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Home My WebLink AboutCourt Documents 3/14/25 COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss HOUSING COURT Docket No. 24H83CR00129CI TOWN OF YARMOUTH, TIMOTHY S. SEARS DISMISSAL STIPULATION v. BRIAN WILSON The parties that the above-captioned matter, and pursuant to Mass.R.Crim.P. 16, hereby agree that this matter may be dismissed. As grounds for the instant dismissal, the parties state that the code violations upon which prosecution was initiated have been resolved. DATED: March 14, 2025 Respectfully submitted, Town of Yarmouth, Timothy S. Sears, By their Attorneys ls/Per C. Vaage Per C. Vaage, Esq. (BBO No. 664385) Mead, Talerman & Costa, LLC 227 Union Street, Suite 612 New Bedford, Massachusetts 02740 978.463.7700 perAmtclawyers.com Brian Wilson, Pro Se ls/Brian Wilson (signed w/permission-PCV) Brian Wilson 15 Swales Farm Road Plymouth, MA 02360 Brianat15@MSN.com 1 COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss HOUSING COURT Docket No. 24H83CR00130CI TOWN OF YARMOUTH, TIMOTHY S. SEARS DISMISSAL STIPULATION v. STEVE WILSON The parties that the above-captioned matter, and pursuant to Mass.R.Crim.P. 16, hereby agree that this matter may be dismissed. As grounds for the instant dismissal, the parties state that the code violations upon which prosecution was initiated have been resolved. DATED: March 7, 2025 Respectfully submitted, Town of Yarmouth, Timothy S. Sears, By their Attorneys /s/Per C. Vaage Per C. Vaage, Esq. (BBO No. 664385) Mead, Talerman& Costa, LLC 227 Union Street, Suite 612 New Bedford, Massachusetts 02740 978.463.7700 per a mtclawvers.corn Steve Wilson, By his Attorneys /s/Ryan M. Linn Ryan M. Linn, Esq. (BBO No. 715396) Law Office of Bruce A. Bierhans, LLC 540 Main Street, Suite 17 Hyannis, MA 02601 508.775.4500 ryan@bierlaw.com 1 COMMONWEALTH OF MASSACHUSETTS TRIAL COURT PLYMOUTH, SS. HOUSING COIURT DEPARTMENT SOUTHEAST DIVISION DOCKET#44.1183CROONAPPL TOWN OF YARMOUTH, 15v TIMOTHY S. SEARS Plaintiff V. STEVE WILSON Defendant IT IS HEREBY AGREED BETWEEN THE ABOVE NAMED PARTIES THE FOLLOWING: 1. The Parties agree to continue this action to Monday,February 10, 2025, at 10:00 a.m, for further Pre-Trial Conference,to review the Defendant's compliance with the following terms, as it relates to the shower and the service installed in the barn, at the premises located at 16 Denver Drive,Yarmouth, MA 02673. The Parties are to appear In-Person, or with their respective Counsel at: The Plymouth Housing Court Session 52 Obery Street Plymouth,MA 02360 2. Pending the continuance, the Parties agree to the following: (a) The Defendant shall apply, and pay for,the appropriate Plumbing, Electrical, and Building Permits related to the Shower and Laundry Service installation work completed and/or demolished at the above premises. (b) The Defendant shall hire a licensed plumber, electrician and/or builder/carpenter for all related work at the above premises, and arrange for meetings between them and the Town of Yarmouth's Building Division, and Code Enforcement Departments for approval of any related work. 3. The Parties agree and acknowledge that a Title 5 inspection/approval shall be required as to the shower at the above premises, and approved by the Town of Yarmouth's Board of Health, if in fact the Defendant plans to keep the shower, and/or laundry service. The Parties therefore agree that the Title 5 piece shall be reviewed and further discussed as need at the next Court appearance on February 10,2025. 