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HomeMy WebLinkAboutViolation Notice 10/4/23 7/14/22TOWN GFN-ARMOUTH 1146 Route 4 aHt .ya *I ®uffip MA 0266 Off -lee of thel4inld OMMISSIOner 296 Newton Street LLC 296 Newton St Waltham, MA 02453 R>✓: 68 Horse Pond Rd — apartment in basement This letter constitutes a formal zoning enforcement order under MGL Ch 40A. To Whom it May Concern, October 4, 2023 The Building Department has been in contact with you in a letter dated July 14, 2022, about an apartment created at this property without the required relief from the Zoning Board of Appeals. To date there has been no relief granted for this apartment. This is a violation of Section 202 of the Town of Yarmouth Zoning Bylaw. 202.1 Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of 1he neighborhood than a specifically allowed use. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 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 off offense. ense. Each day that such violation continues shall constitute a separate The 30-day appeal period allowed under MGL Ch. 40A § 15 has lapsed. Accordingly, the zoning violation may not be contested, and your compliance is required. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth 1146 Route 28". 508-398-2231 r; _ Office ®f th- F°YA OU TH auth.Yarinomthg MA 02664 ext. 12'' ' Fax 08-393-0836 e'.Buil'cirng":Commissioner L.. VIOL,A'TION NOTICE 296 Newton Street LLC 296 Newton St Waltham, MA 02453 July 14, 2022 RE: 68 Horse Pond Rd — apartment in basement This letter constitutes a formal zoning enforcement order under L C 40A To Whom it May Concern, It has come to the attention of the Building Department that an apartment has been created at this property without the required relief from the Zoning Board of Appeals. This is a violation of Section 202 of the Town of Yarmouth Zoning Bylaw. 202.1 Application. No building or structure shall be erected and no premises shall be used, except as set forth in the Use Regulations Schedule, or in other sections of this bylaw. If a use is not specifically allowed, by right or special permit, it shall be considered to be not allowed unless an appeal is taken under section 102.2.3 and it is shown beyond a reasonable doubt to be of similar nature and at least no more noxious nor detrimental to the welfare of the neighborhood than a specifically allowed use. Failure to comply with the provisions of the zoning bylaw may result in penalties as prescribed. 101.3 Penalties. Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars (S300. 00) for each offense. Each day that such violation continues shall constitute a separate offense. This is also a violation of Section R105.1 of the Massachusetts State Building code. R105.1 Required. It shall be unlau ful to construct, reconstruct, alter, repair, remove or demolish a building or structure; or to change the use or occupancy q f 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 91. Each day constitutes a new violation. 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. Question regarding this matter may be directed to this department. Very Truly, Tim Sears CB4 Deputy Building Commissioner Town of Yarmouth C: Fire Dept. Health Dept. Sears, Tim From: James P. Connors <jpconnorsatty@gmaii.com> Sent: Friday, July 2, 2021 10:59 AM To: Sears, Tim Cc: William Kantrowitz Subject: 68 Horse Pond Road 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. Dear Mr. Sears, Thank you for returning my call this morning. Per our discussion, I have been retained to seek permitting for an accessory apartment at 68 Horse Pond Road. With two applicable options, it is the desire of Mr. Kantrowitz to seek a family use designation. Alternatively an affordable unit designation, but not an appeal. I shall obtain the application and get things moving after the holiday. I leave for vacation on 7/10 and understand this is a lengthy process but you have my committed involvement. Thank you and have a Happy Fourth of July, James Connors a Complete items 1, 2, and 3. e Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailplece, or on the front if space permits. 1. Artirla Addraccact tn- 296 Newton Street LLC 296 Newton St Waltham, MA 02453 A. Signature Agent X /v1. Addressee B. Received by (Printed Name) I CC'Pate of Delivery J / D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: p No lIl� fl'I � I I� �I II I lf9Y I II� CIl�ll l l) 3. I f{ rE It ft I ServiceType El Priorit l Fxpiesso AdultSignature p Registered MallTmO© Adult Signature Restricted Delivery O Re Istered Mall Restricted 1W Certified WHO 9590 9402 7463 2055 7389 85 O Certified Mall Restricted Delivery O Signature ConffrmatlonTfA O Co act on Delivery 17 Signature Confirmation e--crti11w-Numher ffransfer from service label) O Collect on Delivery Restricted Delivery Restricted Delivery 7021 1970 000[] Z665 6$$7 7Insured Mg'lE Mall Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 1 Sti;'err,,OIY.�,:41`�cu.`�'.a'`;^I;:?ti'+� Certified all Fee $ r 6(tra Services & Fees (checkbox, add fee as approprla[o) ❑ Relum Receipt Qtardcopy) $ ❑ Return Receipt (electmn[c) $ ❑ Cedillad Mail Rr Irlctod Dcilvory $ _ © ❑ Adult.Slgnature Requlmd $ ❑Adult Signature Restricted Delivery $ p Postage r`- g IT i r-9 s 296 Newton Street LLC r 3 296 Newton St r` L Waltham, MA 02453 Postmark Mere n