HomeMy WebLinkAbout2nd violation notice 8/23/17 TOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
2ND 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. Bitsoli,
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
Very truly,
Mark Grylls - CBO
Director of Inspectional Services / Building Commissioner
CC:Jay Talerman,Town Counsel- Code Impact Team
3
TOWN OF YARMOUTH
1146 Route 28,South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
2ND 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. Bitsoli,
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 Aaolication. 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
e truly, 4111,4011r
Mark Grylls - C=0
Director of Inspectional Services / Building Commissioner
CC: Jay Talerman, Town Counsel - Code Impact Team
3
1171y
Grylls,Mark
To: 'metrowestrealty@yahoo.com'
Cc: Hook,Kevin;Sears,Tim;Elliott,Ken;Hall,Lee
Subject: RE:32 New Hampshire
Attachments: D00032.PDF
Hi Nick,
32 NEW HAMPSHIRE AVE.
I have attached a second notice of violation which has been sent to the mailing address we have on file and returned.I
forwarded a copy a couple of days ago to your attorney,Gary Brackett.As of today I have not received a response.
When I agreed to work with you while research was being conducted,my expectation was that the research would have
been completed in a reasonable amount of time to keep the process moving.
The timeframe stated in the Aug.23rd 2017 Notice of Violation will be adhered to regardless of mailing status.An
updated address would be helpful as violations and communications are often time sensitive.
Town Counsel will be filing for injunctive relief to force compliance with the bylaw if you do not choose the other option
of applying for relief.There are also open permits on the guest house which you assured me would be finalized during
your last meeting with me.Occupancy of the guest house,as stated before,is not allowed as it is in violation of 780 CMR
-MA State Building Code.
You also lack rental permits which have been withheld as we seek to determine the legal use of the building(s).
I will await your response in writing and or an application for a ZBA hearing regarding the continued violations on the
New Hampshire Ave property.As with all determinations made by this office,you have the right to appeal.
1 RAILWAY BLUFF
There are three open building permits and it is my understanding that you continue to allow occupancy.Your contractor
of record for these open permits,Glen White has stated that he has not been on site since late spring.Tim Sears posted
a Stop Work Order shortly thereafter,Your new contractor continued with the work,did not assume responsibility for
the open permits and did not call for any inspections and therefore is in violation of 780 CMR. Plumbing and Electrical
permits are still open and have not received a final inspection.
The open permits brings into question whether the building can be occupied safely.A violation notice will also be sent
regarding 1 Railway Bluff.As the owner,you are ultimately responsible for the work completed and the safety of the
occupants.
I look forward to your swift response
Mark Grylls—CBO
Director of Inspectional Services/Building Commissioner
Town of Yarmouth
508-398-2231 x 1260
From:Grylls,Mark
Sent:Thursday,July 06,2017 2:25 PM
To:'metrowestrealty@yahoo.com'
Cc:Hook,Kevin;Sears,Tim
Subject:32 New Hampshire
Hi Mr.Fiorillo,
I have been informed that you continue to rent the property without the required rental certificate being issued by the
Health Department.
1
Kevin Hook informs me that you have not produced the required documentation and or fees.The calls from the
neighbors persist. The final inspections have not taken place for the work that was permitted.
As the Director of Inspectional Services, I am also in charge of the Health Dept. Kevin has reported that you were
directed to discontinue the use as a rental until the dwelling is proven safe and meets the local codes and bylaws as
discussed.To date, not such permit has issued and therefore it cannot be determined the number of occupants and or if
they are safe when in the building.
The main objective of my department, is to protect the public in the structures in town. If the dwelling cannot be
verified as safe after the inspections are complete, then my only option is to revoke the occupancy of the building as
allowed in Section R110.5 of 780CMR MA State Building Code.
Revocation. The building official shall, in writing,suspend or revoke a certificate of occupancy issued under the provisions
of this code 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 this code.
I will also request that you forward your insurance carrier information as allowed per MGL CH 186 if the C.0 is revoked
as they are required to be notified of any illegal occupancy.
Please respond in writing with your intentions within the next seven days.
Very truly,
Mark Grylls
Mark Grylls—CBO
Director of Inspectional Services/ Building Commissioner
Town of Yarmouth
508-398-2231 x 1260
2
vi (p. L) INV I IJOL)Lu. r CS- IIVO.