4. The Defendants have noted that the laundry service has been removed from the above premises, and the Parties agree that the Defendant shall ensure all appropriate permits are applied for and payed for as it relates to any and all this work. Page 1 of 2 • DOCKET#23H83CR00129PL THE ABOVE STIPULATION IS AN AGREEMENT WHICH PLACES THE PARTIES UNDER THE RESTRAINT OR A DIRECT ORDER OF THE COURT, THAT THEY DO OR REFRAIN FROM DOING THE PARTICULAR ACTS STATED HEREIN. ANY VIOLATION OF THIS AGREEMENT CAN RESULT IN CONTEMPT, AS THE DOCUME QUESTION IS INTENDED TO OPERATE AS AN INJUN I9N. o6 SO ORDERED: (�- DATE: December ; 2024 JUSTICE Z" 62 e23)ac2 Signed and dated by Plaintiff Signed and dated byDefendant g ✓�� I did 7/00 Signed at 'ntiff Signed and dated by Defendant Plaintiff' -ttorney Defendant's Attorney Housing Specialist and date: On /a 123 J'to2y INTERPRETER: LANGUAGE N/A NAME: Page 2 of 2 +Importante! ITraducir! Enpotan!Tradwi! Quan Trong! Dich! DOCKET NUMBER Massachusetts Trial Court NOTICE OF CRIMINAL SUMMONS 24H83CR00130C1 Housing Court Department CASE NAME Town of Yarmouth, Timothy S. Sears v. Steve Wilson 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 Southeast Housing - Plymouth 1146 Route 28 52 Obery Street, 1st Floor South Yarmouth, MA 02664 Plymouth, MA 02360 NEXT COURT EVENT 1112612924 -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 November 7, 2024. REGER ° EDl NOV 13 2024 BUILDING DEPARTMENT By: 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 11/7/24 Joseph B. McIntyre HC0031:07/2024 www.mass.gov/courts Date/Time Printed:11-07-2024 13:53:36 4 Commonwealth 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: November 7, 2024 Vs: Steve Wilson No: 24H83CR00130CI 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 12/09/2024 Discovery Completed 90 days 02/05/2025 Firm Trial Date Set 120 days 03/07/2025 Case Disposed 180 days 05/06/2025 The plaintiff is required to serve a copy of this tracking order on all defendants before the deadline for filing return of service. • 1 10. adittel—, Joseph B. McIntyre Clerk - Magistrate -4.4- 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: Brian Wilson&Steve Wilson are the Owners of a property located at 16 Denver Drive in the Town of Yarmouth. 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 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, 11/7/2023,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. i Timothy S Sears, Complainant TAKEN AND SWORN TO,this 26th day of August 2024 A TRUE COPY ATTEST: BEFORE SAID COURT i '''/D 54,10 / ,,,,,,,p . " Sa CLERK MAGISTRATE i. ) • -V NOTICE OF PRETRIAL DOCKET NUMBER Trial Court of Massachusetts CONFERENCE 24H83CR00130C1 Housing Court Department CASE NAME Town of Yarmouth, Timothy S. Sears v. Steve Wilson ATTORNEY(OR SELF-REPRESENTED PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT: Town of Yarmouth, Timothy S. Sears Southeast Housing - Plymouth 1146 Route 28 52 Obery Street, 1st Floor South Yarmouth, MA 02664 Plymouth, MA 02360 NEXT COURT EVENT 12/16/2024 10:00 AM Pretrial Conference ALL PARTIES MUST ATTEND ON THE EVENT DATE&TIME A pretrial conference will be held at this court on the above date and time. Pursuant to Mass. R. Civ. P. 16, the parties are ORDERED as follows: 1 Settlement. Plaintiff counsel shall contact opposing counsel to discuss settlement in advance of the conference. Defense counsel shall, after conferring with the defendant(s), respond to any settlement demand made by the plaintiff(s). Counsel for each party shall discuss with their client(s)the estimated costs of further litigation through trial, and shall certify in the pretrial memorandum that such discussion has occured. 