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HomeMy WebLinkAboutHousing Court Documents 3/18/26 COMMONWEALTH OF MASSACHUSETTS Barnstablle County,SS. Housing Court Department The Southeastern Division Bristol, Plymouth &BarnstableCounties 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: Dawn Macklin is the Owner of a property located at 5 Winsome Rd in the Town of Yarmouth. The Defendant operates this building as a short-term rental.The 10th Edition of the Massachusetts State Building Code requires short-term rentals to be inspected every year, and to be issued a Certificate of Inspection.The Defendant was notified of this requirement on or about 7/23/2025. The Defendant did not comply with the provisions of the State Building Code, 780 CMR 51.00 and was served pursuant to Section 114.2 of the Code on or about 11/5/2025, 1/6/2026 and 2/19/2026, 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. Timothy Sears, Complainant TAKEN AND SWORN TO, this 18th day of March 18, 2026 A TRUE COPY ATTEST: BEFORE SAID COURT - _ CLERK M GItTRATE COMMONWEALTH OF MASSACHUSETTS Barnstable County,SS. Housing Court Department The Southeastern Division Bristol,Plymouth&BarnstableCounties 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: Dawn Macklin is the Owner of a property located at 5 Winsome Rd in the Town of Yarmouth. The Defendant operates this building as a short-term rental.The loth Edition of the Massachusetts State Building Code requires short-term rentals to be inspected every year,and to be issued a Certificate of Inspection.The Defendant was notified of this requirement on or about 7/23/2025. The Defendant did not comply with the provisions of the State Building Code,780 CMR 51.00 and was served pursuant to Section 114.2 of the Code on or about 11/5/2025,1/6/2026 and 2/19/2026,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. Timothy Sears,Complainant TAKEN AND SWORN TO,this 18th_day of March 18,2026 A TRUE COPY ATTEST: BEFORE SAID COURT CLERK MAGISTRATE SUMMARY OF MATERIAL FACTS ■ VIOLATION LETTER SENT 11/5/2025 (EXHIBIT A) ■ 2N0 VIOLATION LETTER SENT 1/6/2026 (EXHIBIT B) ■ NOTICE OF IMPENDING COURT ACTION 2/19/2026 (EXHIBIT C) ■ COPT OF COMMUNICATION THROUGH PERMIT PORTAL (EXHIBIT D) ■ RENTAL ADVERTISMENT (EXHIBIT E) ■ PROPERTY RECORD CARD (EXHIBIT F) ,. tolYA TOWN OF YARMOUTH � ~`= ;.4vv- �ol‘I ---4 hi Office of the Building Commissioner � � �''� A � 1146 Route 28 South Yarmouth MA 02664 ;0\\ �' A"',..,. ., ��'A 508-398-2231 ext. 1260 Fax 508-398-0836 �c�RP o R A'i E* ...--: ��G• . ,,,,,... VIOLATION NOTICE Dawn Macklin 36 Dartmouth St Malden, MA 02148 November 5, 2025 RE: 5 Winsome Rd Yarmouth Port, MA 02675 — Short term rental Dear Dawn Macklin, It has come to the attention of the Building Department that this property is being occupied as a short-term rental without a valid Certificate of Inspection. This is a violation of section 110.7 of the Massachusetts State Building Code. 110.7 Periodic Inspections. After receiving an application by the owner or owner 's designee, the building official shall inspect existing buildings and structures, and parts thereof, in accordance with. Table 110: Schedule for Periodic Inspections of Existing Buildings. Such buildings shall not be occupied or continue to be occupied without a valid Certificate of Inspection. Lack of a current Certificate of Inspection may be enforced in accordance with 780 CMR Section 114. 3 Enforcement. 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 this inspection, and make arrangement for this inspection. 