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HomeMy WebLinkAbout68 Horse Pond Rd Violation Notices & Pending Court Action NoticeTOWN OF YARMOUTH NATr/yG�H!;"a �y Aq. cpRPORl+1 �� Michele Gardini 296 Newton Street LLC 296 Newton St Waltham, MA 02453 Office of the Building Commissioner 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1260 Fax 508-398-0836 NOTICE OF PENDING COURT ACTION RE: 68 Horse Pond Rd West Yarmouth, MA — Single Family Home Violations Dear Michele Gardini, July 24, 2024 The Building Department issued you a violation letter on July 14, 2022, and again on October 4, 2023, to inform you of the specific details and nature of the violations observed. This letter also serves as a final opportunity to voluntarily abate said violations and avoid further enforcement action by bringing your property into compliance. At this time, it is apparent that you have chosen not to comply with our order to abate and the 30-day appeal period allowed by M.G.L. C. 40A § 15 has lapsed. Therefore, the Town of Yarmouth is left with no option but to proceed with a court action to compel compliance. This letter is being sent as a courtesy to inform you that we are preparing our case and will be submitting it to the appropriate Barnstable Court within the next fourteen (14) days of the date of this letter. If your failure to abate was an oversight or you have decided to abate the violation, please contact this office forthwith to discuss any remedy or option now available to you. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner m AT TAB VIOLATION NOTICE 296 Newton Street LLC 296 Newton St Waltham, MA 02453 RE: 68 Horse Pond Rd — apartment in basement This letter constitutes a formal zoning enforcement order under MGL Ch 40A. To Whom it May Concern, October 4, 2023 The Building Department has been in contact with you in a letter dated July 14, 2022, about an apartment created at this property without the required relief from the Zoning Board of Appeals. To date there has been no relief granted for this apartment. This is a violation of Section 202 of the 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, or in other sections of this bylaw, ff 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. 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 bylmi- shall be fined not more than three hundred dollars (5300.00) fbr each offense. Each day that .such violation continues shall constitute a separate offense. The 30-day appeal period allowed under MGL Ch. 40A § 15 has lapsed. Accordingly, the zoning violation may not be contested, and your compliance is required. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext.1261 Fax 508-398-0836 Office of the Building Commissioner VIOLATION NOTICE 296 Newton Street LLC 296 Newton St Waltham, MA 02453 RE: 68 Horse Pond Rd — apartment in basement This letter constitutes a formal zoning enforcement order under MGL Ch 40A. To Whom it May Concern, July 14, 2022 It has come to the attention of the Building Department that an apartment has been created at this property without the required relief from the Zoning Board of Appeals. This is a violation of Section 202 of the 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, or in other sections of this bylaw. 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. 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.ined not more than three hundred dollars (5300.00) for each offense. Each day that such violation continues shall constitute a separate offense. This is also a violation of Section R105.1 of the Massachusetts State Building code. R105.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment. for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit. 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 ordered to abate and or correct said violations or seek relief from the Zoning Board of Appeals as allowed by MGL Ch 40a §7 & § 15.You are required to respond within 7 days of receiving this letter. You also have the right to appeal this decision with the Zoning Board of Appeals within 30 days of this letter. Question regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth C: Fire Dept. Health Dept.