!�r Ji ,1 I
Location 3 2 Ne- (-64MP Sk u AJE- Date Received 6 sit e
Responsible Person: Address:
Nature of Complaint: F oM j / �S�t�►� Ut rn., LA -r „016- r, Ov efe-C- u4( NG-
5t-N,A`loN w tTh l_oo Mot Se +- "D 12-t rJ is -t uG . LAST [J► G%-i-T A-5 TF
(Ake-
t i&4.4r (p -ri W 251.) -- 3 oa ee7)1 C,At2S B 0.SAD) . lle1 6 g
Reported By. kpre.A Address: 2( Kliew
Date of.Investigation: Inspector:
Condition Found:
Action Taken:
Compliance Date:
SrNotes:
CJ\t L i b Po ,
It
COLLBE
4e C' OQa--W .N4 NOT 12..Et5M7D
Zo r s --na ' �3 0 -- ► ? -- b 03(-{ Ctk) �P � 0-7/-1 17
irrnel ka/La -17) kcI
_c7) 6,„A
0 66-A-v-' av-L-1 6 /
re. co .ed 0-kc.e_ C14€'( e-j
NAICS Search Page 1 of 1
U.S.Department of Commerce(//www.commerce.gov/)I Blogs(/hens.census.gov/about/contact-us/social_media.html)I Index A-Z(//www.censusgov/aboutlndex.html)I
United States Glossary(//www.census.gov/glossary/)I FAQs(//ask.census.gov/)
Census / Search
�OrNxMN
Topics Geography Library Data Surveys/Programs Newsroom About Us
(//www.census.gov/en.html)populadon,Economy Maps,Products Infographics,Publications Tools,Developers Respond,Survey Data News,Slogs Our Research
North American Industry Classification System
You are here:Census.00v(/)r Business&Industry(/econ/www/index.html)r NAICS l/dos/www/naics/index.html)r NAICS Search/Tools
2017 NAICS Definition
T=Canadian,Mexican,and United States industries are comparable.
Sector 72--Accommodation and Food ServicesT
72119 Other Traveler AccommodationT
This industry comprises establishments primarily engaged in providing short-term lodging(except hotels,motels,and casino hotels).
Illustrative Examples:
Bed-and-breakfast inns
Tourist homes
Guest houses
Youth hostels
Housekeeping cabins and cottages
Cross-References.Establishments primarily engaged in--
• Providing short-term lodging in facilities known as hotels without a casino on the premises--are classified in Industry 72111 (/coi-
bin/sssd/naics/naicsrch?code=72111&search=2017),Hotels(except Casino Hotels)and Motels;and
• Providing short-term lodging in facilities known as hotels with a casino on the premises--are classified in Industry 72112(/cai-
bin/sssd/naics/naicsrch?code=72112&search=2017),Casino Hotels.
ABOUT US FIND DATA BUSINESS&INDUSTRY PEOPLE&HOUSEHOLDS SPECIAL TOPICS NEWSROOM
(/Naww.census.govlabouthtml) QuickFacts Help Wth Your Forms 2020 CensusAdvisors,Centers and (1/www.eansus.govleewaroan.html)
Are You in a Survey? (//www.census.gov/data/data- (/hww.census.govhopics/business9Qgwwssensus.gov2020censusl) Research Programs News Releases
(//w.wi.census.gov/programs- tools/quickfacts.html) help.html) 2010 Census )//www.census.gov/aboWpartners.h(tl4wi.census.gov/newsroom/press-
surveys/are-youin-a- American FactFinder Economic Indicators (//www.census.gov/programs- Statistics in Schools releases.html)
survey.html) //www.census.ov/data/data- (//www.census.ov/to cs/econom/eo
( 9 9 Pi Y graysldecennial- (//www.census.gov/schools/) Release Schedule
FAQs(//ask.census.gov/) tools/american- indicators.html) census/2010-census.html/) Tribal Resources(NAN) (//wmaarcalendarwiz.com/calendars/calendar
Director's Corner faclfinder.html) Economic Census American Community (/Nnsw.census.gov/about/cong- crd=censlsample&cid[]
(//www.census.gov/abouti1eadership.lm111)0 Census (/Nnsw.census.gov/programs- Survey gov- -31793)
Regional Offices (//wv,'w.census.gov/programs- surveys/economic- (//wwvi.census.gov/programs- affairs/intergovernmental- Facts for Features
(//www.census.gov/about/regions.htmppurveys/decennial- census.html) surveys/acs/) affairs/bibal-affairsttdbal- (//www.census.gov/newsroom/facts-
'Eensus2010-census.html) E-Stats Income resources.html) for-features.html)
History '�EEconomic Census (/Avww.census.gov/programs- (/Nwsw.census.gov/topics/income- Emergency Preparedness Stets for Stones
(/hwwi.census.gov/abouVhistory.htinl%/wwcensus.gov/programs- surveys/e-stats.html) poverty/income.html) (/Nwsw.census.gov/topics/preparedr)dW.s5 nsusgov/newsrooMstories.html)
Research surveys/economic- International Trade Poverty Statistical Abstract Blogs
(//www.census.gov/about/our- census.html) (//www.census.gov/topics/internatiogflytwv.census.gov/topics/income- (//wows.census.gov/library/publicetio)Wlerecensus.gov/about/contact-
research.html) Interactive Maps trade.html) poverty/poverty.html) senes/statistical_abstracts.htmp us/social_media.html)
Scientific lntegnty (//wnw.census.gov/geography/interactive.
