The URL can be used to link to this page

Home My WebLink Aboutviolation notice 2007c-j TOWN OF YARMOUTH BUILDING DEPARTMENT ll46 Route 28. South Yarmouth, MA 02664 508-398-2231 ext.260 NOTICE OF VIOLATION Date of Notice June 27,200?, June 28,2007 Lane, South Yarmouth, MA Tbereza C. Dominatto Owner (X)enant The house is assessed as a two-bedroom residence. The assessor's records do not include any basement bedrooms. Furthermore, the upstairs apartrnent includes complete and separate facilities for dwelling purposes; including kitchen, batbroom, bedroom, and one separate entrance to the outside. It does not include the required 2nd means ofegress. The existence of the apartment means that the house is considered a two-family dwelling. 19 Byron Lane is a non-conforming lot located in the B-I zone. The minimum conforming lot size mandated for this zone is 25,000 square feet for a single-family home. The dimensional requirements for a two- family dwelling are twice the normal minimum lot size, i.e., this lot would have to be a minimum size of50,000 square feet for an apartment to be allowed (without relief from the Board ofAppeals). Please be advised of the following 780 CMR (MA State Building Code) and Town of Yarmouth Zoning Bylaw violations: 780 CMR 3603.6.4.2 Minimum glazing area: Every room or space intendedfor human occupancy shall have an exteior glazing area ofnot less than 896 of the floor area. % of the required area of glazing shall be openable. Glazed openings shall be located such that they open directly onto a Itreetir public ailey, or a yard or court, or other open space located on the same lot as the building... Inspection Date: Property Address: Name: Mailing Address: July 2,2007 Inspection Type: MA State Building Code, Yarmouth Zoning Bylaw 19 Byron Lane, South Yarmouth, MA 02664 On June 27 ,2007 ,I inspected your property at 19 Byron Lane, South Yarmouth, MA 02664, on the basis of a complaint received by the Building Department. I was accompanied by Brian Heaslip, Housing lnspector for the Yarmouth Board of Health. During the inspection, I observed two illegal bedrooms constructed in the basernent. The following day, June 28, 2008, I was able to inspect a second-floor aparEnent, which is accessible by means of a separate staircase. Neither the basement bedrooms nor the aparfrnent have been installed with benefit of Building Permits. Page 2 19 Byron Lane Notice of Violation 780 cMR 3603.6.2 ventilation rcquired: Every room or space intended for human occupancy shall be provided with natural or mechanical ventilation... 780 cMR 3603.10,4 Emergency egress from sleeping rooms: sleeping rooms shall have at least one openable window or exterior door approved for emergency egress or rescue in each such room. The units shall be operable from the inside to afull clear opening without the use ofa key or tool. Emergency escape windows, under 780 cMR 3603.10.4, shall have a sill height of n-ot more than 44 inches (l 118 mn) above the floor. 780 cMR 3603.10.1.1 Minimum sizt. All emergency escape windows from sleeping rooms shall have a net clear opening of 3.j square feet (0.307 mz). The minimum net clear ipiing shail be 20 inches by 24 inches in either direction. 780 cMR i603.8.1 Minimum ceiling height: (Exception 3) Habitable basements shall have a minimum clear ceiling height of seven feet zero inches, except that beams, girders and other obstructions spaced not less than four feet on center may project not more lhan six inches below the required ceiling height. 7E0 cMR 3603.10.1 Means ol egress: Egress from all dwe ing units shall be by means of two exit doors, remote as possiblefrom each other and leading directly to grade. Such ioors shai be provided at the normal level of entry/*it. In addition, all other Jloors within a dwelling unit shall have at least one means by which a continuous and unobstructed path to the exit doors, by means ofstairways, corrid.ors, hallways or combinations thereoJ is provided. Exception: In split level and raised ranch style layouts, the two separate exit doors required by 7g0 CMR 3603.10.1 are permitted to be located on diferent levels. Towt of Yarmouth Zoning Bylaw 203.5 Table of Dimensional Reqairements ( Note C.) Two- family dwellings, where allowed, require twice (2 times) the normal minimum lot size of the district. Town of Yarmouth Zoning Bylaw 103.1.1 Compliance cerlification. Buildings, structures or land may not be erected, subslantially altered or changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required byfederal, stale or local law. Issuance ofa building permit or certiJicate of use and occupanqt, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. Page 3 19 Byron Lane Notice of Violation You are hereby ordered to vacate the basement bedrooms immediately. You are also ordered to vacate the apartment immediately, or to integrate it into the rest ofthe house, so that it will not be considered a separate dwelling unit under provisions of the Zoning Bylaw. All relevant building, electrical, and plumbing permits shall be applied for. This includ; any demolition orremoval of existing work. The zoning violation caused by the apartmetrt may be appealed to the yarmouth Board of Appeals' which is authorized to issue a variance from the bylaw. The Board is located in TownHall. violations of Ma State Building code can be appealed only to the state Building codeAppeals Board as provided for in 780 CMR 122.0. Violations of 780 CMR and Town of Yarmouth Zoning Bylaw are the responsibility of the ownerofthe property. Since the property is being listed for sale, any prospective purchasers shall benotilied of this Notice of Violation, Failure to comply may result in criminat / civit complahts being filed against you. you may besubject to fines as prescribed by perthetrt laws and regulations, and/or the issuance of anyrelevant licenses may be delayed. . Si Andrew L. Amault, [ocal Building Inspector Date Thereza C. Dominatto, Property Owner Yarrputh Board of Health Yarmouth Fire De?artment Ms. Andrea DeSouza, Cobb Real Estate Date copy: