HomeMy WebLinkAboutHousing Court Complaint COMMONWEALTH OF MASSACHUSETTS
Barnstable County,SS. Housing Court Department
The Southeastern Division
Bristol, Plymouth &Barnstable Counties
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:
Andrew S Viera and Suzy M Viera are the Owners of a property located at 55 Lakefield Rd in the Town
of Yarmouth.
An authorized representative of the Town of Yarmouth examined the dwelling/property on or about
3/16/2022.. The inspection revealed that the dwelling/property did not comply with the provisions of
the State Building Code, 780 CMR 51.00(Massachusetts Residential Code).The Defendant was served
pursuant to Section 114.2 of the Code on or about, 12/20/2022,and 1/17/2025,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 S Sears, Complainant
TAKEN AND SWORN TO,this 10th_day of February 2025
A TRUE COPY ATTEST:
BEFORE SAID COURT
CLERK MAGISTRATE
COMMONWEALTH OF MASSACHUSETTS
Barnstable County,SS. Housing Court Department
The Southeastern Division
Bristol,Plymouth&Barnstable Counties
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:
Andrew S Viera and Suzy M Viera are the Owners of a property located at 55 Lakefield Rd in the Town
of Yarmouth.
An authorized representative of the Town of Yarmouth examined the dwelling/property on or about
3/16/2022. The inspection revealed that the dwelling/property did not comply with the provisions of
the State Building Code,780 CMR 51.00(Massachusetts Residential Code).The Defendant was served
pursuant to Section 114.2 of the Code on or about,12/20/2022—and 1/17/2025,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 S Sears,Complainant
TAKEN AND SWORN TO,this 10th day of February 2025
A TRUE COPY ATTEST:
BEFORE SAID COURT
CLERK MAGISTRATE
SUMMARY OF MATERIAL FACTS
■ VIOLATION LETTER SENT 12/20/2022 (EXHIBIT A)
■ RESPONSE FROM ATTORNEY 12/29/2022 (EXHIBIT B)
■ MEETING MINUTES FROM ZONING BOARD OF APPEALS
HEARING (EXHIBIT C)
■ NOTICE OF IMPENDING COURT ACTION 1/17/2025 (EXHIBIT D)
■ PROPERTY RECORD CARD (EXHIBIT E)
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
Andrew Viera December 20, 2022
55 Lakefield Road
South Yarmouth, MA 02664
RE: 55 Lakefield Road— Illegal apartment created without permits
Dear Mr. & Mrs. Viera.
This letter constitutes a Notice of Violation.
It has come to our attention as the results of a callout by Town of Yarmouth P.D. for an inspection
of your damage building that an apartment was added to the back of the garage. While evaluating
the build the electrical and building inspector notice an apartment in the back half of garage that
has been added. After further review of town records there was no approval for an apartment from
the ZBA, and none of the required permits were applied for. This is 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.
You are also in violation of Section 103.1 of The Town of Yarmouth Zoning Bylaws.
103.1.1 Required Permits. Buildings, structures or land may not be erected, substantially
altered or changed in use without certification by the Building Inspector that such action is
incompliance with then applicable zoning, or without review by him regarding whether all
necessary permits have been received from those governmental agencies from which approvals
required by federal, state or local law. Issuance of a building permit or certificate of use and
occupancy, where required under the Commonwealth of Massachusetts State Building Code,
may serve as such certification.
EXHIBITA
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.
Question regarding this matter may be directed to this department.
Very tntly
Brad Inkley
Local Inspector
Town of Yarmouth
1Z/Ztl/ZUZZ 3:14 FM FAX 7744702453 LAW OFFICE 0002/0002
EXHIBIT B
Anth fly Alva
Atto ey at Law
P. . Sox 739, faxnstable, MA 02630
axa eo ftmail.cain
��.
( 4) 321 2350g Fax (308) 362-7770
by fax & 1st class mail
December 29, 2022
Brad Inkle.y, Local Insp ctor
Town of Yarmouth, Of f is of
the Building Comma, sioner
114.6 Route 28
South Yarmouth, MA 0267..
RE: Notice of Intent Appeal '"V OLATION NOTICE" Dated December 20, 2022
55 Lakefiel.d Road, "Illegal a?artment created without. permits"
Dear Mr. Inkley:
This is notice th-t Mr.. Andre viera has been retained by this law
office to represent hi in this ma ter.
This is notice th_t he strong y disagrees with the alleged violation
because, among other r••asons: (1) . a never made unpermitted changes to the
home as alleged; and, 2) The curr nt layout has been in place for decades,
before he bought or mo 'ed into the home.
He. will be filing an appeal t the Zoning Board ofAppeal your of
violation .notice that ,e received ess than seven days ago. Mr. Viera
challenges you're find ng that he ' s in violation of any building code, SR
105. 1, and that he is -object to a y fine or penalty under 780 CMR, the
Building Code, and other Genera/ L..w. chapter 143, 5 91, and. under any
applicable town .by-law and/or regu ation. His - �.�-al to the Boord shall be
in accorance with G.L: . 404,, d 515.
If you have any ��
- - ions .fee rat• on, act my office. at, any time.
f/ Sin -rel .
•
IIIIIIIPWr
( . .
cc:
Anth ty Alva, Esq.
Mr. A. • era
12/20/2022 3 : 13 PM FAX 7744702453 LAW OFFICE R1 0001/0002
1
Anth 4:1ny Ai.va
Attorney at Law
P.0, Box 730 Bainstable, MA 02630
774 521- : : 50 phone & 508 62 - 7770 fax
To : Brad Inkle , Local Inspector
Town of Ya 'oath, Office of
the Buildi + Commissioner
1146 Route .8
South Yarm• th, MA 026 4 Ph#: :8 398-2231 ext 1261
Fax#: c8 398-0836
From: Antho Alva, Esq .
Date : Decem • r 29, 2822
Total. Pages ( Includi • this cove Sheet) : 2
Client/Matter No . : 5 Lakofleld Rd .
Comments:
Please see the attac : , notice.
STATEMENT OF CWIDENTIALITY
The documents included with this facsimile transmittal sheet Contain information from the
Law Office of Anthony Alva, which is confidential and/or privileged. This 'information is
intended to be for the use c► ' the addressee named on this transmittal sheet. If you are not
the addressee, note that any disclosure, p otocopying, distribution or use of the contents
of this faxed information is prohibited. If you have received this facsimile in error,
please notify us by telephore listed in the heading above Immediately so that we can arrange
?or the retrie al of the on inal documents at no cost to you.
Thalnk you.
,
1i21/25,1:05 PM Mail-Sears,Tim-Outlook
al Outlook
RE:5006-55 Lakefield Road-Withdrawn
From Fallon,Dolores<dfallon@yarmouth.ma.us> EXHIBIT C
Date Tue 1/21/2025 1:02 PM
To Sears,Tim<tsears@yarmouth.ma.us>
PETITION 5006:Andrew and Suzy Viera,55 Lakefield Road,South Yarmouth,MA.Map&Lot#:68.91;Zoning
District:R-40.The Applicant seeks to reverse the decision of the Building Inspector,for the December 20,2022
Violation Notice issued regarding an illegal apartment created without permits.
Attorney Anthony Alva with his client,Andrew Viera.
Attorney Alva:We have a decision form the Building Inspector about my client's pre-existing in-law room(it had
been a rental when he bought the place)is not lawful because there was no permit on record.Our position is this
structure has been this way since before my client bought it in 2001.It's long past the statute of limitations for any
violation or additional permitting requirements.
The real estate broker is here and the multiple listing service dated from 2000 and 2001,showing that the
structure in the garage area.It had been used as a rental until about 2003.Since then,it has only been used by my
client for family purposes.It's under 800 square feet.On the rate card from the Assessor's Office,it's appeared
there as an improvement—separate in-law,bed&bath for the entire time that my client has owned the property
(22 years).This is the classic definition of"grandfathered".Statue of limitations.
Chairman DeYoung:What statute?
Attorney Alva:Chapter 40A,Section 6&7,I believe.I have my computer.
Mr.Igoe:Can you grab your computer?So I can look at the language in the statute.
Attorney Alva read the following part of Section 7 into the record:
Section 7:fps://malegislature.gov/Lows/GeneralLaws/Partl/TitleVll/Chapter4OA/Section7
If real property has been improved by the erection or alteration of 1 or more structures and the structures or
alterations have been in existence for a period of at least 10 years and no notice of an action,suit or proceeding
as to an alleged violation of this chapter or of an ordinance or by-law adopted under this chapter has been
recorded in the registry of deeds for the county or district in which the real estate is located or,in the case of
registered land,has been filed in the registry district in which the land is located within a period of 10 years from
the date the structures were erected,then the structures shall be deemed,for zoning purposes,to be legally non-
conforming structures subject to section 6 and any local ordinance or by-law relating to non-conforming
structures.
