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Home My WebLink About2007 Aug to 2008 Mar - Misc. Correspondance/Documentation Re: Motel Use/Occupancy � TO�'�`N OF �'AR1�10UTH ' ` p BLTILD[1�1G DEPARTI�tENT ' �y 1146 Route 28, South Yarmouth, MA 02664 4�� 508-398-2231 ext. 261 Fax Sa8-398-0836 h �+b..eu �.. . � a I�IOTEL USE INQUIRY FORM (use to determine the zonin status of motel ses) Street Address '� ' � e �� D�'� � � Assessors' Map No. ( D � Parcel(s)No. � �J � . Motel Name� � ��;��1 � � � � �� J Owner(s)' Name 'J � f v `�� -- � `� Mailing Address �1�� Motel Description & Uses • Attach a completed cop�-of theTo«�n of Yarmouth Motel Census Form to detail the e�isting occupanc�/uses • Long Term& Short Term Cniests Shall be determined b�-the Defuution of Trunsient in Zoning B��la��• Section�00—"trunsient occupa»c;��shull generalh'refer tv continuous occupunc��of not more tlinn thirtti� (30)d�y,un�J an aggregate uf not more than ninett�(90)dat•s with any six(6)mvnth period Use of a guest unit as u residence,or d►velling�nit,shall not be consi�lered trunsient." • Emplo�•ee Housing is defined in Zoning B��la��-Section S00 as"Properh��nvned bl�un empint�er wl�ich is utilize�l to proride lrausing(dormitor��,apurtment,single/multi fumih•vr othem�ise)fvr em�lc��ees or stuff. The emplo��er slrall designute un omsite m�inuger/proctor fi�r euch propertt�sv utilized"and the zoning locations are noted in Table 202.�Use Al 1 NOTE: The follo��•ing information shall be pro��ided b�-the applicant for the Building Department to mal:e this zoiung determination: ✓ Cop}�of As�s�.,rs'Records ✓ Photogrnphs ✓ B��ard uf Appeals'U�;isiuns Condomuuuni U�xuments C)ther dcx:uniented pr�x�f of i�se(s 1 prior to the applicable zoning changel s� I hereby acknowledge that the Building Department's determination will be based on the information provided by the owner/applicant at t f s nitt . 2 /t Signature of owner or cant at Building Department Determination (Ot�fice Use Only) Building Official's Determination as per the information provided as of this date: ��_ �-t�. .��.,� 3 s �' .�r� �. a , �,f' � Buildi g O icial's Signature � ��, Date �y/� fi � An�-peraon aggrie�-ed b� thiH zoning ,ecision ma�-uppeal�aid deciaion to the Zoning Board of AppeaLv pura�uunt to the pro��isions uf MGL�OA,Se�:tion 8 and.15,n�ithin t6irh-(30)da��s. '�� .,,�-�z�� _�e...t� ��aLi � ..��2�'x�.'ei �'''"`� cc:He.�ltli I)ept � � A�tie:;yurs'I)ert. � `� �,..,l��`y,ys�,� �.�.�� J'�^'.�-I�..t,ra e1"' Rrc Oct.�3.21)07 �[,��/��°d' .'�� ' �� , �a�"°��.�, "f��'i� �� ,��IC)L�`T'I:� . p� � ��4� ��r��.,n��c� �E��R�r:��T �.e� ._ _, .� , ;�e�i ".. ' :t�° ��[i �atl�t6�!' ��, �9�tltl�I! �'iaE't�ti}tE��l, �.#.f� d.�.�flg>� c; I. � \;, I;J.,� ��`^ MA'fTAC CSE�� t �D P f i .,�,��> t��i ,;�r �i{�5-3.1�-..�.3[ ��t. 2G1 .E:t�: 508-398-Of33fs � ,��,i� � �: 'L�11�� ; �,,��,�," . � M�TEL USE INQUIRY FORM �.._� __im §. _� °��.-.,�� (used to determine the zoning status of motel uses) Street Address: 1237 Route?8 Assessors' Map No. 60 Parcel(s)No. ?58 Mt�tel Name Captain Jonathan Motel Owner(s}' Name Heiuy Edward Schultz Mailin�;Address Same Motel Description & Uses • Attach a coinpleted cop��of the To�j n of Yarinouth Motel Cei�sus Fonn to detail tlie,eustuig occupa�ic�/uses • Long Term b't Short Term Guests Shall be detei-mined b��tlie Definition of Transient in Zoniug Bt-1a�� Section i0(}—"ti•rrnxrer7t occupai�c;��s1ui71 gerzer•all��refer to continuous occu�rn�c;��qf�Tot fnnre tl�crrr tltirtt' (3(/)dat',an�l t�n�rggregate af nnt more tlir�»rrinetv(90)duys with an��sii(6)morrtli perio`Z Use af n;uest unit rr.s«resi�lence,or�hvellin�unit,shnll not be cansi�lere�l trn»sient." • E'mplc�ree Housing is defined in Zoiung B�-la�j-Section�()0 as "Pra�er•t�>cnvned b>>cr�7 er�aplo��er whiclr is utilize�l tv proi�i�le l:ousing(darmitc�r��,upartment,single/multi family or vtl:erwise),for empl�i>ees or st��ff. TI`ie emplo��er shall�1esi�n�te��n on site m�rncrger/proctor for eucli propertt'so utilizerl."and the zoiung locatioi�s are iioted iu Table?02.