will be accomplished forthwith. By its own terms, the Certificate of Registration does not apply to "Hotel/Motel, Inn, Lodging House or Bed and Breakfast operations". By virtue of the fact that the Board of Health has accepted the application and the issuance of same is pending the final inspections in question,this acknowledges and confirms the Trust's position that the Premises do not constitute a "motel" as that term is defined in the Zoning By-laws, a copy of which is attached hereto as Exhibit"D". IV. The Trust Respectfully Requests That the Zoning Board of Appeals Grant the Trustee's Appeal. As described above, Mr. Grylls' Notice of Zoning Violation is based upon errors of fact and an error of law in his interpretation and application of the Yarmouth Zoning By-law to the facts of this case. The Trust is not operating a Motel at the Premises. The Trust is not operating a"wedding function" business at the Premises. The Trust does rent and/or lease the Premises to families and groups for private purposes. The fact that a family, renting the Premises, would conduct a family wedding on this unique property, does not change the residential use into a commercial use than any more the use of one's own home to host a wedding or social event would affect or change the residential nature of one's home. For the reasons cited above, the Trust requests that you grant this appeal and annul and overturn the Notice of Zoning Violation. Respectfully submitted, J Aaleft- Gary . B ckett,Esquire Brackett&Lucas 19 Cedar Street, Worcester,MA 01609 (t)508-799-9799•(0 508-799-9799 a g g € F a a 'ga a a 8 1 a 8 g a b , 2 g@ 8 22 8 E • 2 . a E -; a 2 a 2 a s a s s 111111111111, N - laill Mill jg it aR, a 2 2 2 a a 2 a 2 .,;) ... Tr:R. 8 . EIiL 8 g 8 2 8 F 2 8 1,1111111:11111111 ill IHtiiiUi ! 2fl2 II 2 2 2 2 a 8 8 2 . lima E. n. E i g 2 2 2 8 2 2 2 8 x ' '48 � " m 8 ;, ' � 1:111 2 2 2 8 8 8 8 E .:I, 1�� T m Jm+ 1 a�` V. T E t _ ?. a {1 I IEEE= j m m a m < a a g g ¢ g a E. 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"T'Ximilrernars• •:-..-yir I.-' - . - i:-..•• .i s"A.-•^Me. 3.-*' `� "t�+..� -.. • - .•. •"?::::. pril _i .• ..ram- ~ --y_���. o" -- 4 . ig . !' rt. ti ''.i..`: r4..• -;2-.`,,, r+ -.r. .� .- •- - + .� '' '.-�. by.•- - .r-�•,+�rpr` „r'.; :: .r rrs • .., - —• •_ �- -�.� _ .. -a ' - i' •..r- ', Colson the Ocean l of 24 Li cesnionel: Mr- i'4 tri etc(rc%ie v Arrive 'Depart Guests(required) Request to Book Ask Manager a Question Sleeps 18 (3 https://www.vrbo.com/836962 11/9/2017 • FALL IN LOVE WITH OLDE CAPE COD -VRBO Page 3 of 20 Bedrooms 12 Bathrooms 10 • V 5 rr« S WiceAmenities 6,000 sq.ft. PmperIZOI 5_ .La• 1.as> : estate IvfinintrdgSray 2-7 nights • Photos • Rates C Alnil;rhilip Rennet this listing Overview Details (21 tip (l7 Estate Sleeps Bedrooms Bathrooms Minimum Stay 6,000 sq.n. 18 12 10 2-7 nights About the property HAVE YOUR CAKE AND EAT IT TOO!RIGHT ON THE BEACH One of a Kind Adventure Beach Front Estate on Lewis Bay Fall 2017 booking up FAST!!Enjoy the beautiful weather on the cape without the crowds at DISCOUNTED RATES!. Spend your holiday on the Ocean!Thanksgiving-Christmas and New Yeats are available Guest house may be added for an additional fee-rate varies-it is not included in the listed rates.Call Julie Now to discuss!!!508 778 1818 Many bed rooms all with amazing ocean views Guest House w/2 bed 2 bath plus Loft may be available for additional fee 8 bath with many VIP ensuite w water views Many other private sleeping areas throughout home on plush sofa and day beds Main home sleeps many in beds with ease and privacy for all with more in sofa beds Guest House sleeps additional guests Please refer to group rates for your party size and price. Please click this link for many more pictures and aerial video httpsj/www.weddingwire.com/bizfcake-on-the-ocean-west-yarmouthIc806c6843fdfcacd.html Our home is for"let—for you and many friends for your vacation of a lifetime,family reunion,corporate retreat or ocean side event,situated right on shores of the famous Lewis Bay. This Iconic property is situated on the sand overlooking Englewood beach and Hyannis harbor with views out to I lyannisport and Nantucket Sound. Watch the sun set and rise with plenty of sail and ferry boats that go to and fro out to open ocean and the islands. There is no better property or value quite like this Estate! Ensuite VIP bedrooms with views overlooking the bay and ocean beyond,giant gourmet chefs kitchen,two family rooms with enormous fire places,million dollar ocean and bay views from almost every room,will,Apple TV.Ultra 4K flat panel TV's,movie nights,board games,wifi H1-FI surround sound system,corn-hole, ladder-ball,horse shoes,giant cabana,day bed,hammock and 6-7 person ocean side Jacuzzi,fire pits and barbecue areas. This Kennedy Compound type property has numerous water and adventure sports beach side:sailing,sunning,jetski,daytrips to egg island,fishing,kayaking and lewis bay can accommodate a large sail boat or yacht Have your family reunions,outings or"share-house vacation'with Many of your closest friends.Guest home can be included at an additional fee to provide for extra guests. Direct ocean and beach front estate with beach and water spores at your feet adjacent to the Yarmouth Sailing club where you can take daily or weekly sailing classes for children or adults. Offseason weeks starting @55500 a week and shoulder ceason weekend offerings.Inquire now all our weeks are going fast book early and reserve your vacation at our Cape Cod Paradise!! �1ore Detailf Property Manager Nick Ask Manager a Question Member since:2016 Speaks:English Response time:Within a day Response rate:100% https://www.vrbo.com/836962 11/9/2017 • FALL IN LOVE WITH OLDE CAPE COD-VRBO Page 4 of 20 Calendar last updated.November 8,2017 • Utcrvlca RsiiitJ more uboutjlcb QAtncmfecs• wpat 54N'etthis estate unique RalT.. ail,th11,,ilIy Ocean and beach front tslaie with dynamic ocean and bay views from every room make this home truly"one of a kind'.This property had been privately owned and enjoyed by a Catholic Order of priest for over 6 decades and now has been wonderfully renovated and brought back to its original glory.Water and beach sports at your door step adjacent beaches and jetties have everything the kids and adults will love.Go fishing,crabbing or claming and bring your catch home and enjoy alfresco dinners,clam bakes and cookouts ocean side. Outside fire pit,movie nights,jacuzzi with friends gazing at the stars or sunning in the chase lounges this is one very special place.Swing in one of the hammocks on the ocean!There is truly no place like it around Enjoy our compliment of yard games,fire pit,grill and great outdoor seating and take it all in!! Inquire about Yarmouth's great tourist attractions,beaches,shopping,resturants and enjoy all Lewis Bay in Yarmouth has to offer. Direct ocean and beach front estate with beach and water sports at your feet Yarmouth Sailing club where you can take daily or weekly sailing classes for children or adults. Report this listing Amenities West Yarmouth Estate Accommodation and Ameeities Property Type estate Meals: Guests provide their own meals Housekeeping: Housekeeper Optional Floor Area: 6000 sq.ft. House Rules: Check-in:3:00 PM/Check-out 10:00 AM Max.occupancy:18 Max.adults:18 Min.age of primary renter:24 Children welcome... Non smoking only Location Type: Beach View... Beachfront... Near The Ocean Ocean View... Oceanfront._. Water View Waterfront... Theme Adventure Family Historic https://www.vrbo.com/836962 11/9/2017 PALL IN LOVE WITH OLDE CAPE COD-VRBO Page 5 of 20 Romantic Sports&Activities • • •ToS;.4191114iletiom • Amenities • Its •ss +r,v Fig General: • htari • Ii!us •AIIMMila, tt ahilns Clothes Dryer-- Heating Internet.,. Iron do Board Linens Provided... Living Room... Parking... Telephone Towels Provided... Washing Machine Kitchen: Coffee Maker... Dishes&Utensils... Dishwasher... Kitchen... Microwave... Oven Pantry Items.._ Refrigerator... Stove... Toaster... Dining: Dining... Dining Area seating for 20 people Bathrooms: 10 Bathrooms Bathroom I-toilet,combination tub shower Bathroom 2-toilet,combination tub shower &Nhroom 3-toilet.shower Bathroom 4-toilet,shower Bathroom S-toilet,shower Bathroom 6-toiler,shower Bathroom 7-toilet,shower Bathroom 8-toilet,combination tub shower Guest House Full Bath-toilet,tub,shower,outdoor shower,Bill Bath in Guest House Guest House Ensuite Master-toilet,shower,outdoor shower,bluster Bed Ensuue Tile Shower An bathrooms are updated with the lastest shower valves g outlets and new fixtures most bathrooms have ocean views when showering you can watch the sun set or boats go buy Bedrooms: 12 Bedrooms,Sleeps 18 Bedroom 3.1 king Bedroom S-1 queen Bedroom 6-1 queen Bedroom 1-1 queen,All bed rooms have wonderful waterfront views Bedroom 2-1 king,Most bedrooms wave waterfront views Bedroom 4-I king Bedroom 7-1 double Bedroom 8-1 double Guest House Salon Great Room Pull Out-1 queen,Sleeps two by the fire place in pull our sofa bed Guest House Ensuite Master-1 queen,Guest House 17P Alaster with ensuite Guest House Poop Deck Loft-3 double,Captains Poop Deck with 3 Full Crew Births Bedroom 9-1 double Guest House VIP-2 twin single,2 twins for kids or made into a King bed for a couple All bed rooms in main house have ensuite or shared updated baths with shabby chic furniture,seating areas and desks with large closets Premium bedding with 1400 poly thread Count sheets and lux pillows are amazing Most bed rooms have ocean views First Floor den with 2 queen pull out sofas.Third floor Open Space has one full bed and three twin beds https://www.vrbo.com/836962 11/9/2017 FALL IN LOVE WITH OLDE CAPE COD-VRBO Page 6 of 20 Entertainment: • • ()vcroew •OVIEtileipu share ls,once •Gatti.Aoom... •GaBlttttsls_ • Rals*.L. lailahtl. Satellite I Cable Stereo Television... Outside: Deck/Patio... Lanai/Gazebo... Lawn/Garden... Outdoor Grill Suitability: Long-term Renters Welcome Pool/Spa: Hot Tub Onsite Services: Staff Attractions: botanical garden churches cinemas festivals health/beauty spa library live theater marina museums playground recreation center restaurants water parks Leisure Activities: antiquing beachcombing bird watching boating eco tourism horseback riding horseshoes miniature golf outlet shopping paddle boating scenic drives shelling shopping sight seeing walking wildlife viewing Local Services&Businesses: ATMPoank fitness center groceries (q) https://www.vrbo.com/836962 11/9/2017 -8/42017. Town of Yarmouth,MA Occupancy of Buildings Chapter 108: Occupancy of Buildings [HISTORY:Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981 by Art.16.01 Amendments noted where applicable.] GENERAL REFERENCES Occupancy load where alcoholic beverages are sold—See Ch.6o. [1] Editors Note:This chapter was derived from Section 6.33 of the Town of Yarmouth Bylaws and was originally adopted by Special Town Meeting held on 8-24-1976 and 8-25-1976. §108-1 Definitions. As used in this chapter,the following terms shall have the meanings indicated: PERSON The owner of any building and the owner's agent and employees,and includes an individual,partnership,corporation,trust or association. TENANT Tenant, lessee, holder of a lease and any licensee or invitee of such tenant,and includes an individual, partnership, corporation,trust or association. §108-2 Certificate of registration required;posting. No person shall rent or lease,or offer to rent or lease,any building or any portion of a building to be used for human habitation without first registering with the Board of Health,which shall determine the number of persons such building or portion of a building may lawfully accommodate under the provisions of the Massachusetts State Sanitary Code,and without first also conspicuously posting within such building or portion of a building a certificate of registration provided by the Board of Health specifying the number of persons such building or portion of a building may lawfully accommodate. §108-3 Number of persons restricted. No tenant shall lease,rent or occupy any building or any portion of a building subject to the provisions of this chapter if,at the time of such lease,rental or occupancy,the number of persons occupying such building or portion of a building exceeds the number of persons authorized to occupy such building or portion of a building by a certificate of registration,if issued and posted, or,if no certificate of registration is issued or posted,the number of persons that may be lawfully accommodated as determined by the Board of Health under the Massachusetts State Sanitary Code. §108-4 Fee. [Amended 4-7-1931 by Art.18,approved 8.4.1981] There shall be a fee of$10 to procure a certificate of registration,which shall be valid for one year or to December 31 of each year, whichever is sooner.Thereafter the permit shall be annually renewed at a fee of$10 per year. §108-5 Revocation or suspension of permit. [Added 4-7-1981 by Art.18,approved 8-4-1981] A permit issued under this chapter shall be revoked if,at any time,the licensing authorities are satisfied that the licensee is unfit to hold the license.They may suspend and make inoperative,for such period of time as they may deem proper,the permit mentioned herein for any cause deemed satisfactory to them.The revocation and suspension shall not be made until after investigation and a hearing or after giving the licensee an opportunity to be heard.Notice of the hearing shall be delivered to the permittee not less than three days before the time of said hearing. §108-6 Penalty. t1 httpl/www.ecode360.com/9083439#9083443 12 AUG-,08-2017 16:01 YARMOUTH HEALTH DEPT 50876034? P.02 / / GI/ ' **INSPECTION OF ALL UNITS ARE REQU. ' ED!�`* Please cull to schedule 508-398-2231, ext. 1240 � Op 2017 RENTAL/LEASE REGISTRATI N `�G! TOWN OF YARMOUTH - BOARD OF FLEA ► ' ': poi 1146 ROUTE 28, SOUTH YARMOUTH MA 02664 �r�<`,o Register on line and SAVE$10 per unit ( www.yarmouth.rna.us (Online Sex ces. AITFNTION LANDLORDS of Houses, Apartments, Duplexes, Condominiums and Room Rentals (in owner occupied dwellings). Excluding Hotel/Motel, Inn, Lodging House or Bed and Breakfast operations. (CHAPTER 108 - OCCUPANCY OF BUILDINGS BYLAW). Note: Compliance with Zoning regulations is not inferred, nor intended. RENTAL/LEASE Registrations EXPIRE on DECEMBER 31 of each year. FEE IS .$80 PER RENTAL/LEASE UNIT. Complete this form and return to the Health Office. Checks payable to: "TOWN OF YARMOUTH". For additional FORMS AND/OR QUESTIONS, contact the HEALTH OFFICE AT 508-398-2231, x1240, MON--FRI,8:30 AM-4:30 PM. -OR-REGISTER ON LINE for $70 per unit. trta ,1 lkt see Ave_. , "icor vli.ouL\ Y✓t A Rental Property Address sic ) 776 -7At � Tenant(s) Name(s) If Annual Rental) Email or Phone # to .T cc w e `s'c G_GTcaL-r,-} Rental Agent (if any) Email or Phone # Z CDC-FPO-A_ Rt�1-5 y t iv vRi 1 U 3ec,c,k4 Tcu T Owner Name (Required Info) Email or Phone # (Required) �. its„.) kr..M •A P S fx c✓`e A.Q. Q LAM,t 046 o h4 Ll Mailing Address City/Tuwn State ZIP Rental Period: Annual , Seasonal (Winter-Summer), Weekly Rental of: Housel—Duplex Apartment Condominium Room —Smoke Detectors and Carbon Monoxide Detectors Required— Operable smoke and carbon monoxide detectors are required at each habitable level and in basements with any appliances using fossil fuels (oil, gas, kerosene), including coal or wood stoves and enclosed or attached garages_ Owners: Have you ensured the batteries are changed, and have tested ALL your Smoke Detectors/Carbon Monoxide Detectors? Snact A s n°� �, Signature + TEST ► ( rITHLY (Required) *************************>k' k*************************-*****,k***** PENALTIES - Late registration of more than 30 DAYS after receipt or violations of any part of Chapter 108, may be subject to non-criminal citations issued as follows. Each day's violation deemed a separate offense. 1x` Offense $50.00 12"t Offense $100.00 / 3"I Offense (and each additional) $200.00. This applies to any"OWNER", "AGENT" OR "TENANT" ************************************************************************** Trash Removal by: Owner Tenant Disposal w/Sticker at Landfill Paid Pickup l/ Name of Company l r.'st--e,2. 0,s ck.Sri e TOTAL P.02 • MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT— For homeownership units, a purchase price that is affordable to a low- or moderate-income household paying no more that 30% of gross monthly income for a mortgage payment, property taxes, insurance and condominium fees, where applicable; and for rental units, a monthly rent that is affordable to a low- or moderate-income household paying no more than 30% of its gross monthly income for rent and utilities, The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under the guidelines of the DHCD Local Initiative Program or, where no such guidelines exist, under regulations adopted by the Board of Selectmen, MEDICAL MARIJUANA TREATMENT CENTER (MMTC) - See Definition for Registered Marijuana Dispensary (RMD). MEDICAL SERVICES APPURTENANT PARKING — Provision of parking for any of the uses allowed within the MOD. MIXED USE —a combining of commercial (retail, office and/or service) use(s)with a residential use on the same or contiguous lot. MOBILE HOME —Any vehicle or object designed for movement on wheels and having no motive power of its own, but which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed, or reconstructed or added to by means of such accessories, as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundation, and shall include the type of construction commonly known as "mobile home," having a body width exceeding eight (8) feet and a body length exceeding thirty-two (32) feet. MOBILE HOME PARK— Premises planned and improved for the rental of spaces for two (2) or more mobile homes. MOBILE STRUCTURE —A movable structure designed for year-round occupancy, used for office or other nonresidential activity. MONOPOLE —The type of tower that is self-supporting with a single shaft and provision for mounting antennas. MOTEL OR HOTEL —Any building, other than a guesthouse, containing six (6) or more guest rooms intended to be occupied on a transient basis, may contain, in the guest rooms, microwave ovens of 800 watts or less, coffee-makers, refrigerators and sinks. For those guest rooms of 375 square feet of area or more, a two-burner electric cook-top may be allowed. For those guest units of 375 square feet of area or more with in-room fire suppression systems (sprinklers), a traditional toaster may be allowed. In no case shall an oven, other than a microwave oven described herein, be permitted in motels or hotels, except as outlined in Section 404, the Motel Bylaw. MOTEL CONVERSION —the creation of Housing within or upon an Applicable Property, for which a motel license was issued, pursuant to M.G.L. c. 140, § 32B, prior to and is effective on April 11, 2006, or which was issued a motel license after April 11, 2006, which property was 151 Official MapQuest - Maps, Driving Directions, Live Traffic Page 1 of 1 • \ 0.0 °' ' ' :,r'. • ,_ 24 Hedge Row CJ 9 '. .. sa ,�� it, S ,cam , 00 ,lam � . -A 'P 4.3 ' ' ci tn9tf-.N ,__ . 1. • ;: .. _ -• - • + /' B& dChr•• N. s :, . 0 , �• '� 32New ,r '., , • Hampshire; _� Ave ' :i I F # r i•J+4•Y�. •.,..w.-•.L,_c-..�.. r r, .. .. � .-, .. •...•.. ... ...... .. ..w _ • t .- • .. ...z-.z ..•f ,.. .. r... Y. ... < � � vn.+.'- �C�.:w.;.::lY:...r-• -� l —. �,. Tigai 1. /0 .' ' y f - - Book a hotel tonight and T '�•� Car trouble mid-trip? "' 'v' save with some great deals! - .3 Mapauest Roadside t !z 7 .;�• ; "� . Assistance is here: Y'. • .. ,�, .. (1-877-577-5766) ` .: -iki RECEIVED .� AT H EAR https://www.mapquest.comldirections 11/9/2017 32 New Hampshire Ave,West Yarmouth,MA 02673-5824 to 24 Hedge Row, West Yar... Page 1 of 1 YOUR TRIP TO; 24 HOW Raw,Weal Yarmouth,MA,02073.5013 2MIN I O.4M1 04 Eat fuel Cost;$0.05 Trip tune based a.Panic soaabl..a.of 11.11 PM an Nasewb.,S.2017.Cerralt fnme:uant 9 1. Elan out going northeast on New Hampshire Ave toward Shore Rd Then 0.00 mile! 0.00 total mit.. - 2. Take the let loft onto Shore Rd. if you teach Berry Ave you've gone about 0.1 roles too for. Then 0.1S miles 0.20 total miles ,r 3. Shore Rd becomes Columbus Ave, Then 0.11 miles 0.30 total miles e.y 4. Turn left onto Broadway St. -I Then 0.04 miles 0.35 total miles 4.1 S. Take the 1st left onto Hedge Row. If you ere on West Rd and teeth Beker Rd you've none a little too far. Then 0.00 miles 0.43 total miles S. 24 Hedge Row,West Yarmouth,MA 02873-5853,24 HEDGE ROW is on the left. If you reach Bay Rd you've gone a little too ler. we it bombers sad map b sub4al to sa Tin..at u...We aeon guarani.mammy.routs cooPhons p waists,.You..same an oak of a.. fGp1/ i �drt,,st a'• h o0 / er s. 460/Sr f ti 4, j a4v 2' V• e 6 FI �t r B � t. a .. ,t • 2,..,....e w+w.wshw..a:o.'.w�,.;wi-.w.. ...4v: .a......:.:,,.hx,.ue`.. .--................ .....�......... ... Books hotel tonight and Carte isle mfd-trip? if save with some real desist ..,�� Ma est Roadside ! Assistance Is here: ti-877.577-5766) (1-888.46a-3625) • • https://www.mapquest.com/directions/list/1/us/ma/west-yarmouth/02673-5824/32-new-ha... 11/9/2017 • 1' 4pRUQUTH INN CLERK °� AR'� TOWN OF YARMOUTH Ct c BOARD OF APPEALS '170CT2FM4:13 REC t" , ' ',.$ APPLICATION FOR HEARING Appeal#: " /J"t' Hearing Date: -ober—H6 p/2017 Fee$ 0 b 4 Owner-Applicant: Bitsoli Deborah A TRS gcean Beach douse Trust (Full Names-Including d/b/a) 5 Myrna RD Framingham, MA 01701 508-799-9739 gsbrackett@brackettlucas.cgm (Address) (Telephone Number) (Email Address) and is the (check one) X Owner . Tenant Prospective Buyer LJ Other Interested Party Property: This application relates to the property located at: 32 New Hampshire Ave Yarmouth and shown on the Assessor's Map#: 16 as Parcel#: 5R Zoning District: If property is on an un-constructed(paper)street name of nearest cross street,or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project.i.e.: "add a 10'by 15'deck to the front of our house"or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: Annul and reverse the Notice of Violation dated August 23, 2017 received _},y the pompr'c ati-ornay hy email on Saptpmhpr 1, 7017 and hy rwrtifiad mail on Saptemhpr 5, 2017 1) x REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated 8/23/last crl toliIacision appealed from). State the reason for reversal and the ruling which you request the Board to make. The decision is base&upon errors of fart and prrnrs of 1aw andshrnrld be annn11era hy the Ord of appeals 2) SPECIAL PERMIT under§ of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the"Use Regulation Schedule"§202.5 .(use space below if needed) 3)VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested,and,as to each section,specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: ADDITIONAL INFORMATION:Please use the space below to provide any additional information which you feel should be included in your application: -e FACT SHEET Current Owner of Property as listed on the deed(if other than applicant): Bitsoli Deborah A TRS Ocean Beach House Trust, 5 Myrna Rd,* Framingham, MA 01701 Name&Address Title deed reference: Book&Page# 29105/299 or Certificate# Land Court Lot# Plan# (provide cony of recent deed) Use Classification: Existing: Residential §202.5# Proposed: RPsidential §202.5# Is the property vacant: No If so,how long?: Lot Information Size/Area:133 Acres Plan Book and Page 73 / 69 Lot# 22 Is this property within the Aquifer Protection Overlay District?Yes No x Have you completed a formal commercial site plan review(if needed)? Yes No x Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: • Repetitive Petition: Is this a re-application: No If yes,do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal numbers)and other available information. Include a copy of the decision(s)with this application: N/A Building Commissioner Comments:AAp lican s/Attorney/Agent Signature Owners Signature viv604/ --IrtflAed2A. Gary S. Brackett, Esquire Deborah A. Bitsoli, Treasurer Address: Brackett & Lucas 19 Cedar St.. Worcester, MA 01609 Ocean Bea H e t Phone505-799-9739 E-Mail: gsbrackett@brackettlucas.com 40 . . ev Building Co e Signature Date ,• . . r FACT SHEET Current Owner of Property as listed on the deed(if other than applicant): Bitsoli Deborah A TRS Ocean Beach House Trust, 5 Myrna Rd, Framingham, MA 01701 Name&Address Title deed reference: Book&Page# 29105/299 or Certificate# Land Court Lot# Plan# (provide copy of recent deed) Use Classification:Existing: Residential §202.5# Proposed: RaciriAntial §202.5# Is the property vacant: No If so,how Iong?: Lot Information Size/Area: #33 Acres Plan Book and Page 73 / 69 Lot# 22 Is this property within the Aquifer Protection Overlay District?Yes No x Have you completed a formal commercial site plan review(if needed)? Yes No X Other Department(s)Reviewing Project: Indicate the other Town Departments which are/ have/or will review this project, and indicate the status of their review process: • Repetitive Petition: Is this a re-application: No If yes,do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copy of the decision(s)with this application: N/A Building Commissioner Comments: 1416461 Ap ilican s/Attorney/Agent Signature Owners Signature Gary S. Brackett, Esquire Deborah A. Bitsoli, Treasurer Address: Brackett & Lucas 19 Cedar St., Worcester, MA 01609 Ocean Bea H e Phone 508-799-9739 E-Mail: gsbrackett@brrackettlucas.corn a • ev Building Co e Signature Date 4 ' ^4. IRORTIVM TOWN:OF YARMOUTH SEP 0 5 2017 U 1146 Route 28,'South.Yarmouth, MA 02664 508-398-2231 ext. 1261 'Fax.508-398-0836 ••• •••••••• Office of the Building Commissioner ?ND NOTICE OF VIOLATION August 23, 2017 Bitsoli Deborah A. TRS Ocean Beach House Trust 4 Juniper Hill. Rd. Boylston, MA 01505 RE: 32 New Hampshire Ave. Illegal business Dear Ms. Bitsoll, This letter is a reminder that this office has yet to receive any written correspondence from you regarding my original Notice of Violation, dated June 14, 2017 regarding this matter. The time to appeal such order expired more than a month ago but, to date, there appears to be no compliance. The Building Department Is still receiving inquiries regarding the operation of a wedding reception / motel business at 32 New Hampshire Ave, West Yarmouth. Prior to initiating an action in Superior Court to compel compliance, I would like to give you an opportunity to remedy the perceived zoning violations on the property. As mentioned in the original Notice of Violation, your property is located In a residential or R- 25 zoning district. Commercial uses are not allowed unless granted specific relief from the Board of Appeals. The use as a wedding reception / motel business Indicated in the complaints are considered a business use and not allowed by right. Nick Fiorillo has indicated that prior to your ownership, Stigmatine Fathers Inc had used the property as a religious retreat. Religious uses are allowed by right in a residential zoning district per the Town of Yarmouth Zoning Bylaw, Section 202.5 use table, P-2. It is understood and confirmed with the Health Dept. that the septic system was constructed to accommodate 13 bedrooms or a total of 26 occupants for the religious use. 1 The operation of a wedding reception / motel business from this residentially zoned property is an entirely separate use that is In violation of the bylaw and will require relief from the Board of Appeals in order to continue. Additionally, I have had the opportunity to review the file for your property and find that the use described above is not grandfathered from the present zoning bylaws. A search of our records to determine If relief from the Board of Appeals to operate such a business reveals that there has been no such relief granted. Additionally, after a discussion with Mr. Hook - Housing Inspector, Health Dept. a rental certificate has not been issued for the rental of the property. Furthermore, no use of land may be changed or modified unless in conformance with the Town of Yarmouth Zoning Bylaw per section 202.1. Town of Yarmouth Zoning Bylaw 202.1 Application, No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use. Again, you are in violation of my original order and we are now permitted to bring this matter to the attention of the courts. In any such proceeding, you would be precluded from raising a substantive defense in that you did not avail yourself of an administrative appeal. In order to avoid a costly court proceeding, you have an additional (30) days to bring the property into compliance and cease operations or file for the required relief from the Town of Yarmouth Board of Appeals. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 101.3 Penalties. Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars ($300.00) for each offense. Each day that such violation continues shall constitute a separate offense At this time, I am not Imposing financial penalties on you but you are hereby ordered to immediately cease and desist operation of the commercial use described above. If such use does not cease within thirty (30) days from the date of this letter, we will not hesitate to institute both financial penalties and a civil suit. Any questions you may have regarding this matter may be directed to this department and/or the Board of Appeals secretary. 2 Additionally, I have had an opportunity to review the file for your property and find that the use described above is not grandfathered from the present zoning bylaws. This order may be appealed to the Zoning Board of Appeals as prescribed under MGL c.40A, §§7 8 and 15 ot: uly, dillr40111r r r Mark Grylls - C•O Director of Inspectional Services / Building Commissioner CC: Jay Talerman, Town Counsel - Code Impact Team 3 TOWN--OF YARMOUTH 1146 Route 28,SouthYarmouth,MA 02664 508-398-2231ext."1261:Fax508-398-0836 Office of the:Building'Commissioner NOTICE OF ZONING VIOLATION June 5,2017 Bitsoli Deborah A.TRS Ocean Beach House Trust 4 Juniper Hill. Rd. Boylston,MA 01505 RE: 32 New Hampshire Ave. Illegal business Dear Ms. Bitsoll, This letter constitutes a formal zoning enforcement order under MGL Ch 40A The Building Department has received numerous complaints regarding the operation of a wedding reception/motel business at 32 New Hampshire Ave. Your property is located in a residential or R-25 zoning district.Commercial uses are not allowed unless granted specific relief from the Board of Appeals.The use as a reception center/motel indicated In the complaints is considered a business use and not allowed by right. I have Included a copy of your advertisement from the web which clearly shows the illegal use of the property. A search of our records to determine If relief from the Board of Appeals to operate such a business reveals that there has been no such relief granted.It is also unclear whether the Health Department has issued rental certificates. No use of land may be changed or modified unless In conformance with the Town of Yarmouth Zoning Bylaw per section 202.1. Town of Yarmouth Zoning Bylaw 202.1 Application.No building or structure shall be erected and no premises shall be used,except as set forth in the Use Regulations Schedule.If a use is not specifically allowed,by right or special permit,it shall be considered to be not allowed unless an appeal is taken under section 102,2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use. You are hereby ordered to abate or correct said violations within thirty (30) days. Failure to do so may result in criminal / civil complaints being filed against you. You may be subject to fines as prescribed by pertinent laws and regulations. You also have the right to appeal this decision with the Zoning Board of Appeals. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 101,3 Penalties. Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars ($300.00) for each offense. Each day that such violation continues shall constitute a separate offense At this time, I am not imposing financial penalties on you but you are hereby ordered to immediately cease and desist operation of the commercial use described above. If such use does not cease within thirty (30) days from the date of this letter, we will not hesitate to institute both financial penalties and a civil suit. Any questions you may have regarding this matter may be directed to this department and/or the Board of Appeals secretary. This order may be appealed to the Zoning Board of Appeals as prescribed under MGL c.40A, §§7 8 and 15 Very truly, Mark Grylis - CBO Director of Inspectional Services / Building Commissioner CC:Jay Tallerman,Town Counsel- Code Impact Team 2 Bk 29105 Pg299 #41750 08-31-2015 @ 10:26a DEED Trustees of the Stigmatine Fathers,Inc.,a corporation duly organized under the Iaws of the Commonwealth of Massachusetts,having a principal place of business in Waltham,MA For consideration paid of Nine Hundred Seventy-five Thousand($975,000.00)and 00/100 Dollars grant to Deborah A. Bitsoli,Trustee of Ocean Beach House Trust under Declaration of Trust dated July 9,2015 recorded herewith having a mailing address of 68 Griffin Street, Framingham, MA 01701 With QUITCLAIM COVENANTS The land together with the building(s)thereon,situated in Yarmouth(West),Barnstable County, being all of LOT 22 and part of LOT 23,all as shown on a plan entitled"Plan of Lots at Englewood Beach, West Yarmouth,Mass.,as surveyed for Olga R,and Herbert J.Kaiser,April 2, 1946,Bearse&Kellogg,Civil Engineers, Centerville,Mass.",duly recorded in Barnstable County Plan Book 73 Page 69,bounded and described as follows: BEGINNING at an iron post located on the easterly side of New Hampshire Avenue at the northwesterly corner of the premises to be conveyed and the southwesterly corner of land deeded to Doris Schirmer, by Cyrus T. Schirmer,et ux,by deed dated August 24, 1945,recorded in the Barnstable Registry of Deeds in Book 632,Page 280,thence SOUTH 48 degrees 07' S0"West along the east side of New Hampshire Avenue, 151.43 feet to a cement bound;thence SOUTH 60 degrees 49' 50"East 80 feet;thence NORTH 82 degrees 38' East 51.94 feet;thence NORTH 56 degrees East 33.06 feet;thence NORTH 47 degrees 38' East,58.78 feet to an iron post,thence NORTH 47 degrees 52' 10"West 119.00 feet to the point of beginning. The above-described premises are conveyed subject to and with the benefit of all rights,rights of way,easements,appurtenances,reservations and restrictions of record and more especially as set forth in a deed from Courtis Saunders,Jr.,Trustee of Ocean Terrace Realty Trust,recorded with the Barnstable County Registry of Deeds in Book 1515 Page 618,insofar as the same are in force and applicable. For Grantor's title see deed of Bruce C.Merrill and Elizabeth A. Merrill dated April 4, 1972,recorded with Barnstable Registry of Deeds at Book 1627, Page 145. MASSACHUSEI'TS STATE EXCISE TAX BAANSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS 2. RN5TABLE COUNTY REGISTRY OF DEEDS Date: 08-31-2015 8 10:26am pates: 08-31-2015 8 10:26am Ct1*: 290 Doc*: 41750 Ct1*: 290 Deaf: 41750 Fee: $3,334.50 Cons: 0975,000.00 Fee: 82,632.50 Cons: 8975,000.00 Bk 29105 Pg300 #41750 WITNESS my hand and seal this 21st day of July, 2015. TRUSTEES OF THE STIGMATINE FATHERS,INC. /1-41erfl By: Gregory Hoppough,President a/k/a Gregory John Hoppough COMMONWEALTH OF MASSACHUSETTS Middlesex County:ss. 5r On this 7-J day of July, 2015, before me, the undersigned notary public, personally appeared Gregory Hoppough,*proved to me through satisfactory evidence of identification, which was 0 photographic identification with signature issued byefederal or state governmental agency, [] oath or affirmation of a credible.witness, personal knowledge of the undersigned, to be the person whose name is signed on the preceding or attached document(s), and acknowledged to me that he signed it voluntarily for its stated purpose as President of Trustees of the Stigmatine Fathers,Inc.. and as his free act and deed. (official seal) I` NO oiPtse Notary Public tPresident, as aforesaid, My Commission Expires: /0 —3 d_Qo 2 YARMOUTH BOARD OF APPEALS ABUTTERS LIST Petition# '17/4 Name / ,fd 7).‘44 A --gf Filing Date: /4-�•/7 Hearing Date: //—P-/7 Property Location:, F„..q/Y.-�e,3 /1410(Alt Notices must be sent to the petitioner(applicant), abutters, and owners of land directly opposite on any public or private street or way, and abutters to the abutters(only within 300 feet of the property line)of the petitioner as they appear on the most recent applicable tax list. Provide only the abutters map and lot number . Postage charges for all applications will be determined by multiplying the number of abutters (and the parcel (s)in question) times .560, which is the current cost for the two required mailings. Add that to the application fee and include your check with the application. Map Lot Number Map Lot Number Number Number Applicant# fi Abutters#'s - • 2 Labels-1 Hard Copy Assessors Field Card with photo Andy Machado,Director of Assessing rREcE ! _ _D BRACKETT & LUCAS DEC 2 q 2017 COUNSELORS AT LAW AC 19 CEDAR STREET BUILDING DEPARTMENT WORCESTER,MA 01609 BY =r 508-799-9739 GARY S.BRACKETT FAx 508-799-9799 gsbrackett@brackettlucas.com VIA CERTIFIED MAIL December 21,2017 Mark Grylls, Director of Inspectional Services/ Building Commissioner Town of Yarmouth 1146 Route 28 South Yarmouth,MA 02664 RE: Deborah A. Bitsoli, Trustee, Ocean Beach House Trust v. Steve DeYoung, Sean Igoe, Dick Martin, Tom Nickinello, Susan Brita and Tom Baron, as they are the Members of the Yarmouth Zoning Board of Appeals, and Mark Grylls, as he is the Director of Inspectional Services/Building Commission for the Town of Yarmouth Barnstable Superior Court, Docket No. 1772 CV605 Dear Mr. Grylls: Pursuant to Mass. Gen. Laws c.40A, §17, service is hereby being made upon you of the filing of an appeal in the Barnstable Superior Court from the November 17, 2017 decision of the Yarmouth Zoning Board of Appeals on petition of Deborah A. Bitsoli TRS Ocean Beach House Trust seeking to annul and reverse the Notice of Violation dated August 23, 2017. Enclosed please find copies of the Complaint which was filed on December 13, 2017, Civil Tracking Order and Summons. Thank you for your courtesy and cooperation. Very ly yours. G S. Brackett GSB/dsh Enclosures cc: Nick Fiorillo (via email) Todd Stamoulis(via email) Commonwealth of Massachusetts BARNSTABLE,SS. TRIAL COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT CIVIL DOCKET NO. 1772 CV 605 DEBORAH A BITSOLI, TRUS EV.. OCEAN REACH.]-iflfnci TRTL'77PLAINTIFF(S), v. STEVE DEYOUNG, ET AIS. DEFENDANT(S) SUMMONS THIS SUMMONS IS DIRECTED TO MARK GRYLLS .(Defendant's name) You are being sued. The Plaintiff(s)named above has started a lawsuit against you.A copy of the Plaintiff's Complaint filed against you is attached to this summons and the original complaint has been filed in the Barnstable Superior Court. YOU MUST ACT PROMPTLY TO PROTECT YOUR RIGHTS. 1. You must respond to this lawsuit in writing within 20 days.If you do not respond,the court may decide the case against you and award the Plaintiff everything asked for in the complaint.You will also lose the opportunity to tell your side of the story. You must respond to this lawsuit in writing even if you expect to resolve this matter with the Plaintiff. If you need more time to respond,you may request an extension of time in writing from the Court. 2. How to Respond. To respond to this lawsuit,you must file a written response with the court and mail a copy to the Plaintiffs Attorney(or the Plaintiff,if unrepresented). You can do this by: a. Filing your signed original response with the Clerk's Office for Civil Business,Superior Court, by mail or in person to.: 3195 Main Street, Barnstable, MA 02630 b. Delivering or mailing a copy of your response to the Plaintiffs Attorney/Plaintiff at the following address: Gary S. Brackett, Esq., Brackett & Tucas, 19 Cedar St., Worcester, MA 01609 3. What to include in your response. An"Answer"is one type of response to a Complaint.Your Answer must state whether you agree or disagree with the fact(s)alleged in each paragraph of the Complaint. Some defenses,called affirmative defenses,must be stated in your Answer or you may lose your right to use them in court.If you have any claims against the Plaintiff(referred to as counterclaims)that are based on the same facts or transaction described in the Complaint,then you must include those claims in your Answer.Otherwise,you may lose your right to sue the Plaintiff about anything related to this lawsuit.If you want to have your case heard by a jury,you must specifically request a jury trial in your Answer or in a written demand for a jury trial that you must send to the other side and file with the court no more than 10 days after sending your Answer. You can also respond to a Complaint by filing a "Motion to Dismiss,"if you believe that the complaint is legally invalid or legally insufficient. A Motion to Dismiss must be based on one of the legal deficiencies or reasons listed under Mass.R.Civ.P.12.If you are filing a Motion to Dismiss,you must also comply with the filing procedures for"Civil Motions" described in the rules of the Court in which the complaint was filed,available at www.mass.gov.courts/case-legal-res/rules of court. 4. Legal Assistance.You may wish to get legal help from a lawyer. If you cannot get legal help,some basic information for people who represent themselves is available at www.mass.gov/courts/selfhelp. 5. Required information on all filings:The"civil docket number" appearing at the top of this notice is the case number assigned to this case and must appear on the front of your Answer or Motion to Dismiss. You should refer to yourself as the "Defendant." Witness Hon.Judith Fabricant,Chief Justice on December 13 , 2017 . (SEAL) Scott W. Nickerson r]Ji Note:The number assigned to the Complaint by the Clerk-Magistrate at the beginning of the lawsuit should be indicated on the summons before it is served on the Defendant. PROOF OF SERVICE OF PROCESS I hereby certify that on , 20_ , I served a copy of this summons, together with a copy of the complaint in this action, on the defendant named in this summons,in the following manner(See Mass. R. Civ. P.4(d)(1-5)): Dated: . 20_ Signature: N.B. TO PROCESS SERVER: PLEASE ENTER THE DATE THAT YOU MADE SERVICE ON THE DEFENDANT IN THIS BOX—BOTH ON THE ORIGINAL SUMMONS AND ON THE COPY OF THE SUMMONS SERVED ON THE DEFENDANT. DOCKET NUMBER Trial Court of Massachusetts 1.1 CIVIL ACTION COVER SHEET _ The Superior Court LL.,PLAINTIFF(S): DEI3ORAH A. Bf'SOL.I,TRUSTEE, OCEAN BEACH HOUSE TRUST COUNTY Rernstable ADDRESS: FRAMINGHAM, AAA DEFENDANT(5): STEVE DEYOUNG, SEAN IGOE, DICK MARTIN, TOM NICKINELLO SUSAN BRI T TA AND TOM BARON as they are the Members of the YARMOUTH ZONING ATTORNEY' GARY S. BRACKETT, ESQUIRE BOARD OF APPEALS AND MARK GRYLLS, DIRECTOR OF INSPECTIONAL SERVICES/ ADDRESS: BRACKETT&LI JCA:i ADDRESS: YARMOUTH, MA 19 CEDAR STREET, WORCESTER, MA 0'605 BBO: O52 t L1 V TYPE OF ACTION AND TRACK DESIGNATION (see reverse side) CODE NO. TYPE OF ACTION (specify) TRACK HAS A JURY CLAIM BEEN MADE? CO2 ZONING APPEAL F n YES X NO if "Other" please describe: STATEMENT OF DAMAGES PURSUANT TO G.L. c. 212, § 3A The following is a full, itemized Ind iietailed statement of the facts on which the undersigned plaintiff or plaintiff counsel relies to determine money damages. For this form, disregard double or trH:ble damage claims; indicate single damages only. TORT CLAIMS (attach additional sheets as necessary) A. Documented medical expenses to date: 1. Total hospital expe ises 2. Total doctor expenses $ 3. Total chiropractic expenses $ 4. Total physical therapy Expenses $ 5. Total other expenses (describe below) $ Subtotal (A): $ B. Documented lost wages and compensation to date $ C. Documented property damages to dated $ D. Reasonably anticipated futur; ml;dical and hospital expenses $ E. Reasonably anticipated lost\rages $ F. Other documented items of dammmges (describe below) $ G. Briefly describe plaintiffs inji ry, including the nature and extent of injury: TOTAL (A-F):$ CONTRACT CLAIMS (attach addilonal sheets as necessary) Provide a detailed description o f claims(s): TOTAL: $ Signature of Attorney/Pro Se Plaintiff: X Date: RELATED ACTIONS: Please provide the case number, case name, and county of any related actions pending in the Superior Court. CERTIFICATION PURSUANT TO SJC RULE 1:18 I hereby certify that I nave complied with requirementssof Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution (SJC Rule 1:18) requiring tnat I pi ovide my clients with information ab ut court-connected dispute resolution services and discuss with them the advantages and disadvantages of the various met118 :5 of disp resolution. Signature of Attorney of Fecord: X Date: Dec 12, 2017 CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE or* AC Actions involving the Stata/Mpnlciaelity ER Equltable_Remedma RP Real Proserty AA1 Contract Action involving Commonwealth, 001 Specific Performance of a Contract (A) Col Land Taking (F) Municipality,McTA,etc. (A) D02 Reach and Apply (F) CO2 Zoning Appeal.G.L.c.40A (F) AB1 Tedious Action involving C ommonwealth, D03 Injunction (F) CO3 Dispute Concerning Title (F) Municipality,META,etc. (A) D04 Reform/Cancel Instrument (F) CO4 Foreclosure of a Mortgage (X) AC1 Real Property Action invol ring DO5 Equitable Replevin (F) C05 Condominium Lien&Charges (X) Commonwealth,MunicIpa ity,META etc.(A) D06 Contribution or Indemnification (F) C99 Other Real Property Action (F) AD1 Equity Action involving Commr,nweallh, D07 imposition ofa Trust (A) Municipality,META,etc. (A) D08 Minority Shareholders Stilt (A) MC Miaeedeneana Civil Actions AE1 Administrative Action invoving D09 Interference in Contractual Relationship (F) Commonwealth,Municipa ity,IABTA,etc.