(/Asww.census.gov/aboutipolicies/quali(,ilgg(Wi11c_integrity.html) expon Codes Population Estimates Special Census Program
(/he/voons.census.govttopicslintematiol(/Avww.census.gov/topics/populatiorquin l rsus.gov/programs-
Census Careers Training&Workshops trade/scheduleb.html) estimates.html) surveys/specialcensus.html) CONNECT WITH US
(//wowv.census.gov/about/census- (//www,census.gov/data/training- NAICS Population Projections Data Linkage Infrastructure (l/www.census.govlabouticontact-
careers.html) workshops.html) (/hww.census.govttopics/economy/QlYesifimAisus.gov/topics/populatiol(/paprdatorsus.gov/datalinkage) uslsocial_media.html)n
DNersity @ Census Data Tools codes.html) projections.html) Fraudulent Activity F.Scams
(//www.census.gov/about/diversity- (//www.census.gov/data/data- Governments Health Insurance (//www.census.gov/programs-
neNrorks.html) tools.html) (/henv,census.govttopics/public- (//www.census.gov/topics/heatihMealtilveys/are you in a
Business Opportunities Developers sector.html) insurance.html) survey/fraudulent-activity-
(//www.census.gov/about/business- (/Nwvw.census.gov/developersn Longitudinal Employer- Housing and-scams.html)
opporNnities.hVnl) Catalogs HouseholdDynamics (/Nnsw.census.ov/to ics/housin h ov(//www.usa.govi)
g 9 D g td8�1.9 ( g 0
Congressional and (//www.census.gov/data/product- (LEND) In r n I (llwww.facebook-comiuscensusbureau)El
Intergovernmental catalog.html) )LEHw.census.govttopics/employmr� us.gov/1 pics/population/internationalyyttmm�t��""
(//www.census.gov/about/cong-
Publications Publications Survey of Business Owners Genealogy gy (I/www.linkedin.comicompanylus-census-bureau)0
(//www.census.gov/library/publicatio(MAMndjensus.gov/programs- (//wwwcensus.govttopics/population/genea�ooy�h(rr�I�
Contact Us surveys/sbo.html) trrwww.youtube-com/useduscensusbureau)g
(/Nwnv.census,gov/about/contact- (Ilwww.instagram.comluscensusbureau/)1�
us.html) (//public.govdelivery.comfaccounts/USCENSUSIsubscriber/new)
Accessibility(/Nnsw.census.gov/about/policies/privacy/privacy-policy.html#par_textimage_1)I Information Quality(//wtww.census.gov/quality/)I FOIA(//www.census.gov/foia/)I Data Protection and Privacy Policy
(//www.census.gov/privacy/)I U.S.Department of Commerce(//www.commerce.gov/)
Source:U.S.Census Bureau I North American Industry Classification System(NAICS)I(888)756-2427 I naicsacensus.gov
(mailto:naics@census.gov)I Last Revised:August 17,2016
https://www.census.gov/cgi-bin/sssd/naics/naicsrch?code=72119&search=2017 NAICS Se... 5/22/2018
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
1
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
Very truly,
Mark Grylls - CBO
Director of Inspectional Services / Building Commissioner
CC: Jay Talerman, Town Counsel - Code Impact Team
2