2 Memorandum. Each party shall prepare a pretrial memorandum, which must be filed with the Court at least five business days prior to the date of the pretrial conference. Each pretrial memorandum must include: (A) a short statement summarizing the parties claims and defenses; (B) agreed-upon issues of fact; (C) contested issues of fact and the position of the party's on those issues; (D)contested issues of law, including evidentiary issues, and the position of the party's on those issues; (E)the name and address of each of the party's witnesses and a summary of his/her expected testimony; (F)the name, address, and qualification of each expert witness, together with the subject matter on which the expert is expected to testify and a statement summarizing the expert's opinion and the basis for that opinion; (G) a list of exhibits that the party intends to introduce; (H)the estimated length of the trial, including an estimate of the time needed to present each party's case; (I)the party's proposed jury instructions and verdict form (if applicable). 3. Authority. Counsel are expected to have full authority to settle and file stipulations of dismissal or agreements for judgment at the pretrial conference. All parties shall be available for telephone consultation by counsel during the pretrial conference. 4. Continuances. Request for continuances of the pretrial conference shall be made in writing and addressed to the Court(or by motion if required by the Court). Requests shall specify the next pretrial conference dates that all parties are available. 5. Trial Date. A firm trial date will be set by the Court and the parties if the case does not settle at the pretrial conference. 6. Sanctions. Failure to comply with this order, or failure to appear at the pretrial conference, may result in sanctions including but not limited to assessment of costs, entry of default or dismissal, and/or striking the jury demand. 7. Liaison. Please call the court contact person listed above with any questions or to report settlement in advance of the pretrial conference. MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION Further Orders of the Court. 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 November 25, 2024 Joseph B. McIntyre HC0006:07/2024 www.mass.gov/courts Date/Time Printed: 11-25-2024 13:31:29 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: Brian Wilson &Steve Wilson are the Owners of a property located at 16 Denver Drive in the Town of Yarmouth. 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 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, 11/7/2023,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 court of this complaint with the above language being incorporated by reference in each count. _we., Timothy S Sears, Complainant TAKEN AND SWORN TO, this 26th day of August 2024 A TRUE COPY ATTEST: BEFORE SAID COURT CLERK MAGISTRATE MAILING ADDRESSES: BRIAN WILSON 15 SWALES FARM RD PLYMOUTH, MA 02360 STEVE WILSON 16 DENVER DRIVE WEST YARMOUTH, MA 02673 SUMMARY OF MATERIAL FACTS ■ VIOLATION LETTER SENT 11/7/2023 (EXIHIBIT A) ■ NON-CRIMINAL BUILDING CODE TICKETS MAILED 1/8/2024 & 4/18/2024 (EXIHIBIT B) ■ LETTERS OF IMPENDING COURT ACTION MAILED TO BRIAN & STEVE WILSON 8/9/24 (EXIHIBIT C) ■ PROPERTY RECORD CARD (EXIHIBIT D) ■ MAILING RECIEPTS (EXIHIBIT E) y k TOWN,a Y- OUTH 1146 Route 2849 9 . $iouth, MA 02664 508-398-223; :` A Ai $08-398-0836 Office of •' 144- a>�nmissioner v' c MA � "1\ 'k " J�.)