HomeMy WebLinkAboutNotice of Probable Cause Hearing 9/19/24 iImpartante! +Traducir! Enpotan! Tradwi! Quan Trong! Dich!
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts Aly
CAUSE HEARING 24H83PC00349CI Housing Court Department
CASE NAME
Town of Yarmouth, Timothy S Sears vs.Alan M Shipley
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth, Timothy S Sears
1146 Route 28 Southeast Housing Court- Barnstable
South Yarmouth, MA 02664 139 Hathaway Road
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 05 2024
BUILDING DEPARTMENT
f3v
DATE ISSUED CLERK-MAGISTRATE
August 30, 2024 Joseph B. McIntyre
HCO03o:2/2022 WWW.mass. ov/courts
9 Date/Time Printed:08-30-2024 10:01:20
+1111�1V110.111G: `11 A.UUl:ll: 1i11Y V10.11. 11 Q.V.W1 110.11 11 V11g: L1t411:
DOCKET NUMBER Massachusetts Trial Courts
NOTICE OF CRIMINAL SUMMONS 24H83CR00109C1 0
Housing Court Department
CASE NAME Town of Yarmouth, Timothy S Sears v. Alan M Shipley
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth, Timothy S Sears Zoom Virtual Court Event
1146 Route 28 Meeting ID: 161 980 3292
South Yarmouth, MA 02664 Passcode: 974634
Telephone: 646-828-7666
NEXT COURT EVENT
10/10/2024 10:00 AM Arraignment ALL PARTIES
MUST ATTEND ON THE EVENT
DATE&TIME
TO THE PARTY OR ATTORNEY ABOVE:
You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Southeast Housing
Court which will hold a session for the transaction of criminal business to answer to a complaint made on oath before this
court, a copy of which accompanies this Summons.
Please be advised that a Default Warrant may issue for your arrest if you fail to appear in Court at the time and place
above mentioned.
The above captioned case will be heard on the date and time indicated above. 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 sign up for Housing Court electronic services, including text-message reminders of upcoming court events in a case, please
complete and submit the following form: https://www.mass.gov/forms/ereminder-court-date-notification-system.
To help with communication, please be sure the Clerk's Office has your phone number and e-mail address.
Witness, Hon. Judge Hon. Donna Salvidio,Justice, at Southeast Housing Court, Massachusetts,this September 19,
2024.
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION
Southeast Housing Court- Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
**Normal business hours for this main office are Monday through Friday,8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
9/19/24 Joseph B. McIntyre
HC0031:07/2024 www.mass.gov/courts Date/Time Printed:09-19-2024 15:08:01
+Importante! ITraducir! Enpotan! Tradwi! Quan Trong! Dich!
DOCKET NUMBER Massachusetts Trial Court
NOTICE OF ARRAIGNMENT 24H83CR00109C1 Housing Court Department /r
CASE NAME Town of Yarmouth, Timothy S Sears v.Alan M Shipley
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth, Timothy S Sears
1146 Route 28 Southeast Housing -Plymouth
South Yarmouth, MA 02664 52 Obery Street, 1st Floor
Plymouth, MA 02360
NEXT COURT EVENT
11/13/2024 10:00 AM ARRAIGNMENT ALL PARTIES MUST
ATTEND THE EVENT ON THE DATE
AND TIME SCHEDULED
TO THE PARTY OR ATTORNEY ABOVE:
The above captioned case will be heard on the date and time indicated above. If you do not participate in this court event the
Court may rule against you, find you in default, dismiss your case 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, by hand delivery to the clerk's office, or by eFile (https://
www.efilema.com/). For more information on eFiling, please refer to the website.
If you would like to mediate this case with a Housing Court Specialist, or if you need interpreter services or a reasonable
accomi i cdation(s), contact the Clerk's Office at(508)994-0156.
If applicable, information on housing resources, financial assistance from Residential Assistance for Families in Transition
("RAFT"), and programs (such as the Court Service Center, Tenancy Preservation Program, and Lawyer for the Day) may be
available to assist you. Please refer to this division's resource information sheet that is provided with this notice or by visiting
the following webpage: https://www.mass.gov/guides/housing-court-resources.
