HomeMy WebLinkAbout1985 Feb 05 - Board of Appeals Decision - Petition #2146 _ I VWIV U� iHKI`IUU 1 M
•< ` BOARD OF APPEALS
�f. Hearin Date: 1/24/85
Fi 1 e�i wi th Town C1 erk: ; , � � ,`�?�`� 9
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Peti ti oner: General Marketi ng Assoc. `�`� � � � ������ /' Peti ti ton No: 2146
c/o Attorney M. Dunning .�.,� �-�.� �
P.O. Box 560 �
Mashpee, MA 02649
DECTSION
The petitioner requested a special permit from the Board of Appeals to allow {a)
special permit allowing conversion to condominium of property at northwest corner
of Route 28 & Bass River, being shown as Parcel Z-17, Assesors Map 53� consisting
of a 33 unit motel facility with manager's quarters to an 18 unit motel with managers
quaters, with seasonal use restrictions pursuant to S1540. (b) special permit to
change, extend or alter a non conforming use to permit combination of 30 motel units
to 15 units, increase number of kitchen efficiency units� add dormer & balcony to
Bldg. D, pursuant to S 1532; (c) if S 3112 doesn't apply, relief from S3130 and
53135 and any other applicable provisions of 53110 et seq. and (d) relief pursuant
to S1322, if Board deems same to be required hereunder, & such other relief to
permit modification and conversion as set forth above.
Members of Board of Appeals present: Donald Henderson. Lee Marchildon� Thomas George.
Hugo Sorgi , Ron Zimnerman.
It appearing that notice of said hearing has been given by sending notice thereof
to the petitioner and all those owners of property deemed by the Board to be affected
thereby and that public notice of such hearing having been given by publication in
The Register on 1/10/85 and 1/17/85, the hearing was opened and held on the date
first above written.
The following appeared in favor of the petition: Michael Dunning; Bill Weller, as a
citizen; G. Edward Cusick, developer; Ken Cowgill , Lynn Boucher, James Dooley.
Th� following appeared in opposition: Engineering by letter; Planning Board, by letter;
Mr. Auclair.
REASON FOR DECISION:
This peti_tion was fi.led by Peti,ti.qner� General Marketi,ng Associates. Development
Corporation, which Petitione►^ had the subject property under agreement, but has
suhsequently purchased same fram former owners, John Narri,s and ,�oan Harris�
The subject property consists of approximately 29,180 square feet, and is situated
on the North side of Route 28 at Bass River, The property presently consists of
four buildings, containing thirty motel-type units, three year-round apartment units
and a manager's quaters. There is also a small restaurant located on the premises
and there are a total of nine kitchenette facilities contained within the various
units. The property is situated wiinin a generai busine5s zc,�E.
The Petitioner seeks a special permit to change, extend or alter a non-conforming
use to permit the combination of the tharty motel-type units to fif.teen 'larger. �
more luxurious motel units, to increase the number of kitchen efficiencies and to
add a dormer and balcony to Building D, pursuant to Section 104.3.2. Further,
Petitioner seeks conversion to a condominium form of ownership pursuant to Section
104.4, and, finally, seeks relief from parking buffer zone requirements, if same
is required.
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Pe�, .#2146 decision con't
This decision is specifically predicated upon the following restrictions and
conditions:
1. That the fifteen motel units, being condominium units 1-15, may not be occupied
during at least the months of January and February. This restriction shall
be set forth in the Master Deed, and any violation of same. will render this
Special permit void.
2. That all improvements made on the site must comply with the aforementioned plan
entitled "Jolly Captain Motel" by Terry Luff, and the site plan dated November
21, 1984 by Low and Weller, Inc.
3. No garbage grinders are to be permitted, and this should be set forth in the
condominium restrictions.
4. The occupancy rate of each unit must be listed in the condominium documents but
in no event shall more than four persons occupy any unit at any time. Should
the Board of Health determine that a lesser occupancy rate of any unit is man-
dated by Town or State, law or ordinances, then the lesser occupancy rate shall
apply.
5. The repair and maintenance of the sewerage system, as well as use and maintenance
of the pool , must be specifically the responsibility of the Trustees of the
Condominium Trust, who shall be specifically empowered to impliment this Section,
6. A fire alarm system to be approved by the Yarmouth Fire Department must be
installed prior to the issuance of an occupancy permit.
7. Additional access must be shown from Unit 17 which access shall meet all state
and local requirements.
8. The Health Department must approve the plans and construction of a septic
system before any unit can be conveyed.
9. The 15 motel units are to be used as motel units only and no owner or other
occupant of any of these 15 units may occupy any such unit for a period in
excess of 14 consecutive days. It is the intent of this restriction to insure
that these units are available as motel rental units, to paying guests on a
transient basis.
10. Kichenette facilities in the 15 motel units are to be limited to a combination
sink, 1 burner stove top and refrigerator unit with no oven.
Members of Board voting: Donald Henderson� Lee Marchildon, Thomas George, Hugo Sorgi ,
Ron Z i rrvne rman.
Therefore, the petition for approval and/or special permit is granted.
No permit issued until 20 days from date of filing decision with the Town Clerk,
Myer R, Singer
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��t.#2?�6 decision con`t
° The Petitioner has appeared before the Site Plan Review Cormiittee, and we have a
list of their comments and recom�ndations.
In determining whether to issue a Special Permit, this Board must determine that
no undue nuisance, hazard or congestion will be created and that there will be no
substantial harm to the established or future character of the neighborhood or town.
Specifically, as to Section 104.4, the Board must find that there is no change in
use, that the condominium documents define the use and provide proper management
authority to comply with public health and safety requirements. As to Section
104.3.2, the Board must find that the change will not be substantially more
detrimental to the neighborhood than the existing non-conforming use. In reviewing
Petitioner's plans, we note that the Petitioner plans do the following:
A. To impose a seasonal restriction on the fifteen motel-type units, prohibiting
use thereof during at least the months of January and February. (This reduces
the possibility that these units will become year-round apartment�type units
which would be different from the present use. )
B. To reduce the number of rr�tel units from thirty to fifteen, thus reducing the
required parking on-site and, very importantly, reducing the congestion on this
heavily congested area of Route 28, which is historically one of the worst
bottlenecks in Yarmouth.
C. To eliminate the restaurant presently operated on-site, thus. once again,
reducing traffic and congestion.
D. To upgrade the buildings and to render the grounds more attractive and less
congested, and this d�finitely improving the visual aspects of this site.
E. To bring the septic system up to present Town and State standards.
F. To provide permanent motel management on the premises.
G. To provide in the condominium documentation for a clear definition of the uses,
and provide authority for the condominium Trustees to comply with health and
safety requirements, as suggested by the Site Plan Review Committee.
Based on the foregoing, this Board determines that the requirements as set forth
in Section 103.2.2 have been satisfied and that no undue nuisance, hazard or
congestion will be created and that there will be no substantial harm to the character
of the neighborhood or town.
Based on the foregoing, the Board makes the following decision:
1. To allow a special permit pursuant to Section 104.3.2 allowing the modification
of the thirty motel units to fifteen motel unts, and to modify the roofline
and add a deck to Building D, all in accordance with plans dated January 14, 1985
entitled "Jolly Captain Motel" by Terry Luff Associates, Inc.
2. T� permit the conversion of said property to a condominium form of ownership
persuant to Section 104.4
3. The parking shown on said plan is found to be protected pursuant to Section 301.2,
and is thus approved as shown on said plan.
