HomeMy WebLinkAbout2014 Oct 16 - Notice of Violation - Length of Stay Provisions TOWl�t��'YAR�IQUTH
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1146 Route 28j�+a�h�'�rm�th, MA 02664
508-398-2231 ea�t:`13���:,R�ax$08-398-0836
Office of the.�Build�i�g�Co�tnmissioner
Notice of Violation
Octoberl6, 2014
The Point LLC c/o Peter Swartz
Cape Point Hotel
476 Route 28
West Yarmouth, MA. 02673
Re: Violation - Length of stay provisions, 476 Route 28, Cape Point Hotel
Dear Mr. Swartz,
This letter serves to inform you of violations oP the length of stay provisions as described by
the Town of Yarmouth zoning bylaw.
Per the bylaw definitions - Transient: For the purposes of motel or hotel use, Transrent
occupancy sha//be limited to the temporary and short term occupancy, ordinarily associated
with motel and hotel use. Transrent occupants must have, and 6e able to demonstrate that
they maintain a principal p/ace of residence elsewhere. Transient occupancy shall generaJlv
refer to continuous occupancy of not more than thirty (30) days, and an aggregate of not more
than ninety (90) days within any six(6) month period. Use of a guest house as a residence, or
dwelling unit, shall not be considered transient
Based on our conversation, these are the facts relating to an occupant of room 114 as I
understand them. During our discussion you stated that Barbara A. Walker leaves her
belongings in the room but did not stay in the room on a continuous basis for the past couple
of years. She pays her guest fees in a timely manner and that you did not remove her from the
guest �ist.
You are hereby ordered to Cease and Desist all illegal occupancy of the hotel room in
question immediately and make proper application for and receive a permit to occupy the unit
legally. This department does not have record of applications / permits and or variances
allowing the use of the aforementioned unit for so called, long term stay.
Failure to comply with the provisions of the Town of Yarmouth zoning bylaw can result in fines
up to $300.00 per day. Each day that such violation continues shall constitute a separate
offense.
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1 Please contact the Building Department within fourteen (14) days of your receipt of this notice
I' declaring what steps you will take to be in compliance with the Town of Yarmouth Zoning
Bytaws.
If you have any questions please contact me in my office during normal business hours.
Very Truly,
Mark Grylls
Building Commissioner
CC: File, Peter Johnson Staub, Bruce Murphy, Andrew Arnault, Dep Chief Jon Sawyer,Dep.
Chief Steven Xiarhos, Dep. Commissioner Jim Brandolini