To sign up for Housing Court electronic services, including text-message reminders of upcoming court events in a case, please
complete and submit the following form: https://www.mass.gov/forms/ereminder-court-date-notification-system.
To help with communication, please be sure the Clerk's Office has your phone number and e-mail address.
R C L : °
OCR' 1 5 2024
BUILDING DE`'AR1 MENT
MAILING ADDRESS AND TELEPHONE NUMBER FOR HOUSING COURT Further Orders of tffeourt.
Southeast Housing Court-Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
"Normal business hours for this main office are Monday through Friday,
8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
-
10/10/24 Joseph B. McIntyre
HC005:11/07/2023 WWW.mass.gov/Courts Date/Time Printed:10-10-2024 14:47:05
•
(.ommonweaitli of Massachusetts
Housing Court Department
Southeast Housing Court- Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
Joseph B.McIntyre Hon.Donna Salvidio
Clerk Magistrate First Justice
Re: Town of Yarmouth, Timothy S Sears Date: September 19, 2024
Vs: Alan M Shipley
No: 24H83CR00109CI
TRACKING ORDER "CR"
Please take notice pursuant to Standing Order 1- 04 that the above entitled matter is
assigned to the CRIMINAL "CR" TRACK and that the following deadlines apply:
Arraignment 32 days 10/21/2024
Discovery Completed 90 days 12/18/2024
Firm Trial Date Set 120 days 01/17/2025
Case Disposed 180 days 03/18/2025
The plaintiff is required to serve a copy of this tracking order on all defendants before
the deadline for filing return of service.
1 a fikAtri.
Joseph B. McIntyre
Clerk - Magistrate
COMMONWEALTH OF MASSACHUSETTS
Barnstable County, SS. Housing Court Department
The Southeastern Division
Bristol, Plymouth &Barnstable Counties
NO (Criminal)
COMPLAINT
To the Housing Court department, Southeastern division, for the transaction of criminal business:
I,Timothy S Sears Deputy Building Commissioner of the Town of Yarmouth Building Department,
complain under oath that:
Alan M Shipley is the Owner of a property located at 15 Briar Circle in the Town of Yarmouth.
An authorized representative of the Town of Yarmouth examined the dwelling/property on or about
6/14/2024. The inspection revealed that the dwelling/property did not comply with the provisions of
the State Building Code, 780 CMR 51.00 (Massachusetts Residential Code).The Defendant was served
pursuant to Section 114.2 of the Code on or about, 6/14/2024, and 8/8/2024, 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
gi/tglifeid . (1-11P
Ll
CLERK MAGISTRATE i . ' J
V f � f
SUMMARY OF MATERIAL FACTS
■ VIOLATION LETTER SENT 6/14/2024 (EXIHIBIT A)
■ RESPONSE FROM ALAN SHIPLEY 7/9/2024 (EXIHIBIT B)
■ LETTERS OF IMPENDING COURT ACTION MAILED TO ALAN
SHIPLEY 8/8/2024 (EXIHIBIT C)
■ RESPONSE LETTER FROM ALAN SHIPLEY 8/26/2024 (EXIHIBIT
D)
■ PROPERTY RECORD CARD (EXIHIBIT E)
■ MAILING RECIEPTS (EXIHIBIT F)
. OFYAK TOWN OF YA M UTH
__ � p Office of the BuildingCommissioner
/J (----
,, 4 Route 28, SouthYarmouth, MA02664
yC b3/
fRPO R ASEO�•4'
VIOLATION
Alan Shipley
PO Box 639
South Yarmouth, MA 02644 June 14, 2024
RE: 15-Briar Cir.—Work without-a permit=Siding
To Alan Shipley ,
It has come to our attention that work has been done on this property without the benefit of a required building
permit. This is 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 780 CMR is subject to fines and penalties as prescribed in
MGL CH 143 section 91. Each day constitutes a new violation.
To remedy this violation,make proper application for the required building permits,and receive a building permit
for this violation.
You are required to respond within 7 days of receipt of this notice. You may appeal this letter to the Building
Code Appeals Board in accordance with M.G.L. c. 143 §100, within 45 days of this notice.