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, ,....... .5-7 ., Tim Sears CBO Deputy Building Commissioner Town of Yarmouth EXHIBIT A ,o Y 4` TOWN OF YARMOUTHelii-z. �4 Office of the Building Commissioner rr 1146 Route 28, South Yarmouth, MA 02664 F 508-398-2231 ext. 1260 Fax 508-398-0836 A /ycORPORAlSS) ' F 2nd VIOLATION NOTICE Dawn Macklin 36 Dartmouth St Malden, MA 02148 January 6, 2026 RE: 5 Winsome Rd Yarmouth Port, MA 02675—Short term rental Dear Dawn Macklin, The Building Department has been in contact with you in a letter dated November 5,2024,regarding this property that is being occupied as a short-term rental without a valid Certificate of Inspection. This is a violation of section 110.7 of the Massachusetts State Building Code. 110.7 Periodic Inspections.After receiving an application by the owner or owner's designee, the building official shall inspect existing buildings and structures, and parts thereof in accordance with Table 110: Schedule for Periodic Inspections of Existing Buildings. Such buildings shall not be occupied or continue to be occupied without a valid Certificate of Inspection. Lack of a current Certificate of Inspection may be enforced in accordance with 780 CMR Section 114.3 Enforcement. 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 this inspection, and make arrangement for this inspection. The appeal period allowed by M.G.L. c. 143 §100, has lapsed. Accordingly, the building violation may not be contested, and your compliance is required. You are required to respond within 7 days of receiving this letter. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth EXHIBIT B o Y � • TOWN OF YARMOUTH o Office of the Building Commissioner 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1260 Fax 508-398-0836 MATS/tCiAEe';5E ,C��RPORATAp• NOTICE OF PENDING COURT ACTION Dawn Macklin 36 Dartmouth St Malden, MA 02148 February 19, 2026 RE: 5 Winsome Rd Yarmouth Port, MA 02675—Single Family Home Violations Dear Dawn Macklin, The Building Department has issued you a letter of violation on November 5,2025, and January 6,2026,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. 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 department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth EXHIBIT C 3/17/26, 11:13AM Approval Step:Application Acceptance and Review ` �" Town of Yarmouth, MA ;� March 17,2026 Application Acceptance and Review Record No.BHR-25-748 Status Active Became Active July 15, 2025 Type Approval Due Date None Assignee Sara Provos Record No: BHR-25-748 Rental Registration Status: Active Submitted On:7/15/2025 EXHIBIT D https://yarmouthma.workflow.opengov.com/#/explore/records/806403/1372227 1/3 3/17/26, 11:13 AM Approval Step:Application Acceptance and Review Messages Riley Niederberger July 23, 2025 at 8:07 am Hello Dawn, in order for us to move forward with your application payment must be completed. This can be done on here by card or a check can be mailed in or dropped off at the Health Department. Let me know if you have any questions. Thank you. Dawn Macklin July 23, 2025 at 8:21 am Hi There, I thought the fee was $80. I don't understand why there was an extra $100 at checkout. I was told last year my inspection would be good for 3 years so need for the additional $100 inspection fee, if you are not in fact inspecting the property. Can you revise so I can pay right away? Riley Niederberger July 23, 2025 at 8:30 am Hi Dawn, effective as of July 1, 2025 all short-term rental properties are required to be inspected annually and receive a Rental Certificate from the Health Department as well as a Certificate of Inspection from the Building department. The fee