Attorney Alva read the following port of Section 6 into the record:
Section 6:https://malegislature.gov/Laws/GeneralLaws/Partl/TitleVll/Chapter4OA/5ection6
Section 6.Except as hereinafter provided,a zoning ordinance or by-law shall not apply to structures or uses
lawfully in existence or lawfully begun,or to a building or special permit issued before the first publication of
notice of the public hearing on such ordinance or by-law required by section five,but shall apply to any change or
substantial extension of such use,to a building or special permit issued after the first notice of said public hearing,
to any reconstruction,extension or structural change of such structure and to any alteration of a structure begun
after the first notice of said public hearing to provide for its use for a substantially different purpose or for the
same purpose in a substantially different manner or to a substantially greater extent except where alteration,
reconstruction,extension or structural change to a single or two-family residential structure does not increase the
rates://outlook.office.com/maiVinbox/id/AAQkADE3MDQ5N WZmLTkOYZItNDIwNi1 iMDQxLWNkMGQyNmE4NzE5NAAQA16e8DmaxExpmmEHwSwW... 1/5
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1/21/25, 1:05 PM Mail-Sears,Tim-Outlook
nonconforming nature of said structure. Pre-existing nonconforming structures or uses may be extended or
altered, provided,that no such extension or alteration shall be permitted unless there is a finding by the permit
granting authority or by the special permit granting authority designated by ordinance or by-law that such change,
extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the
neighborhood. This section shall not apply to establishments which display live nudity for their patrons, as defined
in section nine A, adult bookstores, adult motion picture theaters, adult paraphernalia shops, or adult video stores
subject to the provisions of section nine A.
Mr. Igoe:That says"lawful".You needed a building permit when you began.
Attorney Alva: Part of our position is that there was a permit issued. What happened in the file, I don't know. Plus,
we don't know how far back it was originally installed, and whether or not the current bylaw was prohibiting that
action back when this building was constructed.The fundamental question is: When the building was constructed,
did the current zoning bylaw apply?
Mr. Igoe: I'm pretty sure this house didn't have a finished garage when the house was built.
Mr. Viera: It's half a garage actually. There's enough room to fit my Harley, so it's 8 feet. From the garage door to
the wall is 8 feet. From the 8-foot mark to where the original garage ends,there's a wall with a door cut in it,
when I bought it,with an addition added onto the garage,where there was a living room there, they put a kitchen
in there, a little kitchen, a little living area, and a bathroom. Septic was updated in 2001 before I bought it. It has a
separate run out from the apartment into the septic area. The Health Department signed off the septic for a 4-
bedroom. Whoever built it, for them to get away with pouring the slab,framing the structure, roofing it, I don't
see how they did that without a permit.There's a vent pipe inside the apartment with the original plumbing with
a sticker on it from the plumbing inspector that I saw when I was pulling some paneling down to run cable wire.
Mr. Igoe: I'm sure you discussed with the Building Commissioner the history, whether there was any building
permits pulled?
Attorney Alva: We did. He also suggested that it may be able to be approved as a family-related accessory
apartment.
Mr. Igoe:That's where I was going with this. Perhaps,there's a happy medium to solve this problem. You could file
a request for a family-related or affordable apartment. I can't speak to the violation or any fines.
Mr. Viera: What I was told that if I want to rent it out as an affordable apartment...I moved all my kids out of my
house. Right now, the wife and I are living in the apartment. In the main house,we've painted all the walls and
sanded all the floors. We're re-doing the bathroom; I pulled a plumbing permit. We're added 220 amp service;
there's an electrical permit. New double-walled oil tank installed in the house.
Chairman DeYoung:To what end are we going with all these improvements?You're going to rent that?
Mr.Viera: If I decide to do that down the road, I will go through the proper channels. If it's not feasible, it will
remain for family.
Mr. Igoe: I think you could rent out the main house.
Chairman DeYoung: I'm just asking about it. I don't care about the improvements.
Mr. Viera: We could live in the apartment and rent the main house out.
Mr. Igoe: Would require a new building permit and the proper inspections.
Mr. Viera: New doors and windows. Pulled a permit. Not trying to pull the wool over anyone's eyes. I bought the
house like that. The reason this all came up with the apartment is we had an incident at the house with my
stepson; he crashed into my garage,trying to get away from the police.The police called the Building Inspector to
assess the damage. He slapped a sticker on it. We've since pulled a permit. That's all finished. New garage door.
I'm just trying to improve the property.
Mr. Mantoni: When you purchased the property, there was a full apartment there with a kitchen and a bath?
Mr, Viera: Yes, there was.
Mr. Mantoni: Did you finance the property?
Mr. Viera: I did.
Mr. Mantoni: And the bank never asked what a second kitchen was doing there?
Mr. Viera: Back in 2001, when there was a push to get everybody to buy, before the big collapse.They were
writing mortgages for anybody.
Mr. Mantoni: They didn't ask you for permits or anything?
Mr. Viera:They did not.
https://outlook.office.com/mail/lnbox/id/AAQkADE3MDQ5NWZmLTkOYzItNDIwNi1 iMDQxLWNkMGQyNmE4NzE5NAAQAI6e8DmaxExpmmEHwSwW... 2/5
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Mr.Martin:Unusual circumstance.The field card calls it a"separate in-law"which is interesting.I did look back at
the listing sheets:one called it"a potential in-law"and one called it"an income apartment".It was called all sorts
of things,confusingly.It probably shouldn't have been called"an income apartment"of course.It could have been
a two-family when the apartment was built;those are pretty old houses on Lakefield.I agree with Sean on the
easy way to fix this is to come back under the in-law bylaw.
Chairman DeYoung:I completely disagree that this is"grandfathered";it's just not.It's an illegal apartment from
the moment it was bought and it remains an illegal apartment.There are only two ways that you can get
authority for it:1)apply for affordable apartment;2)apply for a family-related apartment.That allows the Town
to monitor annually that there is a family member in the apartment,or in the alternative,you have to affirm
annually that there is a low-income renter in the apartment.There are no"income apartments"for single-family
residences in a residential zone;they just don't exist under the Bylaw.If asked to vote on this petition this
evening,I will vote"no"and uphold the Building Commissioner's decision.I've read the violation notice.I just
don't see anything wrong in the violation notice,the thought process that goes into it,and I agree that it's a
violation.I hear loud and clear from these two gentlemen suggesting that there's a"path to righteousness"here.
I'm not going to tell you what to do with this,that's your decision as a family.A family-related apartment isn't
someone comes down for a week;it has to be in use,or alternatively,an affordable accessory apartment.While
this is pending,I would ask to suspend any penalties,which I think the Building Department usually does.
Public Comments:
In Favor
Russ Woollacott,64 Witchwood Road:I've lived on Witchwood Road since I was 4 years old.In the military for 24
years.Came back in 2004 and bought a house on Witchwood Road.I was introduced to Andrew[Viera]through
my children.The house has been that way ever since I came back.There's never been issues there until recently
with his stepson.Never had rentals there.As a neighbor,I have no problem with him keeping the apartment and
doing what he's been doing.
No one spoke in opposition.
Chairman DeYoung:Violation notice speaks for itself and I don't see any reason to overturn it.
Board Questions/Comments:
Mr.Igoe:Procedurally tonight,we would uphold the decision of the Building Inspector.We could request that they
stay any fines associated with the violation.However,there needs to be some affirmative action on the part of the
petitioner that's he's going to remedy this violation.All we can do tonight is either uphold or overturn.My
position is that we uphold the decision of the Building Commissioner.
Mr.Martin:Could they withdraw the petition?
Mr.Igoe:They could withdraw it,but they've already received the violation.
Attorney Alva:I have an application.
Mr.Igoe:You could request to continue the hearing.
Attorney Alva:Continue it and give us time to work something out.
Chairman DeYoung:How long is it going to take to get approval on an apartment?You don't have a family
member living in there?
Mr.Viera:We're living in there right now.Been in there for 2 years.
Chairman DeYoung:Do you have someone living in the main house?
Mr.Viera:I do not.It's being renovated.
Chairman DeYoung:You can't own the house and be the family-related apartment dweller as well.
Attorney Alva:If we could,withdraw the petition,without prejudice.
Vote:
A motion was made by Mr.Igoe and seconded by Mr.Mantoni to withdraw the petition,without prejudice.
