HomeMy WebLinkAboutnotices of violations 2011001Date of Notice:
Property Address:
Type of Inspection:
Name:
Mailing Address:
TOWN OF YARMOUTH
BUILDING DEPARTMENT
1146 Route 28, South Yarmouth, MA 02664 S08 -3gg-2231exL 1260
NOTICE OF VIOLATION
July28,20ll Dateoflnspection: Jdy22,20ll
27 -29 Anchorage Lane, West yarmouth, MA 02673
780 CMR (MA State Building Code); Town of yarmouth Zoning Bylaw
John A. and Eleni Kontis
20 Lafayette Place, Woburn, MA 0lg0l
Owner (X) Tenant
On July22,2011,l visited yovr prorr;rty at27-29 Anchorage t ane, West Yarmouth, MA 02673, on the basisof a complaint received by the Health Department. I was aC-companied by Housing Inspector Brian Heaslip ofthe Yarmouth Health Department. I observed several violationi of 780CMR (tr.i'a siate Building Code):
27 Anchorage Lane- A rear deck has been built without a permit. The corner posts of thisdeck rest on concrete blocks only, without footings.
29 Anchorage Lane - A gas lireptace has been instaled in a sreeping space. A storage areaover the garage has been converted into a sleeping space. ttrere is nJfire separation betweenthe garage and this sleeping space.
Please note the following 780 CMR provisions (the International Mechanical Code is pan of 7g0 CMR):
5110.1 Permit Applicaion. It shall be unlawful to construct, reconstruct, aber, repair, removeor demolish a detached one-and rwo-famiry dwefiing; or to instalr or arter any equipment 1o,which a provision is made or the insta ation of which is regurated by 7g0 CMR 5r'.00 through99.00 without Jirst filing a written application with the building ofiiial and obtaining therequired building permit and all other required permits therefori.. "
5403.1.4 Minimum Depth; All exterior footings shall be placed on undistnrbed ground or onengineeredfill and shail be frost protected as required iy 7g0 cMR s403.r.4.r:
5403.1.4.1 Frost Protection. Except where otherwise protected from frost, footings, foundationyalls, pien and other permanent supports of buitdings and ttrirturr, ,hniir be pireictea yrom
frost by one or more of the following methods:
l. Extending a minimum of .18 inchel e2t9 mm) below finished grade at att points.2. Constructing in accordance with 780 CMR 5403.3;
3. Constructing in accordance with ASCE 3241 ;
4. Erected on solid roclc
Exceptions:
l. Freestanding accessory structures, except garages, with an area of 400 square feet (37 mz)or less and an eave height of tenfeet (304g mm) or ress shaL not be requirei to bi p-)irtra.
2. when the toundation grade is estab$shed by a registered architect or registered
profes sio nal engineer.
Footings shall not bear, or be placed on frozen soil.
7E0 CMR 9304.8 Smoke, Heal Detection and Carbon Monoxide Alarn Systems and CO Detection andAlatm. Wen one or more sleeping rooms are added or created in existing dweltings, the entire existingbuilding shall be provided with smoke detectors, heat deteuor and carboi monoxiie detectors designed,
located and installed in accordance with the provisions for new construction, 7g0 CMR 5313, asapplicable.
lfa garage is created under an existing dwelling or attached to an existing dwelling, a heat detector,
conforming to the requirements of the code for new constracrion shall be initalted inlhe garage: suchrequirement is not applicable for detached garages (see 780 CMR 53], 3.2). If the dwelling ui"rgo",
complete reconstructk;n such that all watls and ceilings are open to framing-, then the eniire exisiingbuilding shall be provided with smoke detectors, heat detector and carbon monoxide detectors designed,Iocated and installed in accordance with the provisions for new constuction (see 780 CMR 53 13 inclusiveand as applicable).
ln an existing bro-family dwelling, if one or more sleeping rooms are added or created in only one of
the no dwelling units, the dwelling unit acquiing new sleeping rooms shall be providcd with imokedetectors, heat detector an'd carbon monoxide detectors, as applicable, designei, located and installed inaccordance with the provisions lor new construction.
In an existing two-family dwelling, if, dunng a repair/reconsrruction event, one or more sleeping rooms
a.re added or created in both of the rwo dwelling units, the entire building shall be provided wii smokedelectors, heat detector and carbon monoxide detectors, as applicable, iesigned, Lcated and instatted inaccordance with the provisions for new constructionfor two-family buildings.
Note: Co detector requirements for existing R4 uses are also govemed, by 527 cMR 31.00 and 24g
CMR.
780 CMR 6701.4 Prohibiled Sources. Combustion air ducts and openings shall not conneo appliance
enclosures with space in which the operation of a fan may adversely affeu the flow of combustion air.combustion air shall not be obtained from an area in which Jtammabte vapor; pres; a hazard. For
lossil fuel-fireil appliances, reler to 248 cMR or s27 cMR to determine prohibited sources of
combustion air, unless allowed by 248 cMR or 527 cMR or 7g0 cMR s1.00 through 99.00 asapplicable, Juel'fired appliantes shall not obtain combustion air from any oJ the foltiwing rooms or
spaces:
