HomeMy WebLinkAbout2010 Aug 27 - Board of Appeals Decision - Petition #4307 :
o����,,,
,�' TOWN OF YARMOUTH
� - -`r�C BOARD OF APPEALS �
y DECISION
t� _ �'
� �,�tr,���t*a
FILED WITH TOWN CLERK: August 27,2010
PETITION NO: #4307
HEARING DATE: August 12,2010
PETITIONER: Trustees of the Jolly Captain Condominium/Motor Lodge
PROPERTY: 1376 Route 28,South Yarmouth
Map&Parcel: 0061.64;Zoning District: B2
Book&Page:4723/224
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman, Joe Sarnosky,Sean Igoe,
Debra Martin and Robert Palmer.
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 the Trustees of the Jolly Captain CondominiumlMotor Lodge, represented at
hearing by Attorney Michael Stusse.
As not all members had sat in prior hearing on this matter, the Chair invited the Petitioner to
either proceed with a four member Board or, as an alternative, to represent the Petition so as to
allow the Board to be comprised of the five members then in attendance. The Petitioner's
representative requested the opportunity to represent the Petitioner and the hearing proceeded
anew.
Mr. Stusse provided the Board with a fine overview of the history of the property and the reasons
for why relief was being sought. Specifically, the Petitioner is seeking relief under Section
1043.2 and footnote 24 to Section 202.5 of the bylaws. This property has been the subject of
prior relief by this Board and, in essence, the Petitioner seeks to modify the Special Permit that
was granted in 1985.
By Town Meeting vote of May 3, 2010, Article 15 was approved which sought to address
properties similarly impacted by the definition of "transient occupancy" passed in 2008. This
article was approved by the Attorney General on July 26, 2010, and is the basis for which the
Petitioner now seeks the grant of a special permit to allow for non-transient use of the
condominium unit owners at the site. Specific to units 1 through 15 only, the relief sought seeks
to legitimize the use of the units for periods longer than 30 consecutive days.
1
f
It is clear from all evidence received that the Petitioner (which has requested relief as to units 1
through 15 only) has met the requirements of the newly enacted zoning section. It has, in all
respects, demonstrated that the criteria for consideration has been met and that by grant of the
Special Permit, no nuisance, hazard or congestion will be created and that there will be no
substantial hann to the established or future character of the neighborhood or Town by such grant
of relief. Further, it was clearly noted during the discussions, that the relief sought and granted,
with conditions, was in no way to be construed as relating to, effectively condoning or otherwise
be perceived to be action related to approval of improvements to or use of boat/slip/dock facilities
at the site and improvements thereto made befare/after the 1985 action of the Board when prior
relief was granted.
Accordingly, on Motion made by Mr. Igoe, seconded by Mr. Palmer, the Board voted
unanimously to grant the special permit as prayed for by the Petition subject to the following
conditions:
1. During the months of March and April, the 15 smaller units (motel type) may not be
rented,but may be occupied by the unit owner;
2. The units (15) shall be limited to an occupancy of not more than 4 persons at any time
when rented;
3. The Petitioners shall secure all necessary permits for all work done on the units;
4. A register shall be maintained for all occupancy of all of the units which shall be kept
by or under the control of the Condominium Management(Trustees);
5. Regarding the proposed conditions 1 — 10 previously submitted and included in (by
reference)Decision#4307,the Petitioner shall conrinue to comply with the following:
a. Units 1-15 shall be unoccupied during the months of January and February
each year and the Trustees will assure that no residential occupation occurs in
these units during these months;
b. If there is no on site owner or property manager, the Trustees will engage
security personnel to inspect and assure there is no occupancy of Units 1-15
during January and February;
c. Units 1-15 are allowed a sink, refrigerator, two (2) bumer cook-top and
microwave oven only as kitchen equipment;
d. Rental of any unit shall be in compliance with all municipal laws and
requirements, inclusive of a current rental and occupancy permit;
e. There is no change to any condition related to Units 16-19 which have been the
subject of previous relief;
f. Annual Board of Health inspections shall occur to the extent required by
applicable law;
2
�
6. The 15 units shall be subject to the use restrictions set-forth in foomote 24 to
By-law §202.5;
7. The Board takes no action relative to any boat slip/dock facilities and does not
irnplicitly approve or condone any improvements to such facilities or their uses.
No permit shall issue unti120 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
3