HomeMy WebLinkAboutViolation Notice 6/14/17 TOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext: 1261 Fax 508-398-0836
Office of the Building Commissioner
NOTICE OF ZONING VIOLATION
June 14,2017
Bitsoli Deborah A.TRS
Ocean Beach House Trust
4 Juniper Hill Rd. Boylston, MA 01505
RE: 32 New Hampshire Ave. Illegal business
Dear Ms. Bitsoli,
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,West Yarmouth.
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
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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.
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
nry( vZ7
y,
Mark Grylls -
Director of Inspectional Services / Building Commissioner
CC:Jay Talerman,Town Counsel- Code Impact Team
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Sears, Tim
From:
v-r _
Sent: Friday,June 02,2017 2:09 PM
To: Sears,Tim
Subject: Unlawful Use at 32 New Hampshire Ave.
Mr. Sears, we spoke earlier about this situation and I've gotten some more information. First of all,the property
address is 32 New Hampshire,and it is clearly being rented out for commercial use. Here is a link removing it,
and there is an event scheduled for this weekend: https://www.vrbo.com/836962
Click on the Overview"tab and you will the booking dates. This is outrageous,such a Brazen violation of the
Town regulations. I am not at home right now,but hopefully you can follow up on this information. As I said,
they are currently loading in tables and chairs from a party supply company. Is there any way to put a stop to
this before the weekend?Please feel free to call me on my cell phone if you need to.Again, I am not at home so
don't have time to pull down the form and fill it out but hopefully this will enable you to follow up.Thank you.
•
Sent From My Samsung Galaxy S5
Sent via the Samsung GALAXY S®5,an AT&T 40 LTE smartphone
Original message—
From:
Date: 6/2/17 1:37 PM(GMT-05:00)
To:
Subject: Englewood Beach
here is the info and link
ht-tps://www.vrbo.com/836962
Cake on the Ocean" Last Minute
Getaway Deals week/weekends May-
June!
(17 Reviews)
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•i Sleeps:40
•l Bedrooms:12
• Bathrooms:10 '
9. •Property type:Estate
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•I Internet:Yes •
•` Pets considered:Ask Manager . •
• Wheel chair accessible:N/A .
About the Property
_ • _ __....... . , _ ..
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https:/1www.weddingwire.conn/biz/cake-on-the-ocean-west-yarinoutlh/c806c6843 fdfcacd.htrl
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More details
Send email
Manager
Member since:20 6
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:
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• Children Welcome:
Heel(:7rilj,en s b<n:h on L�;iix Bay/IT 30 yards s away with inii ki gift;and sif'inge. Ire a rea?J tr trek hei.c been.clopping there l/ir 771 Zeam.!f wa:orne
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iiyoncis harbor and open ocean I.. wore
• Non Smoking Only
Accommodation Type
5