HomeMy WebLinkAbout2014 Jun 26 - Board of Appeals Decsion Re: Petition #4532 ��*���``�'"' TOWN OF YARMOUTH �
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FILED WITH TOWN CLERK: July 14,2014 [
PETITION NO: #4532
HEARING DATE: June 26,2014
PETITIONER: Nghia H.Huynh '
PROPERTY: 961 Route 28, South Yarmouth
Map & Lot#: 0042.46; Zoning District: B-2
Doc.#:1,241,992; Ctf#:202873
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Chuck Aart,
Bryant Palmer and Gerald Garnick.
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Register,the hearing opened and held on the date stated above.
The Petitioner is Nghia H. Huynh, d/b/a Brentwood Motor Inn, who seeks relief pursuant to property
located at 498 Route 28,West Yarmouth, in a B-2 Zoning District,pursuant to By-law §404.4
The Petitioner seeks relief pursuant to By-law § 404.4. Under 404.4, the Petitioner seeks approval of
a year-round on-site residence for a property manager for the purpose of managing, maintaining and
securing the property. This is pernutted by Special Permit subject to the following:
1. For Hotels or Motels with less than 100 guest units, one on-site property
manager may be allowed. For Hotels or Motels with 100 or more guest units,
� two on-site property managers may be allowed. In addition,one owner occupied
� unit may be allowed per property, if the unit meets all the operational criteria
� outlined for On-Site Property Managers.
� 2. Immediate family members of the on-site manager are allowed to reside in the
on-site managers unit, depending on the size of the unit.
3. On-site property manager unit sha11 be a minimum of 300 square feet(s fl
of gross floor area for up to 2 persons per unit. An additiona170 of gross
floor area is required for each additional person. Each property manager unit shall
include a kitchen or kitchenette with refrigerator/freezer combination,microwave
� and stove(cooktop/oven combination)with hood.
� 4. On-site property manager units shall meet the definition of a dwelling unit per the
building code and all other applicable codes.
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5. Creation of a dwelling unit or renovations would have to comply with the current
edition of the Existing Building Code. Applicant to provide the Buildiiig
Commissioner a narrative from a registered design professional indicating which level
of alteration they have designed the project under.
6. On-site property manager unit shall meet all the Board of Health and State of
Massachusetts regulations regarding building and fire codes, health codes, water
supply and wastewater disposal.
Accordingly, on Motion made by Mr. Hart and seconded by Mr. Garnick the Board voted
unanimously to grant the Special Permit prayed for by the Petition and with the following condition:
Special Pernut: §404.4.3: Manager's apartment as shown on drawing
provided by Petitioner in the structure between
Room#129 and the office.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals.
Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within
20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See
bylaw,MGL c40A §9)
Steven DeYoung, Chairman
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