On a roll call vote(4-0),the request to allow the petition to be withdrawn,without prejudice,was approved.
• Mr.Mantoni:AYE
• Mr.Igoe:AYE
hops://outlook.office.com/mail/inbox/id/AAMADE3MDQ5NW2miTk0yzIW DIwNi11MDQxLW NkMGOyNmE4NzE5NAAQA16e8DmaxExpmmEHwSwW... 3/5
1/21/25, 1:05 PM Mail - Sears, Tim - Outlook
• Mr. Martin: AYE
• Chairman DeYoung: AYE
Mr. Igoe: I would just suggest that you get with the Building Commissioner and come back to us at a later date
with a petition for a family-related or affordable apartment.
Dolores Fallon, ZBA Office Administrator
Town of Yarmouth
508-398-2231 x1285
dfallon@yarmouth.ma.us
yarmouth.ma.us/zba
From: Sears, Tim <tsears@yarmouth.ma.us>
Sent: Tuesday, January 21, 2025 12:53 PM
To: Fallon, Dolores <dfallon@yarmouth.ma.us>
Subject: Re: 5006 - 55 Lakefield Road - Withdrawn
No minutes?
Timothy Sears CBO
Deputy Building Commissioner
Town of Yarmouth
508-398-2231 Ext. 1259
mailto:tsears@yarmouth.ma.us
From: Fallon, Dolores <dfallonnyarmouth.ma.us>
Sent: Tuesday, January 21, 2025 12:52 PM
To: Sears, Tim <tsearsPyarmouth.ma.us>
Subject: 5006 - 55 Lakefield Road - Withdrawn
Tim, all I have is that the petition was withdrawn.
Vote:
A motion was made by Mr. Igoe and seconded by Mr. Mantoni to withdraw the petition, without prejudice.
On a roll call vote (4-0), the request to allow the petition to be withdrawn, without prejudice, was approved.
• Mr. Mantoni: AYE
https://outlook.office.com/mail/inbox/id/AAQkADE3MDQ5NWZmLTkOYzItNDIwNi 1 iMDQxLWNkMGQyNmE4NzE5NAAQAI6e8DmaxExpmmEHwSwW.,. 4/5
1121/25,1:05 PM Mail-Sears,Tim-Outlook
• Mr.Igoe:AYE
• Mr.Martin:AYE
• Chairman DeYoung:AYE
Mr.Igoe:I would just suggest that you get with the Building Commissioner and come back to us at a later date
with a petition for a family-related or affordable apartment.
Dolores Fallon,ZBA Office Administrator
Town of Yarmouth
508-398-2231 x1285
dfallo flyarmouth.ma.us
yarmouth.ma.us/zba
https://outlook.office.com/maiUlnbox/id/AAQkADE3MDQ5NWZmLTkOYzItNDIwNi 1 iMDQxLW NkMGQyNmE4NzE5NAAQA16e8DmaxExpmmEHwSwW... 5/5
Y - TOWN OF YARMOUTH
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1146 Route 28, South Yarmo
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NOTICE OF PENDING COURT ACTION
Andrew S Viera
Suzy M Viera
55 Lakefield Rd EXHIBIT D
South Yarmouth, MA 02664 January 17, 2025
RE: 55 Lakefield Rd South Yarmouth, MA— Single Family Home Violations
Dear Mr. Viera,
The Building Department has issued you a violation letter on December 20, 2022, 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
Property Location 55 LAKEFIELD RD Map ID 68/91/// Bldg Name State Use 1010
Vision ID 9922 Account# 9922 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 1/6/2025 5:3
CURRENT OWNER TOPO UTILITIES STRT/ROAD LOCATION CURRENT ASSESSMENT
VIERAANDREW S 4 Rolling 2 1 I Paved 2 Suburban Description Code Assessed Assessed 815
6 Septic RESIDNTL 1010 407,200 407,200
VIERASUZYM RES LAND 1010 182,900 182,900
55 LAKEFIELD ROAD SUPPLEMENT AL DATA YARMOUTH,MA
Alt Prcl ID 59/K000/H 1// VOTE
SOUTH YARMOUTH MA 02664 MISC 230 VOTE DATE
SEWER P PRIVATE
CONTRACT# VISION
PLAN # 136B
ZIP CODE 2664:
GIS ID M_308189_825601 Assoc Pid# Total 590,100 590,100
RECORD OF OWNERSHIP BK-VOL/PAGE SALE DATE O/U V/I SALE PRICE VC PRE/IOUS ASSESSMENTS(HISTORY]
VIERAANDREW S 13724 0085 04-12-2001 Q I 174,900 00 Year Code Assessed Year Code Assessed V Year Code Assessed
DEROSAANTHONY SR 0 I 0 2025 1010 407,200 2024 1010 374,200 2023 1010 332,400
1010 182,900 1010 154,700 1010 133,900
Total 590,100 Total 528,900 Total 466,300
EXEMPTIONS OTHER ASSESSMENTS This signature acknowledges a visit by a8 Data Collector or Assessor
Year Code Description Amount Code Description Number Amount Comm Int
APPRAISED VALUE SUMMARY
Total 0.00 Appraised Bldg.Value(Card) 406,800
ASSESSING NEIGHBORHOOD Appraised Xf(B)Value(Bldg) 400
Nbhd Nbhd Name B Tracing Batch Appraised Ob(B)Value(Bldg) 0
0045
NOTES Appraised Land Value(Bldg) 182,900
YELLOW +NATURAL IA Special Land Value
QI
WOOD STOVE INSERT Total Appraised Parcel Value 590,100
SEP.IN LAW
EXHIBITS Valuation Method C
1 BED+1 BATH IF
1 EXTRA FIX EAT IN K Total Appraised Parcel Value 590,100
BUii-wIrvv rcrcmn HtCORD VISIT/CHANGE HISTORY
Permit Id Issue Date Type Description Amount Insp Date %Comp Date Comp Comments Date Id Type Is Cd Purpost/Result
20-001335 09-10-2019 AL Alterations 4,000 20 Windows,2 doors,5 sq sid 02-19-2019 LS CL Cyclical
07-07-2015 DM 54 Field Review
01-01-2014 BH 01 1 CY CYCLICAL 2014
09-27-2004 AL 00 Measur+Listed
05-11-1994 DH 00 Measur+Listed
LAND-LINE VALUATION SECTION -
B Use Code Description I Zone I Land Type I Land Units I unit Price I Size Adj I Site index l Cond.I Nona.I Nbhd.Adj t Notes Location Adjustment Adj Unit P Land Value
1 1010 SINGLE FAM M 16,553 SF 10.23 1.00000 4 1.00 0045 1.080 1.0000 11.05 182,900
Total Card Land Units 16,553 SF • Parcel Total Land Area 0.38 Total Land Value 182,900
Property Location 55 LAKEFIELD RD Map ID 68/91/// Bldg Name State Use 1010
Vision ID 9922 Account# 9922 Bldg# 1 Sec# 1 of 1 Card# 1 of 1 Print Date 1/6/2025 5:
CONSTRUCTION DETAIL CONSTRUCTION DETAIL(CONTINUED)
Element Cd Description Element Cd Description
Style: 01 Ranch BAS
Model 01 Residential
Grade: 03 Average
Stories: 1 1 Story
Occupancy 2 CONDO DATA
Exterior Wall 1 14 Wood Shingle Parcel Id IC) Owne 0.0 20 PTO 2219 2
Exterior Wall 2 lB IS
Roof Structure: 03 Gable/Hip Adjust Type Code Description Factor% FOP
Roof Cover 03 Asph/F Gls/Cmp Condo Fir 12 10
Interior Wall 1 05 Drywall/Sheet Condo Unit
Interior Wall 2 COST/MA KET VALUATION
Interior Fir 1 12 Hardwood 14 3 19
Interior Fir 2 14 Carpet Building Value New 528,299 BAS 14 BAS 30
Heat Fuel 02 Oil BAS
UBM FBM
Heat Type: 05 Hot Water
AC Type: 01 None Year Built 1967
Total Bedrooms 04 4 Bedrooms Effective Year Built 14 14
Total Bthrms: 3 Depreciation Code G
Total Half Baths 0 Remodel Rating
Total Xtra Fixtrs Year Remodeled
Depreciation% 23 10 26 26
Total Rooms: 6 14
Functional Obsd 0
Bath Style: 02 Average Ext.Comment 0 UST FOP
4
Kitchen Style: 02 Average Trend Factor 1 8
Condition 12
i Condition%
Percent Good 77
RC N LD 406,800 20 20
Dep%Ovr
Dep Ovr Comment
—
Misc Imp Ovr -. -- r# _ . k, _ 1
Misc Imp Ovr Comment ffi !
