HomeMy WebLinkAbout4975 1376 Bridge St Memo About Relief Requested1 y
LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
508)362-7799 508)362-7199 faxPaulRTardif,Esq.
tardif tardiflaw.com Stacy A. Curly,Esq.www.tardiflaw.com
scurley@tardiflaw.com
REFER TO FILE NO.
MEMORANDUM
TO: Yarmouth Zoning Board of Appeals
DATE: July 19,2022
FROM: Paul R. Tardif,Esq., attorney for Trustees of the Jolly Captain Motor LodgeCondominiumTrust, the Association of Unit Owners of the Bass River WaterfrontTownhouses
RE: 1376 Bridge Street, South Yarmouth, MA—Petition to Modify Special Permit
RELIEF REQUESTED:
The applicant seeks to modify certain conditions imposed as part of the issuance ofYarmouthZoningBoardofAppealsDecision2146andDecision4307, in order to permit theyearrounduseofUnits1through15, and Unit 19, of the Bass River Waterfront Townhouses.
HISTORY:
The Property is the location of the former Jolly Captain Motor Lodge, built in approximately1960, along the Bass River and the gateway to Yarmouth when travelling west from Dennis. Atthattime, the lot was utilized as a 33 unit motel, in four buildings, with thirty seasonal units,three year round apartments and a manager's quarters. There was also a small restaurant in thebuildingclosesttoRoute28, which also housed the famous light house and the Jolly Captainhimself, until he was removed in 2010. The Property consists of approximately 38,000 squarefeet, in the B2 and HMOD1 Zoning Districts.
ZONING RELIEF HISTORY:
DECISION 2146—JANUARY 24, 1985—BOOK 4454, PAGE 165***
In January of 1985, the then-owner of the motel applied to the Zoning Board of Appeals for aSpecialPermitforthefollowingrelief:
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Memorandum— 1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
1. Convert the ownership to a Condominium form or ownership; and2. Change the configuration of the motel to 18 units, with the 3 year round units, 15
seasonal units, a manager's quarters, and increasing the number of units with cookingfacilities.
The Board considered the proposed changes and the applicant's proposed conditions, which were
as follows:
A. To impose a seasonal restriction on the fifteen motel-type units,prohibiting use thereof
during at least the months of January and February.
B. To reduce the number of motel units from thirty to fifteen, reducing parking demand andtrafficcongestion;
C. To eliminate the restaurant;
D. To upgrade the buildings and grounds;
E. To bring the Septic System up to current standards;
F. To provide permanent motel management on premises;
G. To provide, in the condominium documentation, a clear definition of the uses, and
authority to comply with health and safety requirements.
As such,the Special Permit was granted to modify the motel to fifteen motel units, and to modifytherooflineandaddadecktoBuildingD (closest to Route 28), and to permit the condominium
conversion. The following conditions were imposed:
1. That the fifteen motel units, being condominium units 1-15, may not be occupied duringatleastthemonthsofJanuaryandFebruary. 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, 1984byLowandWeller, 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 mandated 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 implement 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 systembeforeAnyunitcanbeconveyed.
9. The 15 motel units are to be used as motel units only and no owner or other occupancy ofanyofthese15unitsmayoccupyanysuchunitforaperiodinexcessof30consecutive
Page 2 of 7 Memorandum—1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
t
days. It is the intent of this restriction to insure that these units are available as motelrentalunits, to paying guests on a transient basis.
10. There shall be no more than nine kitchen facilities located on the site. The kitchens in the
managers quarters and three apartments may remain. In addition, no more than five ofthefifteennewmotelunitsmayhavekitchenfacilities, limited however, to a combinationtwoburnerstove, refrigerator and sink.