�Use Al 1 NOTE: The follo�z�ing information shall be pro�-ided b�-the applicant for the Building Departutment to inake dus zouuig detennuiation: Cop�-of Assessors�Records PhotograplLs Bo�ird of Appeals'Decisiix�.5 Condon�►iiuum Dckuments Other dcx;umented pr�x�f of t�sets)prior to the applict�ble zoning change(s) I hereby acl:nowledge that the Building Departinent's determination will be based on the information provided by the owner/applicant at the tune of subnuttal. (see attached origival) 2/19/08 Signature of owiier or applicant Date Building Departnient Determination (Office Use Only) Building Official's Determination as per the information provided as of this date: Boctrrl ofAppeals gr�nted 20 units 3/S159. It t�ppears 1 S ii�ere constructe�l Bc�arcl ofAppe��Js grctnte�l �r seconrl story cclloiving� net of 11 ore units. Biiilding Official's Signature � _ ` r Date '%� �� An�-person aggrie�-ed b�•thi�zon' decision ma��appeal sxid decision to the Zt►ning Board of AppeaLv pursuant to the pro�•isions of MGL�OA,Section 8 and 1S,�°itlrin thirt��(3p)d¢��-s. ��.�s � -� �,r'1'�,��'�`,t a � cc:Health Dept ��"` 'S'i tvti �1� �-�.� ��`� � �. Assessors�DePt � C�-�sa�� f� t�h.a`�``'� -�-- � F"� t�4 +� ��. r�` Ret-.<>ct.?3.2007 � � � �� ,�•��,�. i,` � � �� '� ��" �G�S''�"�.� �"�' �.t!�` '�"�'�� ,��t"�� T � �....,.�� ` '" � > � r'"�€;s�'�, � � � ��`�"' �4�� t �� ' ��. � �` - Q��g�� TC�Wl�I O►lF' YARM�}�l'I"I� �� • _` �� uz�.:D��v� ��PaR��r�r �± - ,�� 114fs Route 2�, Sautl� Yarmauth, I�E.A, 026�i4 ` FlATTA Fr [SE'� .�`90�JJC3"LrLrJ� CX6e ��& F[�IX J[�CS"J7Q"V(BJ7J - ��Pof�iLDf��.� . _.F C' MOTEL USE INQUIRY FORM (used to determine the zoning status of motel uses) Street Address /Z 3 � Ro✓k._ Z� � �o� �cfiM d�-� /�� Assessors' Map No. �X� Parcel(s)No.� � � Motel Name � 1�ih Johs�h /�07'`'� Owner(s)'Name f7�.��,r �o�wa✓1 �G�,�l fz Mailing Address /Z�/ �i� Z,�'��..1'�i ��''+►d��, iKs'� 0�66 �r Motel Descrintion & Uses � I • Attach a completed copy of the_Town of Yarmouth Motel Census Form to detail the existing occupancy/uses • Long Term& Short Term Guests Shall be determined by the Definition of Transient in Zoning Bylaw Section 500—"transient occupancy shall generally refer to continuous occupancy of not more than thirty (30} day, and an aggregate of not more than ninety(90) days with any siz(6)month periocl. Use of a guest unit as a residence, or dwelling unit,shall not be considered transien�" � Employee Housing is defined in Zoning Bylaw Section 500 as"Property owned by an employer which is utilized to provide housing(dormitory,apartment,sing[e/multi family or otherwise)for employees or staff. The employer shal[designate an on site manager/proctor for each property so utilized"and the zoning locations are noted in Table 202.5 Use A 1 l NOTE: The following information shall be provided by the applicant for the Building Department to make this zoning determination: Copy of Assessors' Records . Photographs Board of Appeals' Decisions Condominium Documents Other documented proof of use(s)prior to the applicable zoning change(s) I hereby acknowledge that the Building Dep ination will be based on the information provided by the owner/applicant at the time of s � Signature of owner or app i at Building Department Determination (Office Use Only) Building Official's Determination as per the information provided as of this date: Building Official's Signature Date Any person aggrieved by this zoning decision may appeal said decision to the Zoning Board of Appeals