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Home My WebLink AboutTrial Court PaperworkNOTICE OF PENDING COURT ACTION Dennis R Roberts Lee A Roberts 121 Fox Run DR Ludlow, MA 01056 RE: 14 Shannon Court — Single Family Home Violations Dear Mr. Roberts, September 15, 2023 The Building Department has issued you violation letters on 8/20/21, 1/19,23, and 3/24/23 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 45-day appeal period allowed by M.G.L. C. 143 § 100 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 @MASSACHUSETTS TRIAL COURT NOTICE OF VOLUNTARY DISMISSAL HOUSING COURT DIVISION F24H83PCO0353CI OCKET NUMBER SOUTHEAST DIVISION CASE NAME (Named parties should be listed exactly as they appear on the Complaint riled.) [In Matter oq Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth IV.] 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. ✓0 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 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 d 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 DEFENDANTS EMAIL ADDRESS tsears@yarmouth.ma.us IF APPLICABLE, ATTORNEY B.B4O. NUMBER IF APPLICABLE, ATTORNEY B.B.O. NUMBER DATE DATE 9/4/2024 v-vlvll-IIVVVVT ,VV/LVLJJ MASSACHUSETTS TRIAL COURT NOTICE OF VOLUNTARY DISMISSAL HOUSING COURT DIVISION DOCKET NUMBER SOUTHEAST DIVISION 24H83PC00352CI CASE NAME (Named parties should be listed exactly as they appear on the Complaint filed.) [In Matter ot] 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 -fife 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 OR 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 DEFENDANTS EMAIL ADDRESS tsears@yarmouth. ma. us IF APPLICABLE, ATTORNEY B.B.C. NUMBER IF APPLICABLE, ATTORNEY B.B.O. NUMBER DATE DATE 9/4/2024 HC - Civil - HCO004 (06/2023) IImportante! ITraducir! Enpotan! Tradwi! Quan Trong! Dich! 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 PROSE PARTY) Tt (OMTHIS COPY OF NOTICE IS ISSUED COURT NAME & ADDRESS Timothy S Sears/ �i- 1146 Route 28 Y t'-/;t a Southeast Housing Court - Barnstable South Yarmouth, MA 02664 139 Hathaway Road New 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 PRO SE PARTY) n^^ TePe lephon : e974634 MUST ATTEND ON THE DATE & TIME SHOWN ABOVE phone: 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. �iec vt:D MAR 13 2024 a , DING DSpA RTMENT DATE ISSUED CLERK -MAGISTRATE March 11, 2024 Joseph B. McIntyre HCO030: 2/2022 www.mass.gov/courts Daterrime Printed: 03-11-2024 16:21:56 ;Importante! ;Traducir! Eupdtan! Tradwi! Ouan Trona! Dich! 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 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. DATE ISSUED CLERK -MAGISTRATE June 3, 2024 Joseph B. McIntyre "luu.W. ,wcucz www.l i iaZ)S.yU V1W U1 l5 uawi i ime rnmea: u0-U3-2O24 11:11:44 ilinportante! iTraducir! Enpotan! Tradwi! Quan Trong! Dich! NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts 011 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 COURT NAME & ADDRESS Timothy S Sears r.O& /I .5f 1146 Route 28 Y s r/hoL� Southeast Housing Court - Barnstable South Yarmouth, MA 02664 139 Hathaway Road New 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 Telephone 974634 Telephone: 646-828-7666 MUST ATTEND ON THE DATE & 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. MAR �•- D 13?42� DATE ISSUED CLERK -MAGISTRATE zz March 11, 2024 Joseph B. McIntyre HCO030: 2/2022 www.mass.gov/Courts Date/Time Printed: 03-11-2024 16:08:45 ilinportante! iTr clucir! Enp6tati! rf.'radAvi! Quart 't'rong! Dieh! NOTICE OF PROBABLE DOCKET NUMBER Trial Goul't of Massachusetts CAUSE HEARING 23H83PC00353C1 Housing Court Department t CASE NAME --- -- -- --- - - -- _. Timothy S Sears vs. Lee A Roberts JEY (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 Ann COUNSEL FOR ALL PARTIES (OR PROSE PARTY) AAA MUST ATTEND ON THE DATE & TIME SHOWN ABOVE COURT 14AME 8, ADDRESS Southeast Housing Court - Barnstable 195 Main Street, Fourth Session Barnstable, MA 02630 (508)994.-0156 Parties rnust appear at: 'Loom Virtual Court Event Meeting ID: 161 980 3292 Passcode: 974634 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 repr'esen'l-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 (50t)394• 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 October 17, 2023 CLERK -MAGISTRATE Joseph B. McIntyre HCO030: 2/2022 www.maSs. ilmportante! (1,raducir! Enpeitan! 'J'rad-wi! Quan "['rote! Dich! NOTICE OF PROBABLE DOCKET NUMBER Trial', Couht of Massachusetts CAUSE HEARING 23H83PC00352C1 Housing ('Dort 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 & TIME SHOWN ABOVE COURT NAME & ADDRESS Southeast Housing Court- Barnstable 3195 Main Street, Fourth Session Barnstable, MA 02630 (508) 994-0156 Parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 Passcode:974634 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 represenred 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 COLIrt 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 October 17, 2023 CLERK -MAGISTRATE Joseph B. McIntyre HC0030. 