DECISION 4169—MAY 22,2008—BOOK 23015, PAGE 146***
In May of 2008, the Trustees of the Jolly Captain Motor Lodge Condominium Trust applied totheZoningBoardofAppealsforeitheraSpecialPermitoraVarianceinordertolegalizeanexistingmulti-family use at the site. The applicant explained that since the 1985 Decisionexplainedabove), that all 18 units, excluding Unit 19 (manager's quarters) were individuallyownedandoccupiedbytheirownersortenants. No Manager's office existed as the motel usehadeffectivelybeenphasedoutinapproximately1993. Each of units had now been outfittedwithkitchenfacilitiesofsomekind, some with a stove/oven combination. The request for reliefwastoallowthepremisestobeusedasa19unitmulti-family residential facility, each withkitchenfacilities.
Approximately 2 years prior to this, the Yarmouth Zoning Bylaw was amended to create theHotelMotelOverlayDistrict(HMOD1), which provided a mechanism for old hotels to converttomultifamilyusesundercertaincircumstances. Unfortunately, the definition of applicable
properties did not include this property. The Board of Appeals did find that some relief was
requested due to the combination of property owner and town acquiescence of this use over theprevious17yearsasamulti-family use, which could not realistically be converted back into a
motel. The Board did, however, urge the applicant to seek an amendment to the Zoning Bylawtoaddresstheirsituation. In the meantime, the Board of Appeals issued a Temporary Variance,for a 2 year period only, on the following conditions:
1) The petitioner shall comply with proposed conditions 1-10 proffered to the Board by thePetitioner(which are incorporated herein by reference and attached as exhibit A);2) During the months of March and April,the 15 so-called motel-type units may not berented, but may be occupied by the unit owner;
3) The 15 motel-type units shall only be rented on a transient basis, as currently defined intheYarmouthZoningBylawforMoteluse;
4) The motel-type units (15) shall be limited to an occupancy of not more than 4 persons atanytime, and the apartment-type units shall be limited to no more than 6 person per unitatanytime;
5) The petitioners shall secure any and all other permits (building, wiring,plumbing, etc.)for any work already done in any of the units;
6) A motel-type register shall be maintained for all occupancy of all of the units, and it shallbekeptandmaintainedbyorunderthecontroloftheCondominiumManagementtrustees);
7) The Board takes no action at this time relative to the boat slip/dock facilities, because oftheinterimnatureofthistemporaryvariance, but does not implicitly approve or condone
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Memorandum—1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
those improvements, or uses, which were undertaken without having been disclosed to orapprovedbythe1985Boardandwithoutsubsequentreliefhavingbeengranted.
The conditions referenced in#1 above were as follows:
a. No change from existing restriction on the fifteen(15)motel reasons[sic] —unoccupiedmonthsofJanuaryandFebruaryofeachyear—will ensure that no year round residentialactivitywilloccur.
b. In no onsite owner/property manager is available, Trustees will engage securitytoinspectpropertyandensurenooccupancyofMotelunitsduringJanuaryand February.c. No change in occupancy terms of the three (3)year-round apartments, Units 16, 17& 18.d. Unit 19 will be occupied on a seasonal basis only with primary use for management useandemployeehousing.
e. There would be no limit on occupancy of the three (3)year round units. The fifteen (15)motel units would be limited to no more than thirty (30) consecutive days of occupancybyrenters. There would be no limitation on consecutive occupancy by unit owners.f. Status of kitchen facilities:
a) Units 16, 17 and 18—Existing year-round apartment units will continue tohavefullkitchenfacilities;
b) Fifteen (15) motel type units will be limited to sink, refrigerator, two (2)burner cook top and microwave oven; *
c) Unit 19 (Management Quarter) limited to same as motel type units;
d) All facilities exceeding above in Unit 19 and motel type units will beremoved.
g. Special Permit from Board of Appeals required for any building permit for expansion orstructuralchangeorinteriorwallchanges. No Special Permit required for maintenanceworkbuildingpermitsuchasfornewrooforwindowreplacement.h. Unit Owners seeking to rent units must comply with all municipal requirements includingrentaloccupancypermit.
i. Annual Board of Health inspections similar to current motel licensing inspections will berequired.
j. The Trustees of the Jolly Captain Motor Loge Condominium Trust will promulgate andadoptamendmentstoCondominiumdocumentsandRulesandRegulationstoincorporatetheseconditions,provide significant penalties for their violation and require payment ofallfeesandcostsforenforcementagainsttheoffendingUnitOwner.
