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HomeMy WebLinkAboutPaul Tardif 9/1/2022 RECEIVED LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. L! ° 2 2022 BUILDING DEPARTMENT 490 MAIN STREET By: — YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R Tard/ Esq. Stacry A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurleyatardiflaw.com REFER TO FILE NO. September 1, 2022 Bruce G. Murphy Yarmouth Health Director 1146 Route 28 South Yarmouth, MA 02664 Re: Patrick J. Demko and Jennifer G. Stanley Parkers River Motel of Cape Cod 759 Main Street(Route 28), South Yarmouth, MA 02664 Dear Mr. Murphy: Please be advised that this office represents Patrick J. Demko and Jennifer G. Stanley, the owners of the property at 759 Main Street(Route 28), South Yarmouth, MA 02664, and which they operate the Parkers River Motel of Cape Cod(the Property). My clients operate a 24-unit motel at the site, built in approximately 1955, and have so operated pursuant to a motel license issued by your department for several years. In April of 2022, I appeared before the Yarmouth Zoning Board of Appeals seeking a Special Permit to allow my client 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 relief was requested pursuant to Section 404.5.3 of the Yarmouth Zoning Bylaw, which issued the Special Permit for one calendar year. I have attached a copy of that Decision for your review. I have been advised that your department is contemplating revoking the motel license of the Parkers River Motel of Cape Cod, since the property is currently rented to employees and not to transient guests. I also know that inspections of each room were requested by Phil Renaud, which is not a typical process for a motel/hotel in Yarmouth, and that he has suggested that my client request that the motel license be revoked as we are not using it as a motel any longer. Mr. Renaud's stance is incorrect, and I am writing to urge you to re-consider that position as I believe it to be flawed and contrary to the language of the Zoning Bylaw. I hope that you will concur with my position regarding this matter. Yarmouth Zoning Bylaw Section 404.5, entitled"Seasonal Employee Housing at Motels/Hotels"prescribes the Town's policy to address the difficulty of our local motel owners to attract and retain sufficient staff to accommodate our seasonal tourist industry. There are a Page 1 of 3 Letter to Bruce G. Murphy 759 Main Street, So. Yarmouth,MA • • • • • • _ ' y . a,-w yG ;•a Yam` Y r number of conditions, listed below,which must be met to qualify for this relief, which can be granted in the discretion of the Building Commissioner. The Bylaw also allows relief by Special Permit for those motels/hotels cannot meet all of the conditions, an indication of the recognition of dire need for employee housing in the Town of Yarmouth. Not only does the name of the Section indicate the temporary nature of this accommodation in motels/hotels, but subsequent sections reference the intention that motels/hotels continue to so act, despite this temporary use. Section 404.5.1 outlines the purpose of the bylaw. Specifically, it recites that the bylaw is to provide standards to ensure safe and adequate housing for temporary seasonal employees at"motels/hotels." Going further, Section 404.5.3, entitled"Operational Standards for Seasonal Employee Housing at Motel/Hotels", lists the conditions for the accommodations for Seasonal Employee Housing at Motels/Hotels, as follows: 1. Seasonal employee housing shall be for no more than seven months between April 1st and October 31st annually. 2. Seasonal employees shall be housed in motel/hotel rooms only. Seasonal employees may not be housed in camp sites, tents, RVs, mobile homes or campers located on the motel/hotel property. 3. Seasonal employee housing shall meet all the Board of Health and State of Massachusetts regulations regarding building and fire codes, health codes, water supply and wastewater disposal. 4. Maximum occupancy rate of each unit to be determined per the Health Codes. 5. Seasonal Employee housing shall be used solely by employees and shall not include family members of employees, or other non-employees. 6. The employer shall designate an on-site proctor for each property utilized as employee housing. The on-site proctor shall ensure that all seasonal employees are apprised of the rules and code of behavior prior to occupancy. The name and contact information for the on-site proctor shall be submitted to the Yarmouth Police Department. 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. Each room used for employee housing shall be identified on a locus map of the site and submitted to the Building Commissioner, Board of Health and Yarmouth Police Department. 9. All employees must be able to demonstrate that they maintain a principal place of residence elsewhere. 