Cost to Cure Ovr �` •Cost to Cure Ovr Comment ,, :"'' � ,
OB-OUTBUILDING&YARD ITEMS(L)/XF-BUILDING EXTRA FEATURES(B)
C21
ode I Description 1 LJB j Units I Unit Price I Yr Blt 1 Cond.Cd I %Gd I Grade 1 Grade Adj. Appr.Value �.� � �`
FLU1 FLUE-CONCR B 1 500.00 1985 77 0.00 400 # - -
a ram°,-±-
w
BUILDING SUB-AREA SUMMARY SECTION
Code Description
tion LivingArea Floor Area Eff Area Unit Cost Undeprec Value " `_ , 4
BAS First Floor I 1,6561 1,656` 1,6561 244.251 404,478 4,.4% '
FBM Basement �, 4,�
Basement,II,Finished 0 520 234 109.91 57,155
.a„
FOP Porch,Open,Finished 0 230 46 48.85 11,236 e ... *+
PTO Patio 0 74 4 13.20 977 .. _ _
UBM Basement,Unfinished 0 660 132 48.85 32,241 n
UST Utility, Storage,Unfinished 0 112 50 109.04 12,213
Ttl Gross Liv/Lease Area 1,656 3,252 2,122 518,300 ....
iImportante!(Traducir!Enpotan!Tradwi!Quan TrOng!Dinh!
•
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts riht \
CAUSE HEARING 25H83PC00036CI Housing Court Department
--
CASE NAME
Town of Yarmouth Building Department,Timothy S Seam vs.Andrew S Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court-Barnstable
1146 Route 28
South Yarmouth,MA 02664 139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
NEXT COURT EVENT
06/16/2025 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 evidence 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,bring 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.
RECEIVED
JUN 06 2025
BUILDING DEPARTMENT
By
DATE ISSUED CLERK-MAGISTRATE
June 3,2025 Joseph B.McIntyre
30:2/2022 www.mass.gov/courts Date/Time Printed:06-03-202510'01'06
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TRIAL COURT
BARNSTABLE,SS. HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
DOCKET#25H83CR00078CI
TOWN OF YARMOUTH BUILDING DEPARMENT,
TIMOTHY S.SEARS
Plaintiff
V.
ANDREW VIERA
Defendant
IT IS HEREBY AGREED BETWEEN THE ABOVE NAMED PAR11hS THE FOLLOWING:
1)The defendant,Suzy Viera,agrees to provide access to the alleged accessory unit to the plaintiff and their
inspectors to inspect the premises to verify if there is cooking facilities and electrical wiring for such cooking
facilities on or before April 15,2026.
2)The parties agree to continue this action to Wednesday,May 13,2026 at 10:00 am in person at the
Barnstable session of the Southeast Housing Court.
THE ABOVE STIPULATION IS AN AGREEMENT WHICH PLACES THE PARTIES UNDER THE
RESTRAINT OR A DIRECT ORDER OF THE COURT,THAT THEY DO OR REFRAIN FROM DOING THE
PARTICULAR ACTS STATED HEREIN.ANY VIOLATION OF THIS AGREEMENT CAN RESULT IN
CONTEMPT,AS THE D (iJ NT IN QUESTION IS INTENDED TO OPERATE AS AN INJUNCTION.
SO ORDERED: DATE: March 25,2 26
CE
/24 3/2'26
Signed atc dated by Plaintiff Signed and dated by Defendant
Signed and dated by Plaintiff Signed and dated by Defendant
17#A2 Vlar 464/3t
Plaintiffs Attorney ��j//��/,, Defendant's Attorney
A
Housing Specialist and date: (tL�J.)-J(?())(Q
INTERPRETER: LANGUAGE NAME:
'.AJ1V11V1Vlr VV LEAU 111 Vl' 1VI) Al.11U3L1 13
TRIAL COURT
BARNSTABLE, SS. HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
DOCKET#25H83CR00080CI
TOWN OF YARMOUTH BUILDING DEPARMENT,
TIMOTHY S. SEARS
Plaintiff
V.
SUZY VIERA
Defendant
IT IS HEREBY AGREED BETWEEN THE ABOVE NAMED PARTIES THE FOLLOWING:
1) The defendant, Suzy Viera, agrees to provide access to the alleged accessory unit to the plaintiff and their
inspectors to inspect the premises to verify if there is cooking facilities and electrical wiring for such cooking
facilities on or before April 15,2026.
2) The parties agree to continue this action to Wednesday, May 13, 2026 at 10:00 am in person at the
Barnstable session of the Southeast Housing Court.
THE ABOVE STIPULATION IS AN AGREEMENT WHICH PLACES THE PARTIES UNDER THE
RESTRAINT OR A DIRECT ORDER OF THE COURT, THAT THEY DO OR REFRAIN FROM DOING THE
PARTICULAR ACTS STATED .'.'_: IN. ANY VIOLATION OF THIS AGREEMENT CAN RESULT IN
CONTEMPT, AS THE DOCU ,�1 AQ TI I INTENDED TO OPERATE AS AN INJUNCTION.
SO O DATE: March 25, 2026
JUSTICE
3/2512G (Jua 6'06"
Signed aid dated by Plaintiff ned ate y Defendant
Signed and dated by Plaintiff Signed and dated by Defendant
i
F �,Ug, ,�Er (G�3'
Plaintiffs Attorney Defendant's Attorney
Housing Specialist and date: 4' )6)0
INTERPRETER: LANGUAGE NAME:
NOTICE C)F PRETRIAL DOCKET NUMBER Trial Court of Massachusetts
CONFERENCE 25H83CR00078C1 Housing Court Department
CASE NAME Town of Yarmouth Building Department, Timothy S Sears v. Andrew S Viera
ATTORNEY (OR SELF-REPRESENTED PARTY) TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth Building Department, Timothy S Seams Southeast Housing Court - Barnstable
1146 Route 28 3195 Main Street, Fourth Session
South Yarmouth, MA 02664 Barnstable, MA 02630
NEXT COURT EVENT
0112812026 10:00 AM Pretrial Conference
ALL PARTIES
MUST ATTEND ON THE EVENT
DATE & TIME
A pretrial conference will be held at this court on the above date and time. Pursuant to Mass. R. Civ. P. 16, the parties are
ORDERED as follows:
1 Settlement. Plaintiff counsel shall contact opposing counsel to discuss settlement in advance of the conference.
Defense counsel shall, after conferring with the defendant(s), respond to any settlement demand made by the
plaintiff(s). Counsel for each party shall discuss with their client(s) the estimated costs of further litigation through trial,
and shall certfy in the pretrial memorandum that such discussion has occured.
2 Memorandum. Each party shall prepare a pretrial memorandum, which must be filed with the Court at least five
business days prior to the date of the pretrial conference. Each pretrial memorandum must include: (A) a short
statement summarizing the parties claims and defenses; (B) agreed-upon issues of fact; (C) contested issues of fact
and the position of the party's on those issues; (D) contested issues of law, including evidentiary issues, and the
position of the party's on those issues; (E) the name and address of each of the party's witnesses and a summary of
his/her expected testimony; (F) the name, address, and qualification of each expert witness, togetherwith the subject
matter on which the expert is expected to testify and a statement summarizing the expert's opinion and the basis for
that opinion; (G) a list of exhibits that the party intends to introduce; (H) the estimated length of the trial, including an
estimate of the time needed to present each party's case; (I) the party's proposed jury instructions and verdict form (if
applicable).
3. Authority. Counsel are expected to have full authority to settle and file stipulations of dismissal or agreements for
judgment at the pretrial conference. All parties shall be available for telephone consultation by counsel during the
pretrial conference.
4. Continuances. Request for continuances of the pretrial conference shall be made in writing and addressed to the
Court (or by motion if required by the Court). Requests shall specify the next pretrial conference dates that all parties
are available.
5. Trial Date. A firm trial date will be set by the Court and the parties if the case does not settle at the pretrial conference.
6. Sanctions. Failure to comply with this order, or failure to appear at the pretrial conference, may result in sanctions
including but not limited to assessment of costs, entry of default or dismissal, and/or striking the jury demand.
7. Liaison. Please call the court contact person listed above with any questions or to report settlement in advance of the
pretrial conference.
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION Further Orders of the Court.
