Loading...
Memo 4485 Motel to Multi-Family Use 11.13.13o,`Y' . a TOWN OF YARMOUTH C7 Planning 4" M''''' p , 4, 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-24451 Division 1 `°00xf. Telephone(508) 398-2231,Ext. 1276,Fax(508)398-2365 IR5Eo MEMORANDUM Nov 7 4 2u j OUTHTo: Steve DeYoung, Chairman BOARD of APPEALSYarmouthZoningBoardofAppeals From: Kathy Williams, Town Planner m_ Date: November 13, 2013 Subject: 785 Route 28 — Seaview Motel Condominium Trust ZBA Petition#4485 This memo is in regard to Petition#4485 from the Seaview Motel Condominium Trust for 785 Route 28 requesting a Special Permit or Variance under Zoning Bylaw Section 104.3.2(4) to convert from a motel use to multi-family use. This parcel has a long history with petitions to theZBAwhichhavebeensummarizedintheattachedTable1foryourconvenience. Section 104.3.2(4) was added to the Bylaw in 2010 at the behest of the owners of the Jolly Captainmotellocatedat1376Route28. This section was added to the Bylaw when the Jolly Captain was not located within the HMOD 1 zoning district, although it has subsequently been added. It was meant to offer a mechanism to convert from a motel use to multi-family use, which was not otherwise available at the time. Please refer to the attached Table 2 which summarizes the ZBA Decisions for the Jolly Captain parcel related to the multi-family use. Planning Staff and the Building Commissioner contacted Town Counsel to request a legal opiniononwhetherthesubjectparcelwouldqualifyunderSection104.3.2(4). Please refer to the attached November 13, 2013 letter from Attorney Bruce Gilmore where he offers his opinion that thisparcelwouldnotqualifyforreliefunderSection104.3.2(4). Given its location, the subject parcel could obtain zoning relief through the Village CentersOverlayDistrict(VCOD). The subject property is located within Village Center 2 (VC2)where multi-family use is allowed. However, given the significant design requirements of the VCOD, the property, as a motel conversion, would be more suited to HMOD1, Section 404. Although the subject property is located within the HMOD1, it does not meet the applicability requirements ofSection404.1.2 as there was no motel license in effect on or subsequent to April 11, 2006. In the case of the Jolly Captain, the ZBA issued a Temporary Use Variance to allow time for thepetitionertosponsororencourageamendmentstothezoningbylaw. It may be a viable option for Zoning Board of Appeals 785 Route 28—Petition#4485 November 13, 2013 Page 2 of 3 the applicant to pursue modifications to the applicability portion of Section 404 to allow this property to be redeveloped as multi-family using the predefined process outlined in Section 404. This process is designed to ensure that adequate building and site improvements are completed to accommodate this change in use and level of density. Should the ZBA issue a Special Permit under Section 104.3.2(4), the last paragraph of this section allows the ZBA to impose reasonable conditions on the Special Permit as they deem appropriate. Because of the similarity with other Route 28 motels, it would appear reasonable to expect these property owners to adhere to the same requirements imposed on other property owners who wish to convert from a motel use to multi-family. These requirements are spelled out in Section 404— Motels, and include mandatory compliance with the Yarmouth Architectural and Site Design Standards,Formal Site Plan Review, and providing affordable units. Given the proposed changeinuse,the property should also be required to adhere to Bylaw Section 301 —Parking and LoadingRequirements. The applicant should be required to provide a site plan showing how they intend tobeincompliancewiththissectionforparkinglayout, buffers and curb cuts. In addition, a review of the Zoning Board of Appeals file reveals a site plan entitled"Site PlanShowingSanitarySewerageDisposal",prepared