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Home My WebLink About2007 - Correspondence t 12I06I2007 09:21 5683857033 LESTER J MURPHY PAGE 02I03 •� L�STER �T. MURPk�X, JR. qT'rOANFY AT LAW P.O. BOX 1388 1380 ROUTE 134 TELFPH�N� (508) 385-8313 EAST DENNIS, MA 02641 FAX (508) 385-7033 REFER TO FILE NO. EMn�t ljmur[�hy�intercapc.com Dec�mb�r 5 , 2007 VIA FACSIMZLE 508-398-0836 Town o� Xarmou�tk� Bu�,�ding Departmez�t 1146 �toute 28 South Yarmouth, M1, 02664 Attn: James D. Brandoli�i, C.B .O. RE: Jo11y Captaia �io�or Lod�� -- Zoaing Relief Request Dear Mr. BrandoJ.�ni : z am wri�t:i.ng to you in conn�ctioz� with the above-re�erenced matter �Co att�mpt to ascertain more speczficity with respect to tk�,e natur� o�: the zoz�ing rel.i.ef that you wil.l be requesting for this propexty. I xeferenCe your �etter to me of Novembe�' 1, 2007, and � am speei�fically �nquiring as �Co exactly what Section,s of Lhe 7oning By-�aw we will be seeking a variance �rom in order to legitimize the use of the v.nits as a multi-fam��y prope:rtX and inerease the number of ]titch�ens �o fifteen (7,5) . I understar�d that it would require reJ,�ef und�r Section zo2 .5A3 for the mu1�a.-�amily use, however, T am also i,nquiring as to whetJ�er there axe any other Seci:a.ons o� �he 2oz�ing By-].aw for which, a variance x�eeds to be requested. I am attempting to complete the zoz�ing applicati.on in �the very near future. Your xeaponse �o this �etter would be most a��reciated as soora as possable . r. 12106f2067 69:21 5683857633 LESTER J MURPHY PAGE 03103 .. - Very truly yours , . (��' �� i�i�� `.' Les�ex J. urphy, J:r. LJM/ec � Ez�Closur.e . Cc: Bob Baxxett Bruce Murphy, via �acs:i.mile o� r A � /� T � '�j� � � � � � � � 1� � IVl � 11 1 � Health � � — Di��isian �rn ��ae7e l l�h�.OUTE 2$, S�U I`H YARMOL�TI-�, �IAS�ACHUSETTS 02b64-2��51 Bttiidins� �'� Tete�l�one(508) 398-2231, Pax(�08) 760-3472 � Divisian November 8, 2007 George Blair, Trustee 7olly Captain Motor Lodge Condo Assn. P.O. Box 54 South Yarmouth, MA 02664 Re: 2008 Motel I,icenses Dear Nlotel 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 pracedure has been reworked, and addirional materials developed. Enclosed please find the following materials relating to your 2008 Motel License: • Application for License/Permit • 2008 Motel Census • Motel License Guidelines/Process Flowchart • Motel Use Inquiry Form Please complete the application and census according to the instructions 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�urrent utilization of yaur prQperty for non-transient use. Questions regaxding non-transient use or the Motel Inquiry Form should be directed to the Building Divisi�q 508-398-2231, ext. 261. All other questions should b� dire�ted to ihe Health Division; 508-398-2231, ext. 241. Thank you in advance £or your cooperation Si rely, t ��. G. Murphy, Director of Health �^ 1 '� 1 l 1� �% �3 . .<..,,._r? �.�4 _ `:1��--s-.�:.t�..f't�.��-�-r.... ,�'�es Brandolini, Building Commissioner ,., �o�''�''�R,,� TOWN OF YARMOIJTH �. O SUILDING DEPARTMENT o _ � � y 1146 Route 28, South Yarmouth,MA 02664 �"",�„^„�,¢�34,y'x 508-398-2231 ezt. 261 Faz 508-398-0836 November 1, 20087 = _ -.. , .. _ 1 � Lester J. Murphy, Jr. } (�OV 0 6 2007 � ' Attorney At Law i , j . . - � ; � P. O. Box 1388 , �-. . .� �._.�._ � East Dennis, MA 02641 ' � Re: Jolly Captain Motor Lodge/1376 Bridge Street (Route 28); S. Y. � Dear Mr. Murphy: Please be advised that I have reviewed your letter of October 1, 2007, concerning your request for a zoning interpretation with respect to the use of the property referenced above. My findings and comments are as follows: ' 1. Petition Nuinber No.2146, dated February 5, 1985 and the subsequent amendments, dated February 21, 1985 provide that: (a)the number ofunits be modified to fifteen motel units in total (b) that they be converted to a condominium form of ownership (c)the units may not be occupied during the months of January and February. Any violation of this would render the Special Permit void, (d)that no more than four guests shall occupy each unit, (e)that no guest stay longer than thirty consecutive days aiid (� that only nine of the units were pernutted to contain kitchen facilities. 2. It is my understanding that all fifteen units contain kitchens, as per Inspector Andrew Arnault who peiforms annual inspections. 