1. Sleeping rooms
2. Bathrooms.
3. Toilet rooms.
Internotional Mechanical Code 303.3 Prohibiled hcations. Fuel-fired appliances shall not be located in,or obtain combustion air from, any of the following rooms or spaces:
1. Sleeping rooms
2. Bathrooms
3. Toilet rooms
4. Storage closets
5. Surgical rooms.
27-29 Anchorage Lane Notice of violation page 2
27-29 Anchorage Lane Notice of Violation page 3
5309'2 Separation Required. The garage shall be separatedfrom the residence and its attic areaby not less than 5/B inch ryp.e x gltpsum board or equivaleit (ts.g mm) gypsui ioara appriedto the garage side. Garages beneath habitable rooms shal b, ,"pororri yii- ay habitabrerooms above by not less -than 5/8 inch ( I 5.9 nm) Type X gypsum board ir equivalint. Were theseparation is afloor ceiling assembly, the structure supporting the separatiin shall also beprotected by not less than S/8 inch (15,9 mm) gypsum' ioard i, equiialent.
lown of Yarmouth zoning Bylaw 103.1,1 Comoliance certificaion. Buildings, structures or land may notbe erected, substantially aherrd o, "hangrdTi^iii iiiifi&on by thJ Buiiaing Inspector that srchaction is in compliance with then applicable zoning, or without review bi him ,"g"railg whether allnecessary permits have been received from those govemmentat agenciei from wiich aiproval is requiredby federal, state or local law. Issylncg ol a buirdig permit or cenificare of use and occupancy, whererequired under the Commonweahh of Massachuseiti State Buitding Code,-may serve as such cenifi.cation.
At the time of my visit, the gas fireplace was not operational. [t is, however, connected to a flue, and could bemade operational at any time. The room in which it's placed is being used as a sleeping space, ano its removalis therefore required.
Please be aware that the violations cited above refer to the seventh Edition of 7g0 cMR, which is in useat this time concurrently with the Eighth Edition. As of August 4, 2011, this concurrency period ends,and only the Eighth Edition will be in force. Any permits iszued after that date will have to comply withthe standards of the Eighth Edition.
You are hereby ordered to abate or correct said violations within l0 (10) days. Failure to do so mayresult in criminal / civil complaints being filed against you. You may be suqect to nies as prescribedby pertinent taws and regurations, and/or the issuance of rerevant li";;;;; i"uy.a.
If you wish to appeal the order conceming the zoning violation, you may seek relief by filing the requiredapplication for a public hearing and appeal with the iarmouth Zoning Btard of Appeais pursuanr to MGLChapter 40A. If you wish to appeal the orders conceming the building iode viotations, yo, 111ay seek reliefbyfiling the required application within forty-five (a5) davs to the Commonwealth of i4ass. Building CodeBoard of Appeals pursuant to the provisions of 7g0CMR, Section 122.
Signed:
Andrew L. Arnault, hcal Building Inspector
Copy to: Yarmouth Health Department
Yarmouth Fire Department
7oe 11
Date
CERTIFIED MAIL: 7009 0080 0002 0924036r'
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TOW-N OF YARMOUTH
I I +(i ROI-''TE 28 SOUTH YAR\!OL;]'H \IASS,\CJHL,SITTS 0266.1-445I
Telephoue 1508) 398-223 t, Exr. t2.1I -- Fax ,508; 760_3 172
BOARD OF HEALTH
March 17, 201 I
John A. Kontis
Eleni Kontis
20 [.afayette Place
Wobum, MA 01801
Re'. 27 -29 Anchorage Lane
Complaints and Violations
Greetings:
The enclosed registration forms are to be filledwill be necessary for you to contact your tenant
.4,
and retum with the fees required. It
d schedule inspections with this office
Enclosed, please find copies of photos of your rental property, an as-built of the septicsystem and a rental registration form for each of the two j2; units.
You will notice that two trailers and a truck are shown positioned over the leaching fieldof the septic system. The sysrem is.not designed to carry this weight. Allowinl r#;"-^-continue may cause a premarure failure of same.
There are two unregistered vehicres parked on the other side of the dwelling. Zoning byl.*..dJg*: for only one unregisrered v^ehicle per property. There is ,rffi"i"ii p_tffi-'available in the prescribed driveways for the ienant,i usi.
we have-received complaints from.more than one neighbor regarding overcrowding andnoise at the property and occasional accumulations or-ruubisvgaruag. o, tt. e*t tii. itis alleged thar there may be up to 14 people and numerous vehires rlgularry ror"Jut tr,.property. one photo shows brack bags to the rear of the house. These ipparently .on,^in-r.ard rakilcl'^91c. It arso is apparent that these bags are the same bags that have been theresince early 2010.
Please have them removed from the property upon receipt of this notice. It is yourresponsibility to maintain the property, occupied or not,ln a clean and saritary -anner.
I have been told by a neighbor that the tenants at 2g Anchorage r.ane are occupying thearea above the garage for living space. This area is Nor to be used as trabitabie spice.The dwelling is a duprex with two (2) bedrooms each side arowing for a maximumoccupancy of four (4) persons in either unit.
out
s
for each unit within the next l0- 14 days. If you can not be present, prease have a personof your choosing to attend in your absence. I will need a"ciss to all areas of the dwellingand propeny.
I will be accompanied by representatives of the Bu
I look forward to your anticipated cooperation.
Fire Departments.
an
Housing Inspector
Cc: Chairman, Board of Health
Andrew Amault, Building Inspecror
Lt. lnspector Jon Sawyer, yFD
file