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HomeMy WebLinkAboutHousing Court Case Documents from Building Department 09.05.24ilrnpurt:uatc! i'I'raducir! Etiputau! 'Frad»i! Qttau 'FrQtig! Dich! NOTICE OF PROBABLE DOCKETNUMBER Trial Court of Massachusetts CAUSE HEARING 24H83PC00353C1 Housing Court Department CASE NAME Town of Yarmouth, Timothy S. Sears vs. Steve Wilson ATTORNEY (OR PRO SE PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME & ADDRESS Town of Yarmouth, Timothy S. Sears Southeast Housing Court -Barnstable 1146 Route 28 139 Hathaway Road South Yarmouth, MA 02664 New Bedford, MA 02740 (508)994-0156 NEXT COURT EVENT 09/19/2024 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 PRO SE PARTY) AAA 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. RECEIVED SEP 0 5 2024 BUILDING DEPARTMENT BY _ DATE ISSUED CLERK -MAGISTRATE August 30, 2024 IL Joseph B McIntyre A HCO030 212022 www.mass govicourts DaWe me Primed 08-30.2024 11 15 16 m COMMONWEALTH OF MASSACHUSETTS Barnstable County, SS. Housing Court Department The Southeastern Division Bristol, Plymouth & Barnstable Counties NO (Civil) COMPLAINT To the Housing Court department, Southeastern division, for the transaction of civil business: I, Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth Building Department, complain under oath that: Brian Wilson & Steve Wilson are the Owners of a property located at 16 Denver Drive in the Town of Yarmouth. After receiving a written complaint on 9/25/23, an authorized representative of the Town of Yarmouth examined the dwelling/property on or about 10/23/2023. The inspection revealed that the dwelling/property did not comply with the provisions of the Town of Yarmouth Zoning Bylaw. The Defendant was served pursuant to Section 401.1.2 of the Code on or about, 9/27/2023 and 8/9/2024 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. Timothy S Sears, Complainant TAKEN AND SWORN TO, this 26th day of August 2024 A TRUE COPY ATTEST: BEFORE SAID COURT /'t CLERK MAGISTRATE ,, MAILING ADDRESSES: RRIAN WILSON 15 SWALES FARM RD PLYMOUTH, MA 02360 STEVE WILSON 16 DENVER DRIVE WEST YARMOUTH, MA 02673 SUMMARY OF MATERIAL FACTS • COMPLAINT RECEIVED 9/25/23 (EXIHIBIT A) ■ VIOLATION LETTER MAILED 9/27/23 (EXIHIBIT B) ■ ZONING TICKETS MAILED 1/8/24, 4/4/24, AND UNDATED TICKET (EXIHIBIT C) • LETTERS OF IMPENDING COURT ACTION MAILED TO BRIAN & STEVE WILSON 8/9/24 (EXIHIBIT D) ■ PROPERTY RECORD CARD (EXIHIBIT E) ■ MAILING RECIEPTS (EXIHIBIT F) ■ PHOTOS (EXIHIBIT G) TO 1146 Route 24' 508-398-223 Office of t R E C El VE2D ISEE P25 2023 BUILDING DEPARTMENT OUT'H uthq MA 02664 08-398-0836 missioner N WIM 0 Date: q _a 2 Type of Complaint: Building v Zoning V General This is a formal request for enforcement of an alleged viola,tiop. The follow' g are E cts in thou np Property Address of Alleged Violation: eo► UC vIVA Property Owners Name (s): /IA n WilSdA j wr; r d Property Owners Mailing Address: Qa-? 60 Description of Complaint: eiyli ,e j Date (s) of Alleged Violation (s): Name (s) of Person (s): EXIHIBIT A Complainant Name: Address of Complainant: 161 1- / v Rd r?2 G � 2 Telephone Number: 0 ,�(7� C� Email Address: Preferred Method of Contact (check one): Telephone: Email: I am basing my allegations on the above facts. I understand that as the complainant, in the event the Building Commissioner is personally unable to bring the matter in to compliance, I may be required to attend legal proceedings to enforce the regulation referenced above in a court of law. Pursuant to the above allegations I am requesting an investigation and enforcement if applicable. Signature of Complainant: I Prefer to Remain