Southeast Housing Court - Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
**Normal business hours for this main office are Monday through Friday. 8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
December 11, 2025 Joseph B. McIntyre
HC0006: 07/2024 www.mass.gov/courts Date/Time Printed: 12-11-2025 13:19:44
NOTICE OF PRETRIAL DOCKET NUMBER Trial Court of Massachusetts
CONFERENCE 25H83CR00080C1 Housing Court Department 14.•
CASE NAME Town of Yarmouth Building Department,Timothy S Sears v. Suzy M Viera
ATTORNEY(OR SELF-REPRESENTED PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT
Town of Yarmouth Building Department,Timothy S Seam Southeast Housing Court-Barnstable
1146 Route 28 3195 Main Street,Fourth Session
South Yarmouth,MA 02664 Bamstable,MA 02630
NEXT COURT EVENT
12/10/2025 10:00 AM Pretrial Conference ALL PARTIES
MUST ATTEND ON THE EVENT
DATE&TIME
A pretrial conference will be held at this court on the above date and time. Pursuant to Mass.R.Civ.P.16,the parties are
ORDERED as follows:
1 Settlement. Plaintiff counsel shall contact opposing counsel to discuss settlement in advance of the conference.
Defense counsel shall,after conferring with the defendant(s),respond to any settlement demand made by the
plaintiff(s). Counsel for each party shall discuss with their client(s)the estimated costs of further litigation through trial,
and shall certify in the pretrial memorandum that such discussion has occured.
2 Memorandum. Each party shall prepare a pretrial memorandum,which must be filed with the Court at least five
business days prior to the date of the pretrial conference.Each pretrial memorandum must include:(A)a short
statement summarizing the parties claims and defenses;(B)agreed-upon issues of fact;(C)contested issues of fact
and the position of the party's on those issues;(D)contested issues of law,including evidentiary issues,and the
position of the party's on those issues;(E)the name and address of each of the party's witnesses and a summary of
his/her expected testimony;(F)the name,address,and qualification of each expert witness,together with the subject
matter on which the expert is expected to testify and a statement summarizing the expert's opinion and the basis for
that opinion;(G)a list of exhibits that the party intends to introduce;(H)the estimated length of the trial,including an
estimate of the time needed to present each party's case;(I)the party's proposed jury instructions and verdict form(if
applicable).
3. Authority. Counsel are expected to have full authority to settle and file stipulations of dismissal or agreements for
judgment at the pretrial conference. All parties shall be available for telephone consultation by counsel during the
pretrial conference.
4. Continuances. Request for continuances of the pretrial conference shall be made in writing and addressed to the
Court(or by motion if required by the Court).Requests shall specify the next pretrial conference dates that all parties
are available.
5. Trial Date. A firm trial date will be set by the Court and the parties if the case does not settle at the pretrial conference.
6. Sanctions. Failure to comply with this order,or failure to appear at the pretrial conference,may result in sanctions
including but not limited to assessment of costs,entry of default or dismissal,and/or striking the jury demand.
7. Liaison. Please call the court contact person listed above with any questions or to report settlement in advance of the
pretrial conference.
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION Further Orders of the Court.
Southeast Housing Court-Barnstable
139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
**Normal business hours for this main office am Monday through Friday,8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
November 13,2025 Joseph B.McIntyre
NOTICE OF PRETRIAL DOCKET NUMBER Trial Court of Massachusetts
CONFERENCE 25H83CR00078C1 Housing Court Department
CASE NAME Town of Yarmouth Building Department,Timothy S Sears v. Andrew S Viera
ATTORNEY(OR SELF-REPRESENTED PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court- Barnstable
1146 Route 28 3195 Main Street, Fourth Session
South Yarmouth, MA 02664 Barnstable, MA 02630
NEXT COURT EVENT
ALL PARTIES
12/10/2025 10:00 AM Pretrial Conference
MUST ATTEND ON THE EVENT
DATE & TIME
A pretrial conference will be held at this court on the above date and time. Pursuant to Mass. R. Civ. P. 16, the parties are
ORDERED as follows:
1 Settlement. Plaintiff counsel shall contact opposing counsel to discuss settlement in advance of the conference.
Defense counsel shall, after conferring with the defendant(s), respond to any settlement demand made by the
plaintiff(s). Counsel for each party shall discuss with their client(s) the estimated costs of further litigation through trial,
and shall certify in the pretrial memorandum that such discussion has occured.
2 Memorandum. Each party shall prepare a pretrial memorandum, which must be filed with the Court at least five
business days prior to the date of the pretrial conference. Each pretrial memorandum must include: (A) a short
statement summarizing the parties claims and defenses; (B) agreed-upon issues of fact; (C) contested issues of fact
and the position of the party's on those issues; (D) contested issues of law, including evidentiary issues, and the
position of the party's on those issues; (E) the name and address of each of the party's witnesses and a summary of
his/her expected testimony; (F) the name, address, and qualification of each expert witness, together with the subject
matter on which the expert is expected to testify and a statement summarizing the expert's opinion and the basis for
that opinion; (G) a list of exhibits that the party intends to introduce; (H) the estimated length of the trial, including an
estimate of the time needed to present each party's case; (I) the party's proposed jury instructions and verdict form (if
applicable).
3. Authority. Counsel are expected to have full authority to settle and file stipulations of dismissal or agreements for
judgment at the pretrial conference. All parties shall be available for telephone consultation by counsel during the
pretrial conference.
4. Continuances. Request for continuances of the pretrial conference shall be made in writing and addressed to the
Court(or by motion if required by the Court). Requests shall specify the next pretrial conference dates that all parties
are available.
5. Trial Date. A firm trial date will be set by the Court and the parties if the case does not settle at the pretrial conference.
6. Sanctions. Failure to comply with this order, or failure to appear at the pretrial conference, may result in sanctions
including but not limited to assessment of costs, entry of default or dismissal, and/or striking the jury demand.
7. Liaison. Please call the court contact person listed above with any questions or to report settlement in advance of the
pretrial conference.
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION Further Orders of the Court.
Southeast Housing Court- Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
**Normal business hours for this main office are Monday through Friday,8:30 a m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
November 13,2025 Joseph B. McIntyre
urnnnn mwnon �.,..,.., ......i....��.�,. .. ,wee .. ... ......�....... ,
'Importante!i't'raducir!Enpotan!Tradwi!Quan Trong!Dich!
DOCKET NUMBER Massachusetts Trial Court
NOTICE OF CRIMINAL SUMMONS 25H83CR0008oC1
Housing Court Department
CASE NAME Town of Yarmouth Building Department,Timothy S Seam v.Suzy M Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court-Barnstable
1146 Route 28 3195 Main Street,Fourth Session
South Yarmouth,MA 02664 Barnstable,MA 02630
NEXT COURT EVENT
11/12/2025 10:00 AM Arraignment ALL PARTIES
MUST ATTEND ON THE EVENT
DATE&TIME
TO THE PARTY OR ATTORNEY ABOVE:
You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Southeast Housing
Court which will hold a session for the transaction of criminal business to answer to a complaint made on oath before this
court,a copy of which accompanies this Summons.
Please be advised that a Default Warrant may issue for your arrest if you fail to appear in Court at the time and place
above mentioned.
The above captioned case will be heard on the date and time indicated above. 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 sign up for Housing Court electronic services,including text-message reminders of upcoming court events in a case,please
complete and submit the following form:httos://www.mass.gov/forms/ereminder-court-date-notification-system.
To help with communication,please be sure the Clerk's Office has your phone number and e-mail address.
Witness,Hon.Judge Hon.Donna Salvidio,Justice,at Southeast Housing Court,Massachusetts,this October 20,
2025.
OCT 2 4 2025
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION
Southeast Housing Court-Barnstable
139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
"Normal business hours for this main office are Monday through Friday,8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
10/20/25 Joseph B.McIntyre
HC0031:07/2024 www.mass.gov/courts Date/Time Printed:10-20-202515:56:46
Commonwealth of Massachusetts
Housing Court Department
Southeast Housing Court - Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
Joseph B. McIntyre Hon. Donna Salvidio
Clerk Magistrate First Justice
Re: Town of Yarmouth Building Department, Tim Date: October 20, 2025
Vs: Suzy M Viera
No: 25H83CR00080CI
TRACKING ORDER "CR"
Please take notice pursuant to Standing Order 1- 04 that the above entitled matter is
assigned to the CRIMINAL "CR" TRACK and that the following deadlines apply:
Arraignment 30 days 11/19/2025
Discovery Completed 92 days 01/20/2026
Firm Trial Date Set 120 days 02/17/2026
Case Disposed 183 days 04/21/2026
The plaintiff is required to serve a copy of this tracking order on all defendants before
the deadline for filing return of service.