Note: Motel definition specifically allows two burner cook top and microwave.
DECISION 4307—JUNE 24, 2010***
In June of 2010, and due to the 2 year expiration date of the Temporary Variance issued inDecision4169,the Trustees of the Jolly Captain Motor Lodge Condominium Trust applied againtotheZoningBoardofAppealsforeitheraSpecialPermitoraVarianceinordertolegalizeanexistingmulti-family use at the site. As a basis for this request, the applicant cited that at therecentTownMeeting, held on May 3, 2010, a bylaw change was approved which would allow
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Memorandum— 1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
the applicant to secure a Special Permit for this very relief. However, the vote had not become
final, as the Massachusetts Attorney General's office was still reviewing the vote and languageoftheamendmenttodetermineitsconstitutionalityandefficacy. The Board determined that it
would not be proper to grant final relief at that time, but did agree to extend the TemporaryVarianceforanadditionalsix(6) months on the same conditions as listed above.
DECISION 4307—AUGUST 12,2010—BOOK 24913, PAGE 159***
In August of 2010, and due to the approval of the Massachusetts Attorney General's approval of
the zoning amendment on July 26, 2010, the Trustees of the Jolly Captain Motor Lodge
Condominium Trust applied again to the Zoning Board of Appeals for a Special Permit in order
to legalize an existing multi-family use at the site. Specifically, the amendment to Footnote 24 to
Zoning Bylaw Section 202.5 allowed non-transient use of units 1 through 15 for periods longerthan30consecutivedays. Accordingly, a Special Permit was granted, with the followingconditions:
1) During the months of March and April, the 15 smaller units (motel type) may not berented, 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 timewhenrented
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 byorunderthecontroloftheCondominiumManagement(Trustees);
5) Regarding the proposed conditions 1-10 previously submitted and included in(by
reference) Decision#4307, the Petitioner shall continue 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 unitsduringthesemonths.
b. If there is no on site owner or property manager, the Trustees will engage securitypersonneltoinspectandassurethereisnooccupancyofUnits1- 15 during JanuaryandFebruary.
c. Units 1-15 are allowed a sink, refrigerator, two (2) burner 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 changes 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 applicablelaw.
6. The 15 units shall be subject to the use restrictions set forth in footnote 24 to By-law202.5;
7. The Board takes no action relative to any boat slip/dock facilities and does not implicitlyapproveorcondoneanyimprovementstosuchfacilitiesortheiruses.
Copies of these Decisions are attached to the Application for Hearing.
Page 5 of 7 Memorandum— 1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
RELIEF SOUGHT:
The Petitioner, the Trustees of the Jolly Captain Motor Lodge Condominium Trust have
now applied to the Zoning Board of Appeals to Modify the Special Permits issued in Decision
2146 and Decision 4307. It is my belief that the Temporary Variance issued in Decision 4169andextendedinDecision4307hasexpiredandisnolongerinforceorapplicable. The
Petitioner is now seeking the following:
1. Remove the condition that Units 1 through 15 be unoccupied during the months of
January and February of each year;
2. Permit Unit 19 to be occupied on a year round basis but shall comply with conditions
imposed previously for smaller units (i.e. cooking facilities and occupancy);3. Remove the condition that a register be maintained;
4. Remove the obligation to hire security personnel to inspect the units' use.
REASONS FOR RELIEF SOUGHT:
The Trustees are requesting the modifications recited above for a number of reasons. First, there
is a contingent of owners of Units 1 through 15, and Unit 19, who would like to be able to usetheirunitsduringthewintermonths. Although it is likely that some of the units would actuallybeusedbytheirowners, there is a desire to be able to use the units just as the 3 year round units
on site have been used for the last 60 years. There will be no discernable difference in traffic on
the site than during the summer months, and traffic at the mouth of the bridge will be lighter
during that time of the year. I have attached Yarmouth Police Calls for Service for the propertytothismemorandum, which shows that current configuration has not contributed to additional
traffic or noise, nor additional congestion in the area. It should also be pointed out that there is
no request for an increase in the number of occupants in each unit, and the additional two months
of usage in January and February of each year will not increase the number of trips made eachday, compared to the number of trips made during the summer months.
