AMHERST — Massachusetts TOWNHALL. TNSPECTION SERVIGES DEPARTMENT 4: Rokwood Avenue Phone (413) 259-3030 ex 0. Ames, MA 01002-2381 ax (413) 259-2402 Email October 2,2015 Notice of Violation CERTIFIED AND FIRSTCLASS MAI ‘AND ELECTRONIC DELIVERY. COED Realy, LLC ‘90 Riverdale Siret, Suite 127 ‘West Springfield, MA 01089 Re: Zoning Violation ~382 North Pleasant Street Dear Mr, Lara’ Pleas be aivisd that Ihave found you two unit building located at 382 North Peasant Stret (Property) ia violation ofthe Tovin of Artherst Zoning Bylaw (ZBL) rogarding the maxim number ‘of occupants permited ina single dwelling unit, According to ZBL Section 12.162, a Family is defined 25 “A group of urelated individuals, not to exceed 4 residing cooperatively in one dvelling anit.” ‘Based on evidence collected throughout the month of September by Inspection Services and Amberst Fie Services, conditions viewed during a site visit of September 29, 2015 and discussions during a recent ‘Zoning Board of Appeals hearing have determined that thee is substantial evidence that the two ‘welling units ae housing otal number occupants in excess of eight. (Over the past 30 days my office has monitored the parking arrangements atthe Propecty and found that the condition limiting the total numberof regularly parked vehicles to eight isnot being complied wi ‘You have boon provided the summary of our monitoring efforts which indicates that ten vehicles are regularly boing parkod atthe Property. We have also found thatthe curent parking rgisation system has not been efetive as we have documented multiple examples of insppropeate parking configurations, ‘sm excesive numer af vehicles and vehicles without the resid egitation sicker. (On September 29,2015, | participated ina scheduled walkthrough ofthe builing with he Zoning Board fof Appeals members. “As we toured all levels and spaces of the two unit building, I viewed several concerning situations including hasp and padlocks on doors to bedrooms, living rooms, and other spaces, ‘excessive storage in the third floor eave, a covered smoke detector inthe basement gathering space, and storage of extra matress sets onthe thitd floor, As you know, we were able to view al spaces and ‘account fora total of eight matress sets being used in various rooms thoughout the two units, however, the fact that atonal roms were secured with hsp and padlock, contained personal belongings that one ‘would expect to sein a private living space, andthe stacking of exra matress sets in spaces accesible to the tenants futher supgest that more than ight occupants reside in the building‘Additionally, wehave confirmed trough vehicle registrations, police reports an testimony provided atthe recent ZBA public hearing that atleast 1 names of the apparent occupants of the building also appear on the membership list fr the fraternity Alpha Epsilon P-Phi Chapter. We have alo elleted atonal information suggesting that faternty evens have been held atthe Property including photographs from various Facebook postings dating back to June 2015. As we continue ur invesition info this matte L Would like to draw attention ro Zoning Bylaw Seetion 3.326 which prohibits faery, sorority, social ormitory, or similar use a this Property At this me Tam requiring that the following information be provided to my office by no lator than 4:00 ‘mon Monday October 5.2015: 1. Copies ofall curent and active fase agreements 2 Copy ofthe most rant and upto date vehicle registration log forthe Property including names ‘of permit hoor and icense plate numbers You are hereby ordered to abate the violation of the Town of Amberst Zoning Bylaw rogading the ‘maximum numberof occupants residing at 382 Nowth Pleasant Street. You are further ordered to provide 1 writen response to this Order by no later than Friday October 16,2015 clearly outing the immedi steps you will ake to achiave compliance withthe Town of Amberst Zoning Bylaw, Please be aware that ‘scheduled inspocton of the units will nt solely stil the requirments ofthis ode, You are further ordered to remove all materials being stored inthe third floor enve spice, remove all ditional extra matress ses from the Property, and remove all asp and padlock rom doors throughout the units by no late than 4:00 pm Monday October 5,205. Thisofie will conduct follow-up inspection at 4:00 pm Tvesday October 62015.” You are expgeted to atend this inspection and provide proper ‘advancad oti ofthe inspection to your tenants ‘Your failure to comply with any part ofthis exdor will result ia penalties and court ation taken against you. Your attention is directed t Section 11.45 ofthe Town of Amherst Zoning Bylaw which provides {hat any violation ofthe ZBL issubject to non-criminal complaint pursuant othe provisions of GL. Chapter 40, 21D. The fine for any violation disposed through this procedure shal be one hundred dolla ($100.00) Tor euch offense, Each day sich violation continies beyond the time presribed inthis noice shall be deed a separate offense ‘Accordingly, you may appeal this Order pursuant to the provisions of G.L, AOA and Section 10.1 ofthe ‘Town of Amberst Zoning Bylaw. Any such appeal shall be fled within thirty C30) days BWreatly, Robert A. Mora Building Commissioner «Thomas Rey, Bacon & Wilson