HomeMy WebLinkAboutDecision 4950 - 759 Route 28 Recorded 06.24.22 Bk 35209 Pg155 #32424
06-24-2022 @ 01 : 33p
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4_ TOWN OF YARMOUTH
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V +,' , DECISION
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FILED WITH TOWN CLERK: May 20,2022
PETITION NO: 4950
HEARING DATE: April 28,2022
PETITIONER: Jennifer G. Stanley & Patrick J. Demko
PROPERTY: 759 Route 28,South Yarmouth,MA
Map 33, Parcel 35C
Zoning District: B-2 & HMOD-1
Title: Book 34837, Page 119
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Doug Campbell,Megan Homer
and Jay Fraprie
Notice of the hearing has been given by sendingnotice 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
Cape Cud Times,the hearing opened and held on the date stated above.
The Petitioner is seeking a Special Permit to allow them to house seasonal employees in 100% of
their motel rooms, and to rely upon the tenant's employer to provide 3 meals each day for their
employees.
The Property is located in the B2 and HMOD-1 Zoning Districts and contains 1.42 acres of area,
with 153 feet of frontage on Route 28,and is improved with a 24 room motel built in
approximately 1955, with a manager's apartment, and outdoor picnic areas. There are no
exterior changes contemplated by this relief. Rather,the relief sought tonight pertains to the use
of the property.
The Applicant, relying on Section 404.5.3 of the Zoning Bylaw, seeks to create Seasonal
Employee Housing at the property, by leasing 100%of the available rooms to employees of a
company which operates several motels in Yarmouth. In accordance with the Zoning Bylaw,the
applicant complies with 8 of the 10 conditions for the issuance of a one year Seasonal Employee
Housing permit. Section 404.5.2 of the Bylaw states that if an Applicant cannot meet all the
provisions outlined therein as determined by the Building Commissioner,a Special Permit from
the Zoning Board of Appeals is required. In this case,the applicant cannot comply with
conditions# 7 and #8, which state as follows:
A TRUE COPY ATTEST:
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CM"JiC/CMC/TOWN CLERK
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Bk 35209 Pg156 #32424
7. All employees shall have access to cooking facilities, which shall include at a
minimum a microwave, sink, cooktop and refrigerator/freezer.
8. No more than 15% of any hotel or motel rooms at a single parcel may be used for
employee housing.
The Property does have 3 guest rooms with full kitchens;but the remaining 21 guest rooms do
not. However, the employer in this case provides meals for each of its employees, and a letter to
that effect was submitted to the Board. In addition, the leasing of all of the rooms runs afoul of
the 15%rule recited in the bylaw. However, the current housing crisis for temporary employees
or entry level workers here on Cape Cod has reached crisis level. The Board recognized the need
to house seasonal employees,some of whom are earning minimum wage,or even considerably
more, and who are unable to break into either the rental housing market, or purchase housing
market. Even J1 Students, of which there are many this year, need to have housing arranged or
their arrival to work will not be permitted:
No parties spoke in opposition to the proposal. The Board was supportive of the relief to be
granted, and agreed that the use of motel rooms at the site would not be substantially more
detrimental to the town or neighborhood than the existing use as a traditional motel. In addition,
there would be no undue nuisance, hazard or congestion created and there would be no
substantial harm to the established or future character of the neighborhood or town.
Accordingly, a motion was made by Mr. Fraprie, seconded by Ms. Homer, to grant the Special
Permit as requested,with the condition that it will only be valid for one calendar year,
commencing on the date that this Decision is recorded at the Barnstable County Registry of
Deeds. The members voted,by roll call, unanimously in favor of the motion as follows:
Mr. Igoe AYE
Mr. Fraprie AYE
Ms. Homer AYE
Mr. Campbell AYE
The applicant moved and was allowed to withdraw the request for relief in the form of a
Variance, as it was the consensus of the Board that no such relief was needed. The members
voted unanimously in favor of the motion.
•
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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
§103.2.54 MGL c40A §9)
Seal go , Chairman A TRUE COPY ATTEST:
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JUN 1 1 2022
Bk 35209 Pg157 #32424
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #4950 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
WI/Cdthtatt6f
Mary A. Maslo vski
Town Clerk JUN 1 1 2022
A TRUE COPY ATTEST:
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CMM(.!CMC I TGWN CLERK
JUN 1 1 2022
Bk 35209 Pg158 #32424
`� COMMONWEALTH OF MASSACHUSETTS
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4 rk TOWN OF YARMOUTH
`w ', BOARD OF APPEALS
Petition#: 4950 Date: June 10, 2022
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Jennifer G. Stanley & Patrick J. Demko
759 Route 28
South Yarmouth, MA
Affecting the rights of the owner with respect to land or buildings at:
759 Route 28, South Yarmouth, MA
Map 33; Parcel 35C
Zoning District: B-2 & HMOD-1
Book 34837, Page 119
and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its
decision granting said Special Permit, and copies of said decision,and of all plans referred to in the decision,
have been filed,
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section 13,provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
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Steven S. DeYoung, Chairman
A TRUE COPY ATTEST:
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS WtisjeCPAM RECEIVED & RECORDED ELECTRONICALLY `l I`wN CLE.KK
JUN 1 1 2022