Questions regarding this matter may be directed to this department.
Very truly,
Basil C gro
Building Inspector EXIHIBITTown of Yarmouth A
Basil J. Congro July 9, 2024
Town of yarmouth - -- -
Building Inspector
JUL 11 2024
Dear Basil, { I s
BUILDING DEPARTMENT
I disagree with your interpretation of R105.1 e�
I did not"construct' nor"destruct"the structure at 15 Briar Circle in South Yarmouth.
This is to declare that I refuse to pay either a fee or fine for preserving, maintaining and
protecing my property.To do so is a violation of my rights endowed to me by our Creator.
This is a case of small government over-reach. I never paid a fee to shingle this property since
1957,which was the year I learned to do white cedar side wall. I am on my fourth complete
shingling job since then. Every three to five years I have done a section to protect the structure.
This extends the life of the TAXABLE structure as well as maintain property values.
Your violation letter reveals that at least one or more persons are involved in your misguided
letter and actions. I also assume that you are compelled to act this way by your supervisor's
direction.
Furthermore, I am gathering data to see if you, or any other inspector in the town, did this to
another senior citizen taxpayer,another veteran or a woman taxpayer. If so, there may be
more to do regarding "over-reach" of small government.
In the future, note that ALL taxpayers in Yarmouth are CITIZENS not subjects. When you write
a letter to a citizen, address it accordingly.Always remember that the taxpayer pays your salary
and that the town exists because of the tax-paying citizen.
With com si y,
Alan M. Shi
Taxpayer and Citizen of the Town of Yarmouth
EXIHIBIT B
1
7.'Y�k TOWN OF YARMOUTH
^- o71- , Office of the Building Commissioner
1146 Route 28, South Yarmouth, MA 02664
' ' E-4:� 508-398-2231 ext. 1260 Fax 508-398-0836
-,,.°RPpRATE 9
NOTICE OF PENDING COURT ACTION
Alan M Shipley
PO Box 639
South Yarmouth, MA 02664 August 8, 2024
RE: 15 Briar Circle—Single Family Home Violations
Dear Alan Shipley,
The Building Department has issued you a violation letter on June 14, 2024, 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. 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 department.
Very Truly,
Tim Sears CBO
Deputy Building Commissioner
Town of Yarmouth
EXIHIBIT C
Tim Sears CB0
Deputy Building Commissioner
Town of Yarmouth
08/21/24
Dear Tim,
Please inform the town attorney I will defend Pro Se.
I will accept service at PO Box 639, S. Yarmouth, MA 02664.
He can call me at 774-208-1560 (Leave msg I only use my cell phone as an
answering machine)
I look forward to seeing the judge!
Chee
A ' ey
Citizen of Yarmo
EXIHIBIT D
IE1VEo
AUG 26 2024
BUILDING DEPARTMENT
By:
Property Location 15 BRIAR CIR Map ID 19/98/// Bldg Name State Use 1010
Vision ID 852 Account# 852 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/14/2023
CURRENT OWNER TOPO UTILITIES STRT/ROAD LOCATION - CURRENT ASSESSMENT
SHIPLEY ALAN M Description Code Assessed Assessed 815
RESIDNTL 1010 150,000 150,000
RES LAND 1010 402,900 402,900
P O BOX 639 SUPPLEMEN AL DATA YARMOUTH,MA
Alt Prcl ID 15/C002/// VOTE
SOUTH YARMOUTH MA 02664 MISC 170 VOTE DATE
SEWER P PRIVATE
BETTERMENTS VISION
PLAT N # 5
ZIP CODE 2664:
GIS ID M_306988_821999 Assoc Pid# Total 552,900 552,900