+ +a u r VIOLATION NOTICE Mello& Wilson Cranberry Corp. 16 Denver Dr West Yarmouth,MA 02673 November 7, 2023 RE: 16 Denver Dr—work without permit—bathroom/laundry Dear Mr. Wilson, It has come to our attention that work has been done on your 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 780CMR 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, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth EXIHIBIT A ': f + .5w ,. ,v, c, ''e�{e pt7' .i�' R Ya� 'a ' . Pys as y'- .' : r rm a , - L '• . TICKET# it T F . .Aro __. ... - s kz sL B051 — 028627 DATE ISSUEDISBUlD = _,_.. ►• �-0....... OR DSII E BUILD@{Ip OFFICIAL E) OFFICER I.D.NUMBER sb,, 7R71;,,,,, ,, \-- ,\J t Y` l.li 0 STATE BUILDING INSPECTOR(OR DESIONEE) /{ ) t'‘ <p�j) 5 NAME OF OFFENDER(LAST) I �� 5 (FIRST) 1> 1 s J, (MI) l ADDRESS CITYITOWN ZIP CODE ,, yAr,in (,v /0, M 0103 DATE OF VIOLATION TIME LOCATION OF VIOLATION(INCLUDE#,ST,CITY TOWN)- STATE ZIP CODE \' -\.'-\ \( SQe v{r '\�.4 k \At t.5-1/ w\G v M Pr G 1\6`7 "3 VIOLATloNs(s): Building Code, 780 CMR (Code of Massachusetts Regulations) Check One: f 2. 1As 9 ❑No specific conditions to be corrected ❑Warnings of violation(s)only ll kContinuing conditions to be y:(dattedplthki 24hturs Conditions to be corrected by:(date) 11 ON ,, L Vioiation(s)780 CMR (1 offense=$100. 2nd offense=$500. 3'd or subsequent=$1000.) Description of Condition: Description _ Assessment Sec: ‘ gees Y'r\ 1 ZW \f-rol $ k U 0 t 0(\ f)c - In. ir'c' . U v 1 i Q r }- Sec: Emergency Lighting and/or Signage $ ,. Sec: Occupant Load Exceeded $ Sec: Interior Finish g _ Sec: Occupant Notification Devices Sec: Fire Detection Devices _ _ Sec: Sprinkler System 4 , 9 1 — EXIHIBIT B Report Attached ❑Yes ❑ No Total • _. ue: r nt D _ ❑This is a 2nd or subsequent offense Date(s)of prior Offense(s) OFFICER CERTIFICATION: I certify that I am authorized to issue this M (ding Code Violation Notice in accordance with the provisions of M.G.L. C. 148a. I further certify that(check one): pr F ❑ I have delivered a copy of this violation to the offender,or the offender's agent at the time and place of the violation Signature of offender or agent of the offender upon receipt: Name: Date: ❑ Check here if offender refused to accept delivery(Note:Whoever upon the request of any local or state code enforcement officer refuses to state his/her name and address shall be punished by a fine of not more than$200.00(M.G.L C.148A.) I have mailed a copy of this violation notice to the offender at the offender's last known address. ❑ I have delivered a copy of this violation at the offender's last known address. ,, ire �� , e s1 g m r ' 'Tr' ' h 3" �' s� 1 ❑ Address of mailing or delivery: ; 'L $'d MAKE PAYMENT OR REQUEST AN APPEAL TO: i 0 4 iN ' m (PLACE LABEL HERE) 1 di ,, � -r. , z +sue �. 0 ;7s ''' ,. )I ' dip. ; y � ,,,, ,-` OFFICERS COPY 4 " ; ' 4 7 '' � � �e TICKET# F -. f K M G "'"T 1T s 1 xis•P 4F. � i 'a :r ', ' P 6 ' "' g ,.a .. 1: �' �. � � _ � B051 - v26646 DATE ISSUED DEPARTMENT ISSUING NOTICE ISSUED Br.�'=UILDRIci Co�w,ss4o Ea(oH ossaNEe) BuRosKi OFFIdAL(Panrt NAME) OFFlCEH I.D.NUMBER t%1 . 