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Home My WebLink About2008 - Correspondence �� YA�� TOWN OF YARMOUTH � � 0 �`j l 146 ROUTE 28 SOUTfI YAI2MOUTH MASSACI-IUSF.TTS 02664-4451 � MATTACMEES � ��+pWFif0�j9�' Telephone (508) 39f�-2231, Ext. 241 — Fax (508) 760-347`L -d B O A R D O F H E A L T H July 23, 2008 George Blair Jolly Captain Motor Lodge Condominium Trust 1376 Bridge Street South Yarmouth MA 02664 RE: Suspension of Motel License Jolly Captain Motor Lodge Dear Mr. Blair: This is to advise you that at the meeting of the Board of He�lth held on July 21, 2008, the Board voted unanimously to suspend the motel license for the above referenced property. It was determined by the Board that the facility was not operating as a motel under the provisions of Massachusetts General Laws Chapter 140, Section 32A. The Board of Appeals has granted a two year temporary variance to the trust in order to continue its present operation while seeking relief from the Planning Board. If you should have any questions, please conta.ct me at the telephone number printed above. I can be reached on Monday through Friday from 9:30 AM to 11:00 AM during regulazly scheduled office hours. Sincerely, :- � G- -� Bruce G. Murphy, MPH Health Director BGM/mar cc: Boazd of Health Attorney Lester J. Murphy, Jr., PO Box 1388, East Dennis MA 02641 Robert C. Lawton,Jr., Town Administrator James Brandolini, Building Commissioner Karen Greene, Director, Office of Community Development File � Printed on L ,SRecycled Paper , � �� -, -1� i . . . ;_J LESTER .T. MURPHY, �TR. - ' `� ATTORNEY AT LAW � '""'f , , ,-_; ,� �- n,�__.�� 1 P.O. BOX 1388 1380 ROUTE 134 TELEPHONE (508) 385-8313 EAST DENNIS, MA 02641 FAX(508) 385-7033 REFER TO FI�.E NO. EMAIL ljmurphyQcape.com July 14, 2008 Bruce G. Murphy, MPH, Hea?th Director Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664-4451 RE: Jolly Captain Motor Lodge, 1376 Bridge Street, South Yarmouth, MA Dear Mr. Murphy: Please be advised that I am writing to you on behalf of the Trustees of the Jolly Captain Motor Lodge Condominium Trust to respond to the contents of your letter dated July 9, 2008. The Board of Trustees takes exception to the conclusion set forth in the first paragraph of your letter stating that there are currently long term rentals on the property. In fact there are no long term rentals on the property, some units are occupied on a frequent basis by the unit owners and some units are rented on a short term basis by their owners to transient guests. The Trustees are not aware of any rental period that extends for a duration of more than 30 days in any of the units. Although the Board of Appeals has granted a temporary two year variance for the use of the property,said variance is predicated upon several important conditions. Included in those conditions are the fact that the 15 motel type units may only be rented on a transient basis in accordance with the Yarmouth Zoning By-law definition. Further, a motel type register must be maintained for all occupancy of all units and the same is to be kept under the control of the Condominium management, that is the Trustees. Finally, the 15 motel type units are limited to no more than 30 consecutive days of occupancy by renters although there is no limitation on occupancy by unit owners. Although the Trustees understand that the property would no longer qualify for a motel license in light of the present zoning status, we feel it is important that the Board of Health in its Decision truly reflects the status of the property, its current use and the fact that the variance allowing this use is limited in time to a two year period. i Clearly, we do not want anything on the record that would prohibit the Trustees from approaching the Board of Health should changes in the zoning status require a return to a motel type use. I look forward to meeting with the Board at its hearing of July 21, 2008, and I do want the record to accurately reflect the status of the property. Very truly yours, , Lester J. hy, Jr. LJM/ck c: James Brandolini, Building Commissioner * Joseph Menfi, Trustee Robert W. 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W m f�tl� m V ^'� V �` � �v �i�� oQ �` � � � � 2 , � ��iro �.. �n o y . � �� • �� ro.c � ��► � m � X � . .�� i m y� � VJ� "�t � � E r • �s mw � 3wm � � ,� a� � . m ■ �'_ 'p,�'L.t.� Q �� .�. � Z `� M d E� cy � � � � � 0y E - � m o� � � � �� : � .m . cg�a v�¢ `o rd' ,. � �� u. i ■ ■ ■ � N a Y �� o TOWN OF YARM�O �JTH � � � � � � `� 114Ei FZOl`"TF: ZH SO[`"I'!I YAILMOt"CI1 Mi1SSA(;III�SN�T'"I� O2Eifi4--l451 � MATTAChICES � �'+ro,.�.��o,e"��' i�elephunr (:il)H) :�41H-`?231, k�:xt. 241 — Fax (508) 7(�(1-'�=472 B O A R D O F H E A L T H July 9, 2008 George Blair Jolly Captain Motor Lodge Condominium Trust 1376 Bridge Street South Yarmouth MA 02664 RE: Hearing - 2008 Revoke, Suspend or Modify Motel License Jolly Captain Motor Lodge, 1376 Bridge Street, South Yarmouth Dear Mr. Blair: This letter is to advise you that the Board of Health will hold a hearing on July 21, 2008, at 3:00 PM in the downstairs hearing room at town hall to revoke, suspend or modify the motel license for the establishment listed above. The Board is aware that the 2008 motel census form notes there are currently long term rentals on the property which is a violation of the town's motel zoning bylaw and/or your motel license under Massachusetts General Laws Chapter 140, Section 32A and 32B. The Boazd requests that you or a representative be present at that meeting to determine the status ot your motel license. The Health Department is aware that the Board of Appeals has approved a temporary variance for a period of two years during which time long term rentals will be allowed at the property. If you should have any questions, please contact me at the telephone number printed above. I can be reached on Monday through Friday from 9:30 AM to 11:00 AM during regularly scheduled office hours. Sin ely, Bruce G. Murphy, MPH Health Director BGM/maz cc: Board of Health Robert C. Lawton, Jr., Town Administrator James Brandolini, Building Commissioner Karen Greene, Director, Of�ce of Community Development Attomey Lester J. Murphy, Jr., PO Box 1388, East Dennis MA 02641 File CERTIFIED MAIL RETURN RECEIPT REQUESTED 7005182000017034259�� KF�;`�i�i" Z�,S Pape�r