for the Rental Certificate is still $80 and the Certificate of Inspection is the $100 that you are seeing in checkout. Dawn Macklin July 23, 2025 at 9:26 am I am requesting a waiver if the $100 inspection fee as that is not what I was told last year. My property is in excellent condition, as indicated in past inspections and I only have a few rentals this season. Who do I need to appeal this to? Brian Coughlin July 23, 2025 at 10:13 am Hi Dawn, There are new regulations for Short Term Rentals that took effect on 7/1/25. Annual inspections and the increased fee for a Certificate of Inspection are required and cannot be waived. If you have any questions I can be reached at 508 398 2231 ext. 1248. Brian Coughlin Dawn Macklin July 23, 2025 at 10:21 am This is really disappointing after being told something completely different last year. I believe I should be grand fathered in this year. I also don't recall receiving prior notification about this change or I would have expressed my objection earlier. I did not think we were going to rent this year as my first https://yarmouthma.workflow.opengov.com/#/explore/records/806403/1372227 2/3 3/17/26,•11:13 AM Approval Step:Application Acceptance and Review rental request sane just days before July 4th. This feels like a money grab and it stinks. When will the inspector be available to come out and indirect my home? Brian Coughlin July 23, 2025 at 11:49 am Hi Dawn, Inspections are available Mon - Fri from 10 am - 3 pm. Once your application is accepted and reviewed, I can schedule a time that is good for you. Tim Sears July 23, 2025 at 4:14 pm Dawn, The new building code requires that all short term rentals be inspected every year and issued a Certificate of Inspection under Section 110.7 of the 10th Edition Massachusetts State Building Code.The $100 fee is the minimum fee charged by the Building Department for this certificate. It was decided to keep the application with the Health Department as one instead of requiring 2 different applications and fees. Regards Sara Provos July 28, 2025 at 3:42 pm Good afternoon Dawn, this is a reminder to please go online and pay the additional $100.00 Short Term Rental required fee and we will be happy to schedule an inspection for your property. If you prefer to drop off/ mail a check, please make it payable to Town of Yarmouth and mail to 1146 Route 28, South Yarmouth, MA 02664. T hank you, Sara Sara Provos February 13, 2026 at 12:31 pm Good Afternoon,we still have not received your payment for the 2026 Rental Registration. Please go online and make a payment. Thank you. https://yarmouthma.workflow.opengov.com/#/explore/records/806403/1372227 3/3 3/17/26;9:40 AM Contemporary Cape Coddage-Featuring AWESOME backyard space! * IY-iD'h 0 t Open app USD ® Trip Boards List your property Help My trips Sign In F See all properties Share Save '. 4aa 1 aY, _ ,! _ , III ' `�3nim ` liPU4 + i'rrrrdt ,,� b k y , ,,,- , illillr F � "` e � r t v. e a.r '�v`Af+ ''.`q�` arm ,r F nN r 'j'`a'f y oc » ..} Overview Amenities Location Policies Entire home Contemporary Cape Coddage - Featuring AWESOME backyard space! <, Exceptional See all 10 reviews > EXIIIBI1 E Highlights Arcade/game room® A rare find-fun for all ages with on-site arcade and game room. Great location lb Guests value the location for making travel plans effortless. 0] 3 bedrooms a 2 bathrooms o Sleeps 8 `aj 1764 sq ft Popular amenities Q Kitchen Q Washer O Dryer Free WIFI 0 n Air conditioning iHF Gym See all Explore the area '' ' Ask t sy d s O Wilbur Park 2 min drive t o el''`^ ,� f„ 1, t g Ca:: tm1cape Cod Cod 4 min drive 4,- SBaaFtO Br w Pu {� #k ++N,r eke Vineyard Haven,MA(MVY-Martha's Vineyard) 107 min drive �, . Ile^4'n �?t U4 c„¢at Vacgtrnv! Bayberry Hills + See all about this area Golf Course e a 411gnY'�tk� rg' Google ,: F'sik' mr de6 at2o2eGoagla Yarmouth,MA View in a map > https://www.vrbo.com/9316112ha?dateless=true&x_pwa=1&rfrr=HSR&pwa_ts=1773754776886&referrerUrl=aHR0cHM6Ly93d3cudnJiby5jb20vSG90Z... 1/6 3/17/26,9:40 AM Contemporary Cape Coddage-Featuring AWESOME backyard space! Manage your booking faster when signed in Sign in Rooms & beds 3 bedrooms(sleeps 8) Master Bedroom(2nd fl) Mermaid Room(2nd fl) Nautical Room(1st fl) aaa 1 King Bed 2 Twin Beds and 1 Double Bed 2 Twin Beds 2 bathrooms 1st floor bathroom 2nd floor bathroom fq, r' Shower only Shower only Spaces 1,ta Deck or patio Q Kitchen Outdoor play area :41 Garden See all rooms and beds details About this property Contemporary Cape Coddage- Featuring AWESOME backyard space! Welcome to our Cape Coddagel Updated Cape-style home with three spacious bedrooms(sleeps 8),2 baths.Large kitchen with S/S appliances,island with seating also large dining table that seats 8.Step out into the huge yard from the kitchen slider or onto the patio from the kitchen back door.Backyard offers new wood burning fire pit for those s'mores evenings with the kiddos or relax on the patio with adult beverages and the gas fire pit.There Is also a separate grilling area with table and seating. After the beach,rinse off those sandy toes with the new outdoor shower!Luclous,green lawn to kick around a soccer ball,play volleyball,badminton or corn hole!Backyard shed holds all of these fun activities as well as beach chairs and umbrella,cooler,body boards and beach caddy to haul your gear in the sand. These items are neatly organized in the shed.Please return these items to the shed before check out. Family room with 65"tv and double chaise,leather sofa.Family room looks into the kitchen to keep everyone connected.There is a separate,formal living/sitting room near front entrance. Kitchen has all S/S appliances and window A/C that actually also cools family room and living room. Calphalon cookware and knife set,Moccamaster coffee maker,Kitchen Aid Stand Mixer and convection oven/toaster. We also include a blender,waffler,rabbit wine opener,electric can opener,large Lobster Pot and much more! Upstairs: Huge Master with king bed,50"TV and leather loveseat.Portable A/C. Mermaid Room with two twin beds and a full size bed,26"TV,Portable fan and window A/C. Also Downstairs: Nauti Room(nautical bedroom)with two twin beds and 32"Smart TV,portable fan. Bathroom with shower on each floor(no bathtub). Nearby beaches,including the fabulous Smuggler's Beach or Seagull Beach just 12 minutes away.Mayflower Beach in Dennis is about 15 minute drive with summer traffic. https://www.vrbo.com/9316112ha?dateless=true&x_pwa=1&rfrr=HSR&pwa_ts=1773754776886&referrerUrl=aHR0cHM6Ly93d3cudnJiby5jb20VSG90Z... 2/6 3/17/26,9:40 AM Contemporary Cape Coddage-Featuring AWESOME backyard space! • You are also 10/15 minutes to exciting Yarmouth water parks,mini golf,ice cream and other attractions!Flax Pond and recreation area with tennis/basketball courts,play space and cute swimming pond is also nearby. Walk/ride to Bike trail/Rail Trail. Cape Coddage is 20 minutes from Sagamore Bridge-route 6,take exit 75(formerly exit 8)and you are just 5 minutes to the start of your awesome Cape-cation! We have just reduced our minimum night requirement from 7 nights to 5 nights due to numerous requests for short getaways. Let us know if you have any questions or requests and we will see if we can