Anonymous: [ j (check box) TO OUTH 1146 Route 508-398-22, Office of � !A-r-rA; -i e atiuth, MA 02664 ,, $08-398-0836 missioner VIOLATION NOTICE Mello & Wilson Cranberry Corp. 16 Denver Dr West Yarmouth, MA 02673 September 27, 2023 RE: 16 Denver DR - Camping and Recreational Equipment Dear Mr. Wilson, This letter constitutes a formal zoning enforcement order under MGL Ch 40A. It has come to the attention of the Building Department that a camper is being occupied at this property. This is a violation of the Town of Yarmouth Zoning Bylaws section 401.1.2. 401.1.2 Camping and Recreational Equipment. 401.1.1 At no time shall parked or stored camping and recreational equipment be occupied or used for living, sleeping or housekeeping purposes. 401.1. 2 If camping or recreational equipment is parked or stored outside of a garage, it shall be parked or stored to the rear of the front of the building line of the lot, except for loading and unloading. 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) for each offense. Each day that such violation continues shall constitute a separate offense 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 also have the right to appeal this decision with the Zoning Board of Appeals within 30 days of this letter. You are required to respond within 7 days of this letter. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth EXIHIBIT B a vvvn yr NAME OF OFFENDER: V t ' (f ti CITATION NO: YAR U 170 YARMOUTH NOTICE LEFT WITH: DATE OF VIOLATION: �' E ADDRESS OF OFFENDi '� �iQ, f v — ; r �,• , �0 TIME OF VIOLATION: G CITY:;; rER: ,y ;� STATE: Y Z ZIP: r 1'V, b "A.. LIC. # & ST. DATE OF BIRTH: YOU HAVE BEEN BSERVED VIOLATING: r,? r . Q1 1 ,� NOTICE OF BY: t :n t >. , ;) e r (specify e,new or regulation VIOLATION AT �' OF TOWN e , 1. �i ! r u ;_ rishill I IN igi gibbon) F. . { � FINE AMOUNT: BYLAW OR I HEREBY ACKNOWLEDGE RECEIPT OF CITATIO� _ N:' REGULATION BY:(sipsture of �yr� " tunable to obtain Signature of offender. EMPLOYEE NUMBER: YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER: Either option (1) or option (2) will operate as a final disposition, with no resulting criminal record ` (1) You may elect to pay the above Tine, by appearing in person between 8:30 AM. and 4:00 P.M., Monday through Friday, legal holidays excepted WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to Town Clerk, Town of Yarmouth, 1146 Route 28, South Yam-louth, MA 02664, (2) If you desire to contest this matter you may do so by making a written request for a non -criminal hearing, and enclosing a copy of this citation, WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to: SOUTHEAST HOUSING COURT, 139 HATHAWAY ROAD, NEW BEDFORD, MA 02746, ATTN. 21 D Noncriminal Hearir -- - (3) If you fail to pay the above fine, or to request a hearing within 21 days, or if you fail to appear for the hearing or to pay any fine deter , against you. 0 1 HEREBY ELECT THE FIRST OPTION above, confess the offense charged, and enclose payment in the amount of $ ❑ 1 HEREBY REQUEST A NON CRIMINAL HEARING on this matter. — - Signature: Date' _ EXIHIBIT C TOWN OF NAME OF OFFENDER: �.\q CITATION NO: YAR O 175 YARMOUTH NOTICE LEFT WITH: DATE OF VIOLATION: i U ADDRESS OF OFFENDER: `.�. v •r 4 TIME OF VIOLATION: o CITY: LIC. # & ST. DATE F STATE: t `� � ZIP: O BIRTH: YOU HAVE BEEN OBSERVED VIOLATING: )9,_t l i..r- �1. r'r�, NOTICE OF BY: C Vf " v C !