In discussions of matters such as this one, a question usually arises regarding what impactitwillhaveontheschoolsystem, with the emphasis on what effect the use of these units will
have on the Town of Yarmouth's school budget. It should be noted that Units 1 through 15 andUnit19averageapproximately600squarefeetintotal, and the likelihood that families with
school aged children living in small units, without a stove or oven, is small. In addition,there
will remain a condition that they cannot be rented during the months of March and April, which
will foreclose the opportunity for year round residents in this units, except for owners.
The Board of Health has determined that the septic system is capable of handling this additionaluseontheexistingsystem.
Page 6 of 7 Memorandum— 1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
The suggested amended conditions shall read as follows:
1. All 19 units at the Bass River Waterfront Townhouses may be occupied on a year roundbasis. During the months of March and April, Units 1 through 15 and Unit 19 may not berented, but may be occupied by the unit owner;
2. Units 1 through 15 and Unit 19 shall be limited to an occupancy of not more than 4personsatanytimewhenrented;
3. The petitioners shall secure all necessary permits for all work done on the units;4. Units 1 through 15 and Unit 19 are allowed a sink, refrigerator, two (2) burner cook-topandmicrowaveovenonlyaskitchenequipment.
5. Rental of any unit shall be in compliance with all municipal laws and requirements,inclusive of a current rental and occupancy permit;6. There is no change to any condition related to Units 16-18 which have been the subject ofpreviousrelief.
7. Annual Board of Health inspections shall occur to the extent required by applicable law.8. Unit 1 through 15 and Unit 19 shall be subject to the use restrictions set forth in footnote24toBy-law §202.5;
9. Any other previous conditions issued which are inconsistent with these conditions areeffectivelydeletedandwillhavenofurtherforceoreffect;
10. The Board takes no action relative to any boat slip/dock facilities and does not implicitlyapproveorcondoneanyimprovementstosuchfacilitiesortheiruses.
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Memorandum—1376 Bridge St, So. Yarmouth
Yarmouth Zoning Board of Appeals
10-06-2021
Page: 1
Apt# Year MM DD Time Reason Action Call # Site # Vicinity
2015 07 13 1502 D. N. R. Call For Service Services Rendered 15-20447 149 N
2011 07 08 0121 Psychological/Emotional Prob Removed To Hospital 11-17402 149 N
2011 06 08 1838 Alarm, Burglar Unfounded Alarm 11-13934 149 N
2011 05 07 2212 Area Check Ongoing Attention 11-10483 149 N
2011 05 07 0857 Burglary ( B & E) Past Investigated/Report 11-10430 149 N
2008 03 17 1823 Unwanted Guest No Person Found 08-8650 149 N
2007 07 28 1602 Motor Vehicle Accident Investigated 07-21042 149 N
2006 08 18 0027 Building Check No Services Needed 06-21525 149 N
2006 07 18 1102 Motor Vehicle Stop Investigated 06-18326 149 N
2006 03 28 1125 Motor Vehicle Stop Motor Vehicle Summons Issued 06-7727 149 N
2002 06 19 0840 Larceny Investigated/Report 02-10217 149 N
2 2002 09 22 1620 Found Property Investigated/Report 02-18018 149 N
5 2007 04 19 1849 Burglary ( B & E) Past Investigated 07-9827 149 N
6 2003 07 14 1038 911 Hang Up Investigated 03-13821 N