HomeMy WebLinkAboutViolation Notice 6/9/23 p.
TOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
VIOLATION NOTICE
Carrissa Gray
41 Browning Ave
South Yarmouth, MA 02664 June 9, 2023
RE: 41 Browning Ave—apartment in basement
This letter constitutes a formal zoning enforcement order under MGL Ch 40A.
Dear Ms. Gray,
It has come to the attention of the Building Department that an apartment has been created on 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 ($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.
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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.
Questions regarding this matter may be directed to this department.
Very Truly,
Tim Sears CBO
Deputy Building Commissioner
Town of Yarmouth
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South Yarmouth, MA 02664
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