HomeMy WebLinkAbout2015 Feb 04 - 2nd Notice of Violation to Daniel & Anna Barenboym from Building Commissioner�
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NOTICE C3F ti ICBLATIOIvT
2'°'I'Nt}TI�E
February 4,201 S
Daniel Baran6oym
Anna Barenboym
6 Russel Rd.
Waytand,MA 01778
RE:
12 Muscovy Laao
West Yarmnuth,MA 02673
Dear Mr.Bazenboym,
This Setter is in reference zo building permiu on file with:this deparunent T1te permits issaed are required
per 780 CMR MA State Building Code—2009 IRC,harein referred tn as 7&0 CMR.
Sectiax RI p5.]ReqnHred XY shall be unJawful to construct, alter, repau, remove nr demolish a bailding or
suucture;or to change the use or occu�oJa building or siruchrre;ar da inszatt or alter arry equipment
for which provisipn rs made or rhe instaflation of which u regutated by this eode wfrhozrt first filing a
wrfaten applieation wzth the buifding o,�'icial mrd oBtafning the requirad permYt.
Building p�;nnit B-08-1067 ta canverta garage into a bedroom and baduoom and
B-10-921 to finlsh a basement were issued by this departarent.Both of the prajects requ'rre malripie I
inspections,To date anly a partial frame inspection has been completeti for pernut B-08-1061.A frame and
insulatian inspectian have been oonducted for permit B-I€}-921.The wrring permit far the basement work �
has e�cpired and no inspections have taken place."fhe plumbing permit status is unc7ear at this time.
Par 78pGMR.
Section R709.3 7xspeciFon requests.II sha11 be the duty ojthe permit holder or iheir agera ta noX�tire
buitding o�cia(zhat such work is ready for irrspection.It shufl be the duty af the persan requesting arzy �
irrspactians reqa�ired by rhis code to pravide access to and means for rnspectdon afsuch work. ;
Secliun RI pAApprava(Required Wark shall not 6e dane be}�ond the poirat indicated in each.s+�coessive I,
inspection withautfrrst atiYainingYhe appraval ofYhe buildingo�ciaG The buildirog o,ficial apon
notifrcatinn,sholl make she rer�uirerl inspections anrl sha(t eittser indicata the portion of the canstrrerxiora I
that is satisfactory as completed, or shalT natify khe permit ha[der or agent of the permit holder wherein the
sarne faits zo campiy with this code.Rny ponions that do nor cam�ty shatl be corrected mrd such portion
shall not 6e covered or cuncealed unti!aurhorized by the buitding official �
The change of use frorn a single femily dwelling to a mixed use suvctw�e wharein the operation of a spa i
and a szngTe family dwelLing is npt in campliance with the provisions af 780 CMR.The creation of ihe spa ,
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and allowing for the putilic's use is also a viotafion of 780 CMR, Table 508.4 Required Se�raration of !
pccwpancies(Aours)where a 2 hour fire separation is required between a residenYta]and a business�use. -
Each violation af 780 CMR can carry fines up to$1,00Q00 a day,each dav a vioiation e�cists constitutes a �
new violation.
MGL CH Id3-Sectioa 91. Whoever violates any of the provisions ofsections one to�ninery, inclusive, '
shall, unless anather pena[ry is prescri6ed be punished by a fine of not less than��one hundred nor mvre ..
than one ihousand do[lars.
This department had received a copy of an advertisement indicating that the basement spa�+as being
advertised for publ'xc use online at capecodbanyacom.I have included copies of the Facabook page in this
mailing,indicating tiie existence of the spa despite your assertions in September 4,2014 ttiat the spa was
for personal use only.You indicated at that dme that it was a mix up with a company thaz advertised on
yow bet�alf,witbout}rour permission."I'fie most recent posting is on Jaauary 30,2015 notifyin$clienis and ,
friends ihat you were available to receive calls again.
You were notified by Inspector Kenn Bates via letter on 3r 18l2014,and atso were ticketed and ultiruately '
denying the delivery of the tickeu.After speeking with you by phone on Dacember 23,2A 14,you indicated
you were having difficulty locatin�a plumber and electrician to certify ttie work that was done and lacked
inspections prior to being eovered up.I asked you to make contact with me on or about Januarq 5,20i5 to
provide an update on the status of your seazch for contractors to verify your work completed witfiout 8ie
required inspections. '
You are herzby ordered to cease and desist all iilegal use and occupancy of the Irasement.
You are required to make proper application to the Zoning Board of Appeals for the commercial use of
your residence or face fines of$300.00 per day,each day constitutes a new violatian.
Futthermore,you are required to remave finishes of the basement area for the pwpose of inspecting the
conceated plumbing and electrical work. �
Failure to comply with tit�e requirements of 780 CMR aze eligible to be 5ned up tv$1,600.00 per dag each ;
day constitutes a new violation. I
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You have 14 days to respond before fiutiber lega]action is considered by this depaitment ��,
If you have any qaestions regarding this letter,the vialations,or the process to remedy the violations,do
not hesitate to contact me at the number provided. ',
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Mazk Grylls-CBO �
Director of Inspectional Services 1 Building Commissioner
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� C:file,Bruce Murphy,Health Director,Brian Heaslip,Hausin�Inspector
Kenn Bates,Building Inspector,Ken Etliott,Wiring Tnspector,Lee Halt Piumhing and Gas Inspector
� VIA c USPS
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