Joseph B. McIntyre
Clerk - Magistrate
COMMONWEALTH OF MASSACHUSETTS
Barnstable County,SS. Housing Court Department
The Southeastern Division
Bristol, Plymouth &Barnstable Counties
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:
Andrew S Viera and Suzy M Viera are the Owners of a property located at 55 Lakefield Rd in the Town
of Yarmouth.
An authorized representative of the Town of Yarmouth examined the dwelling/property on or about
3/16/2022. The inspection revealed that the dwelling/property did not comply with the provisions of
the State Building Code, 780 CMR 51.00(Massachusetts Residential Code),The Defendant was served
pursuant to Section 114.2 of the Code on or about, 12/20/2022,and 1/17/2025, 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 S Sears, Complainant
TAKEN AND SWORN TO,this 10th_day of February 2025
A TRUE COPY ATTEST:
BORE SAID COUR
CLERK MAGISTRATE
iImportante!iTraducir!Enpotan!Tradwi!Quan Trong!Dinh!
DOCKET NUMBER Massachusetts Trial Court
NOTICE OF CRIMINAL SUMMONS 25H83CR00078C1
Housing Court Department
CASE NAME Town of Yarmouth Building Department,Timothy S Sears v.Andrew S Viera
ATTORNEY OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED YOUR CASE WILL BE HEARD AT:
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court-Barnstable
1146 Route 28 3195 Main Street,Fourth Session
South Yarmouth,MA 02664 Barnstable,MA 02630
NEXT COURT EVENT
11/12/2025 10:00 AM Arraignment ALL PARTIES
MUST ATTEND ON THE EVENT
DATE&TIME
TO THE PARTY OR ATTORNEY ABOVE:
You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Southeast Housing
Court which will hold a session for the transaction of criminal business to answer to a complaint made on oath before this
court,a copy of which accompanies this Summons.
Please be advised that a Default Warrant may issue for your arrest if you fail to appear in Court at the time and place
above mentioned.
The above captioned case will be heard on the date and time indicated above. 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 sign up for Housing Court electronic services,including text-message reminders of upcoming court events in a case,please
complete and submit the following form:httos://www.mass.gov/forms/ereminder-court-date-notification-system.
To help with communication,please be sure the Clerk's Office has your phone number and e-mail address.
Witness,Hon.Judge Hon.Donna Salvidio,Justice,at Southeast Housing Court,Massachusetts,this October 20,
2025.
MAILING ADDRESS AND TELEPHONE NUMBER FOR THIS HOUSING COURT DIVISION
Southeast Housing Court-Barnstable
139 Hathaway Road • OCT 2 4 2025
New Bedford,MA 02740
(508)994-0156
**Normal business hours for this main office are Monday through Friday,8:30 a.m to 4:30 p.m.
DATE ISSUED CLERK-MAGISTRATE
10/20/25 Joseph B.McIntyre
HC0031:07/2024 www.mass.gov/courts Date/Time Printed:10-20-2025 15:18:25
Commonwealth of Massachusetts
Housing Court Department
Southeast Housing Court - Barnstable
139 Hathaway Road
New Bedford, MA 02740
(508)994-0156
Joseph B. McIntyre Hon. Donna Salvidio
Clerk Magistrate First Justice
Re: Town of Yarmouth Building Department, Tim Date: October 20, 2025
Vs: Andrew S Viera
No: 25H83CR00078CI
TRACKING ORDER "CR"
Please take notice pursuant to Standing Order 1- 04 that the above entitled matter is
assigned to the CRIMINAL "CR" TRACK and that the following deadlines apply:
Arraignment 30 days 11/19/2025
Discovery Completed 92 days 01/20/2026
Firm Trial Date Set 120 days 02/17/2026
Case Disposed 183 days 04/21/2026
The plaintiff is required to serve a copy of this tracking order on all defendants before
the deadline for filing return of service.
/1 , 11 . 3, ,7&,! . ..
Joseph B. McIntyre
Clerk - Magistrate
(Importante!(Traducir!Enpotan!Tradwi!Quan Trong!Dich!
"E
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts r'"
CAUSE HEARING 25H83PC00039CI Housing Court Department W'
CASE NAME
Town of Yarmouth Building Department,Timothy S Sears vs.Suzy M Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth Building Department,Timothy S Sears
1146 Route 28 Southeast Housing Court-Bamstable
South Yarmouth,MA 02664 139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
NEXT COURT EVENT
09/22/2025 09:00 AM Probable Cause Hearing Parties must appear at:
Zoom Virtual Court Event
Meeting ID:161 980 3292
Passcode:974634
COUNSEL FOR ALL PARTIES(OR PRO SE PARTY)AAA 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 evidence 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,bring 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
• June 16,2025 Joseph B.McIntyre
HC0030:2/2022 www.mass.gov/courts Date/Time Printed:06-16-202514:25:04
• iImportante! iTraducir! Enpotan! Tradwi! Quan Trong! Dich!
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts ;' ...`}.
CAUSE HEARING 25H83PC00039C1 Housing Court Department
CASE NAME
Town of Yarmouth Building Department,Timothy S Sears vs. Suzy M Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth Building Department, Timothy S Sears Southeast Housing Court- Barnstable
1146 Route 28 139 Hathaway Road
South Yarmouth, MA 02664 New Bedford, MA 02740
(508)994-0156
NEXT COURT EVENT
06/16/2025 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 evidence 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, bring 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.
RECEIVED
JUN 0 61015
eyBUILDING DEPARTMENT
DATE ISSUED CLERK-MAGISTRATE
June 3, 2025 Joseph B. McIntyre
HC0030:2/2022 www.mass.gov/courts Date/Time Printed.06-03-2025 10:04:37
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i lmportante.raducir!I npotan!Tradwi!Qua.'Prong!llich!
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts
CAUSE HEARING 25H83PC00036CI Housing Court Department
CASE NAME
Town of Yarmouth Building Department,Timothy S Sears vs.Andrew S Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court-Barnstable
1146 Route 28
South Yarmouth,MA 02664 139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
NEXT COURT EVENT
03/10/2025 09:00 AM Probable Cause Hearing Parties must appear at:
Zoom Virtual Court Event
Meeting ID:161 980 3292
Passcode:974634
AAA COUNSEL.OR 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 evidence 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,bring 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.
hEl• Ems- 1k
FEB 1 R 2025 I i
BUILDING JEP AHTME NT (
BY
DATE ISSUED CLERK-MAGISTRATE
February 13,2025 Joseph B.McIntyre
HC0030:2/2022 www mass.gov/courts Date/Time Printed:02-13-2025 11:55:29
•
The Housing Court Department . ' \ _
CIVIL INFORMATIONAL SHEET ‘‘\
A.171$7x*c°44:s4/s.
i.Importante! iT'raducir! Enpotan! Tradwi! Quan TrQng! Dick! • -
. Your court event will be held by Zoom or in person. Check your court notice to determine
IMPORTANT! how to participate in your court event. You MUST attend all of your scheduled court
events. If you do not attend or participate, the court may rule for the otherside°
- .Your Court Case
If you filed the case, you are the plaintiff If the case was.filed against you, you are
the defendant, and you should file your written response to the case, called an
` Answer, as soon as possible. Contact the Clerk's Office or a Housing Specialist for
Enroll in Text Reminders
more information.
To sign up for text message reminders Whether you are the plaintiff or the defendant, every time you file a document with
of upcoming.court events in a specific the Court, you must make sure the other side gets a copy.
case, scan the QR code and complete
the eReminderform. Texts will be : To look up your case file online,please visit: https://masscourts.org
sent 4 days before, and.1 day before,the court event. E-Filing your documents with the Court
• To file any forms, documents, or evidence, you can mail it to the Court or file it
electronically through the Court's E-Filing website: http://www.Efilema.com. There
Lawyer for the Day Program is no cost to file into an existing case. V
A Lawyer for the Day. Program (LDP)
Please see the HousingCourt E-Filing Guide: h
is a program through which volunteer g
attorneys are available to provide free https://www.mass.gov/guides/efiling-in-the-housing-court V : -
amacelass
legal advice and assistance to V V' lasmarrace
unrepresented landlords and tenants. Online Court Forms can be downloaded from: V
https://www.mass.gov/lists/housing-court-forms
For more information, please contact: At all stages of the case both parties must follow all Court rules. To look upCourt
The Lawyer for the Day Program rules go to: https://www.mass.gov/law-library/massachusetts-trial-court-rules
is available from 9:00AM to 12:30PM
every: Clerk Magistrate's Office
(1) Wednesday on Zoom, For anyquestions related toyour case file or the filing
Meeting ID: 161 549 3568 process you may contact the
Password: 124593 Clerk's Office at (508)-677-1505.
