HomeMy WebLinkAbout2008 Apr 29 - Letter from Bldg. Re: Roof Top Habitable Room�
�F'Y'q`R,� TOWN OF YARMOUTH
y�� � BUII,DTNG DEPARTMENT
o . � y 1146�Route 28, South Yarmouth, MA 02664 �
��""�e.��r�� 508-39&2231 eat. 261 Faz 508-398-0836 `
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Apri129.2008 � ,.f- / ��_ �
. � �� �� ����
Mr. Ho«�azd S. Wensle�- / j f
62-G Maple Street � ,
Canton.MA 02121
r-- ✓
. Dear Mr. Wensle�-: ��
This is to sen-e as a response to�-our letter of April 4,2008 concerning 122,Wilfm Road,fi�-e d�Felling used b�-the
� �dge of the Sea 1.-no��n as 30I_301A-301D South Shore Dri�-e and The Blue Water Hotel.
As per}-our request I ha�-e researched these�-arious issues. My�findings and comments aze as follo��-s:
1. 122 Wilfin Road—As�-ou indicated the etisting site is de��eloped��7th a duplei and is appazentl�-being used in
. conjunction«ith the Blue Water Hotel. A proposal to create eight(8)rooms for motel purposes ria PetitionNo.790.
dated Apri121, 1966«-as denied. This petition and hearing minutes inc�icate the site���as de�-eloped��ith a duplez.
Petition 3149&31�0��-ere filed and heard together. Petition No.3149 dealt i�ith Blue Water proposals and Petition
No. �1�0 dealt���ith Edge of The Sea proposals. I see that relief«-as sought��ia item No. 1 to"add t��-o(2)more
units to the Wilfm Road propert��. I assume this is the duplet located at 122 Wilfm Road. That request along��ith
the bullc of the relief sought in Petition No. 3149��as���ithdra��n. With respect to the duplet being rented b� the
motel.currentl�-there is a Mass.Appeals Court Case pending to determine«fiether motels are permitted to rent non
contiguous single famil��(or similaz)hpe housing to guests as part of the hotel operation. The court's detennination
��-ill ha�-e a direct unpact on the use of this propem-as��.ell, but I cannot predict��hen that court decision«ill be
made.
2. Parcels 127, 128, 129, 130 and 131 aka 301, 301A-301D South Shore Drive–I ha�-e re�ie��-ed Boazd of
Appeals petitions from 19�8- 199�effecting this property&the Edge of the Sea and found that Petition No. 3170.
dated March 14. 1995 relates spec�call}-to tlie units in question. Some of the Boazd�s comments are as follo«-s:
"because of eiisting market conditions and the tourist industn-the building must be up�-aded and brought into a
condition that the tourist customers are demanding to acoid the likeh-.skt�,►ation that the buildings,ifnot economicalh-
�-iable.«�ould fall into disrepair and become a blight on the neighborhood. The Board finds that it is not lil:ely-that
the properties��ould be de��eloped in the future for single family-use'� "---discussion about«hether the building
should be treated as residential or commercial in nature. and determining that th�-aze a commercial use it�r-as
moz-ed,seconded and unanimoush-��oted based upon the facts found by the Boazd to�aat the�-ariances for each of
the buildings" For i-our con�-enience I am enclosing a cop�of Petition 3170. Based on this petition it appeazs the
Boazd of Appeals recosnized these units���ould be used for commercial purposes—motel use.
3.Blue Water Motel–I continue to reseazch the alleged creation/et-olution of the rQof top habitable room. As pazt
of the annual cert�cate. I��-ill be inspecting this propert�-the third��-eek of Ma}-. During this inspection I��-ill
request to rie«-the azea in question. Should i find that such a room has been created��-ith relief,appropriate action
��-ill be taken.
Ven-trul�-, �
, �°p . . � .
Jam���� �
. Brandolini.C.B.O.
Building Commissioner
Encl. 1