accommodate you. Our listing is cross posted on Airbnb,where we receive majority of bookings. Our prices include all fees.No hidden fees. About the host t: Dawn Macklin Host 10/10 62% 10/10 Communication rating Acceptance rate Ease of check-in Contact host View profile C kgVrboCaretM is included with every booking If your stay goes sideways,we'll step in to help make it right. Discover VrboCare' 4 Q Add dates for total pricing n Start date fi End date l Travelers —, L 0 1 traveler $711 avg per night Price details Check availability Contact host Property#9316112ha Have a question? ,: , Get instant answers with Al powered search of property information and reviews. Ask a question Q Is there free parking? https://www.vrbo.com/9316112ha?dateless=true&x_pwa=1&rfrr=HSR&pwa_ts=1773754776886&referrerU rl=a HROcHM6Ly93d3cudnJ Iby5jb20vSG90Z... 3/6 3/17/26,9:40 AM Contemporary Cape Coddage-Featuring AWESOME backyard space! • House Rules Check In after 4:00 PM Minimum age to rent:25 Check out before 10:00 AM t Children Children allowed:ages 0-17 Children aren't permitted to use the massage chair Events No events allowed Pets No pets allowed Smoking Smoking is not permitted Smoking on premises-$600 fine and removal. Guests will be required to provide a photo ID and sign a separate STR lease,prior to arrival.Please report any damage Immediately. We provide a starter kit of essentials-toilet paper,paper towel,trash bags,laundry pods,etc.Please make sure you add items to your shopping. See more Damage and incidentals You will be responsible for any damage to the rental property caused by you or your party during your stay. Important information You need to know Extra-person charges may apply and vary depending on property policy Government-issued photo identification and a credit card,debit card,or cash deposit may be required at check-in for incidental charges Special requests are subject to availability upon check-in and may incur additional charges:special requests cannot be guaranteed Onsite parties or group events am strictly prohibited Host has indicated there is a carbon monoxide detector on the property Host has indicated there is a smoke detector on the property Safety features at this property include a fire extinguisher and a first aid kit Property Registration Number CO231933510 Frequently asked questions v Is Contemporary Cape Coddage-Featuring AWESOME backyard space!pet-friendly? ✓ How much is parking? ✓ What time is check-in at Contemporary Cape Coddage-Featuring AWESOME backyard space!? ✓ What time is check-out at Contemporary Cape Coddage-Featuring AWESOME backyard space!? ✓ Where is Contemporary Cape Coddage-Featuring AWESOME backyard space!located? Reviews 9.6/10 hops://www.vrbo.com/9316112ha?dateless=true&x_pwa=l&rrrr=HSR&pwa_ts=1773754776886&referrerUrl=aH ROcHM6Ly93d3cudnJiby6Jb20vSG90Z... 4/6 3/17/26, 9:40 AM Contemporary Cape Coddage - Featuring AWESOME backyard space! Exceptional 10 verified reviews 9.8 9.6 10 Cleanliness Location Check-in 10/10 Excellent 10/10 Excellent 10/ Just what the doctor ordered! Excellent home Pro Show more Show more tha the Shc Andrew P. Craig G. Ter Stayed 4 nights in Jul 2025 Stayed 3 nights in Jul 2024 ( Stal Verified review Verified review ' Verl �ti See all 10 reviews ) • https://www.vrbo.com/9316112ha?dateless=true&x_pwa=1&rfrr=HSR&pwa_ts=1773754776886&referrerUrl=aH R0cHM6Ly93d3cudnJiby5jb2OvSG90Z... 5/6 Property Location 5 WINSOME RD Map ID 109/74/// Bldg Name State Use 1010 Vision ID 14174 Account# 14174 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/16/2025 4: CURRENT OWNER TOPO UTILITIES STRT/ROAD LOCATION CURRENT