HomeMy WebLinkAboutViolation Notice 6/11/21TOWN OF Y R OUTH
1146 Route 28, 'South Yarmouth, MA 02664
508-398-2231 ext 1261 'ax 508-393-0836
Office of fh,,b'BW1d1 allg C61nmissione1r
William A Kantrowitz
401 SW 4TH AVE APT 1102
FT Lauderdale, FL 33315
RE: 68 Horse Pond Rd — apartment in basement
This letter constitutes a formal zoning enforcement order under MGL Ch 40A.
Dear Mr. Kantrowitz,
.tune 11, 2021
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 zenless 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 ($300.00) 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 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 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 CBO
Local Inspector
Town of Yarmouth
C: Fire Dept. Health Dept.
Fwd: Apartment floor plans
68 HORSE POND RD YARMOUTH
IN-LAW APARTMENT
GROS I1ITERHALAREA
FLOOR 1: 729 IQ. ft
TOTAL: 729 sp. tt
FLOOR
RECEIVED
APR 082022
BUILDING DEPARTMENT
By:
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William A Kantrowitz
CU
401 SW 4TH AVE APT 1102
FT Lauderdale, FL 33315