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HomeMy WebLinkAboutTrial CourtMASSACHUSETTS U TRIAL COURT NOTICE OF VOLUNTARY DISMISSAL HOUSING COURT DIVISION DOCKET NUMBER SOUTHEAST DIVISION 24H83PC00353CI CASE NAME (Named parties should be listed exactly as they appear on the Complaint filed) [In Matter ofj Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth N-1 Lee A Roberts NOTICE OF VOLUNTARY DISMISSAL Under the provisions of Mass. R. Civ. P. 41(a)(1)(i), the Plaintiff discontinue(s) the above -entitled action and dismisses the Complaint and/or Counterclaims. aWith prejudice (You may not re -file the same claims in a new case). Without prejudice (You may re -file the same claims in a new case). IF APPLICABLE, PLEASE CHECK THIS BOX Defendant agrees to dismiss all counterclaims arising out of this tenancy up to the date of this Notice of Voluntary Dismissal. I swear under the pains and penalty of perjury that all information I provided in this affidavit is true to the best of my knowledge and belief. SIGNATURE OF PLAINTIFF O EIR ATTORNEY SIGNATURE OF DEFENDANT OR THEIR ATTORNEY PRINT OR TYPE PLAINTIFF NAME PRINT OR TYPE DEFENDANT NAME Timothy S Sears PLAINTIFF'S TELEPHONE NUMBER DEFENDANTS TELEPHONE NUMBER 508-398-2231 ext. 1259 PLAINTIFF'S EMAIL ADDRESS DEFENDANT'S EMAIL ADDRESS tsears@yarmouth.ma.us IF APPLICABLE, ATTORNEY B.B.O. NUMBER 1F APPLICABLE, ATTORNEY B.B.O. NUMBER DATE DATE 9/4/2024 HC — Civil — HCO004 (0612023) MASSACHUSETTS NOTICE OF VOLUNTARY z., TRIAL COURT DISMISSAL HOUSING COURT DIVISION DOCKET NUMBER SOUTHEAST DIVISION 24H83PC00352C] CASE NAME (Named parties should be listed exactly as they appear on the Complaint filed.) [In Matter of] Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth IV.] Dennis R Roberts NOTICE OF VOLUNTARY DISMISSAL Under the provisions of Mass. R. Civ. P. 41(a)(1)(i), the Plaintiff discontinue(s) the above -entitled action and dismisses the Complaint and/or Counterclaims. With prejudice (You may not re -file the same claims in a new case). Without prejudice (You may re -file the same claims in a new case). IF APPLICABLE, PLEASE CHECK THIS BOX rl Defendant agrees to dismiss all counterclaims arising out of this tenancy up to the date of this Notice of Voluntary Dismissal. I swear under the pains and penalty of perjury that all information I provided in this affidavit is true to the best of my knowledge and belief. SIGNATURE OF PLAINTIFF O�TH TTORNEY SIGNATURE OF DEFENDANT OR THEIR ATTORNEY PRINT OR TYPE PLAI F NAME PRINT OR TYPE DEFENDANT NAME Timothy S Sears PLAINTIFF'S TELEPHONE NUMBER DEFENDANT'S TELEPHONE NUMBER 508-398-2231 ext. 1259 PLAINTIFF'S EMAIL ADDRESS DEFENDANT'S EMAIL ADDRESS tsears@yarmouth.ma.us IF APPLICABLE, ATTORNEY B.B.O. NUMBER IF APPLICABLE, ATTORNEY B.B.O. NUMBER DATE DATE 9/4/2024 HC — Civil — HC0004 (0612023) ,Importante! ;Traducir! Ennotan! Tradwi! Ouan Trono! rich! NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts CAUSE HEARING 23H83PC00353C1 Housing Court Department CASE NAME Timothy S Sears vs. Lee A Roberts ATTORNEY (OR PRO SE PARTY) TO WHOM THIS CQPY OF NOTICE IS ISSUED fUw"? 64 COURT NAME & ADDRESS Timothy S Sears/ 1146 Route 28 'y 2 r/y oVIA Southeast Housing Court - Barnstable South Yarmouth, MA 02664 139 Hathaway RoadNew Bedford, MA 02740 (508)994-0156 NEXT COURT EVENT 06/03/2024 09:00 AM Probable Cause Hearing Parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 Passcode: 974634 AAA COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA MUST ATTEND ON THE DATE & TIME SHOWN ABOVE Telephone: 646-828-7666 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. A request for criminal complaint has been filed against you in this Court. A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient evidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at (508)994-0156. For all documents that you would like the court to consider you must provide a copy to the other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5) days before your scheduled event by mail or by hand delivery to the clerk's office. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. MAR 13 2014 BUILDING p By -_ EPAkTMENT DATE ISSUED CLERK -MAGISTRATE March 11, 2024 Joseph B. McIntyre wwv. 4 4v44 vvvvvv.i i iaaa.yuviwui w uetet i ime rnmea: u3-11-ZUY4 1ti:21:56 IImportante! ITraducir! Enpotan! Tradwi! Quan Trona! Dich! NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts CAUSE HEARING 23H83PCO0352CI Housing Court Department CASE NAME Timothy S Sears vs. Dennis R Roberts ATTORNEY (OR PRO SE PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME & ADDRESS Timothy S Sears 1146 Route 28 Southeast Housing Court - Barnstable South Yarmouth, MA 02664 139 Hathaway Road New Bedford, MA 02740 (508)994-0156 NEXT COURT EVENT 09/09/2024 09:00 AM Probable Cause Hearing Parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 Passcode:974634 AAA COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA MUST ATTEND ON THE DATE & TIME SHOWN ABOVE Telephone: 646-828-7666 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. A request for criminal complaint has been filed against you in this Court. A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient evidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at (508)994-0156. For all documents that you would like the court to consider you must provide a copy to the other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5) days before your scheduled event by mail or by hand delivery to the clerk's office. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATEISSUED CLERK -MAGISTRATE June 3, 2024 Joseph B. McIntyre MUMIU: uzuzz www.f f ld55.(gowcOurLs uaien ime rnniea: W-W-ZU24 11:11:44 IImportante! ;Traducir! Enndtan! Tradwi! Ouan Trono! niphl NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts CAUSE HEARING 23H83PC00352C1 Housing Court Department CASE NAME Timothy S Sears vs. Dennis R Roberts ATTORNEY (OR PRO SE PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED �1 � f COURT NAME & ADDRESS Timothy S Sears/r-O& 1146 Route 28 y f !-mvp-rh Southeast Housing Court - Barnstable South Yarmouth, MA 02664 139 Hathaway RoadNew Bedford, MA 02740 (508)994-0156 NEXT COURT EVENT 06/03/2024 09:00 AM Probable Cause Hearing Parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 AAA COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA Passcode:974634 Telephone: 646-828-7666 MUST ATTEND ON THE DATE 8r TIME SHOWN ABOVE TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. A request for criminal complaint has been filed against you in this Court. A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient evidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at (508)994-0156. For all documents that you would like the court to consider you must provide a copy to the other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5) days before your scheduled event by mail or by hand delivery to the clerk's office. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. 0 AR 13 13 -?D G pEp .. DATE ISSUED CLERK -MAGISTRATE March 11, 2024 Joseph B. McIntyre 41-44 WWVV.I iiaaa.yuwcvU1 iZI uacei i ime rnniea: W-71-aeW4 Ib:US:45 iI mportaute! Enphtan! '7'radwi! Quan 'I'rono! Dich! NOTICE OF PROBABLE DOCKET NUMBER Trial t:UErrt of Massachusetts CAUSE HEARING 23H83PC00353C! Housing Court Department li CASE NAME --------._--- —� - Timothy S Sears vs. Lee A Roberts ATTORNEY (OR PRO SE PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED Timothy S Sears 1146 Route 28 South Yarmouth, MA 02664 COURT EVENT 11/06/2023 09:00 AM Probable Cause Hearing AAA COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA MUST ATTEND ON THE DATE & TIME SHOWN ABOVE COURT NAME & ADDRESS Southeast Housing Court - Barnstable ".195 Main Street, Fourth Session Barnstable, IVIA 02630 (508)994-0156 Parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 Pa sscode: 974634 Telephone: 6 46-82 8 -7666 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above A request for criminal complaint has been filed against you in this Court.. A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient evidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, bring witnesses, and be represen ed by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at (50E,)994•-0156. For all documents that you would like the court to consider you must provide a copy to the! other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5) days before your scheduled event by mail or by hand delivery to the clerk's office. To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED October 17, 2023 CLERK -MAGISTRATE Joseph B. McIntyre HCO030:2/2022 WVjW masc nrn ilrytportante! i'I'raducir! G1ip6ta11! '-Frad-wi! Qtutri 7rglig! Dich! NOTICE OF PROBABLE DOCKETNUM8ER Ti -ial Court of Massachusetts CAUSE HEARING 23H$3PC00352C1 _ Housing, Court Department Timothy S Sears vs. Dennis R Roberts ATTORNEY (OR PRO SE PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED Timothy S Sears 1146 Route 28 South Yarmouth, MA 02664 NEXT COURT EVENT 11/06/2023 09:00 AM Probable Cause Hearing AAA COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA MUST ATTEND ON THE DATE 8, TIME SHOWN ABOVE COURT DAME & ADDRESS Southeast Housing Court- Barnstable 3195 (Main Street, Fourth Session Barnstable, MA 02630 (508)994-0156 Parties roust appear at:� Zoom Virtual Court Event Meeting ID: 161 980 3292 Passcode:974634 'relephon e: 646-828-7666 TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above A request for criminal complaint has been filed against you in this Court. A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient evidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, bring witnesses, and be represened by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. If this case has resolved, please contact the Clerk's Office immediately at (508)994•-0158. For all documents that you would like the court to consider you must provide a cope to the other side at least five (5) days before your scheduled event. If your event will take place in person, provide your documents to the court at the time of your scheduled event. If your event will take place virtually, you must provide the court copies of your documents at least five (5) days before your scheduled event by mail or by hand delivery to the clerk's office, To help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. ISSUED CLERK -MAGISTRATE October 17, 2023 1 Joseph B. McIntyre HC0030.212022 www.mass.gov/courts ��� Datell'imePrinted: l0- Need art Interpreter or Reasonable Accommodation? \L . if you have trouble participating in a court event or need a free Interpreter or reasonable accommodations, please call (S08)-677-1S05. Connecting to Zoom How to connect witty the Court virtually You can connect to your hearing Eking the Zoom app, you can connect with court personnel through the Zoom app. Zoom is remotely through the Courts virtual counter. For example, you available both by computer and by may ask questions, get information about your case, and seek phone. general procedural guidance. For more information: Availability Monday through Friday on Zoom, hjw_wwrnass.gov/infq- Virtual Meeting det-�lremotevirgml-court-services Flousiii Specialist Department 1604252462 018447 Need Help? Clerk Magistrate's Office 161549 3568 124593 Contact the Court and notify court You can also access the virtual counters by telephone C646) 828-7666 and entering the staff if you do not have access to Zoom above Meeting ID and pasword. ' or having difficulties logging on. Please call (508)-677-1505. Tenancy Preservation Program The Tenancy Preservation Program (TPP) is a program that works with tenants, -TIPS ON USING Z001M including families with children, facing eviction as a result of behavior related to a Make sure you testyour online disability. TPP functions as a neutral party and works with the property owner and connection and video f audio an the tenant to determine whether the disability can be reasonably accommodated, and Zoom app the date of your court the tenancy preserved. To contact TPP, please call: eve; t. www.helpfbms.org Plymouth: (508)-930-5667 Fail River: (508)-208-5906 Barnstable; (508)-994-9233" New Bedford: (508)-942-0369 Taunton:(781)=267-3594 Smartphone Other Agencies & Programs,. 