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HomeMy WebLinkAboutLetter to Board of Selectman 10262022 ' 0 ILI co Gun 1) • �IL(V • °roma v 0 U E co !V O O U Q to 2 C a 00 • N 0 vl m N c C a+ 0 }O CC l0 4- (13 CO V 0 N y W irt -45 ca too •� C • crN rg es a • • RECEIVED LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. OCT 28 2022 490 MAIN STREET -—---- YARMOUTH PORT,MA 02675 eUILt71NG DE ARTMENT Cry-.---'-------'----- (508)362-7799 (508)362-7199 fax Pau/R Tardif,Esq. tardifatardiflaw.com Stacey A. Curley,.Esq. P www.tardiflaw.com scurley a,tardiflaw.corn REFER TO FILE NO. October 26, 2022 Michael Stone, Chairman Yarmouth Board of Selectmen 1146 Route 28 South Yarmouth, MA 02664 Re: Yarmouth Zoning Bylaw/Yarmouth Business Community Dear Mr. Stone: Please be advised that this office represents numerous business entities and operations in the Town of Yarmouth, in addition to representing my clients routinely before the Yarmouth Zoning Board of Appeals, and have done so for the last 24 years. I am writing to you regarding two issues—one specific, and flowing from that, one more general concern. I currently represent the owners of a local motel who have so operated for several years pursuant to a motel license issued by the Board of Health. 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, all pursuant to Zoning Bylaw Section 404.5.3. At that meeting, the Zoning Board of Appeals unanimously issued a Special Permit for one calendar year. I have attached a copy of that Decision for your review. On September 1, 2022, I wrote to the Yarmouth Board of Health, who was contemplating revoking my client's motel license, since, in its mind, the property was rented to employees and not to transient guests, and therefore, no longer a motel. I also know that inspections of each room were requested by Health Inspector Phil Renaud, which is in addition to the motel room inspection conducted yearly. In addition, Bruce Murphy, the Health Director, has suggested that my client's motel license be revoked for the reason that their action in seeking the Special Permit somehow expressed their intention to no longer use the property as a motel, and more troubling, that the intention of Section 404.5.3 is to effectively void motel licenses once employees are permitted to temporarily stay in those units. To this date, I have never received a response to my letter from the Board of Health. It is my belief that the Health Division's stance on this situation is incorrect, and I am writing to (1)advise you of this standoff, and (2) the potential backlash this situation could have on the Town of Yarmouth's self-perceived reputation as a business-friendly Page 1 of 4 Letter to Yarmouth Board of Selectmen October 25,2022 town. I hope that you will concur with my position regarding this matter and take the appropriate action to repair this growing division. 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 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 the 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. Page 2 of 4 Letter to Yarmouth Board of Selectmen October 25,2022 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: 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 potential forfeiture of their motel license by relying on a section of the Zoning Bylaw which was created to assist such a business 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 as the Health Division. 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. We think that the veiled threat to revoke motel licenses from tax-paying business owners who do not succumb to duplicitous inspection fees for units which continue to be motel/hotel units is not the tone that Yarmouth wants to project, especially when facing a housing, and thus an employee, emergency. This same issue has now been positioned as some kind of impasse between your Zoning, Health and Building Departments. I am representing another applicant before the Zoning Board of Appeals on November 10, 2022, seeking the same relief recited in the attached Decision. In this case, the Board of Health has now, for the first time, taken the step of forwarding the attached Memorandum to the Zoning Board of Appeals, in the hope that they will add their conditions to any relief granted, including mandatory inspections, registrations, and approval of floor plans to determine occupancy, all at additional cost to the owner. This is troubling for a number of reasons. First, motels in the Town of Yarmouth are already inspected annually by the Board of Health and the Building Department. There are no changes to the motel rooms to be used for seasonal occupancy, another example of the intention of the Bylaw that the units remain motel units. Second, seeking secondary payment of unnecessary fees based on the re-defining of a "motel room" into a"rental unit"is burdensome and excessive. Third, such a position is unconscionable to local businesses who are attempting to address a housing emergency which Page 3 of 4 Letter to Yarmouth Board of Selectmen October 25,2022 will not only allow local residents to live where they work, but which will allow businesses to merely stay in business, much less thrive. I am not certain what, if any, action your Board can take to ameliorate the imposition which this places on local businesses. Perhaps your Board can vote to waive all inspection fees associated with zoning relief issued pursuant to this Section of the Bylaw. However, I can tell you, based on my 24 years of representing businesses, and potential businesses, in the Town of Yarmouth, that this continued burden has resulted in a growing dissatisfaction with the manner in which businesses are treated. I believe that it is tine for the Board of Selectmen to make it abundantly clear to the Town Departments that the local businesses are not only necessary, but appreciated for the work that they do, the people they employ, the taxes they pay, and in this case,the de facto housing service they are providing for the entire Town of Yarmouth. The repeated chorus that Yarmouth is "business friendly", without