pursuant to the provisions of MGL 40A,Section S and I5,within thirty(30)days. , ��i�� f�� cc: Health Dept � � Assessors' Dept. �� t �� This form must be returned with application. Town of Yarmouth 2008 Motel Census Directions: Please complete the form below noting the number of guest units and bedrooms associated with those guest units in each of the categories noted. Each unit should be counted in ONLY one (1) cateory. This information will be used by the Board of Health in their consideration of your application for a Motel License and for tracking purposes. This information may also be used by the Building Commissioner where non -transient rentals are identified. The relevant definitions are provided below. Please complete the form using information that best describes your general business practices_ Motel Name: es. a Motel Address: wner ame: ,h Phone#: f-ok 39 3 / OR@ OWN@ JAN 0 k, 2008 7 I hereby acknowledge that the Health and Building De Eterrr+i will be based on the information provided by uhe owner at uie time of submittal. T of Motel Unit Standard Efficiency cot�jc Cottages/Cabins Type of Rental # Units # Bedrooms # Units # Bedrooms # Units # Bedrooms Short-term (Transient) Cottages/Cabins are detached structures that provide occupants with a place to sle may contain one or more bedrooms. f Rental: Type of Short-term (Transient) rentals are those rentals considered temporary and short-te Z Long-term (Public- NOT OWN EMPLOYEES) 3 Permanent Employee rentals are those rentals made for the purpose of providing I , �� `� Seasonal Employee rentals are those rentals made for the purpose of providing ht (June -September). _ �p .1} 1 S - tu0~► Owner's Employees - Permanent ad Owner's Employees - Tem ora /Seasonal Total I hereby acknowledge that the Health and Building De Eterrr+i will be based on the information provided by uhe owner at uie time of submittal. Owner's Signature: --- Date: /,iC NOTES: cot�jc Type of Motel Unit: Standard motel units provide occupants with a place to sleep and bathe. Kitchen f. �e-V ` Se (� Efficiency Units provide occupants with a place to sleep and bathe, as well as kitch Ile - full stove. Efficiency units are generally contained within structures commonly recd units. Efficiency units may contain one or more bedrooms. 5 dfl', Cottages/Cabins are detached structures that provide occupants with a place to sle may contain one or more bedrooms. � F�W _ S Rental: Type of Short-term (Transient) rentals are those rentals considered temporary and short-te `t aco ,.�T V Long-term Public rentals are those rentals made to the general public for periods c outside of the definition of transient.W (rt V n 14 Permanent Employee rentals are those rentals made for the purpose of providing I , �� `� Seasonal Employee rentals are those rentals made for the purpose of providing ht (June -September). _ �p .1} 1 S - tu0~► Definitions: Guest Unit: A room or suite of rooms in a hotel, motel, motor inn or guesthouse, suitable for separate rental. Transient: For the purposes of the limitations of motel or hotel use, Transient occupancy shall be limited to the temporary and short term occupancy, ordinarily and customarily associated with motel and hotel use. Transient occupants must have, and be able to demonstrate that they maintain, a principal place of residence elsewhere. Transient occupancy shall generally 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 unit as a residence, or dwelling unit, shall not be considered transient. For Office Use Only: V_ C4TI ri!nI / "v1TV'rW% Re VK' f Zoning Determination Needed No Yes License Issued No Yes License #: -rt!!) N L, t 14, 4 'Ole 'rile■ � r �[�� (� T� q � �[ �j � �7-� T_T T � YV � V � i 1� � lYl � lJ 1 Il. Health � Division � - 114E RflUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Bi;ilding '�°` Telephoi�e (508) 398-2?31, Fax{508) 760-3�72 Divisian November 8, 2007 Henry Schultz d/b/a The Captain Jonathan Motel 1261 Route 28 South Yarmouth,MA 026b4 Re: 2008 Motel Licenses Dear Motel Owner: As you are aware, the Town of Yarmouth is working to facilitate the motel license process to encourage the appropriate utilization of motel properties. To that end, the licensing procedure has been reworked, and additional materials deveiaped. Enclosed please find the following materials relating to your 2008 Motel License: • Appli�ation for Licex�s�ermit • 2008 Motel Census • Motel i,icense Guideline�Process FlowciTart • Motel Use Inquiry Form Please complete the application and census according to the instrcictions provided. Please note that application materials are to be filed with the Health Division by December 14. 2007. The Motel Inquiry Form is being provided for your convenience, should you have a question regarding the current utilization of your property for non-transient use. Questions regarding non-transient use or the Motel Inquiry Form should be directed to the Building Division, 508-398-2231, e�. 261. All other questions should be directed to the Health Division, 508-398-2231, e�rt. 241. Thank you in advance for your cooperation. Si rely, Bruc��- . Murphy, Director of Health � �,.� j'„ � z,. �X ,%�.��.�,-�'�.-�--.�.., ��me�Brandolini, Building Commissioner � �- •°��Ya� Bo� oF �' :s :�'o TOWN OF YARMOUT � H SELECTMEN O ' —y . . �, 1146 ROU'TE 28 SOUTH YqRMUUTF� MASgACHUSETTS 02664-4492 ��T H MATTACM[ES � TO YV1V �"��,•«�M�o+''��' Telephone (508) 39t9-2231, Ext. 271, 270 — Fax (508) 398-2365 ADMINISTRATOR Robert C. Lawton,J; � September 7,2007 . Mr. Christopher Schultz Operations Manager Beach N Towne Motel ' 32 Baxter Road , Hyannis,Ma. 02601 Deaz Mr. Schultz: 'Thank you for your recent letter regarding your thoughts concerning motel licensing within the Town of Yarmouttt. Town staff and volunteers have worked diligentiy over the past several years to create regulations whereby properiy owners are afforded the opportunity to reinvest and improve their units. In April of 2006,Zoning Bylaws were approved which provide motel owners with the ability to reinvest in the motel units,or redevelop as mixed use/multi-family housing. Recendy, the Town of Yarmouth has worked with the Cape Cod Commission to create a Growth Incentive Zone(GIZ)that will help facilitate and reduce the regulatory process associated with redevelopment. Your ideas concerning extended stay units and other suggestions might be able to be accommodated within the GIZ and the Zoning Bylaw changes. The Town would welcome proposals such as those. Your points have been forwazded#o each member of the Board of Selectmen and to the Community Deveiopment Department. Your suggestions will be taken into account as we move forward to implement the Growth Incentive Zone and the Motel ByLaw. We hope that you will continue to be a participant in the process. Respectfully, -�,�..� n'I E. S e McAuliffe, Chair Jd Yarmouth Boazd of Selectmen 04 b�d Printed on Recycled Paper t � r § �� .. -� �� ¢a � i sr�'�� ,., � �, y � �� A�� i' �>� � � k s �r;`� �'r*� � � . - . hY�?� i� �- ' .,,s .�*�� 4:ti`��r� �v,' ',T�r' ' .4:s ,:.�s�J'��_'. �� cs'�� Y�MdUi�� Mi'l,S�%�.i�.�n,`5�as�,�5()�?Fi�)4_!�d'JI �d ZMAT�� , ""�N � �;��M<�Ao %y>;' 'T�te��l.c,ne (5f��31 3�$-2231,Ext. 241 — F�s, ± _ �; :ri,-34-12 o��,to, G-.s�i" il . •� '��: � �.6- ['�s. A�y.f�S � 1' . F� II.' f'I. :..: - e-E AUg;l1St 13, 2�� The Captain Jonathan Motel Atin: Henry Schultz 1261 Route 28 South Yarmouth, MA 02:664 Re: The Captain Jonathan Motel, 1237 Sridge Street, South Yarmouth, MA Board of Heatth Hearing-August 20, 2007 at 3:Q0 p.m. .