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Tk�e petitioner requ��sted a s���L�a� p.����'�t from the 6aard of fippeals to allo;� (a)
s��ecial pet�rnit allo,,ing COnverSiGr tc con�iu�.�inium of propert_y at n�rtht�:est corner
af Route 2� & Fass River, beir+q sh���.n �s f�rcel Z-17, Assessors h�ap'--53, cansisting
of a 33 unit n�otel facility �.�i�h r.:_:�:::u�r's quari.ers to an 18 u��it motel �yith mana,ers
q��aters , ��ith s^a�.c�nal use rest►-ic�ic���s c�ursuant to 51540. (b) s��ecia� perR�it to
change, e�:tend or alter a non cr=,rc��,�;:r,g use to per�it c�mbination of 30 n�otel units
to 15 units , incrc�se nu;.;ber of �:it��'��,n effic3ency uriits , add dorrner � balcony io
Eldg. D, pursuart to `1532; (c) if `.�i12 cioesn`t. apply, relief fi��� 53130 and
53135 and any otf,tr applicable pi���`is'ur� of S311Q et seq. and (d) relief pursu�+nt
to 51322 , i f Bc,ard d��tms sz���e to b� requi r�d hereurder, & s,�cf� other rel ief to
permit r�odification and con��ersion as set forth above.
On February 5 , 19u5 a decision �tias filed �tiith the Tawn C�erk. t�it,hin the statutory
20 day a;�peal ptriad, the 1'armouth Flanning 6oard expressed �o tne 6oard of Selectmen
and ti�e �ppeals roard its dissatisfaction a,ith ti,e Decision ar�� as4:ed the Selectmer
��r ,`�nds to sue to .overturn the decision. At the suggestion of the Selectmen , a joint
�ublic hearing bet���een the Rppeals Board and the Planninq 6oard �ti�as held, Feh. 20, 1985
at 5: 30 p.m. at the To4•rn Hall , notice of which was duly posted in accordance with the
OF�en t,eeting Law. The Planring Boards concern centered around ti�:hether the additional
-'kitchenette facilities autho�ized under Restriction 10 of the decision created a change of
use from motel to multi family dw�lling use under the zoning by law. A full and co�pl_•te
discussion of the decision ensued and Petitioner's Counsel was alloti•:ed to ar�dress both
3oards and to explain the petition and his clients position. °
On m�tion duly made and seconded, it was unanimously voted by the 4 �.F.peals Board �r��r�h�rs
present to modify the decision filed Feb. 5, 1985 as follo�•:s:
1. Restriction n�rrber 9 is ar�,ended by deleting "14 consecutive days" and substituting
"30 consecutive days."
2. restriction t�o. 10 is dele�ed in its er�tirety and th� rollo::ir�g res�t"1Ci1Gfl is
su��stituted in its place:
There shall be no n�,�►-e than nine E:i�ct�en facilities loco�Fd on �he site. ?he k.itc� ::-r,s
� in the managers oua�ers ar�d thr�e dpartr,�nts may re�,�ain. In a�dition , no r�or-e tF�an rive
of the f�fteen .,e��: motel units r..ay have E:itchen facilities , 1 ir:ited F�c��:ever, t� a
co�-��ination tti�;o burner stove, refrig�rator and sink.
� Ifl f'��.�E:ir�g this �li'�r�f1CG�t.1�)� ��iE C.�JGf'G CCJriS�O"t'r�'�1 dl I fCICVCft� li i ��f ie c�tJ �iii�.`� '}i. �i?�
�he duf.hOrlty ta rr,��:e the�e changes for the same reasons set fc�-th in the origina�i c��isi��r, .
,'e�:;�ers of Board of Appeals present on February 20, 1925: Donald HEr;d�rson , Lee ���rchildon
Tho��as George , Nuao Sorgi . All of �����oT sat on the original F�earing.
,'�--`,ers of 6oard voting: Conald Ner�der-son , Lee ';archildon, Th��-.?s G�orge, ��ugo �or-gi ,
till voted in fcvor of tr;e �,r.en�'���nt �nd thus the a,.�_nd�_�nt c�rrjes by the r�ecessar-y fc'�r
df{ir��ative votes.
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