concrete examples of what warrants that characterization, does not make it so. Please know that the precipitating factor for this letter, recited in detail above, is merely one example of the roadblocked path that I see facing my clients who would like to conduct business in town. However, the overwhelming majority of them have expressed their displeasure, some of whom decide to take their business elsewhere. I had asked the Board of Health to forward this issue to Town Counsel for review, and that a written response be provided, but have never received an answer. I am renewing that request to your Board. I appreciate your anticipated attention to this matter. If you determine that my outlook is flawed in this regard, I will understand. However, I believe that my erience is well-supported. I look forward to hearing from you in this regard. V T 1 our , ' u R. T i Enc. Cc: Robert Whritenour, Town Administrator Mark Grylls, Building Commissioner Bruce G. Murphy, Health Director Karen M. Greene, Director of Community Development Steven DeYoung, Zoning Board of Appeals Page 4 of 4 Letter to Yarmouth Board of Selectmen October 25, 2022 Bk 35209 Pg155 #32424 06-24-2022 @ 01: 33p ri• � $ vt N O T TOWN OF.YARMOU''I1O T a4 C, A N BOARD OF APPEALSA N OFFICIAL DECISIi9NF F I C I A L ,rit COPY COPY N. O T N O T A N 0 A N FILED WITH TOWN�$>�: I AMBY 20,2022 p F F I C I A L 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 .h.746),44 . CMAMC/CMC/.TOWN CLERK JUN f t 2022 Bk 35209 Pg156 #32424 7. All employees shal]Nh®veeaccess to cooking facilities N Air t shall include at a minimum a microwaveAsAilc, c.00ktop and refrigerator ifketler. OFFICIAL OFFICIAL 8. No more than 15%of any hotel or motel rooms at Csiagl@gircel may be used for employee housing. N O T N O. T The Property does have 3 guAstlgooms with full kitchens,but lie l maining 21 guest rooms do not. However, the.etriglo er.in uh.islcaqe provides m 1 >3 � s�fo�ea�hpf its iginployees,and a letter to that effect was submitted bi tje 1Bogrd. In addition, the leatingtofpalkof the rooms runs afoul of the 15%rule recited in the bylaw: However, the current housing crisis for temporary employees orr 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) Sea go , Chairman A TRUE COPY ATTEST eMMC :;MC!TOWN CLERK JUN 1 1 2022 Bk 35209 Pg157 #32424 NOT NOT MITIFICATION OF TOWN tLLRK OFFICIAL OFFICIAL COPY COPY I, Mary A. Maslowski, T lwf?Clerk, Town of Yarmiouth,_1 loChe 'eby certify. that 20 days have elapsed since the filing withkmel of the above Board of Appeals decision#4950 that no notice of appeal of said dec ien.EasIbienifil$drwith me, of), . 'sl dhi a ie 1 ha1been filed it has been dismissed or denied. Allc ppaTfs ffave been exhausted. COPY Mary A. Maslo vski Town Clerk JUN 1 1 2022 • A TRUE COPY ATTEST: tif4t44-a).(1 N146)(44 CMM( i CMC I TCWN CLERK JUN 11 2022 Bk 35209 Pg158 #32424 ifr '� t ' . CON ONWEALTH OF MAS�IA2I USETTS I ` A N TOWN OF YARMO.UT"I-11 1; �1 , ' \r" O F F I C I EfoARD OF I CIAL �'"` ,� COPY COPY N 0 T N 0 T Petition# 4950 A N Date:June 10,2022 A N OFFICIAL OFFICIAL C CCirgifiYate of Granting of a Sgedal emit (General Laws Chapter 40A, Section l l) 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 laud or buildings at: 759 Route 28, South Yarmouth,MA Map 33; Parcel 35C I 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. Steven S. DeYoung,Chairman A TRUE COPY ATIEST JOHN F. MEADE, REGISTER F1414.10441ifBARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY C:11f1.y1 /CMC I fC;VA CLEF;K JUN t 1 2022.' TOWN OF YARMOUTH A 1146 ROUTE.28,SOUTH YARMOUTH, iMASSACHUSETTS 02661- 451 • Telephone(508)398-2231 ext. 1240. Fax (508) 76(1-3472 BOARD OF HEALTH — R ET MEMORANDUM OCT 0(3 2022 TO: Board of Appeals APM( iJl FI FROM: Kevin W. Hook, Housing Inspector SUBJECT: Proposed Motel to Rental change at 33-37 Seaside Village Road, South Yarmouth, MA 02664 Appeal Number 4979 DATE: October 6, 2022 Background The present and past use of this property has been a motel. Proposal Shoreside Properties has submitted an application to change the use of all the 46 Motel Units, at 33-37 Seaside Village Road from a Motel to individual housing rentals. Regulatory Regulations Yarmouth BYLAW requires all housing rentals to be registered annually. This also requires the rental to be inspected as part of this process to ensure they meet 105 CMR 410.000 MINIMUIM STAMDARDS OF FITNESS FOR HUMAN HABITATION (STATE SANITARY CODE, CHAPTER II). Board of Health uses the property septic plan and measures square footage of Bedrooms to issue the number of occupant(s)(each room) for all rentals, based on the State Sanitary Code. The Town of Yarmouth Rental Registration (CHAPTER 108-OCCUPANCY OF BUILDINGS BYLAW) has been in place since 8-24-1978. This year the Town of Yarmouth has adapted Zoning Amendments for Short-Term Rentals. Board of Health Involvement Board of Health Housing Inspector(s) ensure compliance of ALL housing rental units, by ensuring all are registered and inspected, as required by town BYLAW 108. Additional Information Re uested 1.) No floor plans were submitted with the application. Floor plan must show size & square footage of each unit. 2.) What is the planned occupancy for each unit. Provide a list of each unit showing Sq. ft & proposed occupancy. 3.) What is proposed rental period? 4.) Can they also rent Motel Room's during the rental.period? 5.) Will there be plans for an onsite manager in the manager unit? 6.) Who will be on the property to provide pool maintenance and monitoring? Health Department Recommendations The Health Department recommends the following items. 1) Annual registration is required of ALL rentals. 2) Annual register of ALL Motel units. 3) Provide floor plans prior to Board of Appeals decision to allow Board of Health to review occupancy numbers per unit and verify when inspections are conducted. 4) Following review and approval floor plans, owner to register 46 Units and set up an Inspection of each of the rooms. 5.) The Health Department request the Board of Appeals to review the application and decision after 1 year.