RECORD OF OWNERSHIP BRVOLIPAGE SALE DATE C7U V/I SALE PRICE VC PREVIOUS ASSESSMENTS(HIS
SHIPLEYALAN M 23336 0138 12-24-2008 U I 100 1F Year Code Assessed Year Code Assessed V Year Code Assessed
SHIPLEY LLOYD M JR TR EST OF 10373 0208 09-04-1996 I 0 2024 1010 150,000 2023 1010 138,700 2022 1010 110,200
SHIPLEY MARY B 0 I 0 1010 402,900 1010 328,800 1010 295,200
Total 552,900 Total 467,500 Total 405,400
EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor
Year Code Description Amount Code Description Number Amount Comm Int
2024 22 VET 10-99% 400.00 F FILED EXEMP
APPRAISED VALUE SUMMARY
Total 400.00 I t I Appraised Bldg.Value(Card) I 148.500
ASSESSING NEIGHBORHOOD Appraised Xf(B)Value(Bldg) 1,500
Nbhd Nbhd Name B Tracing Batch
0070 Appraised Ob(B)Value(Bldg) 0
NOTES Appraised Land Value(Bldg) 402,900
NATURAL&BLUE E/F I/F Special Land Value 0
Total Appraised Parcel Value 552,900
E X I H I B I T E Valuation Method C
Total Appraised Parcel Value 552,900
BUILDING PERMIT RECORD VISIT/CHANGE HISTORY
Permit Id Issue Date Type Description Amount Insp Date %Comp Date Comp Comments Date Id Type Is Cd Purpost/Result
03-31-2020 WD 54 Field Review
05-18-2016 CW CL Cyclical
01-01-2014 BH 01 1 CY CYCLICAL 2014
09-06-2012 JG 00 Measur+Listed
07-21-2004 KF 00 Measur+Listed
09-25-2003 KF 01 Measur+lVisit
09-75-2003 KF 02 Measur+2Visit-Info Card I
LAND LINE VALUATION SECTION
B Use Code Description Zone Land Type Land Units Unit Price Size Adj Site Index Cond. Nbhd. Nbhd.Adj Notes Location Adjustment Adj Unit P Land Value
1 1010 SINGLE FAM M 12,197 SF 11.84 1.00000 7 1.00 0070 1.800 WF15 1.0000 33.03 402,900
I
Total Card Land Units' 12,1971 SF Parcel Total Land Area-.6.2B Total Land Value 402,900
Property Location 15 BRIAR CIR Map ID 19/98/// Bldg Name State Use 1010
Vision ID 852 Account# 852 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/14/2023
CONSTRUCTION DETAIL CONSTRUCTION-DETAIL(CONTINUED)
Element Cd Description Element Cd Description 19 0
Style: 01 Ranch
Model 01 Residential
Grade: 02 Below Average
Stories: 1 1 Story
Occupancy 1 CONDO DATA 14 WOK 14
Exterior Wall 1 14 Wood Shingle Parcel Id ICI Owne 0.0 7
8
Exterior Wall 2 I B IS
Roof Structure: 03 Gable/Hip Adjust Type Code Description Factor% 7 7
Roof Cover 03 Asph/F Gls/Cmp Condo Fir 3 UST 7
Interior Wall 1 05 Drywall/Sheet Condo Unit 19 3 10 UST 10
Interior Wall 2 07 K PINE/A W D CO T/MARKET VALUATION 19 8 7
Interior FIr 1 14 Carpet 4
Interior FIr 2 05 Vinyl/Asphalt Building Value New 221,713 4 8
Heat Fuel 03 Gas
Heat Type: 04 Forced Air-Duc
AC Type: 01 None Year Built 1940
Total Bedrooms 02 2 Bedrooms Effective Year Built BAS
Total Bthrms: 1 Depreciation Code A
20
Total Half Baths 0 Remodel Rating 22
Total Xtra Fixtrs Year Remodeled
Total Rooms: Depreciation% 33
Bath Style: 02 Average Functional Obsol 0
Kitchen Style: 01 Old Style Ext.Comment 0
Trend Factor 1
Condition
Condition% 8
Percent Good 67 2
RCNLD 148,500 26
Dep%Ovr
Dep Ovr Comment
Misc Imp Ovr .- a'c _">�. •• . i ya a� N "I ,
Misc Imp Ovr Comment .!'" �' $ + ` tr • ey • i'nk , ,'"
Cost to Cure Ovr y ,n�1 .*
Cost to Cure Ovr Comment a •
OB-OUTBUILDING&YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B) ,x A ` 4t�. •''' t_ ,-,, t, ' :�' P apty;�
Code Description L/B Units Unit Price Yr Blt Cond.Cd %Gd Grade Grade Adj. Appr.Value �q , /4 c, $[
FPL1 FIREPLACE 1 B 1 2200.00 1983 67 0.00 1,500 ; :' \ .r M 4,:,(140 <�' � -.` .. .'
