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HomeMy WebLinkAboutLetter 6/13/24gYAK 0 _ H 'yc�RP0RAl00 St. David's Episcopal Church 205 Old Main St. South Yarmouth, MA 02664 Attn: Reverend Taylor TOWN OF YARMOUTH Office of the Building Commissioner 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1260 Fax 508-398-0836 Re: Violation notice Nelson Hall - rental Dear Reverend Taylor: June 13, 2024 This letter constitutes another notice of your continued violations of the Yarmouth Zoning Bylaws. This letter is a formal notice of your continued violation of my prior orders, which were issued under G.L. c. 40A, §7. Specifically, this office has been notified that on or around June 7, 2024 an event was held at Nelson Hall and the church continues to operate a commercial assembly hall for rent to the public. As previously notified in violation letters dated May 3, 2019, December 12, 2021 and May 11, 2022, this use is a direct violation of the relief granted by the ZBA in Oct. 2002. As previously mentioned, Petition 4 3788, Oct 24, 2002. The petitioner at that time, St. David's Episcopal represented that Nelson Hall would be used for church sponsored events and non-commercial activities and the Special Permit was conditioned upon such representation. You did not appeal the 2019 Order and have not applied for the relief previously specified and as a consequence, are precluded from challenging the merits thereof. Accordingly, you are hereby ordered to immediately abate and or correct said perceived violations or seek further relief from the Zoning Board of Appeals as may be allowed under the Town's zoning bylaws. You are also advised that continued violations of the Town of Yarmouth Zoning Bylaws may result in penalties as described in Section 101.3: 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. You are required to confirm your compliance with this Order within 7 days of receiving this letter. Should you fail to do so, we may be compelled to proceed directly to Court and seek injunctive relief against you. Questions regardin this matter may be directed to this department. Ve Truly, Mark Grylls Building Commissioner C: Town Administrator, Town Counsel St. David's Episcopal Church 205 Old Main Street, South Yarmouth, MA 02664 508-394-4222 Building Commissioner Mark Grylls Town of Yarmouth 1146 Route 28 Yarmouth, MA 02664 06-21-24 Dear Mr. Grylls, I am in receipt of your letter dated June 13 concerning an alleged violation of the Yarmouth Zoning Bylaws. Your letter was received by the parish on June 17. We do not understand how you could make a finding of a violation without investigating the truth of the complaint that was evidently submitted against our parish. The parish is not operating a commercial assembly hall for rent to the public. The parish is in full compliance, and plans to continue in compliance, with the condition of the original ZBA 2002 decision that "The hall will be used for church and church sponsored (non-commercial) activities." There was no event held at Nelson Hall on or about June 7. On June 2 a member of our vestry hosted a graduation party for a niece. This was attended by about 75 people. The party ran from about 2 pm to 6:30 pm. No rental or other fee was charged. This was clearly a church sponsored, non-commercial activity. Please advise if you have any further concerns. Respectfully, Judith A. Lundsten, Warden RECEIVED LJUN 2 4 2024 BUILDING DEPARTMENT BY: ------ CERTIFIED MAIL" RECEIPT Domestic Mail Oniy ar For delivery information, visit our website at www.usps.com". OFFICIAL r-1 C3 Certlfled Mall Fee iti ru $ Extra Smlcw & Fees (dwkbox add fae m Wropdete) © ❑ Return Receipt (tuudcop» $ E ❑ Return Receipt (dectw1c) $ Postmark [] ❑ Cer W Mall Restricted Delivery $ Here d ❑ Adult Sdgnatura Requhed $ ❑ Ad -At S%Pn 10 Restricted Delivery $ �Postage -n Total Postage and Fees p f 5 �-�`'-------=?Lct�G----------------------- o `` -- ---- ; -- n s