1 •u v i Y^ 1 f , ❑STATE BUILDING INSPECTOR OH DES GNEE t' NAYS OF OFFENDER(LAST) 1- (FIRST) c� l (MI) 5 ADDRESS OWN S ATE ZIP CODE \(� \ �vQc-- c1, �� IA r'\c,v4, rv,' CC ) 3 DATE OF VIOLA TIME LOCATION OF VIOLATION(INCLUDE#,ST,CITY,TOWN) STATE ZIP CODE I\$i�.i `c., ok vZ_r U . Li� y,P\r Eck, (1-, rf\A 0)- 67 Y VIot.ATioNs(s): Building Code, 780 CMR (Code of Massachusetts Regulations) Check One: ❑No specific conditions to be corrected fix* ❑Warnings of violation(s)only {'�Continuing conditions to be corrected within 24 hours ❑Conditions to be corrected by:(date) 'Violation(s)780 CMR (1" offense=$100. 2^doffense=$500. 3'd or subsequent=$1000.) Description of Condition: Description _ _ Assessmentc� ! Sec: `�c. grew \�C\M , ,C�V�(`2{l $ JOf, j to - c cr* w 1 '('i- V( P rvvl , i, Sec: Emergency Lighting and/or Signage $ Sec: Occupant Load Exceeded , _ $ Sec: interior Finish Imo' - Sec: Occupant Notification Devices - EXIHIBIT - Sec: Fire Detection Devices _ $eC: Sprinkler System ";`. � $ Report Attached ❑ Yes ❑ No Total t Due �} 60 IkThis is a 2nd or subsequent offense Date(s)of prior Offense(s) OFFICER CERTIFICATION: I certify that I am authorized to issue this M ti j5e s*ling Code Violation Notice In accordance with the provisions of M.G.L. c. 148a. I further certify that(check one): s ❑ I have delivered a copy of this violation to the offender,or the offender's agent at the time and place of the violation Signature of offender or agent of the offender upon receipt: Name: Date: ❑ Check here if offender refused to accept delivery(Note:Whoever upon the request of any local or state code enforcement officer refuses to state his/her name and address shall be punished by a fine of not more than$200.00(M.G.L C.148A.) I have mailed a copy of this violation notice to the offender at the offender's last known address. ❑ I have delivered a copy of this violation at the offender's last known address. ? € ,4 ❑ Address of mailing or delivery: ,xi , MAKE PAYMENT OR REQUEST AN APPEAL TO: '� �� vzs a. '.A-. .,. ' a, s ue. ,'; �. , { PLACE LABEL HERE , '�� '� ti,� a# � t OFFICERS COPY f Y4,4 TOWN OF YARMOUTH 0 :t` p Office of the Building Commissioner 1146 Route 28, South Yarmouth, MA 02664 le �Vq Ky ~�' 508-398-2231 ext. 1260 Fax 508-398-0836 4cDRP0RAIEl)�l', NOTICE OF PENDING COURT ACTION Steve Wilson Mello & Wilson Cranberry Corp. 16ve D rr Dr EXIHIBIT C West Yarmouth, MA 02673 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 departmen U.S. Postal Service' CERTIFIED MAIL° RECEIPT .0 Domestic Mail Only Very Truly, ti For delivery information,visit our website at www.usps.com t' o OFFICIAL USE ri Tim Sears CBO Postage $ Deputy Building Commissioner .* ceded Fee Postmark ReturTown of Yarmouth a (Endorsement Required) Hereeceipt Fee Restricted Delivery Fee (Endorsement Required) ru ti Steve Wilson �- Mello & Wilson Cranberry Corp. o .3 16 Denver Drive e. West Yarmouth, MA 02673 Of Y4,�eL TOWN OF YARMOUTH t �. '. o Office of the Building Commissioner 3 _ .c 1146 Route 28, South Yarmouth, MA 02664 q 508-398-2231 ext. 1260 Fax 508-398-0836 CORPORATE-�6 NOTICE OF PENDING COURT ACTION Brian Wilson Mello & Wilson Cranberry Corp. 15 Swales Farm Rd HIBIT CPlymouth, MA 02360 EXI 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. U.S. Postal Service- Questions regarding this matter may be directed to this department CERTIFIED MAIL' RECEIPT 1-9 In Domestic Mail Only tiFor delivery information,visit our website at www.usps.com Very Truly, o OFFICIAL USE to /J ra Postage $ Certified Fee Tim Sears CBO Cl Return Receipt Fee Postmark Deputy Building Commissioner