EOS Encl Outs Shw B 1 0.00 1983 67 0.00 0
4.41., ,,'„('',' `1, .,,,,,,Mbi,','-':.;•,.... , . ilk - , .
1 •
BUILDING<SUO-AREA SUMMARY SECTION iv; t ,., ,,:
Code Description Living Area Floor Area Eff Area Unit Cost Undeprec Value , I
BAS First Floor 781 781 781 257.51 201,113 � s` `"
UST Utility,Storage,Unfinished 0 117 53 116.65 13,648
WDK Deck,Wood 0 266 27 26.14 6,953
s
Ttl Gross Liv/Lease Area 781 1,164 861 221,714 ,s x.
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3. A. Signet
• Print your name and address on the reverse /. ❑Agent
so that we can return the card to you. �! �.i��, ❑Addr see
• Attach this card to the back of the mailpiece, / _ leceived by(Printed Name) C. Day livery
or on the front if space permits. v /ZO'
1._Article Addressed_to.. _ — _ - _ D. Is delivery address different from item 17 Yes
If YES,enter delivery address below: No
Alan M _!'s ley /9601) it) 5/717try
PO Box
South Yarmouth, MA 02664
— --- 3. Service Type ❑Priority Mall Express®
111111111111111111111101111111111111111111 Adult Signature CI Registered Mani
0 Culp Signature Restricted Delivery 0 gistersd Mall Restricted
livery
9590 9402 8432 3156 9284 49 O Certified Mail Restricted Delivery ❑Signature ConfirmatlonTM
❑Collect on Delivery 0 Signature Confirmation
2. Article Number(Transfer from service!abel) 0 Collect on Delivery Restricted Delivery Restricted Delivery
n_Innuvai Mall
9589 0710 5270 1480 9329 63 9RestrictedDelivery
• PS'Form 3811,July 2020 PSN 7530-02-.000-9053 Domestic Return Receipt •
U.S. Postal Service"
m CERTIFIED MAIL° RECEIPT
Domestic Mail Only •
Er
n-t For delivery information,visit our website at www.usps.com".
I-n
°-' 1 • A L Li
O Certified Mall Fee
Extra Services&Fees(check box,add fee as appropriate)
r 4 0 Return Receipt(hardcopy) $
0 Return Receipt(electronic) $ Postmark
❑Certified Mall Restricted Delivery $ Here
r- ❑Adult Signature Required $
ru
❑Adult Signature Restricted Delivery$
1.11
Postage -
t� $
r4 Total
Q $ Alan M Shipley
Sent
Er PO Box 639
South Yarmouth, MA 02664
Ir. City,
PS Fo a.', anuary r SN 753r-02-000.9047 ee everse or ns ruc ions
EXIHIBIT
F
Tim sears CBO
Deputy Building commisioner
Town of Yarmouth
1146 Route 28
south Yarmouth, MA 02664 Date:09/23/24
Dear Tim,
This is to inform you that i will be out of town from October 15 thru October 31
in order to fulfill a previously scheduled commitment.
Please inform the town attorney accordingly.
T u,
n M p e
cC- IVFD
LAP 24 2024
BUILDING DEP
By gRTMENT
—_
--- --- - - a ---- - _ --- --
I
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS: HOUSING COURT DEPARTMENT
BRISTOL, SS SOUTHEASTERN DIVISION
DUKES, SS Docket No. 24CR00109CI
NANTUCKET, SS
PLYMOUTH, SS
Town of Yarmouth
Plaintiff
vs.
Alan M. Shipley
Defendant
JUDGMENT
This action came on for trial/hearing before the Court, Michaud, J. presiding, and the
issues having been duly tried/heard and findings having been duly rendered, it is ORDERED
and ADJUDGED:
Judgment for the Plaintiff.