212022 www. mass. Need art Interpreter or Reasonable Accommodation? if you have trouble participating in a court event or need a free Interpreter or reasonable able accommodations, please call (508)-677-1505. Connecting to Zoom How to connect with the Court virtually You can connect to your hearing Using the Zoom app, you can connect with court personnel through the Zoom app. Zoom is remotely through the Courrs 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 ort Zoom:: h ss .mass. v in o- detailsrematevirhial court-servicesVirtual Counter tD Password 4 Housing Specialist Department 160 42��Need Help? Clerk Magistrate's office 16154593 Contact the Court and notify court You canalso access the virtual counters by telephone (646) 828-7666 and entering the staff if you do not have access to Zoom above Meeting 1D and password. ' or having difficulties logging on. Please tali (508)-677-1505. Tenancy Preservatidn Program TIPS ON USING ZOOM The Tenancy Preservation Program (TPP) is a program that works with tenants, including families with children, facing eviction as a result of behavlor 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/audio on the tenant to determine whether the disability tan be reasonably accommodated, and Zoom app the date ofyour court the tenancy preserved. To contact TPP, please call. - event www.helpfbms.org Plymouth: (508)-930-5667 Fall River: (508)-208-S906 Smartphone Barnstable: (508)-994-9233' New Bedford: (508)-942-0369 Taunton:(781)-267-3594 tither Agencies & Programs: 1. Go to your app store 2. Look for "loam Cloud Meetings" Bristol County Elder Services: (508)-05-2101 3. Click Download '4. Create an account Catholic Social Services: (508)-674-4681 5. Click Jain Meeting 6. Enter Meeting ID Renew Collaborative Pilot Program: (508)-2082223 7. Enter Passcode Kingston NeighborWorks Housing Solutions Computer www.nhsmass.org (781)422-4204 1. Go to https://zoomgov.com 2. Clickjoin Meeting 3. Enter Meeting ID Housing Assistance Corporation of Cape Cod (HAC) www.haconcapecod.org 4. Enter Passcode (508) 771-5400 Land line/Telephone 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 ID 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 httlis:/LlDnv-.mass.eov/lnfo-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.75 CRIMINAL AACTIUNS26 o Show Cause Determination • Hearing to be scheduled and comrr+enced within one month (30 days) from date application for Criminal Complaint filed. The Clerk -Magistrate -shall have the discretion to continue the hearing for a reasonable period at the request of either party for good cause Shown. • Clerk -Magistrate to render show cause determination within seven (7) days of completion of hearing. Summons and cri rninal complaint to issue within 7 days of show cause determination. The judge shall have the discretion to continue the hearing for a reasonable period at the request of either party for good cause shown. zs if the plaintiff does not appear at the status hearing, the case will be dismissed. 16 The Massachusetts RI'les of Criminal Procedure do not explicitly govern criminal proceedings in the Housing Court. See, Mass.R.Crirn_P_, Rule 1(b). Nevertheless, the Housing Court looks to those rules for guidance where appropriate. The time standard pertaining to criminal actions shall be applied twit duecto e is to tinsu of that fesident al to criminal matters that come before it, the Housing Court's principal ve, or other safety codes. The property is brought into compliance with applicable health, building, sanitary, primary purpose of code enforcement is to protect the public health and safety rather than to punish past violations as criminal offenses, Corrunanwealeh v. Had! 35! 