O (Endorsement Required) Here 0 Town of Yarmouth o (Endorsement,tRequired) ■_ fv a ru Brian Wilson 4 a Mello & Wilson Cranberry Corp. o c 15 Swales Farm Rd Plymouth, MA 02360 --•-••- �•�� ee-everse or instruction Property Location ROUTE 28 Map ID 38/4/// Bldg Name State Use 7100 Vision ID 3819 Account# 3819 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/14/2023 8:55:44 PM CURRENT OWNER TOPO UTILITIES STRT I ROAD LOCATION CURRENT ASSESSMENT 1 Level 2 Public Water 1 Paved 4 Bus.District Description Code Appraised Assessed MELLO WILSON CRANBERRY CORP 6 Septic 61A 7100 57,000 57,000 815 61A LAND 7100 402,400 60,000 16 DENVER DR SUPPLEME AL DATA YARMOUTH,MA Alt Prcl ID 25/A016/// VOTE WEST YARMOUTH MA 02673 MISC 190 VOTE DATE SEWER P PHASE 1 PRIVATE BETTERM VISION PLAN # 764A-B-D ZIP CODE 2673: GIS ID M_304171_823583 Assoc Pid# Total 459,400 117,000 RECORD OF OWNERSHIP BK-VOUPAGE SALE DATE O/U V/I SALE PRICE VC PREVIOUS ASSESSMENTS(HISTORY)* MELLO WILSON CRANBERRY C 476548 0 01-17-1989 U I 0 Year Code Assessed Year Code Assessed Year Code Assessed MELLO-WILSON CRANBERRYC 0 I 0 2024 7100 57,000 2023 7100 49,500 2022 7100 45,600 7100 60,000 7100 59,500 7100 57,800 Total 117,000 Total 109,000 Total 103,400 EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a Data Collector or Assessor Year Code Description Amount Code Description Number Amount Comm Int APPRAISED VALUE SUMMARY Total 0.00 Appraised Bldg.Value(Card) 56,400 ASSESSING NEIGHBORHOOD Appraised Xf(B)Value(Bldg) 0 Nbhd Nbhd Name B Tracing Batch 0001 Appraised Ob(B)Value(Bldg) 600 NOTES Appraised Land Value(Bldg) 402,400 CHASE SWAMP BOG Special Land Value 60,000 I/A Total Appraised Parcel Value 459,400 ECO=LOC EXI I-I I B IT D Valuation Method C ALSO KNOWN AS 16 DENVER DR CW Total Appraised Parcel Value 459,400 BUILumr PLRMIIT RECORD VISIT/CHANGE HISTORY Permit Id Issue Date Type Description Amount Insp Date %Comp Date Comp Comments Date Id Type Is Cd Purpost/Result 807 12-17-1997 CM Commercial 20,000 06-19-1998 100 06-10-1998 STORAGE B 04-25-2014 GM 00 Measur+Listed 01-01-2014 BH 01 1 CY CYCLICAL 2014 07-26-2004 GM 00 Measur+Listed 06-18-1999 WW 43 Change Reinspection 06-19-1998 BD 03 Measur+InfCrd returned 10-16-1995 JF 00 Measur+Listed 08-11-1995 PW 04 MeassyrNac/Boarded uo LAND LINE VALUATION SECTION B Use Code Description Zone Land Type Land Units Unit Price I.Factor Site Index Cond. Nbhd. Nhbd Adj Notes Location Adjustment Adj Unit Pric Land Value 1 7100 CRANBERRY M 36.920 AC 10,900.00 1.00000 0 1.00 1.000 61A 1,624 10,900 402,400 Total Card Land Units 36.92 AC Parcel Total Land Area: 36.92 Total Land Value 402,400 Property Location ROUTE 28 Map ID 38/4/// Bldg Name State Use 7100 Vision ID 3819 Account# 3819 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/14/2023 8:55:44 PM Element Cd _ Description Element Cd Description — Style: 35 PreEngrdGarage BAS Model 96 Ind/Comm Grade 01 Minimum Stories: 1 Occupancy 1.00 MIX D USE Exterior Wall 1 27 Pre-finsh Metl Code Description Percentage Exterior Wall 2 7100 CRANBERRY MDL-96 100 Roof Structure 03 Gable/Hip 0 Roof Cover 01 Metal/Tin 0 Interior Wall 1 01 Minim/Masonry COST/MARKET VALUATION Interior Wall 2 Interior Floor 1 03 Concr-Finished RCN 89,539 Interior Floor 2 Heating Fuel 03 Gas so Heating Type 03 Hot Air-no Duc Year Built 1998 AC Type 01 None Effective Year Built Bldg Use 7100 CRANBERRY MDL-96 Depreciation Code A Total Rooms Remodel Rating Total Bedrms 00 Year Remodeled Total Baths 0 Depreciation% 17 