Defendant to pay $30.00 to Plaintiff no later January 17, 2025 and further orders the
terms set forth in paragraph 2 of the Court's Order for Judgment.
Dated at Fall River, Massachusetts this 30th day of December 2024.
' . /71cAted..,
JO 'P /: MCINTYRE
CLERK MAGISTRATE
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
Bristol, Plymouth, Dukes HOUSING COURT DEPT
Barnstable,Nantucket, ss. SOUTHEAST DIVISION
Docket NO. 24H83CR0109CI
Town of Yarmouth )
Plaintiff )
)
v. )
Alan M. Shipley )
Defendant )
FINDINGS, RULING AND ORDER FOR.ENTRY OF JUDGMENT
This is a criminal action brought to enforce the payment by the defendant to the town of
Yarmouth ("Town") a requisite permit fee of$30.00. The Court sua sponte converted the action
to a civil action. After meeting for a pre-trial conference with the defendant asserting that his
right to a speedy trial had been violated the parties then indicated that they had completed
discovery and seeing no other reason for delay the Court ordered the matter to immediate trial.
Based upon the credible evidence presented at trial, and the reasonable inferences that may be
drawn from same the Court makes the following findings, rulings and orders;
1. The defendant is the owner of the subject rental premises located at 15 Briar Circle,
South Yarmouth, MA("Premises")
2. That at some point prior to June 14, 2024 the defendant had performed some siding
work on the premises and had not secured the required permit to conduct this work;
3. That the Town initially contacted the defendant with a violation notice on or about
June 14, 2024 (plaintiff exhibit A);
4. That the defendant responded on or about July 11, 2024 refusing to pay the permit fee
of$30.00 to the town (plaintiff exhibit B);
5. That the defendant failed to timely appeal the decision of the building inspector under
M.G.L c. 143 s. 100;
6. That on or about August 8, 2024 the town informed the defendant of his right to
correct the situation or that they would seek legal redress (plaintiff exhibit C);
7. That the defendant responded by correspondence on or about August 26, 2024
announcing his intention to litigate the matter(plaintiff exhibit D)
8. That the town filed a complaint seeking criminal charges against the defendant for
failing and/or refusing to obtain the requisite permit for the work performed on the
premises
9. The defendant filed no answer;
1
At trial the Plaintiff stated that the defendant had performed work on his premises by
putting up siding and that he had neglected to secure the requisite permit. This is required under
section R105.1 of the Massachusetts Building Code which in pertinent part states;
RIOS.1 Required. It shall be unlawful to construct, reconstruct, alter, repair, remove or
demolish a building or structure...without first filing a written application with the
building official and obtaining the required permit.
The plaintiff, through Timothy Sears the Deputy Building Commissioner, further stated
that they had attempted to resolve the situation with Shipley at several points during the
enforcement process. He testified that he had explained that the underlying basis for the permit
was to certify that the work done and materials used met the guidelines established by the
Commonwealth to ensure the safety of occupants. As an example, he stated that many times the
electrical service was incorrectly reconnected potentially causing fires and electrical outages.
Despite these efforts the defendant had adamantly refused to secure the aforementioned permit.
The defendant stated that he had been doing work on his property for many years and did
not understand the need for a permit. He also stated that he had a constitutional right to maintain
his property without having pay for a permit. He stated that he had done work(painting etc...)
in the past without securing permits and that he did not believe that he needed one now.
It is long established in Massachusetts that local communities have the autonomy to
regulate construction work and building repairs within its boundaries. See School Comm. of
Boston v. Boston, 383 Mass. 693 , 701 (1981). While the defendant's statements concerning his
private property rights were certainly sincere and appreciated by the court, they do not form the
basis for an adequate defense to the claims of the plaintiff. The community of Yarmouth has a
compelling interest in ensuring the health and safety of all of its citizens is protected(even from
themselves) by safeguarding that all work is done to accepted standards. It is also required to
uniformly enforce its building code for all citizens to follow. One manner in accomplishing this
is to require that work involving, "construct, reconstruct, alter, repair, remove or demolish a
building or structures" is done in accordance with both the state and local building codes by
ALL parties subject to same. Once an exception is made concerning who is required to comply
with the code then the door is opened for all future parties to simply go forward and do work on
their property without obtaining the required permits or to seek relief concerning the building
code requirements. If the defendant disagreed with the decision of the building inspector then he
had the opportunity to appeal that decision to the zoning board of appeals. He failed to do so in a
timely manner nor has he presented any evidence that would excuse him from compliance with
the code requirements of the plaintiff.
