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HomeMy WebLinkAboutemail 11/06/17 Clark,Sandi From: Gary S.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 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 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 GRYLLS DIRECTOR OF INSPECTIONAL SERVICES / BUILDING COMMISSIONER TOWN OF YARMOUTH (508) 398-2231 x 1260 From: Gary S. Brackett [mailto:gsbrackett@brackettlucas.com] Sent: Monday, November 6, 2017 1:07 PM To: Grylls, Mark <mgrvllsPvarmouth.ma.us> Cc: Sears, Tim <tsears@yarmouth.ma.us>; Inkley, Brad <binklev@varmouth.ma.us>; Hall, Lee <lhall@yarmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us>; Cipro, Linda <Lcipro@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 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:mgrylls©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:Gary S.Brackett,Esquire(mailto:gsbrackett@brackettlucas.com) Sent:Friday,November 3,2017 3:15 PM To:Grylls,Mark<mgrvlls@varmouth.ma.us>;'gsbrackett@brackettlucas.com'<gsbrackett@brackettlucas.com> Cc:Sears,Tim<tsears@varmouth.ma.us>;Inkley,Brad<binklev@varmouth.ma.us>;Hall,Lee<lhall@varmouth.ma.us>; Elliott,Ken<KElliott@varmouth.ma.us>;Cipro,Linda<Lcipro@varmouth.ma.us>;Fallon,Rosa <rfallon@varmouth.ma.us>;Clark,Sandi<SClark@yarmouth.ma.us>;Brandolini,Jim<JBrandolini@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 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:mgrvlls@varmouth.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 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 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 C 94, 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 ctnd 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@yarmouth.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 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 or those revoked permits. Thank you Timothy Sears CEO Building Inspector Town of Yarmouth 508-398-2231 Ext. 127,9 mailto:tsears@varmouth.ma.us From: Gary S. Brackett [mailto:gsbrackett@brackettlucas.com] Sent: Thursday, November 2, 2017 2:24 PM 6 To: Grylls, Mark<mgrylls@yarmouth.ma.us>; Sears,Tim <tsears@varmouth.ma.us> Cc: Inkley, Brad <binkley@varmouth.ma.us>; Elliott, Ken <KElliott@varmouth.ma.us>; Hall, Lee <lhall@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 he 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:mgrylls(avarmouth.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, 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<mervlls@varmouth.ma.us>;'Gary S.Brackett'<gsbrackett@brackettlucas.com> Cc:Inkley,Brad<binklev@varmouth.ma.us>;Elliott,Ken<KElliott@varmouth.ma.us>;Hall,Lee <lhall@varmouth.ma.us>;Cipro,Linda<Lcipro@yarmouth.ma.us> Subject:RE:32 New Hampshire Avenue �We have multiple permits still open for this address; �LBLD-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) B LD-16-0055555?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 CBO Building Inspector Town of Yarmouth 8 508-398-2231 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 <tsears@varmouth.ma.us>; Inkley, Brad <binkley@yarmouth.ma.us>; Elliott, Ken <KElliott@yarmouth.ma.us>; Hall, Lee <Ihall@yarmouth.ma.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 [mailto:gsbrackett@brackettlucas.com] Sent: Friday, October 20, 2017 11:10 AM To: Grylls, Mark <mgrvlls@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 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. 10 32 New Hampshire Ave, West Yarmouth, MA 02673-5824 to 24 Hedge Row, West Yar... Page 1 of 1 YOUR TRIP TO: 24 Hedge Row,West Yarmouth,MA.02673.5813 2MIN I 0.4 MI Est.fuel cost:$0.05 Trip time beard on traffic conditiona as of 12:18 PM on November 9,2017.Current Traffic Light 1. Start out going northeast on New Hampshire Ave toward Shore Rd Then 0.00 miles 0.00 total miles 41 2. Take the 1st left onto Shore Rd. If you reach Berry Ave you've cone about 0.1 miles too far. Then 0.19 miles 0.20 total miles ,r 3. Shore Rd becomes Columbus Ave. Then 0.11 miles 0.30 total miles t4. Turn left onto Broadway St. Then 0.04 miles 0.35 total miles 4 5. Take the 1st left onto Hedge Row. If you are on West Rd and reach Baker Rd you've gone a little too far. Then 0.08 miles 0.43 total miles ® 6. 24 Hedge Row,West Yarmouth,MA 02673-5813,24 HEDGE ROW is on the left. 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