by Eldredge Engineering, dated January 7, 1981andrevisedinJuneof1981. This plan shows the general site configuration in 1981, after the two parcels were subdivided(though an ANR on September 22, 1980). The 1981 site plan was stamped as being received by the Town Clerk on February 3, 1986 and was submitted as part ofPetition#2277(which requested a special permit to allow a business use for an insurance/real estate office in Unit 1). Please refer to the attached plan. The 1981 site plan shows 15 parking spaces, with 6 spaces located directly in front of Cottages 1,2 & 3 along Route 28 and the remaining 9 spaces along the eastern property line, accessed from the Red Mill hotel property with a proposed 10' right-of-way easement. It is unclear whether this easement was ever formalized. There is no parking shown coming directly off of Seaview AvenueorHowesRoadandbothareasareidentifiedasgrass &trees which provided a large vegetated buffer. A paved walkway is shown from the parking areas to the units along Seaview and Howe. Over time, it appears that the unauthorized use of the property as multi-family increased the parking demands on this parcel and residents started creating parking directly off Seaview Avenue and Howe Road as shown in the current Site Plan submitted with the application. This parking islocatedwithinthebuffer,results in excessive curb cuts for this small parcel, and creates a nuisanceandtrafficcongestionassociatedwithcarsbackingoutontobusySeaviewAvenue. Finally, the last paragraph of Section 104.3.2 (4)also states that all projects are subject to the inclusionary zoning provisions of Section 412.2. This section requires one in five units to be affordable. As there are ten units at the subject site, two units will need to be deed restricted as affordable in perpetuity. These units will need to be rehabilitated in order to meet the AffordableHousingStandardsdevelopedbytheYarmouthCommunityHousingCommittee. Zoning Board of Appeals 785 Route 28—Petition#4485 November 13, 2013 Page 3 of 3 In the event the ZBA issues a special permit for this project under Section 104.3.2(4), the following conditions are recommended for consideration by the Board of Appeals. Please note that these conditions also address input from the Fire Department and Board of Health. 1. Modify all parking to be located on the subject parcel and be located outside the publicroadlayout. 2. Define parking along the eastern property line to maintain an access aisle for emergency vehicles and post no parking signs on the fence. Angled parking may be considered.3. Reduce the number of curb cuts on Route 28 to no more than one at a maximum width of 24'. 4. Reduce the number of curb cuts along Seaview Avenue to no more than one at a maximum width of 24'. Parking shall not back out onto Seaview Avenue. 5. Provide septic inspection reports for each system. Any failed septic systems must be repaired in accordance with Town and state standards. The applicant must submit a floor plan for each unit with square footage of each room, along with occupancy of each unit.6. Each unit that will be rented must comply with the State housing code and must maintain an annual Health Department Rental/Lease Occupancy Permit. 7. Per Zoning Section 104.3.2(4), item G, all buildings shall be required to contain hardwired heat and/or smoke detector systems connected to a central panel. 8. Within six months of the Decision date, the applicant shall develop site, landscaping and architectural plans showing proposed improvements that demonstrate the maximum feasible compliance with the Architectural and Site Design Standards and Section 301, including potentially reducing the number of parking spaces to the minimum required by the Zoning Bylaw. The applicant shall obtain comments from the Design Review Committee and the Site Plan Review Team on these proposed improvements. 