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Home My WebLink AboutViolation Notice 4/19/24 TOWN OF YARMOUTH 1146 oute 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Buildino Commissioner VIOLATION NOTICE Karl E Anderson TR KBS Realty Trust 50 Great Western Rd Harwich, MA 02635 April 19, 2024 RE: 5-7 Rosemary Ln West Yarmouth—Marine Consignment LLC This letter constitutes a formal zoning enforcement order under MGL Ch 40A. Dear Mr. Anderson, The Building Department visited this address on April 18,2024 regarding the marine consignment store.This store was granted a special permit(#4341)by the Yarmouth Zoning Board of Appeals on April 28,2011.This permit had four conditions listed as part of the decision. 1. Hours of business operation shall be limited to 8:00 am—5:00 pm each day of the week; 2. No hazardous waste nor repair services of inventory shall be conducted at the site, business to be conducted consistent with Petitioner's business plan; 3. The petitioner shall have the Yarmouth Fire Department inspect the property and comply with all of its rules and regulations prior to commencing business at the site; and, 4. Any storage of small boats or inventory outside the building will be confined to that area abutting Lot 9 that is shielded by fencing now installed or to be installed, and to be reasonably set-backfrom such fencing so as to shield such as much as reasonably possible,from view to Lot 9. The inspection noted the following items. • The fence that is installed does not extend the entire border of Lot 9 per condition#4. • It appears that some of the inventory is encroaching onto Lot 9 which does not appear to be "reasonably set-back"per condition#4. • There are various items stored outside, including but not limited to; a junk car, pop-up camper trailer, appliances,etc. These items do not appear to be consistent with the business plan submitted by the Petitioner to the Zoning Board of Appeals per condition#2. It is the determination of the Building Department that this business is not in compliance with the conditions of the special permit and is in violation of the Town of Yarmouth Zoning Bylaws. Failure to comply with the Town of Yarmouth Zoning Bylaw is subject to fines and penalties as allowed per section 101.3 101.3 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. 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 (; 3 oA OK 48C Ps321 & a 4,-2Z 814 06• - OF•Y4 TOWN OF YARMOUTH BOARD OF APPEALS • 0� c� ..1 rl , DECISION 4 NCI FILED WITH TOWN CLERK: May 9,2011 _ PETITION NO: #4341 HEARING DATE: April 28,2011 PETITIONER: Robert Cook PROPERTY: 5-7 Rosemary Lane,West Yarmouth Map&Parcel: 0037.129 Zoning District: R25 Book/Page: 24657/255 MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Joseph Sarnosky,Robert Howard,Diane Moudonris,Debra Martin and Bryant Palmer,Alternate. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Register,the hearing opened and held on the date stated above. The Petitioner seeks a Special Permit to change the use of property located at 5-7 Rosemary Lane, West Yarmouth,Massachusetts,property in the R-25 Zoning District to allowable uses under §202.5 (H-11). At the outset of the hearing,the Board concluded that this prior,non-conforming business property had not had a period of abandoned use that would prohibit the relief sought as a business license in favor of Mr. Rodney Pierce had been valid through 12/31/10 as per the correspondence of James Brandolini, former Building Commissioner and, further,comments of the Building Commissioner set-forth in the Site Plan Review Comment Sheet that the former business that occupied the property(Advanced Air)moved in June, 2010. The Board received several letters,read into the record, in support of the petition. Correspondence was also received from Mr.and Ms. Eric Goddard,owners of abutting Lot 9,also read into the record and which, inter alia,expressed concerns primarily relating to hours of operation,potential repairs being performed at the site and debris and hazardous waste. The Petitioner ably addressed these concerns by noting that his hours of operation would be limited to 8:00 a.m.to 5:00 p.m. (which the Board felt was reasonable); that no repairs or storage of hazardous waste would occur at the site;and,that the business was primarily limited to boat equipment sale and occasional small boat storage for sale. 1 (71) • The Petitioner provided a well thought-out business plan and agreed all activities at the site would be limited to those set-forth in the plan Mr.Howard appropriately pointed out that the Petitioner needed to comply with all Yarmouth Fire Department rules and regulations and should have the property inspected to have a determination regarding this issue resolved before proceeding with operation of the business. Finding specifically that the proposed change of use would create no undue nuisance,hazard of congestion nor any substantial harm to the established or future character of the neighborhood or Town(particularly in light of the lengthy use of this property as a commercial site and the surrounding commercial properties),the Board voted,on Motion made by Ms.Martin,seconded by Ms.Moudouris,to grant the Special Permit as requested by the Petitioner on the following conditions: 1. Hours of business operation shall be Iimited to 8:00 a.m.—5:00 p.m., each day of the week; 2. No hazardous waste nor repair services of inventory shall be conducted at the site, business to be operated consistent with Petitioner's business plan; 3. The Petitioner shall have the Yarmouth Fire Department inspect the property and comply with all of its rules and regulations prior to commencing business at the site; and, 4. Any storage of small boats or inventory outside the building will be confined to that area abutting Lot 9 that is shielded by fencing now installed or to be installed, and to be reasonably set-back from such fencing so as to shield such as much as reasonably possible,from view of Lot 9. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,the Special Permit shall lapse if a substantial use thereof has not begun within 24 months.(See bylaw,MGL c40A §9) r 9t Steven DeYoung,Chap an 2 I. . `ostal ervicer CERTIFIED MAIL® RECEIPT f mestic Mail Only ft1 For delivery information,visit our website at www.usps.com R'1 a- O Certified Mail Fee �O $ Extra Services&Fees(check box,add fee as appropriate) ❑Return Receipt(hardcopy) $ ❑Return Receipt(electronic) $ Postmark ❑Certified Mall Restricted Delivery $ Here ru ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ Postage Total o $ Karl E Anderson TR a- Sent KBS Realty Trust co S`'ee 50 Great Western Rd Er City Harwich, MA 02635 ---