HomeMy WebLinkAboutletter 8/5/20 ri.i.,/,,,,,v ceP/4'TOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
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Offi f the Budding Commissioner
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Mr. Brian Librandi / Y — O
46 Wavey Willow Lane
Montgomery,NY 12549
Re: 111 North Main Street South Yarmouth
Dear Mr. Librandi:
This is to serve as a follow up to our phone conversation of this morning concerning the real estate listing for 111
North Main Street.
The listing makes no mention of having to obtain a Special Permit from the Zoning Board of Appeals for the use of
the detached structure as an independent dwelling unit. As you are aware, in order to obtain this approval,the
primary house or the Accessory Apartment has to be owner occupied. In addition,the modifications and use
conversion of a detached garage, into a dwelling unit,were conducted without benefit of permits; Building,
Plumbing/Gas, or Electrical. The new owner will be responsible for obtaining approval and permits. These issues
were discussed during our September 25,2019 office meeting and again via email on March 13,2020 and several
other occasions.
As a recap,this matter came to this department's attention on August 3,2018 by way of a neighbor complaint,
resulting in the following:
-October 23,2018---Notice of Violation, Building Code and Zoning related tickets,totaling$700 were issued
-November 7,2018--ZBA application package forwarded to you by Ms. Sandi Clark.
-June 6,2019—Second Notice of Violation issued for failure to take action.
-June 11,2019—Email between you and Building Commissioner Mark Grylls.
-June 27,2019—Meeting with you and Mark Grylls. C - )1
-August 6,2019—Third Notice of Violation issued. fr47,,,,At
-August 12,2019—Email discussion 1 9
-August 16,2019—Email discussion /
-August 19,2019—You filed an application with the ZBA t ` �� ��
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-August 20,2019—Email discussion /�G ( w �✓efre
-September 2,2019—Email discussion. e _
Page 2-111 North Main Street, August 5,2020
-September 4,2019-1 calculated the square footage of the unit for ZBA purposes.
-September 11,2019—Memo to ZBA
-September 12,2019—ZBA hearing at which you withdrew without prejudice.
-September 25,2019-1 met with you to discuss methods of mitigation.
-October 3,2019—Follow up discussion.
-November 26,2019—Email discussion in which you stated the tenant would be out by the end of December,2029.
-November 13,2019—Received proposed mitigation plans.
-January 3,2020—You notified me the tenants vacated the unit.
-March 13,2020—Email discussion.
-March 18,2020—You notified me that it was your intention to sell the property. My response was that"it would be
incumbent upon you and the real estate agent to advise the buyer,of the use/renovations status,so that person does
not encounter the same problems you have."
This is only a partial list of the communications/correspondence generated over the past two years,thus upon seeing
the real estate listing, it concerned me that a new owner may not be made aware of what needs to be finalized in
order to legalize the use of the detached structure,as noted in the real estate listing narrative.
In summary,a new owner and/or contractor,will have to conduct the following in order to use and legitimize the use:
1. Obtain a Special Permit from the ZBA,pursuant to Zoning Bylaw, Section 407
2. Obtain Building, Plumbing,Gas&Electrical Permits.
3. Arrange for the appropriate inspections.
4. Obtain a Certificate of Occupancy.
Respectfully submitted,
James D. Brandolini,
Deputy Building Commissioner
cc: Karen Lilly,Caldwell Banker,via email
Mark Grylls, Building Commissioner
Kevin Hook,Health Dept. Housing Inspector