(A) D10 Accounting (A) E18 Foreign Discovery Proceeding (X) D11 Enforcement of Restrictive Covenant (F) E97 Prisoner Habeas Corpus (X) CN Contract/6ueinetaC;laas 012 Dissolution of a Partnership (F) E22 Lottery Assignment,G.L.c.10§28 (X) 013 Declaratory Judgment G.L.c.231A (A) A01 Services,Labor,and Mate-ials (F) D14 Dissolution of a Corporation (F) AB Abuse/Harassment Prevention A02 Goods Sold and Delivered (F) 099 Other Equity Action (F) A03 Commercial Paper (F) E15 Abuse Prevention Petition,G.L.c.209A (X) A04 Employment Contract (F) PA Civil Action Involving Incarcerated Party t E21 Protection from Harassment,G.L.c.258E(X) A06 Insurance Contract (F) A08 Sale or Lease of Real Estate (F) PAt Contract Action involving an AA Administrative Civil Actions Al Construction Dispute (A) Incarcerated Party (A) A14 Interpleatlar (F) FB1 Tortious Action involvin an E02 Appeal from Administrative Agency, BA1 Governance,Conduct,Int'rile g G.L.c.30A (X) Affairs of Entities (A) Incarcerated Party (A) E03 Certiorari Action,G.L.c.249§4 (X) BA3 Liability of Shareholders,)irators, PCI Real Property Action Involving an E05 Confirmation of Arbitration Awards (X) Officers,Partners,etc. (A) incarcerated Party (F) E06 Mass Antitrust Act,G.L.c.93§9 (A) BB1 Shareholder Derivative (A) PD1 Equity Action involving an E07 Mass Antitrust Act.G.L.c.93§8 (X) 8B2 Securities Transactions (A) incarcerated Party (F) E08 Appointment of a Receiver (X) BCr Mergers,Consolidations,Sales of PEt Administrative Action involving an EN Construction Surety Bond.G.L.c.149 Incarcerated Party (F) Assets,Issuance of Debt.Equity,etc. (A) §§29.29A (A) BD1 Intellectual Property (A) TR Tons E10 Summary Process Appeal (X) BD2 Proprietary Information OF Trade Eli Workers Compensation (X) Secrets (A) E18 Auto Surcharge Appeal (X) B03 Motor Vehicle Negligence-Personal BG1 Financial Institutions/Furkls (A) Injury/Property Damage (F) E17 Civil Rights Act,G.L.c.12§11H (A) BH1 Violation of Antitrust or Trade E24 Appeal from District Court Regulation Laws (A) B04 Other Negligence-Personal Commitment,G.L.c.123§9(b) (X) A99 Other Contract/Business'action-Specify(F) Injury/Property Damage (F) E25 Pleural Registry(Asbestos cases) B05 Products Liability (A) E94 Forfeiture,G.L.c265§56 (X) BOB Malpractice-Medical/Wrongful Death (A) E95 Forfeiture,G.L.c.94C§47 (F) 807 Malpractice-Other (A) E99 Other Administrative Action (X) •Choose this case type if AN t par.is the B08 Wrongful Death,G.L.c.229§2A (A) 201 Medical Malpractice-Tribunal oily, Commonwealth,a municipality,the MBTA,or any 1315 Defamation (A) G.L.c.231§60B (F) other governmental entity UNLESS your case is a 819 Asbestos (A) 202 Appeal Bond Denial (X) case type listed under Adminirtrathre Civil Actions B20 Personal Injury-Slip&Fall (F) (AA) 821 Environmental (F) AO Sex Offender Review B22 Employment Discrimination (F) t Choose this case type if AM'party is an BE1 Freud,Business Torts,etc. (A) E12 SDP Commitment,G.L.c.123A§12 (X) incarcerated party,UNLESS y ate case is a case B99 Other Tortious Action (F) E14 SDP Petition,G.L.c.123A§9(b) (X) type listed under Administrativ a Civil Actions(AA) or is a Prisoner Habeas Corpus case(E97). RC Restricted Civil Action E19 Sax Offender Registry,G.L.c.6§178M (X) E27 Minor Seeking Consent,G.L c.112§12S(X) TRANSFER YOUR SELECTION TO THE FACE SHEET EXAMPLE: CODE NO. TYPE OF ACTION(specify) TRACK HAS A JURY CLAIM BEEN MADE? 1303 (fotcr Vehicle Negligence-Personal Injury F El YES ❑NO STATEMENT OF DAMAGES PURSUANT TO G.L.c.212,§3A DUTY OF THE PLAINTIFF•The plaintiff shall set forth,on the face of the civil action cover sheet(or attach additional sheets as necessary),a statement specifying the facts on which the plaintiff relies to determine money damages.A copy of such civil action cover sheet,including the statement as to the damages,shall be served with the complaint.A clerk•magistrate shall not accept for filing a complaint,except as otherwise provided by law,unless It is accompanied by such a statement signed by the attorney or pro se party. DUTY OF THE DEFENDANT-If the defendant believes that the statement of damages filed by the plaintiff is inadequate,the defendant may file with his/her answer a statement specifying the potential damages which may result if the plaintiff prevails. A CIVIL COVER SHEET MUST BE FILED WITH EACH COMPLAINT. FALURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. COMMONWEALTH OF MASSACHUSETT $ r _ 17 SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT Lst/ j /1„4.:4,„ `k BARN STABLE, ss. DOCKET NO. n7 L ' D DEBORAH A. BITSOLI, TRUSTEE, ) OCEAN BEACE HOUSE TRUST, ) Plaintiff, ) ) v. ) ) STEVE DEYOUNG, SEAN IGOE, DICK MARTIN, ) TOM NICKINELLO, SUSAN BRITTA and ) TOM BARON as they are the Members of the ) YARMOUTH ZONING BOARD OF APPEALS, ) AND ) MARK GRYI,LS, as he is the DIRECTOR OF ) INSPECTION AL SERVICES/BUILDING ) COMMISSIONER for the TOWN OF YARMOUTH ) Defendants ) I. INTRODUCTION 1 . This is an action, pursuant to MGL c. 40A, §17 seeking judicial review of the November 9, 2017 deci:do:a of the Yarmouth Zoning Board of Appeals ("Board") which was filed in the Office of the Yarmouth Town Clerk on November 17, 2017. II. PARTIES 2. Deborah A. Bitsoli, Trustee, Ocean Beach House Trust ("Bitsoli") is a resident of Framinghuum. Middlesex County, Commonwealth of Massachusetts. 3. Steve DeYoung ("DeYoung") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is Chairman of the Board 4. Sean Igo(; ('`Igoe") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 6. Tom Nickinello ("Nickinello") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 7. Susan Bri'ta ("Britta") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 8. Tom Baron ("Baron") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 9. Mark Grylls ("Grylls") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is the Director of Inspectional Services/Building Commissioner for the Town of\annouth. III.FACTUAL ALLEGATIONS 10.Bitsoli,as Trustee,is the owner of a residential property located at 32 New Hampshire Ave, Yarmouth(`Premises"). 11.On or about August 23, 2017, Grylls issued a notice of violation to Bitsoli alleging the operation of an illegal business on the Premises. 12.Bitsoli filed a timely appeal with the Board pursuant to MGL c.40A,§17 and the Yarmouth Zoning By-law. 13.On or about November 9, 2017,the Board conducted a public hearing on Bitsoli's appeal from Gryl]s' notice of violation. 14.On or about November 9,2017,the Board voted to deny Bitsoli's appeal. 15.On or abort November 17,2017,the Board filed a copy of its written decision("Decision") with the Yarmouth Town Clerk.A copy of the Decision is attached hereto as Exhibit A. D�.r q,4 _�-- AR MOUTH TOWN CLERK ,*4 ,, `7 TOWN OF YARMOUTH BOARD OF APPEALS off. !y DECISION Syr �1 'l710Vi7Hrai1:21 REC FILED WITH TOWN CLERK: November 17,2017 PETITION NO:: #4714 HEARING DATE: November 9,2017 PETITIONER: Deborah A. Bitsoli TRS Ocean Beach House Trust PROPERTY: 32 New Hampshire Avenue,West Yarmouth,MA Map&Parcel: 0016.58; Zoning District: R-25 Book& Page: 29105/299 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe,Dick Martin, Tom Nickinello,Susan Britta and Tom Baron,nonvoting Alternate. Notice of the :lea ring has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Deborah Bitsoli, Trustee of the Ocean Beach House Trust. The Petition seeks to "Annul and .reverse the Notice of Violation dated August 23, 2017 received by the Owner's attorney by email on September 1, 2017 and by certified mail on September 5, 2017." in connection with property of the Trust located at 32 New Hampshire Ave., West Yarmouth, MA The Petitioner's husband was present and both the Petitioner and her husband were well represented by Gary S. Brackett, Esq. of Brackett&Lucas 19 Cedar St., Worcester, MA The Petitioner's property is located in an R-25 Zoning District in which commercial uses are not allowed by Zor.ing Bylaw without specific relief from the Board of Appeals. The Notice of Violation ("2nd. Notice of Violation") dated August 23, 2017 by Mark Grylls, Building Commission stated, inter alia, as follows: "As mentioned in the original Notice of Violation, your property is located in a residential or R-25 Zoning District, Commercial uses are not allowed unless granted specific relief from the Board of Appeals. The use of a wedding reception/motel business indicated in the complaints are considered a business use and not allowed by right." [It should be not ed that the August 23, 2017 correspondence was the 2nd notice of violation,the 1st having issued by letter of Mr. Grylls dated June 5, 2017.1 There was substantial discussion about multiple issues for the purpose of assisting Board members and understanding the nature of the Petitioner's activities and whether or not they constituted the ase of the property as a wedding reception/motel business as asserted by Mr. Grylls is the basis of his 1st and 2nd Notice of Violations. This information included a general 1 IV. LEGAL CLAIMS 16. Bitsoli rep':at3 the allegations contained in paragraphs 1 through 15 set forth above as if fully set forth hf.rein. 17. Bitsoli is aggrieved by the Decision of the Board. 18. The Boarc•.'s Decision should be annulled as it is arbitrary, capricious, in excess of its authority, based upon an error of law and is not supported by the material facts. V. RELIEF REQUESTED 19. For the at.ove reasons, Bitsoli respectfully requests that this Honorable Court grant her the following relief: a. An-u1 the decision of the Board as in excess of its authority pursuant to MGL c. 40A, §1;'; and b. Foi ar. award of attorney's fees and costs to Bitsoli; and c. Foi such other relief as this Court deems just. Respectfully submitted, DEBORAH A BITSOLI, TRUSTEE, OCEAN BEACH HOUSE TRUST, Plaintiff, By her attorney, tter' Gary S. ackett(BBO #052940) BRACKETT & LUCAS 19`Cedar Street Worcester, MA 01609 (t) 508-799-9739 - (f) 508-799-9799 gsbrackett@brackettlucas.com Dated: Decemoer 12, 2017 discussion about the frequency with which guests rent the Petitioner's property,the frequency and type of activities which occur at the Petitioner's property, the advertising for the types of accommodations available as set forth on the Petitioner's website, the manner in which the parking needs of guests of the Petitioner's property are accommodated for, the types of events held at other properties within the neighborhood and other matters which were helpful to the Board members in considering the merits of the relief sought by the Petitioner. There was also discussion of a general nature about the status of the efforts of the Petitioner to obtain the necessary final inspections so as to close out a number of open Building Permits, which generally appeared to be proceeding in a manner satisfactory to the Building Department. The Board heard from a neighbor in favor of the relief sought by the Petitioner and others who were in opposition to the relief sought. While much discussion concerning the actual manner in which activities occur at the Petitioner's property in terms of its rental and use by persons other than the Petitioner and/or her family included a myriad of unrelated issues, of primary concern to the Board's members were the following: 1. While the Petitioner's representatives indicated that the property was not in the nature of a motel,they did advise that the property could be rented for intervals as short as 4 days. The Petitioner referenced at its submitted Exhibit "D" the Town's definition of"Motel or Hotel". This was an interesting submission in that this definition provides, in part, as follows "Any building, other than a guesthouse, containing six (6) or more guestrooms intended to Je occupied on a transient basis...". By way of the Petitioner's representatives' testimony, it would appear that it is engaging in transient rental of rooms, despite the credible assertion than: the rooms, at least in the main home, would not be rented to separate groups but rather only one group (family, corporate employees, etc.) at a time. Further included at Exhibit "C" of the Petitioner's submission,was a copy of its related Town of Yarmouth 2017 Rental Lease Registration Torn. This Registration form included the Petitioner's submission that it was engaged in seasonal rental of the property and not that in which it was actually engaged, i.e. transient rental for periods as short as 4 days; and 2. It was clear that the Petitioner placed no constraints on the activities of the patrons who rented the property and as to the activities they engaged in thereon. The website for the property together with the information from the Petitioner's representatives and the testimony of interested abutters left Board members with a belief that the Building Commissioner properly found the property to be in violation of the restriction with an R- 25 Zoning District prohibiting commercial uses, including those of a reception/wedding reception center. Despite a suggestion that the Board might be willing to assist in crafting some reasonable conditions upon the Petitioner's use of the property, the Petitioner's representatives sought to have the Board vote only in favor of overturning the Building Commissioner's decision. Accordingly, a Motion was made by Mr. Martin to "annul and reverse the notice of violation dated August 23, 2017 by the Building Commissioner" as specifically referenced in the Petition. This Motion was seconded by Mr. Igoe. In due course, the Board moved the Motion as made and seconded to a vote with no vote in favor of the Motion and unanimous vote in favor of denial of the Motion. Accordingly, the Building Commissioner's decision was not overturned. Appeals from this Decision shall be made pursuant to MGL c40A§17 and must be filed within 20 days after filing of this Notice/Decision with the Town Clerk. Steven DeYouni;-Chairm 2 1 DCCKE-- NUMBER Trial Court of Massachusetts CIVIL TRACKING ORDER 1772CV00605 (STANDING ORDER 1 � ss� The Superior Court CASE NAME. Scott W. Nickerson, Clerk of Court Deborah A. Bitsoli, Trustee of the Ocean Beach House Trust vs. Yarmouth Barnstable County Zoning Board of Appeals et al TO Gary Stephen Brackett, Esq . COURT NAME & ADDRESS Brackett & Lucas 19 Cedar St Worcester, MA 01609 TRACKING ORDER - F - Fast Track You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1 -88. The order requires that the various stages of litigation described below must be completed not later than the deadlines indicated . STAGES OF LITIGATION DEADLINE I SERVED BY FILED BY HEARD BY ff15.511:71',; x Service of process made and return filed with the Cou -t ° ,� �n `�r f+x�� >'y A , ; � ,a�x���.�� �;�z��.����,„ 03/13/2018 xf ;.- Response to the complaint filed (also see MRCP 12) dFy 1: h 04/12/2018 I # All motions under MRCP 12, 19, and 20 04/12/2018 05/14/2018 ' 06/11/2018 All motions under MRCP 15 04/12/2018 05/14/2018 06/11 /2018 All discovery requests and depositions served and non-expert 10/09/2018 ;f T s2 £tdesposi despositions completed • MAW All motions under MRCP 56 11/08/2018 12/10/2018 Final pre-trial conference held and/or firm trial date set 04/08/2019 Case shall be resolved and judgment shall issue by 12/13/2019 ! 1 The final pre-trial deadline is not the scheduled date of the conference. You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to DATE ISSUED ASSISTANT CLERK PHONE 12/14/2017 Daterr;me Printed 12-13-2017 12 43 <;, 3 a. PVew ►llif{,sn -e, 1%VL f)e,'30cP - -II Ts U) n TR.5 O(,Q Ir\ 13.06, \-).„S-st, 'u5 S , i1yrAA RD r(;),,') ;n6-him , r\A ci7 Ui ,;, wiyS1\i “.3 A J U-“') 3 0n BRACKETT&LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER,MA 0I609 508.799-9739 GARY S.BRACKETT FAX 508-799-9799 gsbrackett@brackettlucas.com VIA CERTIFIED MAIL December 21,2017 Steve DeYoung,Chair Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth,MA 02664 RE: Deborah A. Bitsoli, Trustee, Ocean Beach House Trust v. Steve DeYoung, Sean Igoe, Dick Martin, Tom Nickinello, Susan Brita and Tom Baron, as they are the Members of the Yarmouth Zoning Board of Appeals,and Mark Grylls,as he is the Director of Inspectional Services/Building Commission for the Town of Yarmouth Barnstable Superior Court,Docket No.1772 CV605 Dear Mr.DeYoung: Pursuant to Mass.Gen.Laws c.40A, §17,service is hereby being made upon you of the filing of an appeal in the Bamstable Superior Court from the November 17,2017 decision of the Yarmouth Zoning Board of Appeals on petition of Deborah A.Bitsoli TRS Ocean Beach House Trust seeking to annul and reverse the Notice of Violation dated August 23,2017. Enclosed please find copies of the Complaint which was filed on December 13,2017,Civil Tracking Order and Summons. Thank you for your courtesy and cooperation. Very t y you , Gar y S.Brackett GSB/dsh Enclosures RECEIVED cc: Nick Fiorillo(via email) Todd Stamoulis(via email) DEC 27 2017 YARMOUTH BOARD OF APPEALS • Commonwealth of Massachusetts BARNSTABLE,SS. TRIM COURT OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT CIVIL DOCKET NO.1772 CV 605 DEDOR M A DITSOLI, TSl PLAINTIFF(S), v. STINE DeYOUNG, Er ALS. • DEFENDANT(S) SUMMONS THiS SUMMONS IS DIRECTED TO STELE DEYO[JNG .(Defendant's name) You are being sued. The Plaintiff(s)named above has started a lawsuit against you.A copy of the Plaintiff's Complaint filed against you is attached to this summons and the original complaint has been filed in the Barnstable Superior Court. YOU MUST ACT PROMPTLY TO PROTECT YOUR RIGHTS. 1. You must respond to this lawsuit in writing within 20 days.If you do not respond,the court may decide the case against you and award the Plaintiff everything asked for in the complaint.You will also lose the opportunity to tell your side of the story. You must respond to this lawsuit in writing even if you expect to resolve this matter with the Plaintiff. If you need more time to respond,you may request an extension of time In writing from the Court. 