HomeMy WebLinkAboutFinal Appeal to Zoning Board of Appeal Received 11.10.25Master Deed and statutory protections for condominium governance under Massachusetts General Law
c.183A.
2. Violation of Massachusetts State Building Code and Permit Requirements
• The plans and remodeling work for 183 South Sea Avenue were under review by the property owners
and planning participants over the preceding eighteen months. Notwithstanding that review period,
construction of the garage was commenced and progressed without lawful authorization specific to the
garage structure.
• Proceeding with construction without a valid permit is actionable under the State Building Code and
Massachusetts General Laws. The Appellant asserts that the owners of 183 South Sea Avenue
knowingly proceeded without securing a permit specifically authorizing the garage and that the Building
Department permitted work to continue in the absence of proper approval.
• 780 CMR §R113.4 provides that violation of any provision of the State Building Code is punishable by
a fine of up to $1,000, imprisonment for up to one year, or both, for each violation.
• Massachusetts General Law c.143, §94 further classifies knowingly proceeding without a permit as a
misdemeanor, subject to identical penalties, with each day of violation constituting a separate offense.
3. Misrepresentation and Submission of False Information to Inspectors and Officials
• The Appellant alleges that Andrew and Cynthia Laird, together with certain personnel in the Yarmouth
Building Department, represented to code inspectors and other municipal officials that Permit
BLDR-24-322 encompassed authorization for the garage, when no such authorization was granted by
that permit.
• These representations improperly influenced inspections, approvals, and issuance of subsequent
documentation and contributed to an inaccurate municipal record concerning the scope of authorized
work at 183 South Sea Avenue.
• Massachusetts General Law 266, §67B criminalizes the submission of false, fictitious, or fraudulent
claims to a state or local agency, punishable by fines up to $10,000 and/or imprisonment
4. Failure of the Yarmouth Building Department to Enforce Lawful Permitting and Inspections
• The Building Department failed to exercise its enforcement authority by declining to issue a stop-work
order or otherwise halt construction when information showing unpermitted work was available to them
on or about December 20, 2024.
• The Department issued a certificate of occupancy on or about July 18, 2025 despite facts indicating
active unpermitted construction and without documented septic approval for 183 South Sea Avenue
(septic approval in the record appears to have been issued for 185 South Sea Avenue on May 21, 2025).
• The Building Department’s actions and omissions hindered timely review and enforcement and
contributed to continued construction activity that may be inconsistent with the Building Code, local
bylaws, and condominium restrictions.
5. Conflict with Zoning Decision Conditions and Zoning Bylaw 103.1
• The Zoning Board of Appeals’ June 22, 2023 decision approving the Crowell Condominium creation
was expressly conditioned on avoiding undue nuisance, hazard, or detriment to neighborhood character,
as required by Yarmouth Zoning Bylaws 103.1. The garage, as constructed and sited, violates those
conditions by:
o Creating an undue nuisance and encroachment on the parcel at 185 South Sea Avenue; the Laird
owners have acknowledged visual impacts and offered only infeasible remediation such as
supplemental plantings in an area physically insufficient to achieve the claimed mitigation, as the
garage is within inches from the exclusivity line.
o Creating a potential fire and safety hazard given its proximity to the exclusivity line and reported
unlicensed electrical work performed on the structure by Andrew Laird. Repairs and
maintenance to the garage as constructed would require access to the neighboring parcel (185
South Sea Avenue), raising trespass and safety issues.
o Increasing perceived density and congestion in a manner inconsistent with the neighborhood and
town character protected by the Board’s conditional approval.
6. Discriminatory Treatment and Unequal Enforcement
• The owners of La Mare, LLC, who are primarily seasonal residents, have been treated differently by the
Building Department compared to the year-round owners of 183 South Sea Avenue. The Appellant
documents multiple instances in which the Building Department
o disregarded or minimized complaints from La Mare, LLC,
o misrepresented the appeal period for permits that had not been issued
o failed to enforce requirements consistently
o treated the Appellant in a discourteous way
• The Appellant alleges that these actions created undue emotional, time and financial burdens and
resulted in diminished confidence in equitable municipal administration.