� rv+ Pi `$°°�`''"°�'°„o,) VIOLATION AT G - OF TOWN 1 V i' Vv IL J5{ M U ,1 I FINE AMOUNT 16(j. JG? of violabon BYLAW OR ! HEREBY ACKNOWLEDGE RECEIPT OF C.TON} REGULATION By; I� j�ik[ S EMPLOYEE NUMBER: Unable to obtain signature of offender. YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER Either option (1) oropWn (2) will operate as a final disposition, with no resulting criminal record. (1) You may elect to pay the above fine, by appearing in person between 8:30 A.M. and 4.00 P.M., Monday through Friday, legal holidays excepted. WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to Town Clerk, Town of Yarmouth, 1146 Route 28, South Yarmouth, MA 02664. (2) If you desire to contest this matter you may do so by making a written request for a non -criminal hearing, and enclosing a copy of this citation, WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to: SOUTHEAST HOUSING COURT, 139 HATHAWAY ROAD, NEW BEDFORD, MA 02746, ATTN: 21 D Noncriminal Heanngs and enclose a copy of this citation for a heanng (3) If you fag tuo pay the above fine, or to request a hearing within 21 days, or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due, a criminal complaint may be issued against yo ❑ 1 HEREBY ELECT THE FIRST OPTION confess the offense charged, and enclose payment in the amount of $ ❑ I HEREBY REQUEST A NQd-C4 N1W HEARING on this matter. — ; - Signature: Date T �pl TOWN OF NAME OF OFFENDER: CITATION NO: YAR 0229 YARMOUTH NOTICE LEFT WITH: ,'s t DATE OF VIOLATION: O�.YA ADDRESS OF OFFENDER: TIME OF VIOLATION: d CITY.r ? 0 y STATE: 1 f\ � ZIP: "A� ��' LIC. # 8+ ST. DATE OF BIRTH: YOU HAVE BEEN,OBSERVED VIOLATING: NOTICE OF BY: (SoeCrrbrlaWa f VIOLATION A7 OF TOWN r r ` '� � v � FINE AMOUNT: i0v. . 00 BYLAW OR I HEREBY ACKNOWLEDGE RECEIPT_ OFAXION: REGULATION BY: EMPLOYEE NUMBER: M t�Unable to obtain signature of offender. YOU HAVE THE FOLLOWING ALTERNATIVES IN THIS MATTER: Either option (1) or option (2) will operate as a final disposition, with no resulting criminal record (1) You may Bled to pay the above fine, by appearing in person between 8:30 A.M. and 4.00 P M , Monday through Friday, legal holidays excepted. WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to Town Clark, Town of Yarmouth, 1146 Route 28, South Yarmouth, MA 02664. (2) If you desire to contest this matter you may do so by making a written request for a non -criminal hearing, and enclosing a copy of this citation, WITHIN TWENTY-ONE DAYS OF DATE OF THIS NOTICE to: SOUTHEAST HOUSING COURT, 139 HATHAWAY ROAD, NEW BEDFORD, MA 02746, ATTN- 21 D Noncriminal Hearings and enclose a copy of this citation for a hearing (3) I uf it to pay the above fine, or to request a hearing within 21 days, or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due, a criminal complaint may be issued againstyou- O I HEREBY ELECT THE FIRST OPTION above, confess the offense charged, and enclose payment in the amount of $ ❑ 1 HEREBY REQUEST A NON CRIMINAL HEARING on this matter. Signature - — - Date TOWN OF YARMOUTH Office of the Building Commissioner 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1260 Fax 508-398-0836 NOTICE OF PENDING COURT ACTION Steve Wilson Mello & Wilson Cranberry Corp. 16 Denver Drive West Yarmouth, MA 02673 EXIHIBIT D Aug ust 9, 2024 RE: 16 Denver Drive — Building Code & Yarmouth Zoning Bylaw Violations Dear Mr. Wilson, The Building Department has issued you violation letters on September 27, 2023, and November 7, 2023, 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. The 30-day appeal period allowed by M.G.L. C. 40A § 15 has also 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 Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth I&Forvery intarmation, visit our viebsile at vnvi�.usps.com°. Cem'sed Fee Peetmeek Relum Receipt Fes here G (Ertdarsetrtent RegWredj C3 Restrlcted Cetwery Fas C3 (Ender WWRMW= to n Steve Wilson -r 3 Mello & Wilson Cranberry Corp. Q