1Ffasa applicable, ble, tat te E �d 68I, gf {e an ---Howcvcr,-tlic=full range of criminal sanctions set forth in the applicable statutes, including fines and incarceration, arc available to the Court in appropri,�Lte cases• reckless or If it is found that the criminal offense charged�d of the wcase, shall tba ontercd in the probation reco ds. proceeding shall not be deemed criminal and rero G.L. c.185C, § 19; Conur�arrweaUh x Ofina S64 Mass. shall ; , applied b the court with due coasiii=dOn for The trine standards pertaining to criminal actions chap be applied Y the above anted principles, and with due consideration to the possibility tfaat ccrtaln c enforoernent cases should be dectned civil. and made subioa to the alvil action time etmdards po COMMONWEALTH OF MASSACHUSETTS Barnstable County SS Housing Court Department The Southeastern Division j Bristol, Plymouth & Barnstable Counties 1 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, 8/20/2021,1/19/2023, 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. -7 Timothy S Sears, Complainant TAKEN AND SWORN TO, this 29th day of Sept. 2023 SUMMARY OF MATERIAL FACTS Pei • 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 S, 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) In MAILING RECEIPTS (EXHIBIT H) EXHIBIT 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 &§ 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 Local Inspector Town of Yarmouth EXHIBIT B 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 WA Building Permit Application To Construct, Repair, Renovate Or Demolish a One- or Two -Family Dwelling E I This Section For Official Use Only Building Permit Number: Date Applied: BUILDING DEP BuildingOfficial By: (Print Name) Signature Date SECTION 1: SITE INFO RWATION 1.1 P o ty Address: 1.2 Assessor Map & Parcel Numbers �. e`er Map Number Parcel Number I.1 a Is this an accepted street? es P y no 1.3 Zonin I ormation: 1..4 Pr er - Dimensions: Zom is tct Proposed Use Lot Area (sq ft)� Frontage (ft) 1.5 Building Setbacks (ft) Front Yazd Side Yards Rear Yard Required Provided Required q Provided Required Provided S l.6 VVateOr Su 1 / pp y: (M.G.L c. 40, §5�) 1.7 1'food Zone Information: 1.8 Setivage Disposal System: Zone: Public 5d Private ❑ _ Outside Flood Zone? Check if yes❑ Municipal ❑ On site disposal system Elr' SECTION 2: PROPERTY OWNERSHIPt 2.1 Owner' of Record: � bC, �... �. �d,L� v� n� A a o� Name (Print) City, Stale, ZIP bh e' V1 V5 , y t 2( Fox (�un b � ��l'�. '413- 531 • &355 WI- .rn sober-i-s�l ec�rrc. c�, No. and Street Telephone P Email Address SECTION 3: DESCRIPTION OF PROPOSED WORK' (check all that apply) Existin;EBuilding, Owner -Occupied Repairs(s) Alteration{s) Addition ❑ New Construction HA Demolition ccessoldg. Number of Units Other ❑Specify: Brief Description of Proposed Work'. e1t1 ' n rrt c n c-oaIt �N . SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: (Labor and Materials) Official Use Only 1. Building S 3.5ti Goo,,.-.. 1. Building Permit Fee: $— Indicate how fee is determined: ❑ Standard City/Town Application Fee 2. Electrical S ', �-" ❑ Total Project Costa I m 6) x multiplier x 3. Plumbing � .— 2. Other Fees: S List: 4. Mechanical (HVAC) S 71, o 5- Mechanical (Fire Su ression) $ Total All Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ s� 1 O cV. -- 0 Paid in Full 11 Outstanding Balance Due- V E 302' .RTMENT SECTION 5: CONSTRUCTION SERVICES 5.I Construction S ervisor License (CSL) Goss A Name of CSL Holder 2 ST/Ls�^ No. and Street ULEY1 I olyn, State, ZIP License Nu9707 mber List CSL Type (see below) Type Description L1 Unrestricted (Buildin sup to 35,000 cu. WS Window and Siding SF Solid Fuel Burning Appliances �"'��'-'' — Insulation Telephone Email address " 5.2 Registered Home Improvement Contractor (HIC) D Demolition Avih VJagoe, t HIC Company Name or HIC Registrant Name HIC Registration Number Exp atio Date rJAI No. and Street Email address Ci /Town, State, ZIP fii e.a a SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT (1VI.G.L. c. 152. § 25C(6)) Workexs Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes .......... ❑ No ........... Cl SECTION 73: OWNER AUTHORIZATION TO BE COjN1p1,ETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner of the subject property, hereby authorize 0.6 / 1141.Mo r to act on my behalf, in all matters relative to work horized by this building permit.application. Print Owner's Name (Electronic Signature) -- 2 Date SECTION 7b: OWNER3 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 in this application is true and accurate to the best Of MY knowled;e and understanding. r Print Owners or Authorized Agent's Name (Electronic Signature) ate NOTES: I . An Uwner who obtains a building permit to do his/her own work, or an owner who hires au tnnregistered contractor (not registered in the Home Improvemeat Contractor (HIC) Program), will not have access to the arbitration program or guaranty fund under M.G.L. c. 142A. Other important informatlon on the HIC Program can be found at www.mass.eov/oca Information on the Construction Supervisor License can be found at www.mass.Qov/d s 2. When substantial work is planned, provide the information below: Total floor area (sq. ft.) I , (including o Gross living area{sq: ft.) garage, finished basement/attics; decks or porch} Number of fireplaces Habitable room count_ J ` Number of bathrooms---{--- Number of bedrooms Type of heating system SpE,;T AMNumber of half/baths _ p Type of cooling system S Number of decks/ porches I "— - Enclosed Open ,y _ 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 413-530-0368 Z): 413-596-2869 ?: 413-596-2869 ee@wi Iliamrobertselectric,coni "image003. jpg> EXHIBIT C 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 0:413-596-2868 F: 413-596-2869 Lee(a-!