3. The units have been used as separate independent residential units 4. Some units are�occupied for long term occupancy. Based on these facts and my readi�g ofPetition No.2146,as amended,it is my interpretationthe Special Permit has been rendered void and that it would require a variance to convert the units to multi-family use and increase in the number of kitchens to fifteen. In the alternative,your clients may seek a variance to re-establish the motel use, pursuant to Zonina Bylaw Table 202.5. Please contact me as soon as possible as to the remedy you will be seeking. V truly yours, � ��'��'�!�`�'"' ames D. Brandolini, C.B.O. Building Coirunissioner cc: Board of Appeals ' Health Department , Assessors Dept. LESTER �T. MURPHY, �TR. t?�i � "� 2;G� ATTORNEY AT LAW P.O. BOX 1388 1380 ROUTE 134 TELEPHONE (508) 385-8313 EAST DENNIS, MA 02641 FAX(508) 385-7033 REFER TO FILE NO. EMAIL ljmurphy@cape.com October 15, 2007 Bruce G. Murphy, MPH, Health Director Town of Yarmouth 11�6 Rcute 2� South Yarmouth, MA 02664-4451 RE: Jolly Captain Motor Lodge, 1376 Bridge Street, South Yarmouth, MA Dear Mr. Murphy: I am writing to you to keep you advised as to the status of our efforts to resolve the outstanding permitting and licensing issues with the Town of Yarmouth in connection with the Jolly Captain Motor Lodge. There was a meeting scheduled between myself, the trustees, the Town Planner, Mr. Sylvia and the Building Commissioner, Mr. Brandolini for the morning of September 28, 2007. Unfortunately, Mr. Brandolini was tied up and unable to attend that meeting. Subsequent telephone calls to his office have not been answered and as a result I recently forwarded to him the enclosed letter to try to obtain his determination as Building Commissioner as to the nature of relief that would be required to legitimize the use of the Jolly Captain as well as its current status under zoning. To date I have not received a response to that letter nor a return phone call,however,I understand Mr. Brandolini was out of Town for a period of time at a meeting. In any event,I did want to keep you advised since ii will not be�,ossiLle to�:?�4�v�+h�he 7.,oning Board for relief until we obtain guidance from the Building Commissioner to insure that the relief being sought will be sufficient to resolve the situation. I will keep you advised as to the status of this matter. Please advise this office as to the Board of Health timeframes with respect to insuring that a motel license can be issued for the property for 2Q�8. Very ly yours, /�� Lester J. M hy, Jr. LJM/ck Enclosure c: Robert W. Barrett c:�mumnorr icH;�cus�rs�,��uv.�:Fc,;,r�n��ny.nG�ima�n.i�.ax , ' -- --__ __. `� LESTER �T. MURPHY, �TR. ATTORNEY AT LAW P.O. BOX 1388 l380 ROUTE 134 TELEPHONE (508) 385-8313 EAST DENNIS, MA 02641 FAX (508) 385-7033 REFER TO FILE NO. EMAIL ljmurphyCa?cape.com October 1, 2007 James Brandolini Building Commissioner Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664-4451 RE: Jolly Captain Motor Lodge Condominium—Property at 1376 Bridge Street, South Yarmouth Dear NIr. Brandolini, Please be advised that I am writing to you on behalf of the Trustees of the Jolly Captain Motor Lodge Condominium Trust in connection with a proposed filing with the Yarmouth Zoning Board of Appeals seeking relief regarding the above referenced property. Before filing the application,I did want to confirm with you that the nature of relief we are seeking will be appropriate under the circumstances involved. ° By way of explanation, the condominium property was the subject of a Zoning Board Decision going back to 1985 involving both modifications made to the configuration of the property as well as an authorization to convert to a condominium form of ownership. I have enclose a copy of the Decision and Amendment to the Decision issued by the Board of Appeals in 1985. As you will note,the Decision was predicated in part upon the fact that the 15 motel units would be used for motel purposes and that permanent motel management would be provided on site. It is my understanding that the property operated in conformiry with that Decision until approximately 1994. Subsequent to the date, the property has operated and been used more as separate independent single-family residences. A number of the unit owners rent their units out on a weekly or longer