2. How to Respond. To respond to this lawsuit,you must file a written response with the court and mail a copy to the Plaintiffs Attorney(or the Plaintiff,if unrepresented). You can do this by: ' a. Filing your signed original response with the Clerk's Office for Civil Business, Superior Court, by, mail or in person to.: 3195 Main Street, Barnstable, MA 02630 b. Delivering or mailing a copy of your response to the Plaintiffs Attorney/Plaintiff at the following address: Gary S. Brackett,_Esci._, Brackett & Lucas, 19 Cedar St., Worcester, MA01609 3. What to include in your response. An"Answer"is one type of response to a Complaint. Your Answer must state whether you agree or disagree with the fact(s)alleged in each paragraph of the Complaint. Some defenses,called affirmative defenses, must be stated in your Answer or you may lose your right to use them in court. If you have any claims against the Plaintiff(referred to as counterclaims)that are based on the same facts or transaction described in the Complaint,then you must include those claims in your Answer.Otherwise,you may lose your right to sue the Plaintiff about anything related to this lawsuit. If you want to have your case heard by a Jury,you must specifically request a jury trial in your Answer or in a written demand for a Jury trial that you must send to the other side and file with the court no more than 10 days after sending your Answer. You can also respond to a Complaint by filing a "Motion to Dismiss,"if you believe that the complaint is legally invalid or legally insufficient. A Motion to Dismiss must be based on one of the legal deficiencies or reasons listed under Mass.R.Civ.P.12. If you are filing a Motion to Dismiss,you must also comply with the filing procedures for"Civil Motions" described in the rules of the Court in which the complaint was filed,available at www.mass.gov.courts/case-legal-res/rules of court. 4. Legal Assistance.You may wish to get legal help from a lawyer.If you cannot get legal help,some basic information for people who represent themselves is available at www.mass.gov/courts/selfhelp. 5. Required Information on all filings:The"civil docket number"appearing at the top of this notice is the case number assigned to this case and must appear on the front of your Answer or Motion to Dismiss. You should refer to yourself as the"Defendant." Witness Hon.Judith Fabricant,Chief Justice on December 13 ,2017 .(SEAL) Scott W.Nickerson //tzeis,4„... Clerk-MagistrateJew/ Note:The number assigned to the Complaint by the Clerk-Magistrate at the beginning of the lawsuit should be indicated on the summons before it is served on the Defendant. PROOF OF SERVICE OF PROCESS I hereby certify that on .20__, I served a copy of this summons, together with a copy of the complaint in this action,on the defendant named in this summons,in the following manner(See Mass.R.Civ.P.4(d)(1-5)): Dated: ,20� Signature: N.B. TO PROCESS SERVER: PLEASE ENTER THE DATE THAT YOU MADE SERVICE ON THE DEFENDANT IN THIS BOX—BOTH ON THE ORIGINAL SUMMONS AND ON THE COPY OF THE SUMMONS SERVED ON THE DEFENDANT. DOCKET NUMBER Trial Court of Massachusetts to79CIVIL ACTION COVER SHEET f The Superior Cour PLAINTWFF(S): DEBORAH A.or'EOI.I.TRUSTEE.OCEAN BEACH HOUSE TRUST COUNTY Barnstable ADDRESS: FRAMINGHAM.NA OEFENOANT(S): STEVE DEYOUNO,SEAN IGOE,DICK MARTIN.TOM NICKINELLO SUSAN BRITTA AND TOM BARON as they are the memberss off ghee YARMOUTH ZONING ATTORNEY: GARY S.BRAC►.ETT,ESQUIRE BOARD OF APPEALS AND MARK GR LLs,DIRlEGTFeaF Mr44-1Tt-!5TI p,F FESI ADDRESS: BRACKETTALIICAH ADDRESS: YARMOUTH,M EARNS IABLE, SS 19 CEDAR STREET,WORCESTER,hIA 01606 i F-Q n r r 1 U L J f 7 BOO: O59_ 0 /f 1/-- TYPE OF ACTION AND TRACK DESIGNATION(see reverse strife) CODE NO. TYPE OF ACTION(specify) TRACK HAS A JURY CLAIM BEEN MADE? CO2 ZONING APPEAL F EYES XO NO 'if"Other"please describe: STATEMENT OF DAMAGES PURSUANT TO G.L.c.212,§3A The following is a full,itemized and detailed statement of the facts on which the undersigned plaintiff or plaintiff counsel relies to determine money damages. For this form,disregard double or treble damage claims;Indicate single damages only, TART CLAIMS (attach additional sheets as necessary) A.Documented medical expenses t.)date: 1.Total hospital expenses $ 2.Total doctor expere.es ............................... $ 3.Total chiropractic expenses $ 4.Total physical therapy expenses $ 5.Total other expenses(describe below) $ Subtotal(A): $ B.Documented lost wages and compensation to date $ C.Documented property damages to dated $ D.Reasonably anticipated futurs medical and hospital expenses $ E.Reasonably anticipated lost wages $ F.Other documented Items of damages(describe below) $ G.Briefly describe plaintiff's inJt:ry,Including the nature and extent of Injury: TOTAL(A-F):$ CONTRACT CLAIMS (attach additional sheets as necessary) Provide a detailed description of claims(s): TOTAL:$ Signature of AttomeylPro Se Plaintiff:X • Date: RELATED ACTIONS:Please provide the case number,case name,and county of any related actions pending in the Superior Court. CERTIFICATION PURSUANT TO SJC RULE 1:16 I hereby certify that I have c3mplied with requirement of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC Rule 1;16)requiring that I provide my clients with infprmation ab ut court-connected dispute resolution services and discuss with them the advantages and disadvantages of the various met A of disp resolution. • Signature of Attorney of Pecurd: X Date: Dec 12,2017 r CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE • AC Actions Involving.the_SttteitMilnlclptelitY_ F.8_Enultabl!$amedles )3P Real Property . AM Contract Action involving(:omrnonwealth. D01 Specific Performance of a Contract (A) C01 Land Taking (F) Municipality,MBTA,etc. (A) D02 Reach and Apply (F) 002 Zoning Appeal.G.L.c.40A (F) AB1 Toilette Action involving C omntonwealth. 003 Injunction (F) CO3 Dispute Concerning Title (F) Municipality,MBTA,etc. (A) 004 Reform/Cancel Instrument (F) Coo Foreclosure of a Mortgage (X) AC1 Real Property Action invol ring D06 Equitable Replevin (F) C05 Condominium Uen&Charges (X) Commonwealth.Municipa ily,!ABTA etc.(A) D06 Contribution or Indemnification (F) C99 Other Reel Property Action (F) AD1 Equity Action Imrolving Co nmcnweallh, 007 Imposition of a Trust (A) Miscellaneous Civil AG11011a Municipality.MRTA,etc. (A) 008 Minority Shareholder's Suit (A) AE1 AdminIstroUve Action lnvoring 009 Interference In Contractual Relationship (F) Commonwealth,Munlclps ity,IABTA.atc.(A) 010 Accounting (A) Eib Foreign Discovery Proceeding (X) D11 Enforcement of Restrictive Covenant (F) E97 Prisoner Habeas Corpus (X) CN ContractJBualnancC,Itea. 012 Dissolution of a Partnership (F) E22 Lottery Assignment,G.L.c.10§28 (X) D13 Declaratory Judgment,G.L.c.231A (A) A01 Services,Labor,and Mate la's (F) 014 Dissolution of a Corporation (F) ASAbuse!Haraasrnent Prevention A02 Goods Sold and Delivered (F) D99 Other Equity Action (F)A04 CommercialPaper (F) E75 Abuse Prevention Petition,GI.C.209A (X) A04 Employment Contract (F) pA C1vtLActtoOts involving Incarcerated Party T E21 Protection from Harassment,G.L.c.258E(X) A06 Insurance Contract (F) AA Administrative Civil Actions A Sale or Lease of Real Estate (F) PAt Contract Action involving an Al2 12 Construction Dispute (A) Incarcerated Party (A) E02 Appeal from Administrative Agency. A14 Interpleader (F) p81 Tortious Action Involving an G.L.c.30A (X) 8A1 Governance,Conduct,Intsrna Affairs of Entities (A) Incarcerated Party (A) E03 Certiorari Action.G.L.c.249§4 (X) PC1 Real Property Action Involving an E05 Confirmation of Arbitration Awards (X) Officers,BA3 Liability of Shareholders, )irector$, Party (F) Officers,Partners,etc. Incarcerated(A) E08 Mass Antitrust Act c.G.L. 93§9 (A) PD1 Equity Action Involving an E07 Mass Antitrust Act,G.L C.93§8 (X) BB1 Shareholder Derivative (A) Incarcerated Party (F) E08 Appointment of a Receiver (X) 882 Securities Transactions (A) PE1 Administrative Action involving an E09 Construction Surety Bond.G.L.c.149 BCt Mergers,Consolidations,Sales of Incarcerated Party (F) §§28,29A (A) Assets.Issuance of Debt.Equity,etc. (A) 1301 intellectual Property (A) Thirds E10 Summary Process Appeal (X) B02 ProprietaryInformation or Trade Ell Worker's Compensation (X) El 8 Auto Surcharge Appeal (X) Secrets (A) B03 Motor Vehicle Negligence-Personal E17 Civil Rights Act G.L.c.12§11H (A) BG1 FinanciallationInstitutions/Funds o urnts (A) Iniury/Property Damage (F) E24 Appeal from District Court BH1 Violation of Antitrust or Ti ado B04 Other Negligence-Personal Commitment,G.L.c.123§9(b) (X) Regulation Laws (A) Injury/Property Damage (F) E25 Pleural Registry(Asbestos cases) . A99 Other Contract/Business,tctlol•Specify(F) B05 Products Liability (A) E94 Forfeiture,G.L.c285§58 (X) 606 Malpractice-Medical/Wrongful Death (A) E95 Forfeiture,G.L.e.94C§47 (F) B07 Malpractice-Other (A) E99 Other Administrative Action (X) •Choose this case type if AN).party la the B08 Wrongful Death.G.L.c.229§2A (A) 201 Medical Malpractice -Tribunal only, Commonwealth,a muniGpatit),the MBTA.or any 815 Defamation (A) G.L c.231§60B (F) other governmental entity UNl ESS your case Is a 819 Asbestos (A) Z02 Appeal Bond Denial (X) use type listed under Adminir trathro Civil Actions B20 Personal Injury -Slip&Fall (F) (A+� SO Sea Offender Review 822 Employment Discrimination (F) t Choose this case type if AN"patty is an BE1 Freud,Business Torts,etc. (A) El SDP Commitment G.L.c.123A§12 (X) Incarcerated party,UNLESS y>in case is a case B99 Other Tortious Action (F) Et4 SDP Petition,G.L.c.123A§9(b) (X) type listed under Administrativ a Chit Actions(AA) or is a Prisoner Habeas Copt ca to(E97). j4C Reatrlcted Civil Actlpna E19 Sex Offender Registry.G.L.c.8§178M (X) E27 Minor Seeking Consent,G.L.c.112§125(X) TRANSFER YOUR SELECTION TO THE FACE SHEET EXAMPLE: . . CODE NO. TYPE OF ACTION(specify) TRACK HAS A JURY CLAIM BEEN MADE? B03 )totcr Vehicle Negligence-Personal Injury F , 0 YES 0 NO STATEMENT OF DAMAGES PURSUANT TO G.L. c.212,§3A DUTY OF THE PLAINTIFF-The plaintiff shall set forth,on the face of the civil action cover sheet(or attach additional sheets as necessary),a statement specifying the facts cn which the plaintiff relies to determine money damages.A copy of such civil action cover sheet,including the statement as to the damages,shall be served with the complaint.A clerk-magistrate shall not accept for filing a complaint,except as otherwise provided by law,unless It Is accompanied by such a statement signed by the attorney or pro se party. DUTY OF THE DEFENDANT-If the defendant believes that the statement of damages filed by the plaintiff is inadequate,the defendant may file with his/her answer a strdement specifying the potential damages which may result If the plaintiff prevails. A CIVIL COVER SHEET MUST BE FILED WITH EACH COMPLAINT. FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. SUP ERR COURT . COMMONWEALTH OF MASSACIIUSETT` F I L t�, DEC 13 2 017 SUPERIOR COURT ----�. DEPARTMENT OF THE TRIAL COURT Ad 4. :.�-Ci erk BARNSTABI.E, ss. DOCKET NO. ma 0 DEBORAH A. BITSOLI, TRUSTEE, ) OCEAN BEACF( HOUSE TRUST, ) Plaintiff, ) ) v. ) STEVE DEYOUNG, SEAN IGOE, DICK MARTIN, ) TOM NICKINELLO, SUSAN BRITTA and ) TOM BARON as they are the Members of the ) YARMOUTH ZONING BOARD OF APPEALS, ) AND ) MARK GRYI IS, as he is the DIRECTOR OF ) INSPECTIONAL SERVICESIBUILDING ) COMMISSIONER for the TOWN OF YARMOUTH ) Defendants ) I. INTRODUCTION 1. This is an action, pursuant to MGL c. 40A, §17 seeking judicial review of the November 9, 2017 decbdo:a of the Yarmouth Zoning Board of Appeals ("Board") which was filed in the Office of the Yarmouth Town Clerk on November 17, 2017. II. PARTIES 2. Deborah A. Bitsoli, Trustee, Ocean Beach House Trust ("Bitsoli") is a resident of Framingham: Middlesex County, Commonwealth of Massachusetts. 3. Steve DeYoung ("DeYoung") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is Chairman of the Board 4. Sean Igor; ("Igoe") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 6. Tom Nickinello ("Nickinello") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 7. Susan Bri'ta ("Britta") is a resident of Yarmouth, Barnstable County, Commonwealth of • Massachusetts and is a member of the Board. 8. Tom Baron ("Baron") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 9. Mark Grylls ("Grylls") is a resident of Yarmouth,Barnstable County, Commonwealth of Massachusetts and is the Director of Inspectional Services/Building Commissioner for the Town of'annouth. III.FACTUAL ALLEGATIONS 10.Bitsoli,as Trustee,is the owner of a residential property located at 32 New Hampshire Ave, Yarmouth("Premises"). 11.On or about August 23, 2017, Grylls issued a notice of violation to Bitsoli alleging the operation of an illegal business on the Premises. 12.Bitsoli filed a timely appeal with the Board pursuant to MGL c.40A,§17 and the Yarmouth Zoning By-law. 13.On or about November 9,2017,the Board conducted a public hearing on Bitsoli's appeal from Grylls' notice of violation. 14.On or about November 9,2017,the Board voted to deny Bitsoli's appeal. 15.On or abo it November 17,2017,the Board filed a copy of its written decision("Decision") with the Yarmouth Town Clerk.A copy of the Decision is attached hereto as Exhibit A. IV.LEGAL CLAIMS 16. Bitsoli rep:at3 the allegations contained in paragraphs 1 through 15 set forth above as if fully set forth hcrei n. 17. Bitsoli is aggrieved by the Decision of the Board. 18.The Boarc's Decision should be annulled as it is arbitrary, capricious, in excess of its authority, based upon an error of law and is not supported by the material facts. V.RELIEF REQUESTED 19. For the above reasons, Bitsoli respectfully requests that this Honorable Court grant her the following relief: a. Anflul the decision of the Board as in excess of its authority pursuant to MGL c. 40A, §1"; and b. Foi ar_award of attorney's fees and costs to Bitsoli; and c. Foi such other relief as this Court deems just. Respectfully submitted, DEBORAH A BITSOLI, TRUSTEE, OCEAN BEACH HOUSE TRUST, Plaintiff, By her attorney, Gary S. ackett(BBO#052940) BRACKETT&LUCAS 19/Cedar Street Worcester, MA 01609 (t) 508-799-9739-(f) 508-799-9799 gsbrackett@brackettlucas.com Dated: Decemoet 12,2017 .of, a 1-- çR1OtJTH TOWN CLERK '70 TOWN OF YARMOUTH 4 - a ; , '$ BOARD OF APPEALS r ' DECISION 4 o ! '17N0UI70111:21 REC FILED WITH TOWN CLERK: November 17,2017 - PETITION NO:: #4714 HEARING DA7TE: November 9,2017 PETITIONER:. Deborah A.Bitsoli TRS Ocean Beach House Trust PROPERTY: 32 New Hampshire Avenue,West Yarmouth,MA Map&Parcel: 0016.58;Zoning District: R-25 Book&Page: 29105/299 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe,Dick Martin, Tom Nickineilo,Susan Britta and Tom Baron,nonvoting Alternate. Notice of the nearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Deborah Bitsoli,Trustee of the Ocean Beach House Trust. The Petition seeks to "Annul and reverse the Notice of Violation dated August 23, 2017 received by the Owner's attorney by email on September 1, 2017 and by certified mail on September 5, 2017." in connection with property of the Trust located at 32 New Hampshire Ave., West Yarmouth, MA The Petitioner's husband was present and both the Petitioner and her husband were well represented by Crary S.Brackett,Esq.of Brackett&Lucas 19 Cedar St., Worcester,MA The Petitioner's property is located in an R-25 Zoning District in which commercial uses are not allowed by Zoring Bylaw without specific relief from the Board of Appeals. The Notice of Violation ("2nd. Notice of Violation") dated August 23, 2017 by Mark Grylls, Building Commission 5ta:ed, inter alia, as follows: "As mentioned in the original Notice of Violation, your property is located in a residential or R-25 Zoning District. Commercial uses are not allowed unless granted specific relief from the Board of Appeals. The use of a wedding reception/motel business indkated in the complaints are considered a business use and not allowed by right." [It should be no:ed that the August 23,2017 correspondence was the 2nd notice of violation,the 1st having issued by letter of Mr. Grylls dated June 5,2017.] There was substantial discussion about multiple issues for the purpose of assisting Board members and understanding the nature of the Petitioner's activities and whether or not they constituted the •.ise of the property as a wedding reception/motel business as asserted by Mr. Grylls is the basis of his 1st and 2nd Notice of Violations. This information included a general I discussion about the frequency with which guests rent the Petitioner's property,the frequency and type of activities which occur at the Petitioner's property, the advertising for the types of accommodations available as set forth on the Petitioner's website, the manner in which the parking needs of guests of the Petitioner's property are accommodated for, the types of events held at other properties within the neighborhood and other matters which were helpful to the Board members in considering the merits of the relief sought by the Petitioner. There was also discussion o a general nature about the status of the efforts of the Petitioner to obtain the necessary final inspections so as to close out a number of open Building Permits,which generally appeared to be proceeding in a manner satisfactory to the Building Department. The Board heard from a neighbor in favor of the relief sought by the Petitioner and others who were in opposition to the relief sought. While much discussion concerning the actual manner in which activities occur at the Petitioner's property in terms of its rental and use by persons other than the Petitioner and/or her family included a myriad of unrelated issues,of primary concern to the Board's riernbers were the following: 1.