(2) Thursday in-person, Fall River
(3) Friday in-person, New Bedford
Housing Specialist Department
South Coastal County Legal Services: Housing Specialists (HSD) are employees of the court who serve as neutral
(800)244-9023 mediators and assist parties in reaching an agreement. The Housing Specialist can
provide help with the court process and can connect the parties to resources that
Justice Bridge: • are available in the local community. Contact HSD at
www.justice-bridge.org (508)-677-1505 / (508)-994-0156
(508)449-9296
(617)860-3414
Emergency Rental. &t Mortgage Assistance
Attention Renters, Homeowners, and Landlords: To apply for help with rent,
utilities or mortgage payments, or for more information, go to
www.mass.gov/CovidHousingHelp. You can also call 211 at any time.
• .
. . . .
_ .
t( act Need an Interpreter or Reasonable Accommodation?"
If you have youble participating in a court event or need a free interpreter or reasonable accommodations,
please call(508)-677-1505:
Connecting to Zoom - How to connect with the Court.virtually
You can connect to your hearing Using the Zoom app,you can connect with court personnel
through the Zoom app.Zoom is remotely through the Court"svirtual counter.For example,you
available both by computer and by may ask questions,get information about your case,and seek
phone genwal procedural guidance:
For more information: - Atai bfl ty on Zoom: Monday Friday from 1 0.ely s7 4tOOPIVt -
https://www.niass:gov/iffo Virtual Center Nleeting ID Password
details/renaotevirtual-court-services
• :Irma r • , : • :"• 161:549 3568 124593:
Need Help?
You can also access the virtual counters by telephone(646)028-7666 arid entering the
above Meeting.ID and password
Contathe Court and notify court
staff if you-do not have access to.Zoom : : •. ' • •
Tenancy Preservation,Program . : •
or having difficuftles logging on: -
Please call.(508)-6771505 - The enancyPreservation Program(TPP)is a program�that works with tenants,
including families with children,facing eviction as a result of behavior related to a
TIPS ON USING ZOOM disability;TPP.functions as a neutral party and Works'With the property owner and
tenant to determine whether the disability can be.reasonably accommodated,and
Make sure' ou test your online the tenancy preserved.To contact TPP,.please call:'
connection and video/audio on the
Zoom app the date of your court www.heipfbms.org Plymouth:(508)-930-5667 Fall River(508)-208-5906
Barnstable:(508)-994-9233 New Bedford:(508)-942-0369 Tauntort:(781)-267-3594
event:
Smartphone li
Other Agencies Et Programs:
1. Go to your app store 11 Bristol County Elder Services: (508)-675-2101
2. Look for"Zoom Cloud Meetings"
3. Click Download Catholic Social Services: (508)-674-4681
4. Create an account
5. Click Join Meeting Renew Collaborative Pilot Program: (508)-208-2223
6. Enter Meeting ID
7. Enter Passcode Kingston NeighborWorks Housing Solutions
r''' 1 www.nhsmass.org
Computer (781)422-4204
1. Go to https://zoomgov.com
2. Click Join Meeting Housing Assistance Corporation of Cape Cod(HAC)
3. Enter Meeting ID www.haconcapecod.org
4. Enter Passcode (508)771-5400
For other agencies in your area,go to:www.hedfueiazurewebsites.net
Land line%Telephone
1. Call(646)828-7666(Zoom Court Service Center
phone number) Court Service Centers help people navigate the court system,but do not provide
2. When prompted dial the legal advice.Centers are available to assist you with filling out court documents
Meeting ID and guiding you through the court process.All of the services in the Court Service
3. when prompted dial the Centers are free.You can learn more about the Court Service Center at:
Passcode • https://www.mass.gov/info-details/learn-about-court-service-centers •
o Arraignment
• Arraignment to be scheduled and completed within one month(30
days) from date criminal summons and complaint issues.The judge
shall have the discretion to continue the arraignment for a
reasonable period at the request of either party for good cause
- shown(such as the work is in progress with completion expected
within a reasonable period, and there is no substantial continuing
risk to health or safety).
o Discovery
Discovery to be completed within three months (90 days) from date
of arraignment.
o Pre-trial Conference
•
Pre-trial conference to be scheduled and held within four months
• (120 days)from date of arraignment
ent
o Trial
Firm date to be set for trial to commence within six months (180
days)from date of arraignment
VII. DISPOSITION OF INACTIVE CASES
Matters Pending for More than One Year Without Docket Activity
• During the first quarter of each year there shall be a calf in each Division of the
Housing Court of all cases pending in which there has been no activity reflected on the
docket for more than 12 months. The Clerk-Magistrate shall,after consultation with the
First Justice regarding cases which appropriately might be excluded from such calls,
prepare lists for such calls,and shall give seasonable and appropriate notice by mail to
all interested parties or their attorneys of record. The notice in each case shall state that
the matter is being called for dismissal or other appropriate order,and that failure of a
party or his attorney to answer may result in dismissal of the matter.
o Status hearing to be scheduled and held within six months (180 days)
from initial hearing date,and every six months (180 days) thereafter,
until case is dismissed.'
CRIMINAL ACTIONS26
o Show Cause Determination , #...
• Hearing to be scheduled and commenced within one month (3
days) from date application for Criminal.Complaint filed. The
Clerk-Magistrate shall have the discretion to continue the hearing
for a reasonable period at the request of either party for good cause
shown.
• Clerk-Mag strate to render show cause determination within seven -
i (7) days of completion of hearing.
• .Summons and criminal complaint.to issue within 7 days of show
cause determination.The judge shall have the discretion to
continue the hearing for a reasonable period at the request of
either party for good cause shown.
as If the plaintiff does not appear at the status hearing,the case Will be dismissed.
16 The Massachusetts Rules of Criminal Procedure do not explicitly govern ot to l proceedingsthose ines fore
Housing Court.See,Mass.R.Crizn.P.,Rule 1(b). Nevertheless,.the Housing
guidance where appropriate.
The time standard pertaining to criminal actions shall be applied with due considerationdie fact that as
on of__-
e
to criminal matters that come before it,the Housing Court's principal objective is-too insther ure that residentialcod
property is brought into compliance with applicable health,building,sanitary,
fire or e
primary purpose of code enforcement is to protect the public health and safety rather than to punish past
violations as criminal offenses,Cismmonwsalth v Hadfev.3S1 Mass 439,442,222 N.E2d 681,683(1.966).
However, the full range of criminal sanctions set forth in the applicable statutes, including fines and
incarceration,are available to the Court in appropriate cases.
If it is found that the criminal offense charged was not willful,intentional,reckless or repeated, the
proceeding shall not be deemed criminal and no record of the case shall be entered in the probation records.
G.L.c.l SSC,§19;CernnBortwealih v Otivo.369 Mars.62;66-68,337 N E.Zd 904,908(1975).
•
The time standards pertaining to criminal actions shall be applied by the court with due consi icration for
the above stated principles,and with due consideration to the possibility that certain code enforcement cases
should be deemed civil and made subject to the civil action time standards provisions.
)Importance!iTraducir!Enpotan!Tradwi!Quan Trgng!Dich!
NOTICE OF PROBABLE DOCKET NUMBER Trial Court of Massachusetts
CAUSE HEARING 25H83PC00039CI Housing Court Department
CASE NAME
Town of Yarmouth Building Department,Timothy S Sears vs.Suzy M Viera
ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Town of Yarmouth Building Department,Timothy S Sears Southeast Housing Court-Barnstable
1146 Route 28
South Yarmouth,MA 02664 139 Hathaway Road
New Bedford,MA 02740
(508)994-0156
NEXT COURT EVENT
03/10/2025 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 evidence 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,bring 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. _
RE '_ VED
FEB 18 2025
BUILDING DEPARTMENT
ey
DATE ISSUED CLERK-MAGISTRATE
February 13,2025 Joseph B.McIntyre
HC0030:2/2022 www.mass.gov/courts Date/Time Printed:02-13-202513:12:14
The Housing Court Department , 4r..
CIVIL INFORMATIONAL SHEET S \ Am , s
Cft/N-7,c",145..
;.Importante! ;Traducir! Enpotan! Tradwi! Quan Trung! Dich! o°
. Your court event will be held by Zoom or in person. Check your court notice to determine
► IMPORTANT! how to participate in your court event. You MUST attend all of your scheduled court
events. If you do not attend or participate, the court may rule for the otherside. .
•
ri -- 1,. Ipt.
