HomeMy WebLinkAbout2015 Feb 04 - Email from Building Commissioner - 2nd Violation Notice Florio Mary Alice
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From: Grylls, Mark
Senr Wednesday, February 04, 2015 11:27 AM
To: Murphy, Bruce; Heaslip, Brian; Bates, Kenneth; Brandolini,Jim
��; vonHone, Amy; Ciprq i.inda;Arnault, Andrew; Bachand, Patricia; Florio, Mary A�ice;
'ca pecod lawyer@camcast.nei'
Subjed: 12 Moscovy Ln.
Attachments: DOCdOS.PDF; D0006&.PDF
HeIIa alt,
FYl, please see attached violation notice and attached advertisements.
Bruce and Brian, if violations of your codes/ bylaws exist, please follaw up with a notice from your respective
codes and bylaws.
linda or Patricia please Iocate attached in electronic file.
Talk soon,
Mark
Mark Grylls - CBO
Director of Inspectianal Services / Building Commissioner
Town af Yarmouth
50$-398-2231 x1260
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�rowrt�,�Ya�z``�c��rx
1146 Route 28;� ¢nn�th,MA 02664
508-398-2232 ext 12+6�,�'sx'SQ8-398-Q836
Ot�ice of tt►c.Bui�diiig Commissioner
NOTICE OF VIOLATION
�N° NC}TICE
February 4,2015
Daniel Barenboym
Anna IIarcnboym
6 Russel Rd.
Wayland,MA 4177&
RE:
12 Muscory Lane
West Yarmputh,MA 02673
Deaz Mr.Barenboym,
This letter is in reference to building permits on flla withthis deparhnent.The permi[s issued are required
per 78U CMR MA State Building Coda—2009 IRC,herein referred to as 780 CMR.
5ectlpx RIpS.]$equiied.IX shall be unlawful to construct, alter,repair,remove or demplish a bui/ding ar
stracture;ar to Fharzge the use or xcupancv of a 6uilding or structure:or to ins1a11 or aller arry eguipment
for which provisipn is made or the installation of which is regulated by this code without firs!filing a
wrztten applrcation with the building ofj3eia!arrd oktaining the reqnired permu.
Bvilding pemat B-48-1061 ta canvert a garage into a bedroom aztd bathroom and
8-10-921 tp finish a basement were issued by this department.Both of the prajects require multiple
inspeciions.Ta date oniy a par[ial frame inspection has been completed for pem�it B-0$-lObl.A frams and
insulation inspection have been cunduoted fnr permit B-I 0-921.The wiring permit for the 6asement work
has e�ryired and no inspections hava taken place.'I'he p(umbing permit status is unclear at this time.
Per 7$OCMR.
Secttan Rt04.37nspectian requests. It shatt be the dury ofthe permit holder or th¢ir aQene to notify the
building af}7cia1 that such work ia ready for inspection It shall be the dury af the person requesting any
inspections reguired by this code to provide access to and means for inspeciion of such work
Sectton R709 Approvat Required. Work shall not be done beyond the point indicared rn each.ruccessive
inspection without first obtaining the approval ofthe baitding o�cia(. The building o�oial upnn
notification,shal!make the required inspeclions and shall either indicate the portio»af fhe canshuction
that u satisjactory as camplete� ar sha!!nntify the permit hotder or ageni of ihe permit hnt�ler whereia the
same farls to comply with this code. Arry portions that do no[aomply sha!!be aorreeted and such partion
shal!not be covered or conceated until authoriaed by ahe 6uitding o�cial.
The change of use from a single famity dweiling ta a mixed use structure wherein the operatian of x spa
and a single family dwelling is not in compliance with the provisions of 780 CMR.The creation of the spa
and allowing for[he public's use is also a violation of 780 CMR, Table 508.4 Required Sepaiatfon oJ
Occupancles(flnurs)whera a 2 how fire separaziun is required between a rasidential and a business use.
Each violation of 78p CMR can carry firns up to$I,OOQ.00 a day,eac violation exists cansYiYuies a
tzew viotation.
MGL CH I�3-Sectipn 91. Whoever vrolates any of the provrsions ojsections one to ninety, inclusive,
shall,unless another penalty is pr�rcriberl,be purrished by af:ne afnot less ihan one hurrdred nor more
than ane thousand doClars.
This depamnent had received a copy of an advertisement indicating that the basemtnt spa was being
advertised for public use online af capecodbanya.com. I have included copies of tha Facebook paga in this
mailing,indicating the existence pf the spa despite you�assertions in September 9,20 t4 that the spa was
for personal use pnly.You indicated az that time that ib was a mix up with a company that advertised on
your behalf,without your permission.'Fhe most recent posting is pn 7anuary 36,2015 norifying cliotrts and
$iends that you were available ta receive calls again.
You were notified by Inspector Kenn Bates via letter on 3/1$l2014,and also were ricketed and ultimately
denying tha delivery of the tickMs.After speaking with you by phone on[3ectmbar 23,2014,you indicated
you ware having difficulty locatiag a plumber and electrician to ceMify the work that was done and lacked
inspections prior to being covered up.I asked you ro make contact with me on or about Janwvy 5,2015 ko
provide an update on the sfatus of your seazch for contractors to verify}row work completed withw�z ihe
required inspections.
You are hareby ordered to cease and desist all illegal use and occupancy of tha basement,
Xou are required to make proper application to the Zon'rng$oazd af Appeals for the commercial usa of
your residenca or face fines of$300.�4 per day,each day constitutas a new violation.
Furthermore,you aze required to remove fmishes of the basement area for the purpose of inspecting the
concealed plumbiog and e]ectrical work.
Failure to comply with the requirements of 980 CMR are eligible to be fined up to$1,000.00 per day,each
day constitutes a naw violation.
You have IA days to respond be£ore further tegal action is cansidered by this departmenz.
If you have any questions regarding this letter,the viola6ons,or the prooess to remedy the vio}ations,do
not hasitate to contact me at the number provided.
TNIy,
�. �
Mark Grylls-£BO
directar of Inspactional Services/Building Comrnissipner
C:file,8ruee Mtuphy,Health Director,Srian Heas3ip,Housing Inspector
Kenn Bates,Building lnspector,Ken EUiott, Wiring Inspector,Lee Hall Plumbing and Gas Inspeckor
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