•While the Petitioner's representatives indicated that the property was not in the nature of a motel,they did advise that the property could be rented for intervals as ;abort as 4 days. The Petitioner referenced at its submitted Exhibit "D" the Town's definition of"Motel or Hotel".This was an interesting submission in that this definition provides, in part,as follows "Any building,other than a guesthouse, containing six(6)or more guestrooms intended to a occupied on a transient basis...". By way of the Petitioner's representatives' testimony, it would appear that it is engaging in transient rental of rooms, despite the credible assertion tha: tle rooms, at least in the main home, would not be rented to separate groups but rather only one group (family, corporate employees, etc.) at a time. Further included at Exhibit "C" of the Petitioner's submission,was a copy of its related Town of Yarmouth 2017 Rental Lease Registration=onn.This Registration form included the Petitioner's submission that it was engaged in seasonal rental of the property and not that in which it was actually engaged, i.e. transient rental for periods as short as 4 days;and 2. It was clear that the Petitioner placed no constraints on the activities of the patrons who rented the property and as to the activities they engaged in thereon. The website for the property together with the information from the Petitioner's representatives and the testimony of interested abutters left Board members with a belief that the Building Commissioner properly found the property to be in violation of the restriction with an R- 25 Zoning D strict prohibiting commercial uses, including those of a reception/wedding reception center. Despite a suggestion that the Board might be willing to assist in crafting some reasonable conditions upon the Petitioner's use of the property,the Petitioner's representatives sought to have the Board vole only in'favor of overturning the Building Commissioner's decision.Accordingly,a Motion was made by Mr. Martin to "annul and reverse the notice of violation dated August 23, 2017 by the Building Commissioner" as specifically referenced in the Petition. This Motion was seconded by Mr. Igoe. In due course, the Board moved the Motion as made and seconded to a vote with no vote in favor of the Motion and unanimous vote in favor of denial of the Motion. Accordingly,the Building Commissioner's decision was not overturned. Appeals from this Decision shall be made pursuant to MGL c40A§17 and must be filed within 20 days after filing of this Notice/Decision with the Town Clerk. Steven DeYoung-Chairm 2 DOCKET NUMBER Trial Court of Massachusetts CIVIL TRACKING ORDER • (STANDING ORDER 1- 88) 1772CV00605 The Superior Court r j CASE NAME. Scott W. Nickerson. Clerk of Court Deborah A. Bitsoli, Trustee of the Ocean Beach House Trust vs. Yarmouth Barnstable County Zoning Board of Appeals et al TO. Gary Stephen Brackett, Esq. COURT NAME &ADDRESS Brackett & Lucas 19 Cedar St Worcester, MA 01609 TRACKING ORDER - F - Fast Track You are hereby notified that this case is on the track referenced above as per Superior Court Standing Order 1-88. The;order requires that the various stages of litigation described below must be completed not later than the deadlines indicated. STAGES OF LITIGATION PEADLIN SERVED BY FILED BY HEARD BY , , u�IM �,� ''" 03/13/20'I8 ljr {sj' , ;` t Service of process made and return filed with the CourtkI {1 p , , !� l '',;1�;�• r. .,.. , ,fir::' 4 7! Response to the complaint filed (also see MRCP 12) �: , "., ..". {,;,.,r; 04/12/2018 �,,taa '�' '.?' -. .. ,-1;,.•..'.N. , Ali All motions under MRCP 12, 19, and 20 04/12/2018 05/14/2018 06/11/2018 All motions under MRCP 15 04/12/2018 05/14/2018 06/11/2018 All discovery requests and depositions served and non-expert 10/09/2018 , t ,� uN >1 ' despositions completed t � � r i ' ►', e113t,r,,,,,t, ic All motions under MRCP 56 11/08/2018 12/10/2018 ' r. ,• �' ,�,. a.4u.•, �., •ii'�<, .l r�',,., .;�,::citt-•ysr' v Final pre-trial conference held and/or firm trial date set l' }� ' I f�:.,::�', <� y,�r��t� °��� 1 !ii+''), „'.14 •f.1 04! 8 2019 ' ` i �1 �rl� i1'a! + ► Y..w wwea w , �. . Case shall be resolved and judgment shall issue by' • 12113/2019 The final pre-trial deadline is not the scheduled date of the conference. You will be notified of that date at a later time. Counsel for plaintiff must serve this tracking order on defendant before the deadline for filing return of service. This case is assigned to DATE ISSUED ASSISTANT CLERK PHONE 12/14/2017 D�tl'l.ulonnts0 12.14.2017 12 43 40 •C' Z1S\ 11f2014 Clark,Sandi From: Gary S.Brackett,Esquire<gsbrackett@brackettlucas.com> Sent: Friday,November 17,2017 2:09 PM To: Clark,Sandi;'Gary S.Brackett,Esquire' Subject: Re:Petition#4714 Sandi,thanks for sending along the decision.Hope you have a good weekend and a Happy Turkey Day! Regards, Ga ry 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:Clark,Sandi[mailto:SClark@yarmouth.ma.us] Sent:Friday,November 17,2017 11:35 AM To:"Gary S.Brackett,Esquire" Subject:Petition#4714 Hello Attorney Brackett, I have attached the Decision for Petition#4714 that was clocked in with the Town Clerk today. The 20 day appeal period will expire on December 8`". If you have any questions,please feel free to contact me. Regards, -Sandi r A BRACKETT &LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER,MA 01609 508-799-9739 GARY-S.-BRACKETT FAX-508-799-9799 gsbrackett@brackettlucas.com December 12,2017 Phil Gaudet,Town Clerk Town of Yarmouth RECEIVED 1146 Rte.28 . South Yarmouth,MA 02664 DEC 13 2017 SourH YAR CLERK RE: NOTICE OF FILING OF APPEAL �,MA MGL c.40A, §17 Bitsoli v.Steve DeYoung,et al. Dear Mr.Gaudet: Pursuant to Mass. Gen. Laws c.40A, §17,I am providing you with notice of the filing of the above-referenced appeal in the Barnstable Superior Court,a copy of which is attached hereto. Thank you for your cooperation. Ve truly yours, / ary . rackett GSB/dsh Enclosure cc: Nick Fiorillo(via email) Todd Stamoulis(via email) • DOCKET NUMBER Trial Court of Massachusetts ��' CIVIL ACTION COVER SHEET The Superior Court PLAINTlFF(S); DEBORAH A.B TS0L1,TRUSTEE.OCEAN BEACH HOUSE TRUST COUNTY Barnstable ADDRESS: FRAMINGHAM,MA --..........__. .. ... .... .. ..._... . .. _ ...... DEFENDANT(S):. STEVE DEYOUNG.SEAN IGOE,DIGKMARTLNTQM_NICNNELt-0 6USAN BRITTA AND TOM BARON it they aro the Members of the YARMOUTH ZONING ATTORNEY: GARY S.BRACdETr.ESQUIRE BOARD OF APPEALS AND MARK GRYLLS.DIRECTOR OF INSPECTIONAL SERVICES! ADDRESS: BRACKETT&1.JCAS ADDRESS: YARMOUTH,MA 1e CEDAR STREET.WORC ESTER,IAA 01805 BOO: C75 'T it TYPE OF ACTION AND TRACK DESIGNATION(see reverse side) CODE NO. TYPE OF ACTION(specify) TRACK HAS A JURY CLAIM BEEN MADE? CO2 ZONING APPEAL DYES 0 NO '11"Other"please describe: STATEMENT OF DAMAGES PURSUANT TO O.L.c.212,§3A The following Is a full.Itemized rind ietailed statement of the facts on which the undersigned plaintiff or plaintiff counsel relies to determine money damages. For this form,disregard double or tn:Ibte damage datms;Indicate single damages only. TORT CLAIMS (attach additional sheets es necessary) A.Documented medical expenses to date: 1.Total hospital expenses $ 2.Total doctor expenses $ 3.Total chiropractic a rpenses $ 4.Total physical therapy expenses $ S.Total other expenses(describe below) $ Subtotal(A): $ B.Documented lost wages and compensation to date $ C.Documented property damages to dated $ D.Reasonably anticipated futuni medical and hospital expenses $ E.Reasonably anticipated lost wage's $ F.Other documented Items of damages(describe below) $ G.Briefly describe plaintiffs Injury,Including the nature and extent of Injury: TOTAL(A-F):$ CONTRACT CLAIMS (attach additional sheets as necessary) Provide a detailed description 01 claims(s): TOTAL$ Signature of Attorney/Pro Se Plaintiff:X Date: RELATED ACTIONS:Please provide the case number,case name,and county of any related actions pending in the Superior Court. CERTIFICATION PURSUANT TO SJC RULE 1:18 I hereby certify that I have compiled with requiremen of Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolution(SJC Rule 1:18)requiring that I provice my clients with inf mation ab ut court-connected dispute resolution services end discuss with them the advantages and disadvantages of the various me §of dlsp resolution. Signature of Attorney of Record: X r Date: Dec 12,2017 CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE. AC Actions Involving the StutgABlgloloellty• ER Eauitable Remedial RP Reel Properly M1 Contract Action Involving;ommonweelfh, D01 Specific Performance of s Contract (A) CO1 Lend Taking (F) Munkipeny.MBTA ern. (A) 002 Reach end Apply (F) CO2 Zoning Appeal,G.L a 40A (F) All Tort .AoeonbwoMng Commonwealth, DOS Injunction (F) CO3 Dispute Concerning Tile (F) %Mick:elk.MSTA.eto.—-._... (A) ..._._-_.Dos Refofmr Cancellnsimmara __.. ;..(F)_.._--•-C04 Foradmum eta Mortgage... .....— (X) - ACt Real Properly Action lnvo vine D05 Equitable Replevin (F) C05 Condominium lien&Charges (X) Commonwealth,Munidptliy,!ABTA eta(A) DOS Contribution or lndemnllcatlon (F) C89 Other Real PoopeM Action (F) AD)Equity Action InvoMng Comm onwealth, DO7 Imposition of s Trust (A) Municipality,MBTA etc. (A),. DOB Minority Shareholder's Solt (A) MC Rlieoelleneoue Civil Acton& AE1 Admhis0a0Ne Action Invr vInt DOB interference In Contractual Relationship (F) Commonwealth,Munlelpnlily,MBTA,eIa(A) DI Accounting (A) Eta Foreign Discovery Proceeding (X) D11 Enforcement of Putrefy.Covenant (F) E97 Prisoner Habeas Carpus (X) CN 00etra.w/aualnlsa.Caaga D12 Dissolution of a Partnership (F) L22 Lottery Assignment,G.L a 10 525 (X) On)Deciaratory Judgment G.L a231A (A) A01 Services Labor,and Matoels (F) D14 Dissolution of a Corporaton (F) AB Abele/Harassment Prevention A02 Goode Sold end DelNere,, (Fl Dee Other Equity Action (F) A03 Commercial Paper (F) El Abuse Prevention Patton.G.L a 209A (X) A04 Employment Contract (F) PA civil Actions involving Inesmeratna.Eady-t E21 Protection from Harassment G.L 0.259E(X) AID Insurance Contract (F) ADO Sale or Leans of Reel Estate (F) pAl Contract Action Involving en AA Administrative ChMActlaD= Al2 Construction Dispute (A) Incarcerated Party (A) A14 Interpleader (F) PB1 Tnrloue Action Partvolving an E02 GLmi from 30A Administrative Agency, Oq BA1 Governance,Conduct,lmsmel TolimaIncarce; Part' (A) Affair.of Entitles (A) E03 Certored Acton,0.L a249§4 (X) BA3 Mobility of Shareholder.,Directors, PC1 Real Property Acton Involving an EDD Connrmetbn al Arbitration Awards (X) Moms,Partnere,eta (A) Incarcerated Petty (F) ELM Mess Mtlmat Act 0.L c.93§9 (A) PD1 Equity Action Involving an Antitrust Act O.L. B3 a (XI B81 Shareholder Derivative (A) Incarcerated Party )F) EDT Meat § B02 Secants.Transactions (A) EDS Appointment of a Receiver (X) BCI Merger,Consolidations,Sales of PE1 AdmInistrellyeActon Involving en EDO Construction Surety Bond,G.L o.149 Assets,Issuance of Debt Egltty,etc. (A) IncarceratedPantyted Party (F) §§20,29A (A) SDI tnleilectiel Property (A) E10 Summary Process Appeal (X) B02 Proprietary Information a Tre le Ta TMA& Ell NhMet'e Compensation (X) Secrets W BO3 Motor Vehicle Naalgenu-Pomonsl E18 Auto Surcharge Appeal IX) BO)Financial Institutions/Funds (A) Injury/Property icle Damage (F) Eli CND Right.Act G.L m12§11H (A) BH I Vble0on of Minuet or T ode E24 Appeal from D'sOkt Court Regulation Laws (A) B04 Other Negligence•Per.onal Commitment,0.L a123§e(b) (X) A99 Other Contract/BusinessAction-Specify(F) Irduryfproperty Damage (F) E25 Pleural Registry(Asbestos case.) B05 Products Liability (A) E94 Forfeiture,G.L c285§55 (X) BOB Malpractice•Medical I Wrongful Death (A) E95 Forfeiture,G.L.0.94C§47 (F) B07 Malpractice-Other (A) Egg Other Adminletcalve Acton (X) •Choose this case type R ANY party is the BOB Wrongful Death,G.L a.229§2A (A) 201 Medical Melprecike-Tribunal only, Commonwealth,s municipality,the MBTA or any 1315 Defamation (A) G.L O.231550B (F) other governmental entity UM ESE.your case Is 819 Asbestos (A) . Z02 Appeal Bond Denial (X) case type aster/underAdminb halve Civil Action 820 Personal Injury-Sllp 6 Fell (F) (AR), 821 Environmental (F) DOS•x Offendr R eaylma 822 Employment Discrimination (F) t Choose this case type If ANT party Is en BE1 Freud.Business Torts,eta. (A) E12 SDP Commitment G.L c.123A§12 (X) Incarcerated party,UNLESS your rase lee case 899 Other Tor0ous Action (F) E14 SOP Patton,G.L.a 123A§9(b) (X) type Dated under Administrative CHI Actions(M) or lea Pdeoner Habeas Corp.case(E97). RC.Reetdgted Civil Ar)lone El Sex Offender Registry,GL c.5§179M (X) E27 Minor Seeking Conant G.L ell§12S(X) TRANSFER YOUR SELECTION TO THE FACE SHEET EXAMPLE; • CODE NO. TYPE OF ACTION(specify) TRACK HAS A JURY CLAIM BEEN MADE? B03 Molar Vehicle Negligence-Personal Injury _E_. [X YES 0 NO STATEMENT OF DAMAGES PURSUANT TO G.L.c.212,§3A DUTY OF THE PLAINTIFF•The plaintiff shall set forth,on the face of the civil action cover sheet(or attach additional sheets es necessary),a statement specifying the facts cn which the plaintiff relies to determine money damages.A copy of such civil action cover sheet,including the statement as to the damages,shall be served with the complaint.A clerk-magistrate shall not accept for filing a complaint,except se otherwise provided by law,unless It Is accompanied by such a statement signed by the attorney or prose party. DUTY OF THE DEFENDANT-If the defendant believes that the statement of damages filed by the plaintiff Is Inadequate,the defendant may file with his/her answer a stntenlent specifying the potential damages which may result if the plaintiff prevails. • A CIVIL COVER SHEET MUST BE FILED WITH EACH COMPLAINT, FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT BARNSTABLE, ss. DOCKET NO. DEBORAH A. BITSOLI,TRUSTEE, ) OCEAN BEACH HOUSE TRUST, ) Plaintiff, ) v. ) ) STEVE DEYOUNG, SEAN IGOE,DICK MARTIN, ) TOM NICKII!BLLO, SUSAN BRITTA and ) TOM BARON as they are the Members of the ) YARMOUTH ZONING BOARD OF APPEALS, ) AND ) MARK GRYLLS,as he is the DIRECTOR OF ) INSPECTIONAL SERVICES/BUILDING ) COMMISSIONER for the TOWN OF YARMOUTH ) Defendants ) I.INTRODUCTION 1. This is an action, pursuant to MGL c. 40A, §17 seeking judicial review of the November 9, 2017 decision of the Yarmouth Zoning Board of Appeals ("Board") which was filed in the Office of the Yarmouth Town Clerk on November 17,2017. II.PARTIES 2. Deborah A. Bitsoli, Trustee, Ocean Beach House Trust ("Bitsoli") is a resident of Framingham, Middlesex County,Commonwealth of Massachusetts. 3. Steve DeYoung("DeYoung") is a resident of Yarmouth,Barnstable County, Commonwealth of Massachusetts and is Chairman of the Board 4. Sean Igoe ("Igoe") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts.and is a member of the Board. 6. Tom Nieki;nello ("Nickinello") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is a member of the Board. 7. Susan Britta ("Britta") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachuset:s and is a member of the Board. 8. Tom Baron ("Baron") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachuietis and is a member of the Board. 9. Mark Grylls ("Grylls") is a resident of Yarmouth, Barnstable County, Commonwealth of Massachusetts and is the Director of Inspectional Services/Building Commissioner for the Town of Yarmouth. III.FACTUAL ALLEGATIONS 10.Bitsoli, as Trustee, is the owner of a residential property located at 32 New Hampshire Ave, Yarmouth("Premises"). 11.On or about August 23, 2017, Grylls issued a notice of violation to Bitsoli alleging the operation of an illegal business on the Premises. 12.Bitsoli filed a timely appeal with the Board pursuant to MGL c. 40A, §17 and the Yarmouth Zoning By-law. 13.On or about November 9, 2017, the Board conducted a public hearing on Bitsoli's appeal from Grylls' notice of violation. 14. On or about November 9,2017,the Board voted to deny Bitsoli's appeal. 15.On or abort November 17, 2017, the Board filed a copy of its written decision ("Decision") with the Yarmouth Town Clerk.A copy of the Decision is attached hereto as Exhibit A. IV.LEGAL CLAIMS 16. Bitsoli repeats the allegations contained in paragraphs I through 15 set forth above as if fully set forth herein. 17.Bitsoli is aggrieved by the Decision of the Board. 18.The Board's Decision should be annulled as it is arbitrary, capricious, in excess of its authority, based upon an error of law and is not supported by the material facts. V.RELIEF REQUESTED 19. For the above reasons, Bitsoli respectfully requests that this Honorable Court grant her the following:relief: a. Annul the decision of the Board as in excess of its authority pursuant to MGL c. 40A, §1,';and b. For an award of attomey's fees and costs to Bitsoli;and c. For such other relief as this Court deems just. Respectfully submitted, DEBORAH A I3ITSOLI,TRUSTEE, OCEAN BEACH HOUSE TRUST, Plaintiff, By her attorney, r � Gary S. ackett(BBO 4052940) BRACKETT&LUCAS 19/Cedar Street Worcester,MA 01609 (t) 508-799-9739 - (f) 508-799-9799 gsbrackett@brackettlucas.com Dated:December 12,2017 kq 'YA14 OR1ROUTH TOWN CLERK 0. TOWN OF YARMOUTH 4 ...� r BOARD OF APPEALS I DECISION 17NOU17AMt11:21 REC • FILED WITH TOWN CLERK: November 17,2017 PETITION NO: #4714 HEARING DATE: November 9,2017 PETITIONER:. Deborah A.Bitsoli TRS Ocean Beach House Trust PROPERTY: 32 New Hampshire Avenue,West Yarmouth,MA Map&Parcel: 0016.58; Zoning District: R 25 Book&Page: 29105/299 MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman,Sean Igoe,Dick Martin, Tom Nicldnello.,Susan Britta and Tom Baron,nonvoting Alternate. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Deborah Bitsoli, Trustee of the Ocean Beach House Trust. The Petition seeks to "Annul and reverse the Notice of Violation dated August 23, 2017 received by the Owner's attorney by email on September 1, 2017 and by certified mail on September 5, 2017." in connection woth property of the Trust located at 32 New Hampshire Ave., West Yarmouth,MA The Petitioner's husband was present and both the Petitioner and her husband were well represented by Gary S.Brackett,Esq.of Brackett&Lucas 19 Cedar St.,Worcester,MA The Petitioner's property Is located in an R-25 Zoning District in which commercial uses are not allowed by Zoning Bylaw without specific relief from the Board of Appeals. The Notice of Violation ("2nd Notice of Violation") dated August 23, 2017 by Mark Grylls, Building Commission stated,inter alia,as follows: "As mentioned in the original Notice of Violation,your property is located in a residential or R-25 Zoning District. Commercial uses are not allowed unless granted specific relief from the Board of Appeals. The use of a wedding reception/motel business indicated in the complaints are considered a business use and not allowed by right" [It should be noted ihat the August 23,2017 correspondence was the 2nd notice of violation,the 1st having issued by letter of Mr. Grylls dated June 5,2017.] There was substantial discussion about multiple issues for the purpose of assisting Board members and understanding the nature of the Petitioner's activities and whether or not they constituted the use of the property as a wedding reception/motel business as asserted by Mr. Grylls is the basis of his 1st and 2nd Notice of Violations. This information included a general • 1 discussion about the frequency with which guests rent the Petitioner's property,the frequency and type of activities which occur at the Petitioner's property, the advertising for the types of accommodations available as set forth on the Petitioner's wehsite, the manner in which the parking needs of guests of the Petitioner's property are accommodated for,.the..typo of events__ -- held"at Oilier propertzcs within die neighborhood and other matters which were helpful to the Board members in considering the merits of the relief sought by the Petitioner. There was also discussion o,C a general nature about the status of the efforts of the Petitioner to obtain the necessary final inspections so as to close out a number of open Building Permits,which generally appeared to be proceeding in a manner satisfactory to the Building Department. The Board heard from a neighbor in favor of the relief sought by the Petitioner and others who were in opposition to the relief sought. While much discussion concerning the actual manner in which activities occur at the Petitioner's property in terms of its rental and use by persons other than the Petitioner and/or her family included a myriad of unrelated issues, of primary concern to the Board's members were the following: 1. While the Petitioner's representatives indicated that the property was not in the nature of a motel,they did advise that the property could be rented for intervals as :short as 4 days. The Petitioner referenced at its submitted Exhibit "D" the Town's definition of"Motel or Hotel". This was an interesting submission in that this definition provides, in part,as follows "Any building, other than a guesthouse, containing six (6)or more guestrooms intended to be occupied on a transient basis...". By way of the Petitioner's representatives' testimony, it would appear that it is engaging in transient rental of rooms, despite the credible assertion that the rooms, at least in the main home, would not be rented to separate groups but rather only one group (family, corporate employees, etc.) at a time. Further included at Exhibit "C" of the Petitioner's submission,was a copy of its related Town of Yarmouth 2017 Rental Lease Registration.torn.This Registration form included the Petitioner's submission that it was engaged in seasonal rental of the property and not that in which it was actually engaged, i.e. transient rental for periods as short as 4 days;and 2.It was clear that the Petitioner placed no constraints on the activities of the patrons who rented the property and as to the activities they engaged in thereon. The website for the property together with the information from the Petitioner's representatives and the testimony of interested abutters left Board members with a belief that the Building Commissioner properly found the property to be in violation of the restriction with an R- 25 Zoning District prohibiting commercial uses,including those of a reception/wedding reception center. Despite a suggestion that the Board might be willing to assist in crafting some reasonable conditions upon the Petitioner's use of the property,the Petitioner's representatives sought to have the Board vote only in favor of overturning the Building Commissioner's decision.Accordingly, a Motion was made by Mr. Martin to "annul and reverse the notice of violation dated August 23, 2017 by the Building Commissioner" as specifically referenced in the Petition. This Motion was seconded by Mr. Igoe. In due course, the Board moved the Motion as made and seconded to a vote with no vote in favor of the Motion and unanimous vote in favor of denial of the Motion. Accordingly,the Building Commissioner's decision was not overturned. Appeals from this Decision shall be made pursuant to MGL c40A §17 and must be filed within 20 days after filing of this Notice/Decision with the Town Clerk. Steven DeYoung;-Chairm 2 Clark, Sandi From: Jay Talerman <jay@mtclawyers.com> Sent: Thursday, December 14,2017 12:19 PM To: Gaudet, Phil Cc: Clark, Sandi;Greene, Karen;Grylls, Mark;Senteio, Eduard;Knapik, Daniel; Dwelley, Christopher;Joel Quick; Michael Kennefick Subject: RE:Appeal to the Court Assuming that the date of the filing with the Town Clerk is correct,this appears to be late. We will move to dismiss if that is the case. jay NJason R.Talerman,Esq. Mead,Talerman&Costa,LLC 730 Main Street•Suite 1F•Millis,Massachusetts•02054 Phone 774.993.5000 lay@mtclawyers,coni•ww'vmtclawyers.corn 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 arc 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. 1t Tkt k before 7ou prt+E. From:Gaudet,Phil[mailto:PGaudet@yarmouth.ma.us] Sent:Thursday, December 14, 201712:01 PM To:Jay Talerman<jay@mtclawyers.com> Cc:Clark,Sandi<SClark@yarmouth.ma.us>;Greene,Karen<KGreene@yarmouth.ma.us>;Grylls,Mark <mgrylls@yarmouth.ma.us>;Senteio,Eduard<ESenteio@yarmouth.ma.us>;Knapik,Daniel <dknapik@yarmouth.ma.us>; Dwelley,Christopher<CDwelley@yarmouth.ma.us> Subject:Appeal to the Court Hi Jay, Attached is another appeal to Barnstable Superior Court.The BOA decision is included. Thanks, Phil Philip Gaudet Town Clerk Town of Yarmouth 508-398-2231 x1216 pgaudet@varmouth.ma.us 1 TOWN OF YARMOUTH YARI l t1TH TOWN CLERK BOARD OF APPEALS DECISION e 17NOV17a011:21 REC FILED WITH TOWN CLERK: November 17,2017 PETITION NO: #4714 HEARING DATE: November 9,2017 PETITIONER: Deborah A.Bitsoli TRS Ocean Beach House Trust PROPERTY: 32 New Hampshire Avenue,West Yarmouth,MA Map & Parcel: 0016.58; Zoning District: R-25 Book&Page: 29105/299 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe, Dick Martin, Tom Nickinello,Susan Britta and Tom Baron,nonvoting Alternate. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner is Deborah Bitsoli, Trustee of the Ocean Beach House Trust. The Petition seeks to "Annul and reverse the Notice of Violation dated August 23, 2017 received by the Owner's attorney by email on September 1, 2017 and by certified mail on September 5, 2017." in connection with property of the Trust located at 32 New Hampshire Ave., West Yarmouth, MA The Petitioner's husband was present and both the Petitioner and her husband were well represented by Gary S. Brackett, Esq. of Brackett& Lucas 19 Cedar St.,Worcester, MA The Petitioner's property is located in an R-25 Zoning District in which commercial uses are not allowed by Zoning Bylaw without specific relief from the Board of Appeals. The Notice of Violation ("2nd Notice of Violation") dated August 23, 2017 by Mark Grylls, Building Commission stated, inter alia, as follows: "As mentioned in the original Notice of Violation, your property is located in a residential or R-25 Zoning District. Commercial uses are not allowed unless granted specific relief from the Board of Appeals. The use of a wedding reception/motel business indicated in the complaints are considered a business use and not allowed by right." [It should be noted that the August 23, 2017 correspondence was the 2nd notice of violation, the 1st having issued by letter of Mr. Grylls dated June 5,2017.] There was substantial discussion about multiple issues for the purpose of assisting Board members and understanding the nature of the Petitioner's activities and whether or not they constituted the use of the property as a wedding reception/motel business as asserted by Mr. Grylls is the basis of his 1st and 2nd Notice of Violations. This information included a general 1 discussion about the frequency with which guests rent the Petitioner's property,the frequency and type of activities which,occur at the Petitioner's property, the advertising for the types of accommodations available as set forth on the Petitioner's website, the manner in which the parking needs of guests of the Petitioner's property are accommodated for, the types of events held at other properties within the neighborhood and other matters which were helpful to the Board members in considering the merits of the relief sought by the Petitioner. There was also discussion of a general nature about the status of the efforts of the Petitioner to obtain the necessary final inspections so as to close out a number of open Building Permits, which generally appeared to be proceeding in a manner satisfactory to the Building Department. The Board heard from a neighbor in favor of the relief sought by the Petitioner and others who were in opposition to the relief sought. While much discussion concerning the actual manner in which activities occur at the Petitioner's property in terms of its rental and use by persons other than the Petitioner and/or her family included a myriad of unrelated issues, of primary concern to the Board's members were the following: 1. While the Petitioner's representatives indicated that • the property was not in the nature of a motel, they did advise that the property could be rented for intervals as short as 4 days. The Petitioner referenced at its submitted Exhibit "D" the Town's definition of"Motel or Hotel".This was an interesting submission in that this definition provides, in part, as follows "Any building, other than a guesthouse, containing six (6) or more guestrooms intended to be occupied on a transient basis...". By way of the Petitioner's representatives' testimony, it would appear that it is engaging in transient rental of rooms, despite the credible assertion that the rooms, at least in the main home, would not be rented to separate groups but rather only one group (family, corporate employees, etc.) at a time. Further included at Exhibit "C" of the Petitioner's submission, was a copy of its related Town of Yarmouth 2017 Rental Lease Registration form. This Registration form included the Petitioner's submission that it was engaged in seasonal rental of the property and not that in which it was actually engaged, i.e. transient rental for periods as short as 4 days; and 2. It was clear that the Petitioner placed no constraints on the activities of the patrons who rented the property and as to the activities they engaged in thereon. The website for the property together with the information from the Petitioner's representatives and the testimony of interested abutters left Board members with a belief that the Building Commissioner properly found the property to be in violation of the restriction with an R- 25 Zoning District prohibiting commercial uses, including those of a reception/wedding reception center. Despite a suggestion that the Board might be willing to assist in crafting some reasonable conditions upon the Petitioner's use of the property,the Petitioner's representatives sought to have the Board vote only in favor of overturning the Building Commissioner's decision. Accordingly, a Motion was made by Mr. Martin to "annul and reverse the notice of violation dated August 23, 2017 by the Building Commissioner" as specifically referenced in the Petition. This Motion was seconded by Mr. Igoe. In due course, the Board moved the Motion as made and seconded to a vote with no vote in favor of the Motion and unanimous vote in favor of denial of the Motion. Accordingly, the Building Commissioner's decision was not overturned. Appeals from this Decision shall be made pursuant to MGL c40A §17 and must be filed within 20 days after filing of this Notice/Decision with the Town Clerk. Steven DeYoung-Ch an2 • TOWN OF YARMOUTH BOARD OF APPEALS HEARING NOTES Petition# /'� Petitioner gh--:47, Hearing Date: //- 97—/ REQUEST: SPECIAL PERMIT: • VARIANCE: . Overturn B.I. Members of the Board present and voting. It appearing t a tice of aid hearing has a iven by sending notice t ..reof to the petitioner and all those owners of property deeme y the Board to be affecte , ereby and that public notice of such hearing having been given by publication in the Register the hearing was opened and held on the date first above written. IN FAVOR OPPOSED NA OktdAt ��J Reason for the Decision: • • Motion by: Seconded by: Vote: • • Members voting in favor: Opposed: '►, Therefore, the SPECIAL PERMIT VARIANCE APPEAL is GRANTED DENIED WITHDRAWN CONTINUED TO: _ CONDITIONS: EXHIBITS RECEIVED AT HEARING: CLERK: Date: CLERK-CHAIRMAN HEARING NOTES • ALL E-MAILS BETWEEN • ATTORNEY BRACKETT& MARK GRYLLS 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 J 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<Ihall@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, 1 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 f have that information. Regards, Gary Gary S. Brackett, Esquire BRACKETT'& LUCAS 19 Cedar Street Worcester, MA 0I609 (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 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 received this in error, please notify the sender by reply email and delete this message. From: Sears, Tim jmailto: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:tsears@varmouth.ma.us yarmouth.ma.us 2 • t, ......