, Your Court Case
741 77.. If you filed the case, you are the plaintiff If the case was:filed against you, you are
.. . {1 the defendant, and y should fileyour written response to the case, called an
: .:_ r .— youP in..;hr j Answer, as soon as possible. Contact the Clerk's Office or a Housing Specialist for
Enroll in Text Reminders
more information.
To sign up for text message reminders Whether you acre the plaintiff or the defendant, every time you file a document with
of upcoming-court events in a specific the Court, you must make sure the other side gets a copy.
case, scan the QR code and complete
the eRerninder-f orin. Texts will be . To look up your case file online,please visit: https://masscourts.org-
sent 4 days before, and.1 day before, °
the court event E-Filing hhng your documents with the Court
To file any forms, documents, or evidence, you can mail it to the Court or file it
electronically through the Court's E-Filing website: http://www.Efilema.com. There
Lawyer for the Day Program is no cost to file into an existing case.
A Lawyer for the Day Program (LDP)
is a program through which volunteer Please see the Housing Court E-Filing Guide: - L.
attorneys are available to provide free https://www.mass.gov/guides/efiling-in-the-housing-court V"
legal advice and assistance to lei
unrepresented landlords and tenants. Online Court Forms can be downloaded from: V
https://www.mass.gov/lists/housing-court-forms
For more information, please contact: At all stages of the case both parties must follow all Court rules. To look upCourt
The Lawyer for the Day Program rules go to: hays://www.mass.gov/law-library/massachusetts-trial-court-rules
is available from 9:00AM to 12:30PM
every: Clerk Magistrate's Office
(1) Wednesday on Zoom, For any questions related to your case file or the filing process contact the
Meeting ID: 161549 3568 you may
Password: 124593 Clerk's Office at (508)-677-1505.
(2) Thursday in-person, Fall River
(3) Friday in-person, New Bedford Housing Specialist Department
South Coastal County Legal Services: Housing Specialists (HSD) are employees of the court who serve as neutral
(800)244-9023 mediators and assist parties in reaching an agreement. The Housing Specialist can
provide help with the court process and can connect the parties to resources that
Justice Bridge: • are available in the local community. Contact HSD at
www.justice-bridge.org (508)-677-1505 / (508)-994-0156
(508)449-9296
(617)860-3414
Emergency Rental. a Mortgage Assistance
Attention Renters, Homeowners, and Landlords: To apply for help with rent,
utilities or mortgage payments, or for more information, go to
www.mass.gov/CovidHousingHelp. You can also call 211 at any time.
Need an Interpreter or Reasonable Accommodation?
* it If you have trouble participating in a court event or need a free interpreter or reasonable accommodations,
please call'1508)-677=1505:
Connecting to Zoom - How to connect with the Court•virtually
You can connect to your hearing Using the Zoom app,you can connect with court personnel
through the Zoom app.Zoom is remotely through the Couresvirtual counter. For example,you
available both by computer and by may ask questions,get information about your case,and seek
phone. . general procedural guidance•
. •
For more information: •- Availability on Zoom: Monday through Friday from 1:000M00PM=;4
https://www.mass.gov/info= Virtual Counter Meeting i G P a y,\,/o r d
details/renotev irtual-court-seiwtces . . : • .
• Front Counter ' •161.849 3568 ' 593:
Need Help? You can also access the virtual counters by telephone(646)828-7666 and entering the
• above Meeting.ID and password. •
Contact the Court and notify court . . .• . :.. - • • .
•
staff if you do not have access to.Zoom
or having dif iculties loggbig on: Tenancy Preservation Frog 1.
Please call'(508)-677-1505. _ The Tenancy Preservation it'rogram(TO)is a program that works with tenants,
including families with children,facing eviction as a result of behavior related to a
TIPS ON USING ZOOM disability TPP functions as a neutral party and works with the property owner and
tenant to determine whether the disability can be reasonably accommodated,and
Make surn you test your online the tenancy preserved. 'o contact TPP,.ptease call:
connection and video/audio on the
Zoom appthe date of your court www.helpfbms.org .Plymouth:(508)-930-5667 Fall River:(508)-208-5906
Barnstable:(508)-994-9233 New Bedford:(508)-942-0369 Taunton:(781)-267-3594
event.
Smartphone ii
Other Agencies Et Programs:
1. Go to your app store III Bristol County Elder Services: (508)-675-2101
2. Look for"Zoom Cloud Meetings"
3. Click Download Catholic Social Services: (508)-674-4681
4. Create an account
5. Click join Meeting Renew Collaborative Pilot Program: (508)-208-2223
6. Enter Meeting ID
7. Enter Passcode Kingston NeighborWorks Housing Solutions
En
www.nhsmass.org
Computer .® (781)422-4204
1. Go to https://zoomgov.com
2. Click Join Meeting Housing Assistance Corporation of Cape Cod(HAC)
3. Enter Meeting ID www.haconcapecod.org
4. Enter Passcode (508)771-5400
For other agencies in your area,go to:www.hedfuel.azurewebsites.net
Land line/Telephone
1. Call(646)828-7666(Zoom Court Service Center
phone number) Court Service Centers help people navigate the court system,but do not provide
2. When prompted dial the legal advice.Centers are available to assist you with filling out court documents
Meeting ID and guiding you through the court process.All of the services in the Court Service
3. when prompted dial the Centers are free.You can learn more about the Court Service Center at:
Passcode • https://www.mass.gov/info-details/learn-about-court-service-centers •
•
o Arraignment „�
• Arraignment to be scheduled and completed within one month(30
days) from date criminal summons and complaint issues.The judge
shall have the discretion to continue the arraignment for a
reasonable period at the request of either party for good cause
- shown(such as the work is in progress with completion expected
within a reasonable period, and there is no substantial continuing
risk to health or safety).
o Discovery
• Discovery to be completed within three months (90 days) from date
of arraignment.
o Pre-trial Conference
Pre-trial conference to be scheduled and held within four months
• (120 days).from date of arraignment.
o Trial
• Firm date to be set for tdal to commence within six months (180
days)from date of arraignment.
•
VII. DISPOSITION OF INACTIVE CASES
Matters Pending for More than One Year Without Docket Activity
• During the first quarter of each year there shall be a call in each Division of the
Housing Court of all cases pending in which there has been no activity reflected on the
docket for more than 12 months. The Clerk-Magistrate shall,after consultation with the
First justice regarding cases which appropriately might be excluded from such calls,
prepare lists for such calls,and shall give seasonable and appropriate notice by mail to
all interested parties or their attorneys of record. The notice in each case shall state that
the matter is being called for dismissal or other appropriate order,and that failure of a
party or his attorney to answer, may result in dismissal of the matter.
o Status hearing to be scheduled and held within six months(180 days)
from initial hearing date,and every six months(180 days)thereafter,
until case is dismissed.'
CRIMINAL ACTIONS26
o Show Cause Determination
• Hearing to be scheduled and commenced within one month(30
days)from date application for Criminal Complaint filed. The
Clerk-Magistrate shall have the discretion to continue the hearing
for a reasonable period at the request of either party for good cause
shown. -
Clerk-Magistrate to render show cause determination within seven -
(7)days of completion of hearing.
• ,Summons and criminal complaint to issue within 7 days of show
cause determination.The judge shall have the discretion to
continue the hearing for a reasonable period at the request of
either party for good cause shown.
u If the plaintiff does not appear at the status hearing,the case will be dismissed.
14 The Massachusetts Rules of Criminal Procedure do not explicitly govern criminal proceedings in the
Housing Court.See,Mass.RCrka.P.,Rule 1(b).Nevertheless,the Housing Court looks to those rules for
guidance where appropriate.
The time standard pertaining to criminal actions shall be applied with due consideration of the fact that as
to criminal matters that come before it,the Housing Court's principal objective is to insure that residential
property is brought into compliance with applicable health,building,sanitary,fire or other safety codes.The
primary purpose of code enforcement is to protect the public health and safety rather than to punish past
violations as criminal offenses,Commonwealth v.Hadley.331 Mast 439,442,222 N.E.26 681,683'(1966).
However,the full range of criminal sanctions set foals in the applicable statutes,including fines and
incarceration,are available to the Court In appropriate cases.
If it is found that the criminal offense charged was not willful,intentional,reckless or repeated,the
proceeding shall not be deemed criminal and no record of the case shall be entered in the probation records.
•
O L a1SSC,§t9;commonwealth v.Olivo,369 Masi 62,6668,337N.E.2d 904,908(1975).
•
'Meanie standards pertaining to criminal actions shall be applied by the court with due consideration for
the above stated principles,and with due considetatioa to the possibility that certain code enforcement cases
should be deemed civil and made subject to the civil action time standards provisions.