1. Go to your app store 2. Look for "Zoom Cloud Meetings" Bristol County Elder Services: (508)-675-2101 3. Click Download 4. Create an account Catholic Social Services: (508)-674-4681 5. Click join Meeting 6. Enter Meeting ID Renew Collaborative Pilot Program: (508)-208 2223 7. Enter Passcode Kingston NelghborWorias Housing Solutions Computer Ei www.nhsmass.org (781) 422-4204 I- Go to https!//zoomgov.com 2. Click join Meeting Housing Assistance Corporation of Cape Cod (HAC) 3. Enter Meeting ID www.haconcapecod.org 4. Enter Passcode (508) 771-5400 Land lineiTelephone For other agencies in your area, go to: www.hedfuel.azurewebsites.net 1. Call (646)828-7666 (Zoom Court Service Center phone number) Court Service Centers help people navigate the court system, but do not provide 2. When prompted dial the legal advice. Centers are available to assist you with filling out court documents Meeting 1D and guiding you through the court process. All of the services in the Court Service 3. when prompted dial the Centers are free. You can learn more about the Court Service Center at: Passcode https://www,mass.gov/lnfb-details/learn-about-court-service-centers o Status hearing to be scheduled and held within six months (180 days) from initial hearing date, and every six months (180 days) thereafter, until case is dismissed. 25 CRIMINAL A.CTIONS26 o Show Cause Determination • Hearing to be scheduled and commenced within one month (30 days) from date application for Criminal Complaint filed. The clerk -Magistrate -shall have the discretion ntinue l for a reasonable period at the request of either party for good causese shown. • Clerk -Magistrate to render show cause determination within Seven (7) days of completion of hearing- • mplaint to issue within.7 daysho`V Summons and crunixtal co cause determination. a judge reasonable period aall have the t to the request of continue the hearing for either party for good cause shown. 'S if the plaintiff does not appear at the status hearing, the case will be dismissed. 16 The Massachusetts Rules of Crm�u�al Procedure do not explicitly govern criminal proceedings in the Housing Court. See, Mass.R.Crim.P., Rule t(b). Neverthelessto those rules for , ilie mousing Court looks guidance where appropriate. The time standard pertaining to criminal actions steal[ be applied withdue, u cconsideration o esis d to tinsuref fact that ? to criminal matters that come before it, the Housing CourCs p p 1 fuilding, santre or other safety codes. The property is brought into compliance with applicable hcald'ublic health and siLaryafety rather than to punish past primary purpose of code enforcement is to protect the p violations as criminal offenses, Cornunorswealfh V. Madi 351 Mass. plic ble tat tes, in 681; including Les an. - -- ---- However, tlio'fiill range of _criminal sanctions set forth in the applicable statutes, including fuzes an incarceration, are available, to the Court in appropri-atc cases. if it is found that the criminal offense charged was .not willful, intentional, reckless or rcpcato'd. the procceding shall not be deemed criminal and no row 62 66-68, 337 N.E2d 904 908(1975). the case shall be entered in the tron records. C.L, c.185C, § 19; Cammcrrrwcayh v. Qfr va 364 lus ss lied b the court vAth duo coasi0cration for Tbc time standards pertaining to eruninal actioeu eludE be applied Y the above stated principles, ead with due consideration to the possibility that. ccctain code enfo=rricnt cases should be doomed civil and made subject to the civil action time standards provisions. COMMONWEALTH OF MASSACHUSETTS Barnstable County, SS. Housing Court Department The Southeastern Division