� Dear Mr. Schultz, Prior to you receiving your 2007 motel license, you received a notification letter from this department stating that motels must be in compliance Rrith the new town transierrt occupancy definition_ Motels that were non-compliance would be seheduled to come before the Board of Health to discuss their motel licenses. As you are aware, the Board of Health is reviewing motel licenses, prior to the issuance of the 2008 licenses, to ensure compliance with the Town of Yarmouth transient occupancy definition,as adopted at this year's Annual Town Meeting. TRANSIENT OCCUPANCY: For purposes of the limitations of Motel or Hotel use,Transient occupancy sha11 be limited to the temporary and short term occupancy,ordinarily and customarily associated with motel and hotel use. Transient occupants must have and be able to demonstrate that they mainta:in a principal place of residence elsewhere. Transient occupancy shall generally refer to continuous occupancy of not more than tlurty (30) days, and an aggregate of not more than ninety (90) da.ys within any silc (6) month period. Use of a guest unit as a residence or dwelling unit shall not be considered transient. Occupancy that is subject to the collection of Room Occupancy Excise, as def'ined in M.G.L. c. 64G or 830 CMR 64G, as amended, sha11 generally be considered Trausient. I visited the motel on August_3, 2007 and noticed a sign posted tha.t the manager was loca.ted at the Beach `N' Towne Motsl. I have b�n inf�rm�d that t1i� �l�i manag�r's unit is nflw rent�. The gu�st l�g is maintain�at the Beach `N' Towne. The motel appears to be operating more as apartments than as a motel for transient occupancy_ I informed your General Manager Jasmine D. Ready that a Board of Health mecting would be scheduled for Augusf 20, 2007 at 3:00 p.m. at the Yarmouth Tawn Ha11 in the Hearing Room. At this time I would recommend to the Baard that your 2008 motel license not be granted based on the above information. You or a representative must be present ax this meeting. If your motel pernut is not granted, you will need to contact the Building Commissioner/Zoning inspector for a determination on your condomuuum Board of Appeals decision or for future zoning use as apart�nents. Any unit that is rented must contact the Health Department for a rentaUlease registration. If you have any further questions regarding the above, please feel free to contact me at the Health Depa.rfinent, Monday through Friday,at 508-398-2231,e�.241. ' cerely, , � ; { Bruce G. Murphy, MPH Director of Health BGM/maf � cc: Board of Health;Building Commissioner; file � �"Y1``"°`; � � RPc.vcicc P�nct- 1 �, . . , � 6� - � Current Occupants ( � � ` � Loc: Captain Jonathan Motel -Type: All Types Q ��,��,� b•.cE Date: Mon, 20-Aug-2007 ; o�. 1 i { S Name Roam# Ni hts #Adults #Child #Pets 1 Youn ,T lor O1-CJ 39 1 0 0 2 Mazch,Peter 02-CJ 49 1 0 0 3 Schneider,Dave 03-CJ 75 1 0 0 — � ¢'`��°�'�� `� 4 Joa uim,Bobb 04-CJ 7 2 0 0 E'1=l��c,r� 5 Jonas,Theodore 06-CJ 243 1 0 0 6 Gonsalves,Lisa 07-CJ 49 1 0 0 7 Holden,David 08-CJ 83 1 0 0 8 DeCoff,John 09-CJ 56 2 0 0 ; 9 Astuto,Kevin 10-CJ 196 2 0 0 10 Sinclair,Mazk 12-CJ 238 1 0 0 11 White,Barbara 14-CJ 119 1 0 0— G�t G+t y , 12 Robie,Russell 15-CJ 63 1 0 0 '� 13 Macia ,Ma dalena 16-CJ 75 2 0 0 14 Dam anov,Neno 17-CJ 92 2 0 0 15 Ger inov,Vasil 18-CJ 92 2 0 0 16 Souza,Doroth 20-CJ 126 1 0 0 17 Kitami,Hiro ' 21-CJ 63 1 0 0 ��S � �r�crY�n� 18 Traficante,John 23-CJ 243 2 5 0— ��`��' � AQ� M��2.5 25' S 0 M UaVtG`A�' �, ✓ � UI'�c ;, � a� �t c�'�-1 (�G �n o J a��C/� � I' l�c��`, �# 11 v w c. oa��"`�°� � � �-f�-� ��► w � � i � �a �.� � ° � � I � r�c �a�.��° ''�`^�� s �� r� � � �2� c�v�`�`� -- N�w �`'�.` � "� "� � �� ; c� � S `�� I'� � �.�� a�.�►�,'��-k� � ,� P� ' � ��