9. Within 12 months of the Special Permit Decision date, the applicant shall submit all the information identified above to the Zoning Board of Appeals, and provide an implementation schedule showing completion of these improvements within three years of the Special Permit Decision date granting multi-family use on the property. 10. The project shall include 2 affordable units. The affordable units shall qualify as low or moderate income units for the purposes of M.G.L. Ch 40B, sec. 20-23 and shall be in compliance with 760 CMR 56.00 the Local Initiative Program(LIP) and meet the guidelines and standards there under promulgated there under by the DHCD for the inclusion in the DHCD Ch 40B Subsidized Housing Inventory as Local Action Units. The affordable units shall comply with the Town of Yarmouth Affordable Housing Standards. The specific units shall be identified when the applicant submits to the CommunityHousingCommittee. The Planning Department would be happy to work with the applicant to develop possible zoningamendments, and site and building improvements that would be necessary to accommodate thischangeinuse. r— ram''jt- qftIut3. r 2 c t . N n I 4 1 C/3;A/ ----- 4d d Oar y LC 2i 4 r n 16 ai t. Z ' •C• aVa, T i{ w=.. I'a '' ' s ` -.- wrx e td :1 i --v. t:, 4. z ii i I r" r 4 1_ f } r— L.,. 1 t. ., tt t % n 1 , t , I 3334 v s r fir' I 1 s 44 2- e 1 t l C I tom„=,3 1 per. `..t, ta— a 1 111 AA. a 71 f YgAV f'71d4 V-7 r' RECEIVED BRUCE P. GILMORE ATTORNEY AT LAW NOV .` 4 L.00 j:, 99 WILLOW STREET YARMOUTHPORT, MA 02675 YAR3vMOUTH BOARD OF APPEALS 508) 362-8833 FAX (508) 362-5344 E-MAIL: capecodlawyer@comcast.net November 13, 2013 Zoning Board of Appeals Yarmouth Town Hall 1146 Route 28 South Yarmouth, MA 02664 Re: 785 Rt. 28 (Seaview Motel Condominium) Dear Board Members: I have been asked by the planning staff and the building commissioner to provide your board with an opinion relative to the pending application before you by the Seaview Motel Condominium for relief under Section 104.3.2(4). In preparing this legal opinion, I have reviewed the by-law, the history and past zoning decisions on the property, along with the materials submitted to you by Attorney Paul Tardif. The language of the first sentence of the second paragraph of the applicable provision in the by-law, as well as the property's history, leads me to conclude that relief under Section 104.3.2(4) is unavailable to the petitioner. First, the property has not functioned as a hotel or motel for at least twenty-five (25)years. It has been licensed as a motel in the past, but my research discloses no license since the 1980's. The petitioner has been before your board at least twice regarding converting the use of the property from motel to multifamily. In 1981, the petitioner was seeking a special permit and, in 2003, it was seeking a special permit as well as appealing the decision of the building inspector. All relief was denied and no appeals were taken. Notwithstanding such denials, the property has been used and continues to be used as multifamily housing. The language of Section 104.3.2(4)to which I am referring states, in part: A Special Permit may be issued for a hotel or motel located in the B2 Business Zoning Board of Appeals November 13, 2013 Page 2. Zone or within that portion of the R25 Residential Zone located south of Route 28 and licensed as such on or before April 11, 2006, and for which a Special Permit authorizing conversion to condominium form of ownership was issued under Bylaw section 104.4.4 on or before said date, authorizing a change in use to Use Code Al2 multi-family use provided further that such hotel or motel is not located in the HMOD1 or HMOD2 Zoning Districts and further provided that the Board of Appeals finds all of the following..." (Emphasis added). Since the by-law contains the conjunctive word "and" any petitioner seeking relief under this section of the bylaw is required to show that the property is both a hotel or motel and that it was licensed before April 11, 2006. The Seaview Motel Condominium is not a hotel or motel. Therefore, it is my opinion that your board cannot grant the requested relief under this section of the by-law. Should the petitioner demonstrate variance conditions to the board that warrants such relief, it is certainly within the sound discretion of the board to grant it. I would add that prior requests have denied. If you have any questions, please don't hesitate to contact me. Very truly yours, Bruce P. Gil re gg cc: K. Williams M. Grylls cn a a)4° cn ° o °' oa. E et ooEaE 4atoOtOaOvOCl.) O cr30cCyfs '+0 cn cn y O NCr'COI S3. Q a) a) > O O0a) Ccoci) 4 a) •7, .„ O a)A o O O O a3" a) c 0EO0 - a)C3Oy, a) O a) 6 A i.1 to t. a) t ct, O y O N bD O bO Oa) d bA O N O c; ONz> •9NE A o6.4 aaCoano.fl VOC.) - n o Ts -o IS .70 o , r 0 ct °' x > ° 3 a Fr vp U a x ° c4 •° C ct 0 boOa-. a) >, O a) N O O .- O .0 N N C C y aj p b 4 •— O P " N N a) ¢¢"„ at O a ate. N O " O a) a) c A - > 0 a a) a) a.Q CL NcatQ O b O O at U 4C 0 O ' 9 E". a) O O1 cono. 0 o O '.d . fa) cn cC • CD_o = O CNI- O O a ° a) Q 0 O N - O N 4_ o o a 0 co o oo o N o g p 0 0 0 E a) w 0 at oM N on Cr cct N Q 0 0 •cd O 'O C cd alo a) U C e O p > N O a' C. v •b CU o o 0 x U g s, a x a: V t7 a) cd s a fC r Q 'Q a) ga) ..° 1. vi /D c O4i3O a a)A N cr a. CL o cat ct E. 3 0 - w. 4. - 4. A a)a) C C" ct ^" O O - y a)ti N a) cr'a) d bA z A 0 o Lj '5 Q' U s Q' c y•c, o a' '• a R' a) cf' .- •5 _ z cn _ U O rn • W pq a; y : PI) N NO 5..r C/] - ..wi an N N N NI O O a) G) rr N N 0wA N N 1. o ao bo ctO o a) C. A O o, 01 'waQcQ a)o a;•_a •U E a) c O4].. -' Y a)0 3 v o o E v' zcnbAa4.. O a p OpvOOOa) yv) O zVOIORSNNS, 'A a) °aea, >l Z ° ti° 0tooo ° ¢ o w ¢ . c tl • bA X) -co ccu N • c 'L ›,•, -0 O O .) E ° N .O O E a) ti -' ' 0 -,-• 0 ...0 ray O to 00 a 5 a) 'C3 Od crelE v 0 •O O Q y N •. O v •" O •'C L1. E a 0_ a " NU '" 2 '6tO2a) m tn o I 0 0 0 ate) o o a o •o 74 w a) E V U Z C.) (: a, > U a. O V N Z 8 3' y • 0, O 0 a C. U ct r k O ' 0 ;c b .° V) 0 . E j a) A ° E ct ICo Q. a) O a) Ca > Qral CU p N 0 r4Nq U C/1 a) N c=C a) O -. cct d . '• -O 'U aa)„ > O C w Q O 0 a)Ti O6J C O C U CO .a) _° a) C. N ,-% 1-. 0O O© ° O. I O O O c M Y O 4' CJ 'gj O O -- i a, U •'-' Z ° ° U " ( C o a) .- 3 U o a) a o 0 •4 ° a.o o cu a A o o Ecztjq0et sue. U • o E c, ;° ° , ° r' 0 a 0 cu '•= O U o C7 0 E •5. a C% cu ¢ • r w CC W N O O v', i M 01 c.a en O en en M M O O O ram+ N N cT C) 0 N O O hANO 0 1 N 0. LT.d rd s tobov .z, 0oyEAc. ., alcsO0Oa. U Fr •i. C it 0O >I1 y0 N 'O a) a, Orolaj0o4- 0 U 0 w 00 4. _A. 0 oytyvi0via) N O U a' 0 'OoA50oai0isz, o 0 a) b 0, o b 0 o a) uo +w o c) o o a,cn U d o a'et o ti >,. as 0 .o co ' 2'0 ,0 a g U c .—'n as y o 0 3 _U •Q uJ p I • icn o f E > .o E o .o a i o 0 c0i o co o 8 ti 0 0 v o U a) - 0 En D u) c° 0 o (° o U -d U a) a U a) 0 CO) . 0 o _ U o a) .b 0 c aoi o s~ o o Y °'" °' 00 3 U o cu a o vs c o o 0 a 0 x o~0 0En a) S 4 e) " 0 aa) 'a x y a a, `" a o ° o o I. ozi ao o pr.)al U t,., a 0 O o 4. a,' ° a U a ' jr, `' o a°i y ' ° 0 0 M y o 0 0 n•d o ' Ti'F" o ? o Uv-, 2 0, a) 0 .., N bA >, o 0 0 o a s; U en 0r0 Q •• v) 1 a. 0 0 ti. E > Cd E0N .v 0 o . O 0vo • ' o 1coNP. aoa, Ao WDddO > dQQoN ' < U 0 -o a7 a) o 0 OO.0 O E O o ff o 6, y , N .0 N b a o 0 0 >, 3 M Qod °X' ' 10 M ti p 0 o o 4 a) U .r v; A p •0 • a c ai •o Y c°' co 0 o 0 $ .0 0 3 r, et :x b a ti U r. oN 0 00 ._, 1•", v0, 0 p) w 0 ,• C a C1.0 •°o ate' 5 o 0 U A >, 3 0ry 0,0 eC O +- VI .c 0 0 4 0 0 0, 0 „ M F, O 0 H N 4a) 0 y ...0 U O a) at s., w 0 4 p 0 I.O ``" id 0 0 O a "Z , a) w N 0 E4 ; > Cr v)oaf o kz ,-N po o 5 . 0;-400 ' aa) PI a., R Y 0 a • c o 5U ° oo 0 a'j 0 4 U o >,.co 0 0 C o 10 o o ' U t c.) o a.) U °s ai 0 5 c0 0 m v ) 06 A Qa C we A cn as. 3baaM A ti 0 p n 0 ' O ..• N Q' O O Na04 A N 0 oO o 0 0 o0 y .-.. oO N Nr1, O p N A . N C\ O 6 N w 4-4Q