a 16 Denver Drive e West Yarmouth, MA 02673 TOWN OF YARMOUTH Office of the Building Commissioner 1146 Route 28, South Yarmouth, NU 02664 508-398-2231 ext. 1260 Fax 508-398-0836 NOTICE OF PENDING COURT ACTION Brian Wilson Mello & Wilson Cranberry Corp. 15 Swales Farm Rd Plymouth, MA 02360 EXIHIBIT D August 9, 2024 RE: 16 Denver Drive — Building Code & Yarmouth Zoning Bylaw Violations Dear Mr. Wilson, The Building Department has issued you violation letters on September 27, 2023, and November 7, 2023, 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. The 30-day appeal period allowed by M.G.L. C. 40A § 15 has also 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 departmen3 rq m ry Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth 0 D- rq U.S. Postal Service"' CERTIFIED MAID' RECEIPT Domestic Mail Only FFICIAL USE Potege $ CeMod No stnaik a ( e� A`ne�w►;� F Rom Q Resb$*d D*Mri Fee C3 (Wonement Requlnd) ru rl ru Brian Wilson oMello 8 Wilson Cranberry Corp N 15 Swales Farm Rd Plymouth, MA 02360 L F ` CAP .*'.-7Ylu""i,:ariSdL.L�...,.:,4.d#. �.'S�Y 3:[',✓. CORP l ■ � � .. 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Received by fWnred c. Date alb D. Is dt>tivay eddrasa different $ortt If YES. enter delivery address 13 No I��I�li�lfl�Ifll�ffllflllll�lllfllllllll 'h °ram o Adult s� O Ragrstsred Msa+- AdWt Sign &m Restricted Ddwy Q Rgmww mau Reatrkted Cardw man 9590 9402 8432 3156 9255 61 Q Cwtftd Mall RuMeted tlsavery o stgnei,ue cWft'aonTM O Called an Ddmy Cl Somtwe cmfffmftn 2. Artlde Humber fiiansfer from $art e t [] coaect on Gelhrary Restr�d Dehnvy Restricted OeWm - 7022 2410 0000 1374 8751 lull RestrIctedDamy PS Farm 3811, July 2020 PSN 7 D-M-4t1 M053 Domestic Retum Receipt ■ Complete items 1, 2, and & R Print your na m and address an the reverse so that we can return the card to you. ■ Attach this card to the back of the maifpiece, or on the front If space permits. Bria '-hell ' Cranberry Cc 15 Swa m Rd Plymouth, 02360 7s A. Signature X 0 Agent 13 Addressee f3 Received by (Printed Name) C. Date of Delivery D. Is delivety address different from item 1? 0 Yes If YES, enter delivery address below: p No l��lli�lllff�lll[lllll�llllll�I i o Rieft Mail Adult O Repl Wad Mail- Adult rtestridedDativery C7 IsteeW Mal Resticted 9590 9402 8432 3156 9285 62 CIc.rOW MaltRastrleted txawey t] signature eonamatron►y 0 0ebet on Davary O Signature ConamraW 2. Article Number (ifansferfrom service tabep a an Restricted Delivery Restricted Delivery Ammad Mal 7 014 2120 0004 1910 2431 Maa RaetrWd Delivery Ps Form 3811. July 2020 PSN 7530-02-000-9053 Domestic Return Receipt . ■ Complete Items 1, 2, and 3. A. Sigmdm # Print your name and address on the reverse X 0 Agent so that we can return the card to you. ❑ Addressee ■ Attach this card to the back of the mallplece, B. Received by rdniedNarne) C. Date of Delivery or on the front If space permits. 1. ArtJde Ate- -- - R �, � D. Is delivery addt+ess different torn loam 1? 0 Yes If YO, enter delivery address below: p No P 'O Mello & Wilsdn Corp 16 Denver `� West YarmQUth, fi73 fI �I�I�I Ills �11 I`f f ll �Il l� III I II II ©A�at�e O MUR srprraesr Reatrtoted Dsavery MOW 0 FWOWW Ma ORagtsteredMes� (3 Reataserwyed Mal Reatdeted N 9590 9402 8432 3156 9257 21 © a«uaeied Md Ratfleted Ddavery o WFU& a Ca &nM tton1e O Coaeet on Delivery o stgrratu a coff mason Article Ntunt t f mrykL abet- ❑ Cole t n Resticted Delivery Restricted Dallvpy �2_ 7 014 2120 0004 1910 2 4 8 6 Mel tieatltr.d PS Form 3811, July 2020 PSN 7530-02-OWM53 Domestic Return Receipt M x x I L7.b." t � .• CL _ - IF �. r �. .:•r.�� , .. _�-_ � .. .' � .� + ., k tom. � �. � ` M1 .+ ��r�..:- ��,�'