10. The property owner shall keep records of all employees utilizing employee housing, including name, permanent address and length of stay. All documentation to be provided upon request. 11. The permit issued by the Building Commissioner shall be valid for one year only. The Bylaw clearly indicates an intention that the motel/hotel use does not disappear with the issuance of a permit in furtherance of this section. Specifically, Section 404.5.3(2) states as follows: Page 2 of 3 Letter to Bruce G.Murphy 759 Main Street, So. Yarmouth, MA 2. Seasonal employees shall be housed in motel/hotel rooms only. Seasonal employees may not be housed in camp sites,tents, RVs, mobile homes or campers located on the motel/hotel property. (emphasis added) Moreover, Section 404.5.3(8) states as follows: 8. No more than 15% of any hotel or motel rooms at a single parcel may be used for employee housing. Each room used for employee housing shall be identified on a locus map of the site and submitted to the Building Commissioner, Board of Health and Yarmouth Police Department. (emphasis added) Furthermore, this section of the Bylaw cannot rightfully be interpreted to mean that a motel/hotel owner is to be penalized by the forfeiture of their motel license by relying on a section of the Zoning Bylaw which was created to assist such an owner with a pervasive housing crisis facing business owners here in Yarmouth. There is no language in Section 404.5 which even hints at such a draconian measure. The purpose of this letter is not to avoid inspections, as my client is as interested in providing safe and comfortable housing to employees. But please know that the on-site property manager for the tenants, as well as the on-site property manager for the owner, collectively conduct weekly inspections of each room, and no violations have become evident since the Special Permit was exercised. Based on these facts, and the pure language of the Zoning Bylaw, I am urging you to reconsider your position on this matter. I would also request that this letter be sent to Town Counsel for review, and that a written response be provided. Your position will impact not only my clients, but other motel/hotel owners in Yarmouth who are merely seeking to stay open during the summer months to be sure that our tourist industry does not vanish, much like a motel license would disappear, according to your standards. I look forward to hearing from you in this regard. �' Vezy(7 TrL ly ''birs, \\)( , 11)1) ul . Tar I . Enc. Cc: Patrick Demko Jennifer Stanley Mark Grylls Page 3 of 3 Letter to Bruce G. Murphy 759 Main Street, So. Yarmouth,MA Bk 35209 Pg155 #32424 06-24-2022 @ 01 : 33p .', ,i" �, N 0 T TOWN OF YARMOUt11° T °s , ', A N BOARD OF APPEALSA N • .:::'1. `_:0+...p O F F I C I A L ti DECISI(9NF F I C I A L N y+ Lbc�`+" COPY COPY N O T N O T A N A N FILED WITH TO6V/ki Ci,$RJ : I A gy 20,20220 F F I CIAL COPY COPY 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 sending notice 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 Cod 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 To.,:f.i,aw,,,,41,,,44, . CMMC/CMG I T(WN'CLERK JUN; 1 t 2022 Bk 35209 Pg156 #32424 7. All employees shallilhave' ccess to cooking facilitiek,l vghigi shall include at a minimum.a microwavasiNk, cooktop and refrigerator/f ealer. OFFICIAL . OFFICIAL 8.No more than 15% 0t any Motel or motel rooms at£sifigte parcel may he used for employee housing. N 0 T N O T The Property does have 3 gupstltjooms with full kitchens,but tlie wmaining 21 guest rooms do not. However,the w}llolerin hislcAe provides meglssfoFeayhof[ts Amployees, and a letter to that effect was submitted to tje$ogrd. In addition,the leatngootpalLofthe 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 §103.2.5., MGL c40A §9) �.r Sea go ,Chairman A TRUE COPY ATTEST: Md./n(44 tTiAif CMMC ''MC/TOWN CLERK JUN 1' 1 2022 Bk 35209 Pg157 #32424 NOT NOT eaTIFICATION OF TOWNtI.kRIK OFFICIAL OFFICIAL COPY COPY I, Mary A. Maslowski, TAIwf?Clerk, Town of Yarmouth,IoCheFeby certify that 20 days have elapsed since the filing with'sral of the above Board of Appealsr)ecision#4950 that no notice of appeal of said dedlii n Easibeknifil dwith me, of), i sl chl*eTil iastibeen filed it has been dismissed or denied. All'pfealN Wave been exhausted. COPY hrth Mary A. Maslo ski Town Clerk JUN i 1 2022 . ' • i I - i A TRUE COPY ATTEST: F71114rtql/V40-1 e MM(./CM►G I TOWN:CLE K JUN 1 1 2022 1 Bk 35209 Pg158 #32424 COMMONWEALTH OF MASSAC 'USETTS ' ° # A N TOWN OF YARMOU 'RI ix' r: ,.sc\ OFF I C IEfoARDOF '1�EdLIScIAL }ti. ��'.. i,K"� COPY COPY Nk.ai—re , N O T NOT Petition#: 4950 A N Date:June 10,2022 A N OFFICIAL OFFICIAL C Cir&ifiYate of Granting of a S+rrec9al+e'mit (General Laws Chapter.40A, Suction 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. dexuiv,....„ L.,./(9....;„ Steven S.DeYoung, Chairman A TRUE COPY ATTEST JOHN F. MEADE, REGISTER • BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY ChilM ! MC/ (LII N CLERK JUN } 12022 .