HomeMy WebLinkAboutViolation Notice 10/23/18 TOWN OF YARMOUTH
1146 Route 28, South rmouth, MA 02664
508-398-2231 ext. 1261 'ax 508-398-0836
Office of the Building Commissioner
Notice of Violation
October 23, 2018
Librandi Brian
Librandi Sybyl H.
46 Wavey Willow Ln.
Montgomery,NY 12549
RE: Alleged illegal apartment in garage— 111 North Main St.
Dear Mr. & Ms. Librandi,
This Violation Notice is your official notification of alleged violations of the MA State Building
Code as well as a violation of the Town of Yarmouth Zoning Bylaw and Town of Yarmouth
General Bylaw.
The Building Dept. has received complaints regarding rental of the finished garage space as an
apartment.
A previous owner had applied for the required building permit in 2006 to construct a dormer on the
existing garage. The Health Director at the time considered the extra room a bedroom and affirmed
that a 3 bedroom septic system was installed.
If an apartment/dwelling unit has been constructed,you are required to apply for relief from the
Zoning Board of Appeals. The creation of an accessory apartment as defined section 407 of the
Zoning Bylaw requires relief in the form of a Special Permit. The creation of a standalone second
dwelling unit will require a variance.
1
You were required to apply for a building permit prior to the commencement of construction.
780 CMR - MA State Building Code Section R105. 1 states:
R105.1 Required. It shall be unlawful to construct, reconstruct, alter, reair remove or demolish a
building or structure; or to change the use or occupancy of a builsind or structure; or to install or
alter any equipment for which provision is made or the installation is regulated by 780 CMR
without first filing an application with the building official and obtaining the required permit.
The permit holder is also required to request inspections at the appropriate intervals per section
R110.5 .
R110.5 Inspection requests. It shall be the duty of the permit holder or their 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 or the licensed
construction supervisor to attend these inspections.
You are also required to register your rental with the Town of Yarmouth Health Dept. per section
108 of the Code of the Town of Yarmouth.
A Building inspector visited the property in August and a door tag was left requesting that you
contact this department.
You are hereby ordered to abate or correct said violations within thirty (30) days. Failure to do so
may result in criminal / civil complaints being tiled against you. You may be subject to fines as
prescribed by pertinent laws and regulations. You also have the right to appeal this decision with the
Zoning Board of Appeals as prescribed under MGL c. 40A. § 7,8, and 15 .
Please contact this office within 7 days of receipt of this letter.
Very Truly,
Mark Grylls
Building Commissioner
C; Ken Elliott — Wiring Inspector
Lee Hall — Plumbing & Gas Inspector.
Kevin Hook — Housing Inspector
Lt. Kevin Huck — YFD
file
2