j Bristol, Plymouth & Barnstable Counties t NO (Criminal) COMPLAINT To the Housing Court department, Southeastern division, for the transaction of criminal business: 1, Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth Building Department, complain under oath that: Dennis R Roberts & Lee A Roberts are the Owners of a dwelling located at 14 Shannon Court in the Town of Yarmouth. An authorized representative of the Town of Yarmouth examined the dwelling/property on 8/20/2021. The inspection revealed that the dwelling/property did not comply with the provisions of the State Building Code, 780 CMR 51.00 (Massachusetts Residential Code). The Defendant was served pursuant to Section 114.2 of the Code on or about, 8120/2021,1/19/2023, 3/24/2023, 9/15/2023 and that the Defendant has willfully, intentionally, recklessly, or repeatedly failed to comply with the order from the date of being served with the order to and including the date of the complaint. The violations on each of the above referenced days are a separate offense and is a separate and distinct count of this complaint with the above language being incorporated by reference in each count. Timothy S Sears, Complainant TAKEN AND SWORN TO, this 29th day of Sept. 2023 SUMMARY OF MATERIAL FACTS • INSPECTOR VIEWED WORK UNDERWAY WITHOUT PERMITS ON AUGUST 20, 2021- VIOLATION NOTICE MAILED (EXHIBITA) • BUILDING PERMIT APPLICATION RECEIVED OCTOBER 22, 2021 (EXHIBIT B) • REQUEST FOR ADDITIONAL INFORMATION IN EMAIL EXCHANGE NOVEMBER 8, 2021- NOVEMBER 12, 2021. FOLLOW UP EMAIL JANUARY 6, 2023 (EXHIBIT C) ® SECOND VIOLATION LETTER MAILED JANUARY 19, 2023, WITH NON -CRIMINAL BUILDING CODE TICKET $500 - PAID ON FEBRUARY 13, 2023 (EXHIBIT D) ® THIRD VIOLATION NOTICE MAILED MARCH 24, 2023, WITH NON- CRIMINAL BUILDING CODE TICKET $1000 - NOT APPEALED OR PAID TO DATE (EXHIBIT E) ® LETTER OF IMPENDING COURT ACTION MAILED SEPTEMBER 15, 2023 (EXHIBIT F) • PROPERTY RECORD CARD (EXHIBIT G) • MAILING RECEIPTS (EXHIBIT H) EXH I BIT A TOWN OF YARMOL _ __ 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext.1261 Fax 508-398-0836 Office of the Building Commissioner STOP WORK ORDER ZONING VIOLATION Lee & Dennis Roberts 121 Fox Run Drive Ludlow, MA 01055 August 20, 2021 RE: 14 Shannon Court— Interior renovation (full gut), utility structure with all new plumbing and electrical services, two outer decks - without permit. Dear Sir Roberts; This letter constitutes an Official Stop Work Order. While conducting inspections in the neighborhood we identified work being done. Your residents is under renovations walls being closed in, doorways being changed, and walls being added. Bathroom, Kitchen, utility structure with all new plumbing and electrical, two outer decks encroaching the setbacks. All without the required permits. Building, electric, plumbing, permits are required. 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 94A. Each day constitutes a new violation. To remedy these violations make proper application for the required building permits, and receive a building permit for these violations. You have built two decks without the benefit of a building permit. Your property is located in an R-25 zoning district which requires any structure 15 feet from the side setback, and 30 feet from the front setback 20 feet from rear setbacks. 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 M 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. 101.3 Penalties. Any person violating any of the provisions of this bylaws shall be fined not more than three hundred ($300.00) for each offense. Each day that such violation continues shall constitute separate offense. You are required to respond within 7 days. Questions regarding this matter may be directed to this department Very truly Ink J Local Inspector Town of Yarmouth EXHIBIT ONE & TWO FAMILY ONLY- BUILDI Town of Yarmouth Building Departm. _ 1146 Route 28, South Yarmouth, MA. 02664-4492 508-398-2231 ext. 1261 Fax 508-398-0836 Massachusetts State Building Code, 780 CMR Building Permit Application To Construct, Repair, Renovate Or Demolish a One- or Two -Family Dwelling Building Permit Number: This Section For Official Use Date Applied: �� BUILDING DE BuildingOfficial tly' {Print Name) Signature Date SECTION 1: SITE INFORMATION- 1.1 P o ty Address: 1.2 Assessor Map & Parcel Numbers n +� 1.1 a Is this an accepted street? yes no Map Number Parcel Number 1.3 Zonin I ormation: 1.4 Pr er Dimensions: Ig ZonE is ict Proposed Use Lot Areas (q ft) Frontage (ft) 1.5 Building Setbacks (ft) Front Yard Side Yards Rear Yard Required Provided ir Re aed �.. q ir Provided ! Required Provided 1.6 Water Su I ., age pp y: (M.G.L c. 40, §5�) 1-7 Flood Zone Information: 1.8 Sewage Disposal System: Public W"r Private ❑ Zone: Outside Flood Zone? Check if yes❑ Municipal ❑ On site disposal system EK SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner' of Record: { // Name (Print) City, State, ZIP AAA l2t Fax l�,utt bti�f� 4f13-S31.1o35s ;ll; m obe S��r�-{ric.� No. and Street Telephone P Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK' (check all that apply) New Construction ❑ Existing Buildin; Owner -Occupied Repairs(s) Alteration(s) Addition ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units Other ❑Specify; Brief Description of Proposed Work. - SECTION 4. ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: (Labor and Materials) Official Use Only 1. Building permit Fee: S indicate how fee is determined: g EElectrical $ 3-5i OVo,— S ❑ Standard City/Town Application Fee ` ` ❑ Total Project Cost' I m 6) x multiplier x 3. Plumbing $ .-- '). Other Fees: $ 4. Mechanical (HVAC) $ List: 5. Mechanical (Fire O Suppression) Total All Fees: $ 6. Total Project Cost: $ 5-� Check No. Check Amount: Cash Amount: o t �U. ❑ Paid in Full ❑ Outstanding Balance Due: " SECTION S: CONSTRUCTION SERVICES 5.I Construction St ervisor License (CSL) bass AYAL Name of CSL Holder License Number Ex ratio Date List CSL Type (see below) No. and Street Type Description d D Unrestricted (Buildings up to 35,1 City/TMn, State, ZIP R Restricted f 4c2 Family Dwe]Iin M Masonry RC Rooftna Coverin WS I Windnw n-q z;.77... � SF Solid Fuel Buming Appliances Tele hone ODSk ' �� I .Insulation Email address D Demolition 5.2 Registered Home Improvement Contractor (HIC) _ Avin 0�os 11 HIC Company Name or HIC Registrant Name `—� HIC Registration Number Exp atio Date r No. and Street 7O O S m ► + Er address Ci /Town, State, ZIP A,Y r,.n CL T_ _ . - SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT QVI.G.L. c.152. § 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result is the denial of the Issuance of the building permit. Signed Affidavit Attached? yes .......... p SECTION 7a: OWNER AUTI30RIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PER TIT I, as Owner of the subject property, hereby authorize QS /. Ili 4" Ir to act on my behalf in all matters relative to work horized by this building permit,application. �Iti/tS Print Owner's Name (Electronic Signature) Y f Date SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION By entering my name below, I hereby attest under the pains and penalties of perjury- that all of the information contained iu this application is true and accurate to the best of nay knowledge and understanding, s or Authorized Agent's Name (Electronic Signature) c i ate NOTES: l . An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor (HIC) Program), will nor have access to the arbitration program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program can be fotutd at www.mass.sovIota Information on the Construction, Supervisor License can be found at WWW.MQL.gov/dp aov/dp ?. When substantial work is planned, provide the information below: Total floor area (sq. ft.)