•
ORDER FOR JUDGMENT
Based upon all the credible testimony and evidence presented at trial in light of the
governing law, it is ORDERED that:
1. Judgment shall enter for the plaintiff against the defendant;
2. Defendant shall pay the sum of$30.00 to the plaintiff no later than January 17, 2025 and
complete all necessary documentation related to securing the abovementioned permit no
later than February 15, 2025;
SO ORDERED
Af.e. _
JOSEPH L. CHAUD(
ASSOCIATE JUSTICE
December 27, 2024
Cc: Per C. Vaage, Esq.
Alan Shipley
3
TO:Tim Sears, Building Inspector R E C E
IVEp
FROM:Al Shipley,Criminal Defendant
SUBJECT:Judgement satisfied f AN 14 10?5
U►I
r DING DEPARTAif
ENr
Dear Tim,
Hope this finds you well and you enjoyed the holiday season.
Enclosed please find a bank check for$30.00 also a re-signed building
permit application form as ordered by the judge.
I consider the judgement satisfied.
�9
Best regards, / ,
Al&
G'"--1)0 Box 639
S.Yarmouth, MA 02664
1
J g t
O Yy'�-�, Office Use Only
t . 0\ Permits
i
1 : 1 Amount
yt
• M1ITTAEwEE6[ 1
\.COAPORRtE°',
�a
EXPRESS BUILDING PERMIT APPLICATION
TOWN OF YARMOUTH
Yarmouth Building Department
1146 Route 28
South Yarmouth, MA 02664
(508) 398-2231 Ext. 1261
CONSTRUCTION ADDRESS:
OWNER:at PAY wi • 5 0-ifq EY I,s' StRIAn. CifC(,t 77Y20f 'à(' 6
NAME. PRESENT ADDRESS TEL.
CONTRACTOR: N/A
:NAM MAILING ADDRESS TEL.#
EMAIL: �-WL -_7`—_l .(00 . pc_r
Residential _i Commercial Est.Cost of Construction S
Homeowner is Applicant? Yes X No
Home Improvement Contractor Lic.# Construction Supervisor Lic.
WORK TO BE PERFORMED
Tent Duration (Fire Retardant Certificate required) Wood Stove
Siding: #of Squares li-71 Replacement windows: a+ Replacement doors: #
Roofing: #of Squares Insulation Temporary Mobile Home
Temporary Construction Trailer Demolition— Interior only Demolition Raze Structure
Solar System ESS System Chimney Fence
`The debris«ill be disposed of at: ) 12 I L Ur ,I fI _ FL / ._ f. c.t. to
Location of Facility Ai
I declare under penalties of perjury that the statement herena,nil nn 4;r id correct to the best of my knowledge and belief: I understand that any false answerIs)
will be just cause tin-denial or re%ocatio ficnsc nd,f rosceuti under\I.G.L.(h.268.Section I.
_ ,..„.,,,A......., -..)' //73/ c)- ..,L .---"'
Applicant's Signature? Date:
G
Owners Signature(or attachme _.,..- Date: / Z v�
Approved By: Date: `
-- -
Building Official tor designee)
Rev 6 24
• ORDER FOR JUDGMENT
Based upon all the credible testimony and evidence presented at trial in light of the
governing law, it is ORDERED that:
1. Judgment shall enter for the plaintiff against the defendant;
2. Defendant shall pay the sum of$30.00 to the plaintiff no later than January 17, 2025 and
complete all necessary documentation related to securing the abovementioned permit no
later than February 15, 2025;
SO ORDERED
JOSEPH L. CHAUDh
ASSOCIATE JUSTICE
December 27, 2024
Cc: Per C. Vaage, Esq.
Alan Shipley
3