• The Appellant alleges that the position of Andrew Laird as Golf Enterprise Committee member also
influenced the treatment received from the Yarmouth Building Department.
7. Violation of the Massachusetts Public Records Law and Access Failures
• The Building Department repeatedly refused or delayed release of requested public documents related to
permits and associated communications, eventually replying after ten (10) separate requests by or on
behalf of the Appellant.
• The Department’s failure to produce records in a timely and transparent manner impeded meaningful
review of the permit and inspection history and frustrated the Appellant’s ability to protect its interests
and the civil litigation with the owners of 183 S Sea Avenue.
8. Administrative and Recordkeeping Errors Concerning Addresses and Ownership
• The Building Department issued permits, inspections and approvals under incorrect addresses and
without adequate verification of the legal owners of record, despite official notice of an address
reassignment from the Town on February 23, 2024.
• Examples include energy code inspections and septic approvals recorded for the incorrect parcel (with
applicable approvals recorded for 185 South Sea Avenue rather than 183 South Sea Avenue), and
acceptance of condominium site plans that list incorrect owners and address for the work permitted.
These administrative errors materially affect the legitimacy of approvals and the chain of title and notice
to affected parties.
Relief Requested
The Appellant respectfully requests that, after review and hearing, the Zoning Board of Appeal grant the
following relief:
1. Revoke Building Permit BLDR-25-363 issued for 183 South Sea Avenue.
2. Determine that the garage was unlawfully constructed without proper condominium consent and
applicable permits and order its removal.
3. Direct the Town Manager and/or Select Board to initiate an independent, documented administrative
investigation of the Building Department’s issuance and inspection practices with respect to
BLDR-24-322 and BLDR-25-363, and to identify any procedural or statutory violations and recommend
corrective measures.
4. Adopt or promulgate a clear administrative requirement that documented condominium consent
(signed and recorded where required) be presented and verified before issuing permits that affect
condominium common elements or the condominium exterior.
5. Order remedial measures to ensure consistent, nondiscriminatory enforcement of building and
zoning laws, including training for Building Department staff and documented public notice procedures
for complaints and permit appeals.
6. Grant any further relief the Board deems necessary to restore compliance with the Master Deed,
state law and Town bylaws and to protect the Appellant’s property rights.
Reservation of Rights
This appeal is submitted without waiver of any rights or remedies available under law, all of which are
expressly reserved. The Appellant expressly reserves the right to supplement this submission with additional
documents, evidence, affidavits, or legal arguments and to pursue other administrative or judicial remedies as
allowed by law.
Enclosures and Supporting Materials
The Appellant will submit and rely on the following documents at the hearing and requests that these materials
be included in the record:
• A copy of the Crowell Heritage Condominium Master Deed and recorded plans showing exclusivity
lines and restrictions.
• Copies of Permits BLDR-24-322 and BLDR-25-363 and associated application materials and plans.
• Copies of any certificates of occupancy and septic approvals referenced above.
• Copies of written requests for public records and the Building Department’s responses.
• Photographs and site plans showing the garage location relative to exclusivity lines and neighboring
structures.
• Chronology of communications with the Building Department
Conclusion
For the reasons set forth above, the Appellant respectfully requests that the Board grant this appeal, revoke
Building Permit BLDR-25-363, order appropriate remedial measures with demolition of the garage, and direct
an investigation into the Building Department’s handling of these matters. The Appellant stands ready to
provide the Board with any additional documentation or testimony it requires.
Respectfully submitted,
La Mare, LLC
Constantin Carseli and Anca Bulgaru
Date: September 10, 2025
Cc:
Robert Whritenour, Town Administrator
Mark Grylls, Yarmouth Building Commissioner
Select Board, Town of Yarmouth