FunHeat/AC 00 NONE Ext.Commentonal Obsol 020 Frame Type 05 LT STEEL Trendn1 Baths/Plumbing 00 NONE Factor 1 Condition Ceiling/Wall 00 NONE Condition% Rooms/Prtns 01 LIGHT Percent Good 63 Wall Height 12.00 RCNLD 56,400 %Comn Wall 0.00 Dep%Ovr 42 1st Floor Use: 7100 Dep Ovr Comment Misc Imp Ovr Misc Imp Ovr Comment Cost to Cure Ovr Cost to Cure Ovr Comment 03-OUTBUILDING&YARD ITEMS(L)I XF-BUILDING EXTRA FEATURES(B) Code Description UB Units Unit Price Yr Blt Cond.Cd %Good Grade Grade Adj Appr.Value SHD2 W/LIGHTS ETC L 64 9.00 1960 50 0.00 300 SHD1 SHED FRAME L 80 8.00 1960 50 0.00 300 BUILDING SUB-AREA SUMMARY SECTION Code Description Living Area Floor Area Eff Area Unit Cost Undeprec Value . BAS First Floor 2,100 2,100 2,100 42.64 89,539 / Ttl Gross Liv/Lease Area 2,100 2,100 2,100 89,539 at. SENDER: COMPLETE TN'S SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,AFI43. A. Signature • • Print your name and"address on the reverse `�o .42-agent so that we can return the card to you. X , -►� •,<---,`•■ Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed N,ne) / C.Date of.Dglivery • or on the front if space permits. 4 4 / „� 1. Article Addressed to: - _ - D. Is delivery address different froth tipw.dn ,ra "A + If YES,enter delivery address tie 0 No Mello &Wilson Cranberry Corp:;---_y . 16 Den , 4 Dr NJ Is West Ya...outh, MA 02673 3. Service Type 0 Priority Mail Express® 11111111111111111111111111110111111 IIIIIIII ❑Adult ignature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted 9590 9402 8432 3156 9255 61 ❑Certifiede ed Mall®estricted Delivery 0 Delivery gnatu a ConfirmationTM 0 Collect on Delivery 0 Signature Confirmation 2. Article Number ransfer from service label 0 Collect on Delivery Restricted Delivery Restricted Delivery -- ... —-- -fail 7022 2410 0000 1374 8751 talll Restricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A. Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. '"-'-"-`-'s ,--"^•--'aVo. --•- . D.Is delivery address different from item 1? 0 Yes -- If YES,enter delivery address below: 0 No Bria Mell• se. Cranberry Corp ' 15 Swa - ' • -; m Rd W Plymouth, ',. 02360 moo III IIIIII IIII IIIIIIII I IIII II IIIII(III IIII II III 3. Service TypeImill 0 Adult Signature 0 Priority Mail Express® 0 Registered MaiITM Adult Signature Restricted Delivery 0 R Istered Mail Restricted 9590 9402 8432 3156 9285 62 0 Certified Mall Restricted Delivery ❑Signature Confirmation TM ❑Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑an.irnrl mad 7 014 2120 0004 1910 2431 IMail Restricted Delivery 00) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3. A Signature • Print your name and address on the reverse X 0 Agent so that we can return the card to you. 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1- A,tioln Aridraamd", - ------•-— -- D. Is delivery address different from Rem 1? ❑Yes 1 ._'w- If YES,enter delivery address below: 0 No Mello &Wilson ,-'.,z Corp 16 Denver - West Yarn With, 673 Priority III�'I�I I' IIIIIIIitIIIIIIII 0 Adult Signature everyed❑Mutt Sign Restricted Delivery ❑Deg stered Mall Restricted •Certified Mall®9590 9402 8432 3156 9257 21 ❑Certified Mall Restricted Delivery 0 Signature ConfirmatlonTM 0 Collect on Delivery ❑Signature Confirmation _2. Article Number LT/anger J !m s.@BMIce abed__ _.-_..-_ ❑Collect on Delivery Restricted Delivery Restricted Delivery • i Mail 7014 2120 0004 1910 2486 i Mall Restrkited . PS Form 3811,July2020 PSN 7530-02-000-9053 Domestic Return Receipt