—GICL--_ -- (including garage, finished basement/attics Gross living area (sq. ft.) , decks or porch) Number of fireplaces � Habitable room count Number of bathrooms j Number of bedrooms Type of heating systertiNumber of half/baths r µ -- Type ofcooling system S —E4 Pump, Number of decks/ porches i • Enclosed Open )e`� 3. "Total Project Square Footage" maybe substituted for "Total Project Cost" Attention! This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. I will call you in 2 weeks to check the status of my building permit. Glad to hear you had a nice vacation when I was in your office today. Thanks Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 Q 413-530-0368 O: 413-596-2868 F: 413-596-2869 Lee@wi ]liamrobertselectriacom <image003. jpg> To: Sears, Tim <tsears _yarmouth.ma.us> Subject: RE: 14 Shannon Court Yes, the deck will be totally removed. Included in the application was a quote for landscaping in place of the deck. Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C: 413-530-0368 O: 413-596-2868 F:413-596-2869 Lee williamrobertselectric.com <image002. jpg> - Original Message --------- Subject: RE: 14 Shannon Court From: "Sears, Tim" <tsears@yarmouth.ma.us> Date: 11 /8/21 11.04 am To: "lee@williamrobertselectric.com" 1 Qee@williamrobertselectric.com> Lee, I am in the process of reviewing your application, I know we had conversation about the existing deck. That deck is going to be totally demolished correct? Regards, Timothy Sears CBO Deputy Building Commissioner Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@yarmouth.ma.us From: lee@williamrobertselectric.com [mailto:lee@williamrobertselectric.com] Sent: Friday, November 5, 20214:41 PM To: Sears, Tim <tsears@yarmouth.ma.us> Subject: 14 Shannon Court --------- Original Message --------- Subject: RE: 14 Shannon Court From: "Sears, Tim" -tsears@yarmouth.ma.us> Date: 11/9/21 8:17 am To: "Lee Roberts" <lee@williamrobertselectric.com> Cc: "Inkley, Brad" <binklev_@yarmouth.ma.us> That works From: Lee Roberts [mailto:lee@williamrobertselectric.com] Sent: Monday, November 8, 2021 6:11 PM To: Sears, Tim <tsears@yarmouth.ma.us> Cc: Inkley, Brad <binkley_@yarmouth.ma.us> Subject: Re: 14 Shannon Court Thank you Tim. Our contractor told us we are going to have to install 2 5-foot precast sonar tubes at the 2 front corners of the utility bump out. ,ee Roberts Wm. Roberts Electric Co., Inc. 113-530-0368 lent from my iPhone On Nov 8, 2021, at 2:47 PM, Sears, Tim <tsears@yarmouth.ma.us> wrote: Lee, It appears that the utility bump out is larger than what is shown on the assessors card from the pictures we have of the current condition. It will require a code compliant foundation because it is attached to the dwelling. Please advise, Timothy Sears CBO Deputy Building Commissioner Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears(@yarmouth.ma.us From: lee@williamrobertselectric.com [mailto:lee@williamrobertselectric coma Sent: Monday, November 8, 2021 11:59 AM 1 O: 413-596-2868 F: 413-596-2869 Lee ,williamrobertselectric cony WM. Roberts ELECTRIC CO-,INC. est.1987 Original Message --------- Subject: RE: 14 Shannon Court Porn: "Sears, Tim" <tsears@yarmouth.lna.us> (Date: 11/9/21 12:01 pm To: "lee@williamrobertselectric.com" <tee@williamrobertselectric.com> I'm not sure if I handed this packet out at the counter, or not. I We need the worksheet filled out along with the affidavits signed and notarized. mothy Sears CBO IDeputy Building Commissioner (Town of Yarmouth 508-398-2231 Ext. 1259 1 mailto:tsears@yarmouth.ma.us From: lee@williamrobertselectdc.com [mailto:lee@williamrobe rtselectric.com] Sent: Tuesday, November 9, 2021 8:29 AM To: Sears, Tim <tsears@yarmouth.ma.us> Cc: Inkley, Brad <binkley-@yarmouth.ma.us> Subject: RE: 14 Shannon Court Thank you. Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C:413-530-0368 0:413-596-2868 F: 413-596-2869 Lee @ williamrobertselectrie.com Roberts ELECTRIC CO.,INC. est.1987 (Date: 11/10/21 9:57 am To: "Sears, Tim" <tsears@yarmouth.ma.us> Cc: "Dennis Roberts"<dennis@williamrobertselectric.com> Good Moming Tim, Yes, you did hand me this paperwork during one of my visits to your department. Why do we need to complete this packet? Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C: 413-530-0369 0:413-596-2868 F:413-596-2869 WM. Roberts ELECTRIC C©., NQ est.1987 Original Message--------- 1 Subject: RE: 14 Shannon Court From: "Sears, Tim" <tsears@yarmouth.ma.us> ;Date: 11/9/21 2:00 pm To: "lee@williamrobertselectric.com" Qee@williamrobertselectxic.com> From: lee@w)lllamrobertselectric.com [mailto:lee@williamrobertselectric.com] Sent: Tuesday, November 9, 2021 12:20 PM To: Sears, Tim <tsears@yarmouth.ma.us> Subject: RE: 14 Shannon Court Thank you Tim. Would you email to me a copy of our permit application? Our copies are at the cottage. Thanks for your help with this request. Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C:413-530-0368 --------- Original Message --------- Subject: RE: RE: 14 Shannon Court From: "Sears, Tim" <tsears@yarmouth.ma.us> Date, 11 / 12/21 3 :21 pm �To: "lee@williamrobertselectric.com" <iee@williamrobertselectric.com> Lee, (As I stated in my previous email; We need the worksheet filled out along with the affidavits signed and notarized. Timothy Sears CBO Deputy Building Commissioner Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@yarmouth.ma.us From: fee@williamrobertsefectric.com [mailto:lee@wiliiamrobertselectric.com] Sent: Friday, November 12, 2021 1:17 PM To: Sears, Tim <tsears@yarmouth.ma.us> Subject: FWD: RE: 14 Shannon Court Tim, I'm re -sending this email in case it did not reach you. Please see below. Thank you Lee Roberts Nm. Roberts Electric Co., Inc. 1 Railroad Ave Wilbraham, MA 01095 413-530-0368 413-596-2868 413-596-2869 xeO.williamrobertselectric.corn WM. Roberts ELECTRIC 00.,Ih1C. est.1987 ------ Original Message --------- Subject: RE: 14 Shannon Court From: "lee williamrobertselectnc.cozn" <lee@williamrobertselectric.com> Re: RE: 14 Shannon Court Sears, Tim <tsears@yarmouth.ma.us> Fri 1/6/2023 9:25 AM To:'lee@williamrobertselectric.com' <lee@williamrobertselectric.com> Lee, This application is still here waiting for information. This address is still in violation, and we need to get this cleared up. Please advise Timothy Sears CBO Deputy Building Commissioner Town of Yarmouth 508-398-2231 Ext. 1259 mailto:tsears@yarmouth.ma.us From: Sears, Tim Sent: Friday, November 12, 2021 3:44 PM To:'lee@williamrobertselectric.com' <lee@williamrobertselectric.com> Subject: RE: RE: 14 Shannon Court All applications for permits that are located in a flood zone are required to fill out this paperwork. From: lee@williamrobertselectric.com [mailto:lee@williamrobertselectric.com] Sent: Friday, November 12, 2021 3:27 PM To: Sears, Tim <tsears@yarmouth.ma.us> Subject: RE: RE: 14 Shannon Court Why is it needed? Lee Roberts Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C:413-530-0368 0: 413-596-2868 F:413-596-2869 LeeO.williamrobertselectric com M. Roberts ELECTRIC CO.,INC: est.1987 TO 1146 Route 508-398-22, Office of MATT-,rtes�.: OUTH th, MA 02664 08-398-0836 Emissioner 2 nd VIOLATION NOTICE Dennis R Roberts Lee A Roberts 121 Fox Run Dr Ludlow, MA 01056 RE: 14 Shannon Court — work without permit Dear Mr. Roberts, ■ r u January 19, 2023 The Building Department has been in contact with you in a letter dated August 20, 2021, about work that was done without a permit at this address. An application was received on October 22, 2021, which required additional information. This permit has not been issued to date and there has been no response to a follow up email sent on January 6, 2023. This is 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 78OCMR is subject to fines and penalties as prescribed in MGL CH 143 section 91. Each day constitutes a new violation. To remedy this violation, make proper application for the required building permits and receive a building permit for this violation. You are required to respond within 7 days of receipt of this notice. Questions regarding this matter may be directed to this department Very Truly, r Tim Sears CBO Deputy Building Commissioner Town of Yarmouth