basis and the same are occupied on a transient basis as similar to a motel operation. However,some of the units are used only by the property owner,are not available for rent and are used seasonally and in at least one case, on a year round basis. This matter has been brought to a head due to recent activities in the Town of Yarmouth involving the definition of transient use as well as a review by the Board of Health of motel licenses outstanding for approximately 50 motels in the town. � _ � At this point in time, my clients are seeking to legitimize the actual use o the property which cleaxly would appear to be more consistent with a multi-family residential use rather than a motel use. In order to do so, I was proposing to file with the Zoning Board of Appeals for three alternative forms of relief. In the first place I would ask that the Board consider modifying the special permit granted in 1985 to remove the conditions and restrictions on the same that require the property to be operated as a motel. Further, I would request issuance of a Special Permit under Section 104 of the Zoning By-laws for a change or alteration of a preexisting structure and or use. Finally, I would request a variance under Use Code Al2 to allow a multi-family use in the BZ zoning district for this particular piece of property. I�r��g�l�t�s�a�uis€�s t0�t�t�er as B��d-��'o�issi�er you kv�uld deLermine the present use of the Jolly Captain Motor Lodge Condominium to be legal if one of those forms of relief were granted by the Board of Appeals. Additionally, another issue that has arisen is the status of the property were the Board to deny any of the forms of relief previously listed. It is my understanding that a motel is not an allowed use in the B2 zoning district in the Town of Yarmouth at this point in time. Therefore,it is important that we determine from your perspective as the Zoning Enforcement Officer the status of the motel use of this property. Motel licenses have continually been issued for this property since prior to the change of the nature of the use going back to 1994 and we are hopeful that we will obtain such a license for the yeax 2008 if we are not able to resolve the permitting issues by that time. In light of these facts and circumstances, were the Board of Appeals to deny any of the types of relief being sought,would my clients be allowed to return the property to a motel type operation or would that also require zoning relief by means of a use variance since the property is not actually being used as a motel at this point in time. As you can see, my clients may very well be faced with a situation where neither the proposed use of the property as single-family residences nor the previously authorized use of the property as a motel may be legally established. Prior to filing any application with the Board of Appeals it is important that we determine the nature of the relief required and the status of the property vis-a-vis the zoning by-laws from your perspective as the Zoning Enforcement Officer. Please advise is you need any further information in order to be able to answer the questions raised in this correspondence. Very ly yours, �� Lester J. M rphy, Jr. LJM/ck � Enclosures c: Robert W. Barrett a.u��,�Fricc••cc.��s••.�ouy.o�n,�o��ao��;i�.a« LESTER �T. MURPHY, JR. ��`� � � 1 2007 i ATTORNEY AT LAW � , �.._ � ,._.�.. __ t � , .. , �-- ' ,__:.: ._....:....�____i P.O. BOX 1388 1380 ROUTE 134 TELEPHONE (508) 385-8313 EAST DENNIS, MA 0264! FAX (508) 385-7033 REFER TO FILE NO. EMAIL ljmurphy@cape.com September 2 6, 2��7 Town of Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664-4451 Attn: Terry Sylvia, Town Planner RE: The Jolly Captain Motor Lodge Condominium - 1375 Bridge Street, South Yarmouth Dear Mr. Sylvia: Please be advised that I am writing to you on behalf of my clients, the Trustees of the Jolly Captain Motor Lodge Condominium Trust in connection with certain issues that have arisen regarding the operation and use of the condominium units at the Jolly Captain. It is imperative that I meet with you and the Building Commissioner at your earliest convenience so that we may determine a path that may be taken by the Trustees and arrange for clarification of any and all necessary filings and permittir_g in order to attempt to legitimize the current use of the property. As you are aware, the Board of Health has called into question the motel license for the Jolly Captain and as indicated unless the Trustees are proceeding forward in good faith to resolve the outstanding issues they will not issue a license for 2008 . Therefor, will you kindly advise at your earliest convenience as to when we may sit down to discuss this matter in more detail . Cordially, /��C�G�-"��`'�.