ASSESSMENT MACKLIN DAWN 1 Level 2 1 Paved 2 Suburban Description Code Assessed Assessed 815 6 Septic RESIDNTL 1010 427,300 427,300 RES LAND 1010 211,200 211,200 36 DARTMOUTH ST SUPPLEMEN AL DATA YARMOUTH,MA Alt Prcl ID 97/Z002/// VOTE MALDEN MA 02148 MISC 370 VOTE DATE SEWER P PRIVATE���� GUN I RACT# PLAN # 761 VISION ZIP CODE 9999: GIS ID M_309149_827778 Assoc Pid# Total 638,500 638,500 RECORD OF OWNERSHIP BK-VOL/PAGE SALE DATE OJU VII SALE PRICE VC PREVIOUS ASSESSMENTS(HISTORY). MACKLIN DAWN 32411 312 10-25-2019 Q I 416,500 00 Year Code Assessed Year Code Assessed V Year Code Assessed CAMACHO FRANCINE E 31250 0278 05-07-2018 U I 100 1F 2026 1010 427,300 2025 1010 451,800 2024 1010 405,200 LONG FRANCINE E 30973 0183 12-19-2017 U I 100 1F 1010 211,200 1010 169,000 1010 147,000 LONG WILLIAMAJR 23065 0138 07-25-2008 Q I 359,000 UN CORRELLUS RAYMOND E 2704 0158 05-11-1978 I 0 Total 638,500 Total 620,800 Total 552,200 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 1 T Otai1 u.uu I I I I I Appraised Bldg.Vaiue(Card) 423,200 ASSESSING NEIGHBORHOOD Appraised Xf(B)Value(Bldg) 3,100 Nbhd Nbhd Name B Tracing Batch Appraised Ob(B)Value(Bldg) 1,000 0050 Appraised Land Value(Bldg) 211,200 NATURAL&TAN EXT-AVG Special Land Value 0 7 ROOMS Total Appraised Parcel Value 638,500 0370 EXHIBIT F Valuation Method C FULL REAR DORMER Total Appraised Parcel Value 638,500 BUILDING PERMIT RECORD VISIT/CHANGE HISTORY Permit Id Issue Date Type Description Amount Insp Date %Comp Date Comp Comments Date Id Type Is Cd Purpost/Result 05-152 08-02-2004 RP Repair 2,500 3 REPL WDW'S 07-17-2020 KM ' SV Sales Verification 514 07-29-1998 SD Shed 1,600 100 8 X 10 01-29-2020 SPB 04 55 Sale Review 998816 09-22-1994 2,927 100 REROOF 10-08-2019 KM 02 CL Cyclical 01-01-2014 BH 01 1 CY CYCLICAL2014 05-08-2013 BH 00 Measur+Listed 09-29-2005 GM 00 Measur+Listed 08-04-2005 JR 02 Measur+2Visit-Info Card I LANDLINE VALUATION SECTION B Use Code Description Zone Land Type Land Units Unit Price Size Adj Site Index Cond. Nbhd. Nbhd.Adj Notes Location Adjustment Adj Unit P Land Value 1 1010 SINGLE FAM M 16,117 SF 13.11 1.00000 5 1.00 0050 1.000 1.0000 13.11 211,200 Total Card Land Units 16,117 SF Parcel Total Land Area 0.37 Total Land Value 211,200 Property Location 5 WINSOME RD Map ID 109/74/// Bldg Name State Use 1010 Vision ID 14174 Account# 14174 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 9/16/2025 CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED) Element Cd Description Element Cd Description Style: 04 Cape Cod Model 01 Residential Grade: 04 Average+10 Stories: 1.5 1 1/2 Stories WDK Occupancy CONDO DATA: 9 Exterior Wall 1 14 Wood Shingle Parcel Id I ICI I Owne 10.0 Exterior Wall 2 11 Clapboard B S Roof Structure: 03 Gable/Hip Adust T .e Code Descri.tion Factor% 13 Roof Cover 03 Asph/F GIs/Cmp Condo Fir FHS PTO Interior Wall 1 05 Drywall/Sheet Condo Unit BAS Interior Wall 2 �d�L3r��'TIc7:��ri%1Rl/•i�I�7.�� UBM 10 Interior Fir 1 12 Hardwood Interior Fir 2 Building Value New 549,626 Heat Fuel 02 Oil 22 Heat Type: 05 Hot Water FGR AC Type: 01 None Year Built 1970 Total Bedrooms 03 3 Bedrooms Effective Year Built 2001 28 Total Bthrms: 2 Depreciation Code G Total Half Baths 0 Remodel Rating Total Xtra Fixtrs Year Remodeled 20 Total Rooms: Depreciation% 23 Bath Style: 02 Average Functional Obsol 0 Ext.Comment 0 Kitchen Style: 02 Modern Trend Factor 1 Condition 42 Condition% 22 Percent Good 77 RCNLD 423,200 Dep%Ovr Dep Ovr Comment Misc Imp Ovr _ Misc Imp Ovr Comment ~ Cost to Cure Ovr ' ''" �� Cost to Cure Ovr Comment .w OB-OUTBUILDING&YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B) . j