Tardif Letter 9012022 LAW OFFICES OF
PAUL R. TARDIF, ESQ., P.C.
490 MAIN STREET
YARMOUTH PORT,MA 02675
(508)362-7799 (508)362-7199 fax
Paul R. Tardif,Esq. Stacey A. Curly,Esq.
}eta rdif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.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 mrclient 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
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 31 st 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. -
1
Very TrLUy�Yh�Zrs,';
4
, r`
f
/ ul k. Tar K
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
C) �!
N T TOWN OF YARMO U i
O
T
; v O
s,.r, � '1 A N BOARD OF APPEALSAN
C n OFFICIAL DECISI NFF IC I A L
•4 ,.b '; r , 0 COPY COPY: »�
N O T N 0 T
A N A N
FILED WITH TOWN t 1 : I pMHy 20,2022 O F F IC I AL
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 sendingnotice thereof to the Petitioner and all those.owners.of
property as requited 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-I 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 yearSeasonal 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:
eMMcX_CMCI TOWN
w/CL/�CLERK
JUN.:,1 :.il..2022
Bk 35209 Pg156 #32424
7. All employees shal4thave7Access to cooking facilitiekl vSliigi shall include at a
minimum a microwaveAsiNk, e.00ktop and refrigerator/Seetler,
OFFICIAL OFFICIAL
8.No more than 15%o ialy Ifotel or motel rooms at Csietgle pIrcei may be used for
employee housing.
NOT NOT
The Property does have 3 gupstrlooms with full kitchens,but thewma'uting 21 guest rooms do
not. However, the witlorer in LhisjcAe provides meolsjfoEeaFh of its Amployees,and a letter to
that effect was submitted 1p tje$ogrd. In addition,the leasjngio>aalizofthe 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 J.1 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
MGL c40A §9)
Sea go ,Chairman A TRUE COPY ATTEST
W114/httaf
eMMC .MC/TOWN CLERK
JUN 1. 1 2022
Bk 35209 Pg157 #32424
NOT NOT
e1 TIFICATION OF TOWN 1 RK
OFFICIAL OFFICIAL
COPY COPY
I, Marty A. Maslowski, T (jerk, Town of Yarmouth,'o heT'eby certify that 20 days have
elapsed since the filing with'in J of the above Board of Appeals Decision#4950 that no notice of
appeal of said dedibilin.East b enlfili d twith me, of), if sl chl aped fia:4been filed it has been
dismissed or denied. Allc pfkatl's liave been exhausted. COPY
WiAiint,L44
Mary A. Maslo ski
Town Clerk JUN i 1 2022
•
A TRUE COPY ATTEST:,.
Tfrizdehtmo,•
i NISAt,t CMG(TOWN:CLERK
JUN 11 2022.
Bk 35209 Pg158 #32424
; ti L� y4.. COlsilkiC TWEALTH OF MAS tAC '[JSETTS
��, AN TOWN OF YARMOU 'IF
v+ itt z IG O F F lc I r DARD OF pE�LIS c I AL
, '` ',I"' COPY COPY
NOT
NOT
Petition#: 4950 AN Dates June 10,2022 A N
O F F IC I AL OFF
C C4rnfiiYate of Grantine of a SGrecRal 'e'mit
(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.
)cuk.,........ ;-...)(9........
Steven S. DeYoung,'Chainnan
A TRUE COPY ATTEST
• I
JOHN F. MEADE, REGISTER T ( � V�.I!I
BARNSTABLE COUNTY REGISTRY OF DEEDS
CEIVED & RECORDED ELECTRONICALLY CMM CM I TOWN�:Lt.'F<
JUN I I 2O2Z'.