�s ., Lester J. urphy, Jr.� LJM/ec cc : Karen Greene, Town Hall Bruce Murphy, Health Agent Robert Barrett Murphy, Bruce From: yarminfo Sent: Thursday, September 13, 2007 3:01 PM To: Brandolini, Jim; Cipro, Linda; Spallina, Jane; Murphy, Bruce; Florio, Mary Alice Subject: FW: Web Site Contact-Board of Health/Planning Board The e-mail below was received via the web site. Thanks. Shawn -----Original Message----- From: Virginia Aldrich Paquin [mailto:aldrich@samnet.net] Sent: Thursday, September 06, 2007 11:18 AM To: yarminfo Cc: Virginia Aldrich Subject: Web Site Contact-Board of Health/Planning Board As one of the Trustees of the Jolly Captain Motor Lodge Assaciation in South Yarmouth, I would like to request that two more trustees of our association be notified of any upcoming business or meetings or notifications regardinq the Jolly Captain. At present, only one trustee is on the list and we have had an incident where an important notification was not passed on to us or any of the other owners at the Jolly Captain. The other two trustees are as follows: Mr. Gary Paquin 132 Beebe Road Monson, MA 01057 Mr. Robert Barrett 14 Shadow Lane Wellesley MA 02482 I would request that Mr. Blair also be left on the mailing list, as he currently is. Thank you. Gary R. Paquin, Trustee � � s -�,� w�� 3��— �3 � 3 � 7` 7 � i � ��. .��' �.l-�� : .�� ' � A �:J T' � -�° "� 1i46 KOUTE 28 SOL'TI3 .YAKMOUTH MASSACHUSETTS 02664-4451 �MATTACME 9s�/�'� Telepiaone (5()8) ��?8�2231, Ext. 241 — Fax (.508) 760-3472 . 1 h��a�OqAiE0�6� l�" 'O �i OAgt. l� OF HEALTH August 13,2007 Jolly Captain Motor Lodge Condominium Trust Attn_ George Blair;Trustee P.O. Box 54 South Yarmouth,MA 02664 Re: Jolly Captain Motor Lodge, 1376 Bridge Street, South Yannouth,MA Board of Health Hearing—August 20,2007 at 3:00 p.m. Dear Mr.Blair, � Prior to you r�eiving your 2007 motel license, you received a notification letter from this department stating that motels must be in compliance with the new town transient oc�upancy definition. Motels that were non-compliance would be scheduled to come before the Board of Health to discuss their motel licenses. t 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 transieTtt occupancy definition,as adopted at this yea:r's Annual Tovvn 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 a,nd hotel use. Transient occupa.nts must have and be able to demonstrate that they maintain a principal place of residence elsevvhere. TFansient oeeupancy shall genera.11y refer to continuous occupancy of not more than�rirty (3Q) days, and an aggregate of not more than ninety (90) days within any six (6) morrth 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 defined in M.G.L. c. 64G or 830 CMR 64G, as amended, shail generally be considered Transient. Your motel is also a condominiuin that has individual owners subletting their units for individual rentals,as noticed by the "FOR RENT"signs in the windows of several units. I met with you at the motel on August 3,2007 and informed you that it was my opinion the motel was acting more as a condominium and apart�nents than in compliance with the motel bylaw. I informed you that a Board of Health meeting would be scheduled for August 20, 2007 at 3:()0 p.m. at the Yarmouth Town Ha11 in the Hea.ring Room. At this time I would recommend to the Board that your 2008 motel license not be granted based on the above information. You or a representa.tive of the Trustees must be present at this meeting. If your motel permit is not granted, you will need to contact the Building Commissioner/Zoning Inspector for a determination on your condominium Board of Appeals decision or for future zoning use as apartments. Any unit that is rented must conta.et 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 Depariment, Monday through Friday, at 508 398-2231,e�. 24 L Sincerely, � �ruce . hy, MPH Direct r a Heatth BGM/maf cc: Board of Health; Building Commissioner; file n �__