Code Description L/B Units Unit Price Yr Blt Cond.Cd %Gd Grade Grade Adj. Appr.Value FPL2 1.5 STORY C B 1 4000.00 1995 77 0.00 3,100 EOS Encl Outs Shw B 1 0.00 1995 77 0.00 0 SHD1 SHED FRAME L 80 12.00 1999 100 0.00 1,000 BUILDING SUB-AREA SUMMARY SECTION Code Description Living Area Floor Area Eff Area Unit Cost Undeprec Value BAS First Floor 1,176 1,176 1,176 247.56 291,125 FGR Garage 0 440 176 99.02 43,570 FHS Half Story,Finished 588 1,176 588 123.78 145,562 PTO Patio 0 220 11 12.38 2,723 UBM Basement,Unfinished 0 1,176 235 49.47 58,175 WDK Deck,Wood 0 117 12 25.39 2,971 Ttl Gross Liv/Lease Area 1,764 4,305 2,198 544,126 - -. =te 42- MASSACHUSETTS TRIAL COURT NOTICE OF VOLUNTARY DISMISSAL HOUSING COURT DIVISION DOCKET NUMBER SOUTHEAST DIVISION 26H83PC00072C1 CASE NAME (Named parties should be listed exactly as they appear on the Complaint filed.) [In Matter of] Town of Yarmouth,Timothy s.Sears [v.] Dawn Macklin NOTICE OF VOLUNTARY DISMISSAL Under the provisions of Mass. R.Civ. P.41(a)(1)(i),the Plaintiff discontinue(s)the above-entitled action and dismisses the Complaint and/or Counterclaims. nWith prejudice(You may not re-file the same claims in a new case). nWithout prejudice(You may re-file the same claims in a new case). IF APPLICABLE,PLEASE CHECK THIS BOX n Defendant agrees to dismiss all counterclaims arising out of this tenancy up to the date of this Notice of Voluntary Dismissal. I swear under the pains and penalty of perjury that all information I provided in this affidavit is true to the best of my knowledge and belief. SIGNATURE OF PLAINTIF HEIR ATTORNEY SIGNATURE OF DEFENDANT OR THEIR ATTORNEY ✓X �s� PRINT OR TYPE PLAINTIFF NAME PRINT OR TYPE DEFENDANT NAME Timothy S. Sears PLAINTIFFS TELEPHONE NUMBER DEFENDANT'S TELEPHONE NUMBER 508-398-2231 ext. 1259 PLAINTIFF'S EMAIL ADDRESS DEFENDANTS EMAIL ADDRESS tsears@yarmouth.ma.us IF APPLICABLE,ATTORNEY B.B.O.NUMBER IF APPLICABLE,ATTORNEY B.B.O.NUMBER DATE DATE 5/4/2026 HC—Civil—HC0004(06/2(723) iImportante! iTraducir! Enpdtan! Tradwi! Quart Trong! Lich! NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts CAUSE HEARING 26H83PC00072CI Housing Court Department CASE NAME Town of Yarmouth, Timothy S.Sears vs. Dawn Macklin ATTORNEY(OR PROSE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS Dawn Macklin 36 Dartmouth St Southeast Housing Court- Barnstable Malden, MA 02148 139 Hathaway Road New Bedford, MA 02740 (508)994-0156 NEXT COURT EVENT 04/13/2026 09:00 AM Probable Cause Hearing parties must appear at: Zoom Virtual Court Event Meeting ID: 161 980 3292 Passcode: 974634 AAA COUNSEL FOR ALL PARTIES(OR PRO SE PARTY) AAA Telephone: 646-828-7666 MUST ATTEND ON THE DATE&TIME SHOWN ABOVE TO THE PARTY OR ATTORNEY ABOVE: The above captioned case will be heard on the date and time indicated above. A request for criminal complaint has been filed against you in this Court.A copy of the proposed complaint is enclosed. At this hearing, the court will determine if there is sufficient avidence to charge you with the alleged offense, and if so whether to begin criminal proceedings. At the hearing you may present your side of the matter, brirg witnesses, and be represented by an attorney. As a result of your failure to appear, the Court may rule against you or issue additional orders against you. 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 help with communication, please be sure the Clerk's Office has your phone number and e-mail address. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE March 20, 2026 Joseph B. McIntyre HC0030:2/2022 -... www.mass.govicourts Date/Time Printed:03-20-2026 16:13:02