-4 .. TOWN-OF•Y.ARMOUTH rtAt 1146 Route 2kSbuth:Xat mouth, MA 02664 508-398-223 ' ext. 1261 Fax 508-398-0836 Office of the,Buildint Commissioner :.fir +\►4A'1A:` .r r .;E. `Tti CEASE and DESIST Deborah Bitsoli A TRS Ocean Beach House Trust 5 Myrna RD Framingham,MA 01701 November 6,2017 RE:32 New Hampshire Ave—Occupancy permit Dear Ms.Bitsoli, 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 any final inspections related to the open permits for this property.The dwellings have 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 may be directed to this department Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth TOW: F•YARNIOUTH 1146 Route 28;South Ya mouth MA 02664 508-398-223 , 'ext 12to& ax508-398-0836 Office of tie. BtuldmKommissioner • 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 8t 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 may be directed to this department Very Truly, Tim Sears CBO Local Inspector Town of Yarmouth Clark,Sandi From: GaryS.Brackett,Esquire<gsbrackett@brackettlucas.com> Sent: Monday,November 6,2017 4:45 PM To: Sears,Tim;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 TIm,I will accept the two letters on behalf of my clients.I'll check and confirm with you the correct addresses for any future correspondence.Thanks for your cooperation. Regards, 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:Sears,Tim[mailto:tsears@yarmouth.ma.us] Sent:Monday,November 6,2017 04:22 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 mall 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 ma i ito:tsea rsl6va rmo ut h.ma.u s • From:Grylls, Mark Sent: Monday,November 6, 2017 1:11 PM To:'Gary S.Brackett'<gsbrackett@brackettlucas.com> Cc:Sears,Tim<tsears@yarmouth.ma.us>;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 I am in the office at 1:30 MARK GRYLIS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 From:Gary S. Brackett[mailto:gsbrackett@brackettlucas.coml Sent: Monday,November 6,2017 1:07 PM To:Grylls, Mark<mgrylls@yarmouth.ma.us> Cc:Sears,Tim<tsearsPyarmouth.ma.us>; Inkley, Brad<binklev@varmouth.ma.us>; Hall, Lee<Ihall@varmouth.ma.us>; Elliott, Ken<KElliott@varmouth.ma.us>;Cipro,Linda <Lcioro@varmouth.ma.us>; Fallon, Rosa <rfallon@yarmouth.ma.us>;Clark,Sandi<SClark@yarmouth.ma.us>; Brandolini,Jim<JBrandolini@varmouth_ma.us> Subject: RE:32 New Hampshire Avenue Mark, I expect that any notices regarding Revocation of Occupancy Permits which Tim Sears will be preparing will be setting forth the appropriate appeals procedure under the State Building Code. I intend to appeal these notices. I will give you a call before 1:30 p.m. today if you are available. If tomorrow morning is better for you,please let me know. Regards, Gary Gary S. Brackett, Esquire BRACKE7T&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 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 received this in error,please notify the sender by reply email and delete this message. From: Grylls, Mark[mailto:mgryllsCa�yarmouth.ma.us] ` Sent: Monday, November 06, 2017 8:30 AM To: 'Gary S. Brackett, Esquire' Cc: Sears,Tim; Inkley, Brad; Hall, Lee; Elliott, Ken; Cipro, Linda; Fallon, Rosa; Clark,Sandi; Brandolini, Jim Subject: RE: 32 New Hampshire Avenue Hi Attorney Brackett, I am in a meeting from 10-12 today. I will be available early in the afternoon. 2 ' The inspection process has to start immediately and the building is to be vacated.The Certificates of Occupancy have been essentially revoked.Tim is drafting the written letters today. Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/ BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From:GaryS. Brackett, Esquire [mailto:gsbrackett@brackettlucas.com] Sent:Friday, November 3,2017 3:15 PM To:Grylls,Mark<mgrylls@varmouth.ma.us>;'gsbrackett@brackettlucas.com'<gsbrackett@brackettlucas.com> Cc:Sears,Tim<tsearsCWyarmouth.ma.us>; Inkley,Brad <binkley@varmouth.ma.us>; Hall, Lee<lhall@varmouth.ma.us>; Elliott, Ken<KElliott@yarmouth.ma.us>;Cipro,Linda<Lcipro@yarmouth.ma.us>; Fallon, Rosa <rfallon@yarmouth.ma.us>; Clark,Sandi<SClark@varmouth.ma.us>; Bra ndolini,Jim<JBrandoiini@varmouth.ma.us> Subject: Re:32 New Hampshire Avenue Mark, I fowarded the list of outstanding permits which Tim Sears sent yesterday along to my client. I just spoke with him on the phone and he will be contacting his general contractor, electrician and plumber over the weekend and getting back to me either Sunday afternoon or Monday. I will plan to call you on Monday between 10-12 if that timeframe works for you. Thank you for your cooperation. Gary Gary 5. 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:mgryllsPvarmouth.ma.us] Sent: Friday, November 3,2017 11:39 AM To:'gsbrackett@brackettlucas.com' Cc:'Sears,Tim', 'Inkley, Brad','Hall, Lee', 'Elliott Ken','Cipro,Linda','Fallon, Rosa', 'Clark,Sandi','Brandolini,Jim' Subject: FW:32 New Hampshire Avenue Attorney Brackett, We are a public safety entity.Your client is putting the public at risk by allowing them to occupy the structures without the required inspections. I have included all of the relevant sections of 780 CMR MA State Building Code.The obvious disregard for the whole process has me,as the Commissioner very concerned. 3 Inspections are technically the applicants responsibility.The applicant had not been involved immediately following the start of work.If the applicant is no longer involved and another contractor has not assumed responsibility,then I would further state that your client bears all responsibility for any damages/injuries that could occur. The replacement contractor was and is required to be licensed.The property owner has been asked to have the new contractor take responsibility for the permits on several occasions. My requests have been ignored to date. I would also like the name and address of the contractor involved. Assuming he is licensed, he understands the regulations regarding permitting. Once identified, I will be filing a complaint with the BBRS against them. The amount of time that has passed for this to be resolved is beyond ridiculous and my patience has expired. An official notice will be forwarded via mail which is to notify your client that the Certificates of Occupancy are considered revoked by this department for both the Railway Bluff and the New Hampshire Ave. properties as allowed by 780 CMR. If you have any further questions or need clarification regarding any sections of 780 CMR, I will be available Monday morning to discuss. Very Truly, Mark Grylls 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be on approval of a violation of the provisions of 780 CMR or of other laws or ordinances. inspections presuming to give authority to violate or cancel the provisions of 780 CMR or of other laws or ordinances shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for Inspection purposes and that all work shall be conducted,installed,protected and completed in a workmanlike and acceptable manner so as to secure the results intended by 780 CMR. Neither the buildinq official nor the applicable enforcement authority shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.3 Required Inspections. The building official shall conduct inspections during construction at intervals sufficient to ensure compliance with the provisions of 780 CMR which may include inspections set forth in sections 110.3.1 through 110.3.10(Also 110.4). The building official shall inform the applicant of the required points of inspection at the time of permit issuance. The building official may designate specific inspection points in the course of construction that require the contractor or builder to give the building official one business day notice prior to the time when those inspections need to be performed. The building official shall make the inspections within two business days after notification. 110.3.1 Footing and Foundation Inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations,any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with ASTM C94, the concrete need not be on the job. 4 110.3.2 Concrete Slab and Under floor Inspection. Concrete slab and under floor inspections shall be made after in-slab or under floor reinforcing steel and building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 110.3.3 Lowest Floor Elevation.In flood hazard areas,upon placement of the lowest floor,including the basement,and prior to further vertical construction, the elevation certification required in section 1612.5 shall be submitted to the building official. 110.3.4 Frame Inspection. Framing inspections shall be made after the roof deck or sheathing, all framing,fire-blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical,plumbing,heating wires,pipes and ducts are approved. 110.3.5 Lath and Gypsum Board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. EXCEPTION:Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Fire-and Smoke-resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies,smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. 110.3.7 Energy Efficiency inspections. Inspections shall be made to determine compliance with 780 CMR13.00:Energy Efficiency and shall include,but not be limited to,inspections for:envelope insulation R-and U-values,fenestration U value, duct system R-value, and HVAC and water-heating equipment efficiency. 110.3.8 Other Inspections.In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of 780 CMR and other laws that are enforced by the building official. 110.3.9 Special inspections. For special inspections,see780 CMR 17.00. 110.3.10 Final Inspection. The final inspection shall be made after all work required by the building permit is completed. 110.5 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 to attend these inspections. 110.6 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 5 • portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 111.1 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, inspector of buildings, or when applicable, the state inspector has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of 780 CMR or of other laws or ordinances. Conformance to all applicable specialized codes of M.G.L. c. 143, § 96, and submittal of a certificate of compliance for Title V, if applicable in accordance with 310 CMR 15.00, are requirements of the issuance of the certificate of use and occupancy. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of 780 CMR wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of 780 CMR. MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Sears, Tim Sent: Thursday, November 2, 2017 2:53 PM To: 'Gary S. Brackett' <gsbrackett@brackettlucas.com>; Grylls, Mark <mgryllsjyarmouth.ma.us> Cc: lnkley, Brad <binkley@yarmouth.ma.us>; Elliott, Ken <KElfiott@yarmouth.ma.us>; Hall, Lee <lhallC yarmouth.ma.us>; Cipro, Linda <LciproPyarmouth.ma.us> Subject: RE: 32 New Hampshire Avenue Gary, You need to have the plumber and electricians that pulled the permits contact those inspectors directly to set up inspections. In the mean time you will need a contractor to come in and take over the permits that were pulled by the former contractor, as we cannot do any inspections on those revoked permits. Thank you Timothy Sears CBO Building Inspector Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@yarmouth.ma.us From: Gary S. Brackett [mailto:gsbrackett@brackettlucas.corni Sent: Thursday, November 2, 2017 2:24 PM 6 • To:Grylls,Mark<msrvlls@varmouth.ma.us>;Sears,Tim<tsears@varmouth.ma.us> Cc:Inkley,Brad<binklev@varmouth.ma.us>;Elliott,Ken<KElliott@varmouth.ma.us>;Hall,Lee clhali@varmouth.ma.us>;Cipro,Linda<Lcipro@varmouth.ma.us> Subject:RE:32 New Hampshire Avenue Mark,Tim, Thank you for providing me with the list of outstanding building permits for which you need final inspections on the two properties. Please advise as to when Tim and/or your other inspectors would like to gain access for these final inspections and I will coordinate with my client to make sure that your personnel will have access as soon as possible to the two properties. Mark,and Tim,I request that you not proceed with any action to revoke Occupancy Permits at this time for the two properties. I recommend that,once the final inspections are done,if there are any further punchlist items my clients need to address,we can evaluate those at that time and arrange for any final work. I am willing to work with you to arrange for these final inspections with your personnel as soon as possible and before next Thursday?s hearing before the ZBA so that,if necessary,we can provide the board members with an up-to-date status report on that aspect of this matter and these issues will not be outstanding. I am available to discuss these issues with you by phone at your earliest convenience. I expect to be in the office all day tomorrow(11/3)and Monday(11/6). Thank you both for your courtesy and cooperation in this matter. 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 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 received this in error,please notify the sender by reply email and delete this message. From:Grylls,Mark[mailto:mgrvilsCryarmouth.ma.us] Sent:Thursday,November 02,2017 1:35 PM To:Sears,Tim;'Gary S.Brackett' Cc Inkley,Brad;Elliott,Ken;Hall,Lee;Cipro,Linda • Subject:RE:32 New Hampshire Avenue Hi Tim, It would seem based on your response and the number of permits and the types of work that perhaps it is time to begin the process of revoking the Occupancy Permit for both properties. Wiring,Plumbing and building permits appear to be for larger sized projects that could pose life safety concerns. Please advise if I am off base. Thank you, 7