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" <lee@williamrobertselectric.com> Lee, I 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 [maiIt ):lee@wiIli amrobertselectric.coml Sent: Friday, November 5, 20214:41 PM Fo: Sears, Tim <tsears@yarmouth.ma.us> Subject: 14 Shannon Court --------- Original Message --------- Subject: RE: 14 Shannon Court From: "Sears, Tim" -tsears@yg mouth.rna.us> Date: 11/9/21 8:17 am To: "Lee Roberts" <lee@williamrobertselectric.com> Cc: "Inkley, Brad" <bi_nklev_@yarmouth.ma.us> That works From: Lee Roberts jmailto:lee@williamrobertselectric.coml Sent: Monday, November 8, 2021 6:11 PM To: Sears, Tim <tsears@yarmouth.ma.us> Cc: Inkley, Brad <bink[ey-@yarmouth.ma.us> Subject: Re: 14 Shannon Court Thank you Tim. Our conhactor 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. Lee 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.nia.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:tsearsrayarmouth.ma.us From: lee(@williamrobertselectric.com jmailto:feeCc@williamrobertselectric coml Sent: Monday, November 8, 2021 11:59 AM 0: 413-596-2868 F: 413-596-2869 Lee ,williamroberiselectric.com WLberts ELECTRIC CO-,INC, est.1987 --------- Original Message --------- Subject: RE: 14 Shannon Court From: "Sears, Tim" <tsears@yarmouth.ma.us> Date: 11/9/21 12:01 pm To: "lee@williamrobertseiectric.eom" <lee@willi niroobertselectric.com> I'm not sure if I handed this packet out at the counter, or not. 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: lee@ williamrobertselectric.com [mailto:lee@williamrobertselectric.com] Sent: Tuesday, November 9, 20218:29 AM To: Sears, Tim <tsears@yarmouth.ma.us> Cc: Inkley, Brad <binkley-@yarmouth.ma.us> Subject: RE: 14 Shannon Court Thank you. Lee Roberts XM. Roberts Electric Co., Inc. Railroad Ave 7Vilbraham,MA 01095 413-530-0368 413-596-2868 413-596-2869 ,ee williamrobertselectrio.com M. Roberts ELECTRIC CO.,INC. 11-1-F est.1987 Date: 11/10/21 9:57 am To: "Sears, Tim" <tsears@yarmouth.ma.us> Cc: "Dennis Roberts"<dennis@williamrobertselectric.com> Good Morning 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:413-530-0368 0:413-596-2868 F:413-596-2869 'Lee williamrobertselectric.com WM. Roberts ELECTRIC CO„INC. 11--P est.1987 t--------- Original Message --------- Subject: RE: 14 Shannon Court From: "Sears, Tim" <tsears@yarrrlouth.ma.us> Date: 11/9/21 2:00 pm To: "lee@williamrobertselectric.com" <lee@williamrobertselectria.com> From: lee@ williamrobertselectric.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. 1 Railroad Ave Wilbraham, MA 01095 -: 413-530-0368 --------- Original Message --------- Subject: RE: RE: 14 Shannon Court From: "Sears, Tim" -tsears@yarmouth.ma.us> Date: 11/12/21 3:21 pin To: "lee@williamrobertselectric.com" -lee@williamrobertselectric.com> Lee, IAs 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 From: le e@ williamrobertselectric.com [maifto:lee@williamrobertselectric.comj Sent: Friday, November 12, 2021 1:17 PM To: Sears, Tim <tsearsp 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 Wm. Roberts Electric Co., Inc. 7 Railroad Ave Wilbraham, MA 01095 C: 413-530-0368 0:413-596-2868 F: 413-596-2869 Lee wiiliamrobertsefectric.com WRoberts ELECTRIC CO., INC. est.1987 --------- Original Message --------- Subject: RE: 14 Shannon Court From: "lee@williamrobertselectric.com" -lee@williamroberts electric.corn> 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@wiIlia mrobertselectric.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 Lee(@.williamrobertselectric.com M. Roberts ELECTRIC CO.,INC. est.1987 TO 1146 Route I 508-398-223 Office of f OUTH th, MA 02664 08-398-0836 imissioner 2nd VIOLATION NOTICE Dennis R Roberts EXHIBIT Lee A Roberts 121 Fox Run Dr Ludlow, MA 01056 January 19, 2023 RE: 14 Shannon Court — work without permit Dear Mr. Roberts, The Building Department has been in contact with you in a letter dated August 20, 2021, about work that was donewithout a permit at this address. An application was received on October22, 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 f which is regulated by this code without first filing a written which provision is made or the installation o 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. 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, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth