Loading...
HomeMy WebLinkAbout5045 33-37 Seaside Village Rd Application AttachmentsATTACHMENTS TO ZBA APPEAL APPLICATION 1. Quitclaim deed By The Beach, LLC to Shoreside Properties LLC for land at 33-37 Seaside Village Road, South Yarmouth, MA 02664 dated April 15, 2022. (Attachment A) 2. Memo to Zoning Board of Appeals members from Donna Zalauskas, 7 Southwest Drive, South Yarmouth, MA 02664 dated May 29, 2023. (Attachment B) 3. Letter to Zoning Board of Appeals members from Village Green Neighborhood dated June 9, 2023 and signed by neighbors that attended the meeting with Patrick Malone and Joe Marrama at Village Green Motel on May 30, 2023. (Attachment C) 4. Decision letter to Donna Zalauskas from Mark Grylls, Building Commissioner, Town of Yarmouth dated June 5, 2023. (Attachment D) 5. Chronology of conversations and events beginning November 10, 2022 through the date of the filing of this appeal application regarding the Village Green Motel. (Attachment E) 6. Village Green Motel permits from Building Department, Board of Health and Fire Department (Attachment F) 7. Recent pictures of Village Green Motel (Attachment G) S. Memo to Planning Board from Kathy Williams dated June 16, 2023 regarding Seasonal Employee Housing (Attachment H) ATTACHMENT A Doc:1,456,990 04-15-2022 2:16 Ctf#:229690 N O T N O T A N A N O F F I C I A L O F F I C I A L C O P Y C O P Y NA NT QUITCLAIM DEEBONT O F F I C I A L O F F I C I A L BY THE BEACH, LL&, aWaassachusetts limited liability comps y, with its principal office at 37 Seaside Village Road, South Yarmouth, Massachusetts 02664 10 for consideration of Three Million Nine Hundred Thousand and 00/100 ($3,900,000.00) Dollars o paid, grant to d SHORESIDE PROPERTIES LLC, a Massachusetts limited liability company with its principal office at 33-37 Seaside Village Road, South Yarmouth, Massachusetts 02664 0 with Quitclaim Covenants, c the land, together with the buildings thereon, situated in Yarmouth (South Yarmouth), Barnstable Cn County, Massachusetts, more particularly bounded and described as follows: -d' Being shown as Lot 4 on Land Court Plan No. 18413-C. v bD The premises are conveyed together with an easement of way for all purposes for which > ways are commonly used in the Town of Yarmouth over the 40 foot Way shown on said plan, °v subject to the rights of all persons lawfully entitled thereto in and over the same. y CSI The premises are conveyed subject to and with the benefit of the easements and rights set M forth ;in Dnenment No 44.256_ filed with the Barnstable County Resistry District of the Land Court. The grantor is not classified for the current tax year as a corporation for federal income tax purposes. o" Meaning and intending to convey and hereby conveying the same premises conveyed to A" me by deed dated December 16, 2021 and filed with the Barnstable District as Document No. 1,447,676 noted on Certificate of Title No. 228601. SIGNATURE LINE ON FOLLOWING PAGE MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX BARNSTABLE LAND COURT REGISTRY BARNSTABLE LAND COURT REGISTRY Date: 04-15-2022 � 02:16pm Date: 04-15-2022 0 02:16pm Ctl#: 735 Ct1##: 735 Fee: $13,338.00 Cons: $3,900,000.00 Fee: $11,934.00 Cons: $3,900,000.00 Doc:1,456,990 04-15-2022 2:16 Page 2 of 2 N O T N O T ' y �•- Executed as a sealo igstrument under the pains andgggalties ofpedury this day of April, 20a2.F F I C I A L O F F I C I A L COPY By the Beach, NOT O A N O F F I C I A L By'u C O P Y C O P Y COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this j " day of April, 2022, before me, the undersigned notary public, personally appeared Fulya Tanyu, as Manager of By the Beach, LLC, personally known to me to be the person whose names IS signed on the preceding or attached document, and swore or affirmed to me that the contents of this document are truthful and accurate to the best of HER knowledge and belief and acknowledged to me that she signed it voluntarily for its stated purpose and as the free act and deed of By the Beach, LLC JOHN.F. NEADE, ASSISTANT RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED & RECORDED ELECTRONICALLY ATTACHMENT B From-, Donna Zalauskas 7alausdd@gmaii.corn Subject Village Green Motel --100% seasonal employee housing violations Gate: May 29, 2023 at 5:15:33 PM To: dfallon@yarmouth.ma.us Vic: rwhritenour@yarmouth.ma.us, Gail & Felix LiDonni ,7iidonni,(�)legacypropertiesre.corn!, Ellen Pace (Cape Cod Neighbor) jep5759@icioud.com, Nancy Barbieri Nancybarbieri@corncast.net, dick@capecodera.com, mgrylis@yarmouth.ma.us To: Zoning Board of Appeals Members (Dolores Fallon please forward email to all ZBA members) Our neighborhood adjacent to the Village Green Motel has been communicating with with Dick Martin recently regarding the Village Green Motel and the motels current illegal housing of seasonal employee workers. We've recently been informed that John Hynes is selling the motel to Patrick Malone (VGS, LLC with an address of 512 Main Street, West Yarmouth), and he will use all rooms to house seasonal employees from the Red Jacket Resort and the Inflatable Park. Joe Marrama, owner of the Inflatable Park called us on Thursday and informed us he plans to purchase the hotel from Malone (a high school friend of his) next year. In the meantime, he claims he needs to use the entire motel for seasonal employee housing this year for employees from the Inflatable Park and the Red Jacket. Even though, in early April he received approval from the ZBA to use 72 rooms (49% of rooms) at the Town n Country for seasonal employee housing. Seasonal employees started arriving last week at the Village Green Motel. To say the neighborhood is shocked and dismayed is an understatement after last year's ZBA meeting on November 10, 2022, where Jack Hynes/Shoreside Properties withdrew his petition without prejudice as the entire board was against approving his petition to allow 100% seasonal employee housing at Village Green Motel. We've been told by Patrick Malone and Joe Marrama that the town is allowing them to use the Village Green for 100% seasonal employee housing because of a "loophole" in the zoning bylaws. The perceived "loophole" apparently is in the definition of "transient" on page 168 of the zoning bylaws and Mark Grylls apparently supports this perceived loophole. We've called and sent emails to the Building Commissioner and Town Administrator and have not received any response. Therefore, we are reaching out to the ZBA members to help us rectify the blatant misinterpretation of the zoning bylaws on Seasonal Employee Housing at Motels/Hotels. Here is our issue with John Hynes, Patrick Malone, Joe Marrama and Mark Grylls' perceived "loophole" to allow the use of 100% of the rooms at Village Green for seasonal employee housing. First, in the zoning bylaw definition of "Transient" the opening sentence "For purposes of the limitations of motel or hotel use, Transient occupancy shall be limited to the temporary and short term occupancy, ordinarily and customarily associated with motel and hotel use." Housing seasonal employees in motels and hotels IS NOT "ordinarily and customarily associated with motel and hotel use". Second, it is very obvious that the town wanted to differentiate between using hotels/motels for "transient" use and "seasonal employee housing" use by including a definition of Seasonal Employee Housing at Motels/ Hotels in the zoning bylaws and ending the definition with "All Seasonal Employee Housing at Motels/Hotels shah be conducted in accordance with the definitions, requirements and provisions of Section 404.5 — Seasonal Employee Housing at Motels/Hotels." Please help us put an end to the blatant misinterpretation of the town's zoning bylaws. We're appalled that the Town Administrator and Building Commissioner would allow the zoning bylaws to be manipulated by Jack Hynes (again), Patrick Malone and Joe Marrama. Our neighborhood appreciates everything Dick Martin and the other ZBA members have tried to do so far to stop the insanity of this whole issue at the Village Green Motel. It is totally insane that the neighborhood would have to spend money to hire an attorney when the zoning bylaws and definitions are very clear about the use of motel/hotels for seasonal employee housing. Respectfully, Donna Zalauskas On behalf of the Neighborhood Association 7 Southwest Drive 508-735-5204 Sent from my Pad ATTACHMENT C June 9, 2023 Zoning Board of Appeals Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Village Green Motel To the Zoning Board of Appeals: On Tuesday, May 30, 2023, the neighbors surrounding the Village Green Motel (`VG') located at 33 Seaside Village Road were invited to attend a meeting in the motel's courtyard at 5:00 p.m. The invitation was extended to us via Gail LiDonni, a fellow neighbor, who had been contacted by potential buyers of the motel, Patrick J. Malone (`Malone') and Joseph Marrama (`Marrama'). The current VG owner, John J. Hynes, Jr. (`Hynes') did not attend the meeting. About 25 to 30 neighbors attended this meeting. What follows is the information Malone and Marrama shared regarding their plans and the future of the motel. 1. Malone is a retired Judge and former attorney, and indicated that he plans to purchase the VG from Hynes 2. Marrama is the owner of the Cape Cod Inflatable Park (`Inflatable Park') in West Yarmouth. He indicated that Malone and he are high school friends. 3. Malone is negotiating to purchase the VG from Hynes but a final deal had not been reached. Malone and Marrama wanted to lease the VG from Hynes for one year but Hynes would not agree to a lease. 4. Malone and Marrama said they planned to use 100% of the rooms at the VG for seasonal employee housing for the spring/summer months through October 31, 2023. Marrama said there were about 12 Jl seasonal employees already residing at the VG, and more J I s would arrive shortly. When asked how many seasonal employees would reside at the VG this season, they answered approximately 88 JI seasonal employees who would be employed exclusively by the Red Jacket Resorts. When asked why Malone and Marrama needed to house Red Jacket's seasonal employees, Marrama said "I gave my word that we'd house their seasonal employees this season." 5. When a neighbor asked if they had all the town permits required before opening the motel, Malone stated that he had already filed the applications with the Building and Health Departments, but just that day had found out there was a `glitch' in the new online computer system and that additional information and a fee was required. 6. Malone and Marrama said they wanted the neighborhood's support to use 100% of the rooms for Jl seasonal employee housing this season. Marrama explained that the VG would be managed much differently than Hynes and the Red Jacket managed their seasonal employees housed last year at VG. He also said we would regret not supporting them, as it would be much worse for the neighborhood if Hynes continued to own and operate the property as a motel and that there would be `tents everywhere.' To the Zoning Board of Appeals June 9, 2023, Page 2 Continued 7. Marrama then introduced his security manager, Jeff, who would reside at the motel, another security person, and an on -site manager, who were all employees of the inflatable Park. He also said an older gentleman would do yard work and had worked for him for years. Marrama encouraged the neighbors to visit the Inflatable Park, to see how well it was managed and he said he would provide us with free passes to the park. No one responded to his offer. 8. Marrama said he plans to purchase the motel from Malone next year, conduct extensive renovations, and use it as a motel for Inflatable Park guests for ten weeks during the summer season. He also indicated that he was contemplating using it as a `wedding venue' prior to and after the summer season. 9. Later on in the meeting, Malone and Marrama also indicated that after October 31, 2023, they possibly might either renovate the motel and use it for seasonal tourists or get approval from the town to turn the VG into condominiums. 10. Many neighbors had questions as to why the town would allow Malone and Marrama to use the VG for 100% seasonal employee housing again this year after last year's Zoning Board of Appeals hearing in November. Malone's reply was "there's a loophole in the zoning bylaws, and we were able to get a permit from the town." 11. When the neighbors all agreed they didn't want to deal with the VG using 100% of their rooms for seasonal employee housing again this year, Malone offered a possible resolution. He asked if we would support 100% seasonal employee housing at VG this season, if "they included a deed restriction on the deed that would prevent the VG from being used for 100% seasonal employee housing after October 31, 2023, and thereafter the deed restriction would pass with the land." The neighbors all said that might be something they would consider, but wanted our lawyer to review the wording before agreeing to it. He agreed to send the deed restriction wording to Gail LiDonni in a few days to share with the neighbors. [As a matter of information and not something that was part of the VG meeting, the next day, we were told Malone contacted Gail LiDonni, Ellen Pace and Donna Zalauskas, our fellow neighbors, and said that the deed restriction was off the table because the mortgage company wouldn't allow it.] Like last year, the neighborhood remains vehemently against the VG being used for 100% seasonal employee housing, under any set of circumstances. We are especially disappointed with the Building Commissioner's decision to allow Hynes, Malone, and Marrama to use 100% of the rooms for seasonal employee housing under the "transient" definition in the town's zoning bylaws, rather than require that they follow zoning bylaw 404.5 enacted by the town to govern seasonal employee housing. This avoids the proper process of filing a petition for special permit/variance with the town's Zoning Board of Appeals and allowing an open hearing on the issue. Respectfully, Village Green Neighborhood Association I, the undersigned, certify that the statements made in the attached letter dated June 9, 2023, addressed to the Yarmouth Zoning Board of Appeals concerning the neighborhood meeting with Patrick I Malone and Joseph Marrama at the Village Green Motel on Tuesday, May 30, 2023 at 5:00 p.m. are true and accurate, to the best of my recollection. Printed Name le--- la�. fi? �tr(��6r j so S. Sir' Dz2 / G 3 ect.=,q'Al'4 /G aCt'j'v Xv� to so(Aw-r-c4- -b4z, Name Signature To the Zoning Board of Appeal June 8, 2023, Page 2 Continued yard work and had worked for him for years. Marrama encouraged the neighbors to visit the Inflatable Park, to see how well it was managed and he said he would provide us with free passes to the park. No one responded to his offer. 8. Marrama said he plans to purchase the motel from Malone next year and use it for Inflatable Park guests. Later on in the meeting, Malone and Marrama also indicated that after October 31, 2023, they possibly might either renovate the motel and use it for seasonal tourists or get approval from the town to turn the VG into condominiums, however our neighborhood felt those were just empty promises that we've already heard. 9. Many neighbors had questions as to why the town would allow Malone and Marrama to use the VG for 100% seasonal employee housing again this year after last year's Zoning Board of Appeal hearing in November, and Malone's reply was "there's a loophole in the bylaws, and we were able to get a permit from the town." 10. When the neighbors all agreed they didn't want to deal with the VG using 100% of their rooms for seasonal employee housing again this year, Malone offered a possible resolution. He asked if we would support 100% seasonal employee housing at VG this season, if "they included a deed restriction on the deed that would prevent the VG from being used for 100% seasonal employee housing after October 31, 2023, and thereafter the deed restriction would pass with the land." The neighbors all said that might be something they would consider, but wanted our lawyer to review the wording before agreeing to it. He agreed to send the deed restriction wording to Gail LiDonni in a few days to share with the neighbors. As a matter of information and not something that was part of the VG meeting, the next day, we were told Malone contacted Gail LiDonni, Ellen Pace and Donna Zalauskas, our fellow neighbors, and said that the deed restriction was off the table because the mortgage company wouldn't allow it. Like last year, the neighborhood remains vehemently against the VG being used for 100% seasonal employee housing. We are especially disappointed with the Building Commission's decision to grant the VG a motel/hotel use permit allowing them to use 100% of the rooms for seasonal employee housing under the "transient" definition in the town's zoning bylaws, rather than require that they follow bylaw 404.5 enacted by the town to govern seasonal employee housing, thus avoiding the proper process of filing a petition for special pennitivariance before the town's Zoning Board of Appeals. Respectfully, Village Green Neighborhood Association dotlZaop verfed II 3 9A0 AM EDT TMBS-BRNEJRFK-ZSP6 aline Hallal !;R dotloop verified 0621f239:51 AM EDT J6L6-xOXQ-OUf(MAW% Tana McGowan 5 th ATTACHMENT D TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner June 5, 2023 Ms. Donna Zalauskas 7 South West Dr. South Yarmouth, MA 02664 RE: Village Green Motel Dear Ms. Zalauskas, Section 404.5 of the Zoning Bylaw allows for Temporary Seasonal Employee Housing up to 15% as approved by the Building Commissioner. This allows the employees to stay in the same room for no more than 7 months between April 1 st and October 31 st. The definition of Transient in the zoning bylaw: TRANSIENT, at Motels or Hotels— For purposes of the limitations of motel or hotel use, Transient occupancy shall be limited to the temporary and short term occupancy, ordinarily and customarily associated with motel and hotel use. Transient occupants must have, and be able to demonstrate that they maintain, a principal place of residence elsewhere. Transient occupancy shall generally refer to continuous occupancy of not more than thirty (30) days, and an aggregate of not more than ninety (90) days within any six (6) month period. Use of a guest unit as a residence, or dwelling unit, shall not be considered transient. This definition does not apply to On -Site Property Managers at Motels/Hotels. Motel or Hotel are defined as: MOTEL OR HOTEL — Any building, other than a guesthouse, containing six (6) or more guest rooms intended to be occupied on a transient basis, may contain, in the guest rooms, microwave ovens of 800 watts or less, coffee -makers, refrigerators and sinks. For those guest rooms of 375 square feet of area or more, a two -burner electric cook -top may be allowed. For those guest units of 375 square feet of area or more with in -room fire suppression systems (sprinklers), a traditional toaster may be allowed. In no case shall an oven, other than a microwave oven described herein, be permitted in motels or hotels, except as outlined in Section 404, the Motel Bylaw. In making the determination as to whether or not a violation exists I am limited to using the definitions in the bylaw. The definitions do not elaborate regarding the transient occupants or dictate limitations as to who the occupants may be. The definitions do not have specific criteria to qualify a motel. This office will not be taking action per your request. You have the right to appeal this decision within 30 days of the date of this letter and or seek relief with the Zoning Board of Appeals in accordance with MGL 40a §8, and § 15. ry 4Gryllsw Mark Building Commissioner C; file Town Counsel ZBA F) ATTACHMENT E TIMELINE OF 2023 SEASONAL EMPLOYEE HOUSING AT VILLAGE GREEN MOTEL Nov. 10, 2022: Shoreside Properties LLC submits Petition 4979 for 100% seasonal employee housing at Village Green Motel. Following a hearing before the ZBA, petitioner withdraws petition without prejudice Feb 23, 2023: ZBA approves Parker's River Resort's Petition 5004 for special permit to allow seasonal employees in 100% of resort's rooms, with condition of a one-year review March 9, 2023: ZBA approves Sandbar Management, Inc. (Town'N Country) petition 5008 for a special permit to use two buildings of the motel's buildings (72 rooms or 49%) as seasonal employee housing Late April/Early MaV 2023: White vinyl fence installed around outer perimeters of the Village Green Motel May 8, 2023: "Permit Application Sign Off Transmittal Sheet" filed with Board of Health listing applicant as "Patrick Malone" for Village Green Motel, listing proposed improvements as "use and occupancy new owner Village Green Motel," showing owner's name as "Shoreside Properties LLC. Application reviewed by Philip Renaud on 5/16/2023 indicating "must apply for motel application, Health Dept must inspect prior to opening" May 15, 2023, at 10:32 am (Conversations with Gail LiDonni of 59 Parkwood Road): • Inspectors from the Building Department, Water Department, and Electrical Deptartment were at the Village Green Motel • The inspector with the building department stated that Joe Marrama, the owner of the Cape Cod Inflatable Park, had purchased the motel • The inspector stated that Mr. Marrama intended to operate the motel "the same way Jack Hynes did last summer," as 100% seasonal employee housing • The inspector suggested that Mark Grylls be contacted as he had the information regarding the situation and provided Mr. Gryll's email address as well as his phone extension at Town Hall Mid to late May 2023: • Red Jacket vans and various other vehicles dropping off young people with luggage to the motel • Several calls were made, and emails sent by neighbors to the building department, board of health, and the town administrator's office to find out what was happening at the motel • A couple of the calls were returned (not by the building commissioner's office nor the town administrator's office) and relayed that no permits had been pulled at that time and that no one knew what was going on May 16, 2023: Yarmouth Fire Department issues "new business transmittal inspection" report for Village Green Motel, owner listed as Jack Hynes May 18, 2023: Yarmouth Building Department issues permit for "use and occupancy for Village Green Motel 978-835- 6907" issued to Pat Malone, 33-37 Seaside Village Road, Yarmouth, MA. Property owner listed as "By the Beach LLC." (By the Beach LLC sold the Village Green to John Hynes, Jr. in April of 2022) May 19, 2023: Board of Health issues "Certificate of Completion/Occupancy" for Village Green Motel. Owner listed as Shoreside Properties LLC, applicant listed as Pat Malone May 22, 2023 (Telephone Conversation between Lisa Ali of 19 Seaside Village Road and the General Manager of the Yarmouth Red Jacket Resort properties, Holly Handrahan): When asked if the Red Jacket was housing their seasonal employees at the Village Green Motel, Ms. Handrahan stated that "we're not touching VG with a 10' pole afterwhat happened last year." However, the owner of the Cape Cod Inflatable Park was, in fact, placing Red Jacket seasonal workers in the Village Green Motel May 23, 2023: Red Jacket van and red truck bringing mattresses to the Village Green Motel May 23, 2023 (In -person conversation between Patrick Malone and Gail LiDonni of 59 Parkwood Road): Statements made by Mr. Malone during this conversation included - • He introduced himself as the new owner of the motel • He formed VGS, LLC to purchase the Village Green Motel. (According to the MA Secretary of State, the corporate address of VGS, LLC is 512 Main Street, West Yarmouth, MA, and resident agent is listed as Patrick J Malone at the same address. Note that this is also the address of the Cape Cod Inflatable Park) • He planned to run the motel as 100% seasonal employee housing and, in fact, had already started moving J1 workers from the Red Jacket motel into rooms • He was able to run the motel as 100% seasonal employee housing because of a "loophole" in the bylaw, and that he could "get around" the 15% by using the transient definition • He listed the way that certain things would be handled, including: o There will be no overnight guests (presumably outside of the seasonal employees) o No kitchen o No common area 0 24-hour security and maintenance on property o No dumpster, only trash barrels outside that will be picked up every night between 6:OOpm and 8:00pm The seasonal employee housing would not be run as it was under Hynes's ownership and, "This isn't going to be what the Red Jacket did last year." He did not know Jack Hynes very well and had attempted to negotiate a one-year lease but that Mr. Hynes was not in agreement 2 • He had a relationship with Joe Marrama and that he "does stuff for him" at the Cape Cod Inflatable Park • He was to have closed on the Village Green Motel 2 weeks prior but that he and Mr. Hynes were not in agreement regarding the terms of sale • He did not believe Mr. Hynes would back out of the sale and that he (Malone) had already put money into the motel • He believes the reason Mr. Hynes wants to sell the motel is because of the neighborhood's opposition to the motel being run 100% seasonal employee housing during the 2022 summer season • He stated that Mr. Hynes would not be involved as a silent partner or otherwise in the motel once it was purchased by Mr. Malone and that he (Mr. Malone) was working toward getting the sale completed • He indicated a desire to have a meeting with the neighborhood residents May 23, 2023 (Telephone conversation initiated by Patrick Malone with Gail LiDonni of 59 Parkwood Road): • Mr. Malone inquired if there would be any pushback from the neighborhood regarding the 100% seasonal housing at the Village Green Motel • Upon being told that there would be opposition, Mr. Malone asked to be given a chance to prove himself a "good neighbor" • Ms. LiDonni informed Mr. Malone of last year's decision by the ZBA regarding 100% seasonal employee housing at the Village Green Motel and Mr. Malone responded by stating that he is an attorney by trade, and believed that his use of the Transient definition would prevail in allowing him to operate the property as 100% seasonal employee housing May 24, 2023: Seasonal employees begin moving into the Village Green Motel via a Red Jacket van May 24, 2023: In -person conversation between Donna Zalauskas of 7 Southwest Drive and Gail LiDonni of 59 Parkwood Road with Jeff Kelly who stated that he was the security manager of the Cape Cod Inflatable Park and now the Village Green Motel May 25, 2023 (Telephone conversation initiated by Joe Marrama with Gail LiDonni of 59 Parkwood Road, Donna Zalauskas of 7 Southwest Drive, and J. Ellen Pace of 19 Seaside Village Road): Statements by Mr. Marrama during this conversation included - • Identified himself as the owner of the Cape Cod Inflatable Park • He and Patrick Malone were high school friends, and that Patrick Malone would be purchasing the motel from John Hynes. The plan was that next year Marrama would purchase the Village Green Motel from Patrick Malone • He planned to move Red Jacket Resort J1 seasonal employees into the Village Green Motel because he made a promise to the owners of the Red Jacket Resort that he would provide for ALL of their seasonal employee housing needs for the 2023 season There is a 'loophole' in the zoning bylaws that allows them to use 100% of the property for seasonal employees He needed our approval to house seasonal employees in the Village Green Motel this summer and that he was not interested in moving forward if the neighborhood was in opposition • Ms. LiDonni and Ms. Zalauskas indicated the neighborhood is in opposition and would be filing an appeal with the ZBA of the Building Commissioner's decision to allow 100% seasonal housing at the property under the transient definition • If the neighborhood agreed to allow him to house seasonal employees in the Village Green Motel this summer, in the spring of 2024, he would begin a significant renovation to the motel, but that he had to have our support and did not want us to go before the ZBA • It was his intention that the renovated motel would be associated with his Cape Cod Inflatable Park and be open to guests from June through September • During the months preceeding and following the summer season, it was his plan to run the motel as a wedding venue • He would run the seasonal employee housing at the motel in a much different fashion than Jack Hynes and the Red Jacket did the season before • If Jack Hynes were to run it as a motel this season there would be tents set up everywhere and it would be much worse than what he would do with seasonal employees and the neighborhood would deeply regret it • Suggested a meeting with the neighborhood to take place on May 30th, stating that he did not want trouble and wanted to work with the neighbors. He indicted he'd get Mark Grylls, the building commissioner to also attend the meeting and we declined Grylls' attendance. He wanted the meeting to take place at Cape Cod Inflatable Park to show how well it is managed. The venue was changed to the Village Green Motel so that other residents of the surrounding neighborhood could attend. May 30, 2023 @ 2:30pm (Meeting at town hall with Yarmouth Building Commissioner, Mark, Grylls, concerning his decision to allow the Village Green Motel to use 100% of motel's rooms for seasonal employees. Present were Gail LiDonni of 59 Parkwood Road Donna Zalauskas of 7 Southwest Drive J. Ellen Pace of 19 Seaside Village Road and Nancy Barbieri of 10 Southwest Drivel: Statements made by Mr. Grylls during this meeting included -- • "[H]e just makes decisions based on the zoning bylaws" • He is an interpreter, not an enforcer, of the bylaws • He was unaware that J1 seasonal employees were already residing in the Village Green Motel • He had not been by the Village Green Motel • The Village Green did not have a permit to operate as a motel at that point • He was currently working on his decision letter regarding the property • He asked Ms. LiDonni, Ms. Zalauskas, Ms. Pace, and Ms. Barbieri to make an appointment or call him to let him know what happened at the neighborhood meeting with Mr. Malone and Mr. Marrama scheduled for that evening. He stated, "I'd love to be a fly on the wall at the meeting. " • Ms. LiDonni, Ms. Zalauskas, Ms. Pace, and Ms. Barbieri asked Mr. Grylls why this transient definition is being used in place of the seasonal employee bylaw 404.5 and he reiterated that he is an interpreter, not an enforcer, of the bylaws and added that "all the motels/hotels do this" • When asked why he was not doing something about this, or at the very least informing those that can do something about it, Mr. Grylls had no response 4 May 30, 2023 @ 5:00 pm: Neighborhood meeting with Patrick Malone and Joe Marrama at the Village Green Motel (See Village Green Neighborhood Association letter dated June 9, 2023 for details on this meeting and signatures of those who attended) May 312023 (Telephone conversation initiated bv Patrick Malone to Gail LiDonni of 59 Parkwood Road and Donna Zalauskas of 7 Southwest Drive): Statements by Mr. Malone during this conversation included - • The deed restriction that he proposed during the May 30 neighborhood meeting at the Village Green Motel could not be included on the deed from Jack Hynes to Mr. Malone because the mortgage company would not allow it • He asked if the neighborhood would accept an agreement signed by him and Mr. Hynes stating that the Village Green Motel would not be used for 100% seasonal employee housing after October 31, 2023 • Ms. LiDonni and Ms. Zalauskas replied that the property had changed ownership 3 times since December 2021, and they were not interested in any such agreement with either John Hynes or Patrick Malone June 1, 2023: (Telephone call initiated by Patrick Malone and Joe Marrama to Gail LiDonni of 59 Parkwood, Donna Zalauskas of 7 Southwest Drive, J. Ellen Pace of 19 Seaside Village Road): Statements by Mr. Malone and Mr. Marrama during this conversation included — • Mr. Hynes had increased the purchase price of the Village Green Motel so that the sale to Mr. Malone might not happen and there was not, at that point, a Purchase and Sale Agreement in place • Mr. Malone stated he felt as though Mr. Hynes was using him as the middleman between Mr. Hynes and the neighborhood, and that he was doing all the work to purchase the property, only to be told the price had increased • The plan was for Mr. Malone to assume the existing mortgage with Mr. Hynes providing him with a second mortgage • Mr. Marrama stated that he was not interested in the deal if the neighborhood could not agree to seasonal employee housing this summer • Mr. Marrama stated again that if Mr. Hynes were to run the property as a motel, there would be "tents and trash everywhere" • Mr. Malone stated that he would call and let us know if the deal went through but would text us if it did not. Mr. Malone did not reach out either way. • Ms. LiDonni, Ms. Zalauskas, and Ms. Pace told Mr. Malone and Mr. Marrama that they should do whatever they needed to do but that the position of the neighborhood either way, was to file an appeal with the ZBA to try and reconcile the discrepancy between the transient definition and the seasonal employee bylaw 404.5 and to overturn Mr. Grylls's ruling. 5 June 2 2023 (Telephone call initiated by Joe Marrama to Gail LiDonni of 59 Parkwood Road) - Statements by Mr. Marrama during this call included - • After speaking with Patrick Malone, he (Mr. Marrama) is pulling out and would have nothing to do with the Village Green Motel going forward • Red Jacket seasonal employees would be relocated within a week and that Jack Hynes would run the property as a motel • The neighborhood would be sorry and that, with Mr. Hynes running it as a motel, there would be tents on and around the property and trash strewn about • He did not want his name associated with the Village Green Motel and asked that his name not be mentioned in relation to the property • Mr. Hynes was providing rooms at the Village Green Motel for himself, his security employee, another gentleman working for him, and an employee of the Skipper Restaurant • He did not know if Mr. Malone would continue his association with the Village Green Motel and reiterated that he (Mr. Marrama) wanted nothing to do with the property • He informed Mark Grylls that he is disassociating himself from the property and removing the seasonal employees • He was backing out because he knows a lot of people at town hall and does not want 'to get them in a situation' June 2, 2023 (Telephone conversation initiated by Gail LiDonni of 59 Parkwood Road to Yarmouth Building Commissioner, Mark Gyrlls, inquiring as to when his decision letter regarding the Village Green Motel would be issued): Statements made by Mr. Grylls during that conversation included — • Mr. Marrama visited Mr. Grylls's office and told Mr. Grylls that he was done with the Village Green Motel and was moving the Red Jacket J1s out • Mr. Grylls told Ms. LiDonni a decision did not need to be issued by him because Mr. Marrama was moving the Red Jacket J1s out of the motel • Ms. LiDonni requested a written decision as quickly as possible as the neighborhood planned to appeal his decision to the ZBA June 5, 2023: Mark Grylls emailed decision letter to Donna Zalauskas, and also transmits via regular and certified US mail June 21, 2023 (Yarmouth Planning Board Meeting attended by Ms. LiDonni of 59 Parkwood Road Ms.Barbieri of 10 Southwest Drive, Ms. Pace of 19 Seaside Village Road, and Ms. Zalauskas of 7 Southwest Drive): • Kathy Williams Town Planner, presents "tweaks" to town's zoning bylaws concerning seasonal employee workers (see attached memo to Planning Board from Kathy Williams) • Ms. Pace addresses the Planning Board and indicates that, in addition to Ms. Williams potential revisions to zoning bylaw 404.5, there also needs to be revisions to the "transient" definition as this definition according to Mark Grylls is a "loophole" that allows motels/hotels to bypass the town's zoning bylaw 404.5 so they can use their motel/hotel to use 100% of their rooms to house seasonal employees • Ms. Zalauskas indicated that on Tuesday, June 20; there was a Cape Cod Firewood truck delivering huge plastic bags full of linens to the Village Green Motel but that there was no motel website, a no vacancy sign, and when you call the hotel telephone there's a message that says "this is Howard, leave a message" C June 30, 2023: An appeal of Mark Grylls's decision to allow the Village Green Motel to utilize 100% of its property for seasonal employee housing is filed with the ZBA by the surrounding neighborhood 7 dotloop signature verification: ddp.usl9cso-rgfn-1Cov I, the undersigned, certify that the statements made in the attached `Timeline of 2023 Seasonal Employee Housing at Village Green Motel' are true and accurate, to the best of my recollection. PRINTED NAME SIGNATURE ADDRESS Gail LiDonni g.� �;""'°�E° �:<��,� 59 Parkwood Rd., South Yarmouth, MA 02664 Donna Zalauskas IDOWn& 7 Southwest Dr., South Yarmouth, MA 02664 Nancy Barbieri Nvf Hal-ien 10 Southwest Dr., South Yarmouth, MA 02664 J. Ellen Pace pa-,,—z 19 Seaside Village Rd., South Yarmouth, MA 02664 ATTACHMENT m X Mom - �� 'o abm"' �M a� z"oX �M � ,O 0 m a 0 y� �°i rdra O z c) d � vy zw o� z 'a tjr� n� Oro w nEEA dcn z�my 0 ;uz o' w•( .z� '� y o 0 sn CA C n m ro t�r� 'rf cn o C v,nor Cxtr- M En��th °zncnr cnv m r = d 5, r' CCA m w z O za�pV to "� `•"mrn0 MDm�X rArOazx�o zz. C:m °< 8�3 cn v �c [i1 n 0 0 a ��°m mr �ny �� r z C M n � r y Z � c v 0 �n � ° Cn >o� n�m� q A V rn Ln a m r n a O M PC 0 0 00 H 8 M E a LA 0 n 2 0 n �Z>z z o O }C ?; o w Ln Cd c OD N d F■► r7 o y r" d � y z n � G n v �a r- 0 n N W 0 CD x a' n 9 Cl C-4 n ■� J .J T� rti � nw ■ - z m < Ardeo Cafe &... FT=1 Ct'O Online Service... & Ityarmouth.ma.us a 6 4h BLDC--23-4 ® tiCertificate of... LASERFICHE > > Certificate of Completion/Occupancy - BLDC-23-4 929 -; -- - - - _.m Page: _ 1 lof 1 -- I + Automatic Zoor >> O� Y ;+Q Z TOWN OF YARMOUTH BUILDING DEPARTMENT 3 [ CERTIFICATE OF Permitq: BLDC•23-4 .e COMPLETION/OCCUPANCY Contractor: License: Owner: Shoreside Properties LLC Applicant: Pat Malone At: 33&37 SEASIDE VILLAGE RD ISSUED ON: May 19, 2023 ttse Group: Residential R-I Sprinkler System?: Construction Type: Occupant Load: TO PERFORM THE Use & Occupancy for Village Green Hotel 97"35-6907 FOLLOWING WORK: Inspection Type: Inspector: Date of Inspection: Wiring Inspection Ken Elliott May 18, 2023 Plumbing Inspection Mark DiBenedetto May 18, 2023 Gas Inspection Mark DiBenedetto May 18. 2023 Fire Inspection Kevin Huck May 18, 2023 Board of Health Inspection Phil Renaud May 18. 2023 Building Inspection Brad Inkley May 18, 2023 111.4 REVOCATION. The building official is outhori2ed to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of 780CMR whenever the certificate is issued in error, or on the basis of incorrect information supplied. or where it is determined that the building or structure or portion thereaf is in violation of any ordinance or Building Commissioner regulation or any of the provisions of 780CMR. U + E] Land Court In... Metaclata Ann Entry Properties Modified 5/19 Created 5/19 Path Wan Inde RD\( VILL 025. Pern 41Ce Com BLDi Template Yarmouth Street Ind+ Fields Map -Block 025.1 Number Street 0032 Number Street Name SEAS Document Certi Category Com Department Builc Parcel ID 860 Block 298 Q] < AA & Ityarmouth.ma.us D 6 n + Ardeo Cafe &... CP Online Service... CP BLDC-23-4 ll %I Building Permi... Land Court In... LASERFICHE > ... > Building Permit- Non 1 &2 Family/BLDC-23-4 - BLDC-23-4 498 fJ I Page: 1 J of 1 -- ! ♦ Automatic Zoo4__J >} __ Metadata Anr. Building Permit - Non 1&2 Family BLDC-23-4 Location Information Street Address 33-37 Seaview Village Type of Proposed Work New Construction Accessory Building Demolition Other Applicant Pat Malone �+ 978.835.6907 @° patmalone1966®gmail.com Project Info Brief Description of Proposed Work Use & Occupancy for Village Green Hotel 978-835-6907 Site & Construction Information Current Use Residential R-1 Zoning District R•25 Affidavit Signature Applicant is Authorized Agent 4ocation 33 &37 SEASIDE VILLAGE RD SOUTH YARMOUTH. MA 02664 Addition RenovationlRepair Change of Useloccupancy true Swimming Pool Proposed Use Residential R-1 Check here if an Existing Building investigation and Evaluation will be submitted with this application. Electronic Signature [Typed Name of Applicant] Pat Malone Entry Properties Modified 5I1 i Created 5/17 Path War InclE RDV VILL 025. Perr 41BL 1 &2 BLD Template Yarmouth Street Ind Fields Map -Block 025. Number Street 003] Number Street Name SEA' Document Builc Category 1 &2 Department Builc ParcellD 860 Block 298 < AA & If.yarmouth.ma.us D 6 U + in Ardeo Cafe &... 4P Online Service... BLDC-23-4 ® image_002.pd... Land Court ln... Page:_ ; of 1 -- + FAtatomatic Zoomr >> TOWN OF YARMOUTH s HEALTH DEPARTMENT PERMIT APPLICATION SIGN OFF TRANSMITTAL SHEET To be compteled by,Applicant: Building Site Location: Z-1 +r`y 11"k. Applicant- fUa M'j %.t Tel. No.: _ -7 Z3 34' 4 10 7 Addrm- 11 .44►'a In � � Ylt Y /'' 3�r i. , .✓!ice 4 t c, y7 Uate Filed: P'� -f �. 2021 ••6'm ►. M law c rwarlf W*iq*M 0fr*+ �l`, pkwEp ov f* e-mW1 *rldhris: -i 4,WWe "s + /i (- 7 Owner Name: _ c. •V-e- �".r (�}. � � S.f> C1[• .-.7.5 � aC.. i OwncrAdcirm- .�. ... �-t Owner Tel. Nn.: -S"at - FlEALT11 DEPARTMENT: Determines ConspliwW to State and Town Rcgulaiiow: i.e.. Requirements For Septagc Disposal and other Public Health Activities. Please submit three (3) cop#eg Ofplablt to include: 0 -) Site Plan showing existing buildings, water line location, and septic system location; (Z.) Floor plan labeling ALL rooms within building (ail existing snd proposed) - JYote: Floor plans rot nVuired far decks, sheds. windows, rvafrng; (3.) 1f necessary, Title S applicstion signed by licensed installer with fee. REVIEWED BY: f .� DATE I a LEASE E COMMENTSiCONDMONS: If.yarmouth.ma.us VARMOUTH FIDE PREVENTION New Business Transmittal Proicct Nance: Village Green Motel Address: 37 Seaside Village dr Contact Satrrlte: Jack 11%nes Phome.- W-737-%44 Description of planned Project or businesw: Motet/housing Y h NA Sub'rct ptclulswm Y Building Nuisibm Stt;l Oia� 149; sec Ali ._ trC l ine• 32' #. M K I , 12-2.1 � , r.. _ = --.. _.�.�..a. x Extingui*h.rs `" ► VR 1; f3.6.� 148. ram �g # _ �. Ma[nteme of am, egwpmcm s} wn rclat[ng to �� "t_ %lK 1 1.1.4. MCiL 14$ sMian i74 Fin IffURCitK*, € •Ndraid[�Y!'Ma tyols Stctrag4' S `" \1R 1. M1.1, _10,11.4 ]� E_mC1r;cnc%I'l,n Rquired 52 .'t '%I #t ; : [l $, I Cammerchil k,"king, Iloodd sysivn. 527c ♦lit I sozl.l _ Commcrc[a1 t tx#1,tn 11htx1 C)wtern. t'teltn : itittR t 50,5A "Corrimcridal 0?t kin LxIs ► wshrnotl ss stem F ,i2�( M K 130A.3 y .'.'.a.1 -Candle. �Vn Ilamea, and por, i^Ic >..•kin,! i'"( MR lG.lo:.S.,J —� Blvckin ckoricai panct ,"t I#tI 10-19.3.1 Blocking car[. s ' 't tit #i l 14-4.1 x 7I X X X x _ _m m Extenswn coWN .hall not be used as a 527CMRI 11.1.1.6. x pkUkuto to ivrtnowat Wiring i l.lrttit %iordgc heights to 24 incht;s Wow 337E:DMRI 10.11.3 x ceiling a tth4►u[ irvrinklm 11 inches with Maintain Ai-.1e tdlh 006 lit h",.t 43 Feel) 'X(X %lR 1101.1 ri 'r Sloray m-) -w%,utc Bvikkmp 1, 10,18,1. -1 -1 1.1.19.12.34.1.1 I ' .. ns.a.-. ..:.., • .,.�..gwwi+.....-, .,..,,�r�w,.�... ..ems cam' } rt'.ht t4) ii1SPC,I of Il { 1�aetii �Rx .1 4 *Trash C, itim mers 527 CM it 1. 19.1.1, 1 1 � Act is/ald Io Ott Public ('ha�tE�r 148. 5ct «: ~. ,,.. .,...�, A....,... N.., . , ...>._.....r., ,a ,C Ur rtcs. _ S27CMR 1t 126.2 nxpiked-depeWing on 9ocupoicy snd w1' minat • YFD permit Regulatioft bused on NFPA 112021 ethtida) with maxs un m&nents advoed 12 09 = A POS 11M YFD Is mquircd any time a fire proWt ion sateen is shutdown, sherrd or [erne% -"I All existing fire proicction wIt '.tw to be inspected and upgr>ttt d ay needed. The 1 t'11 wpp+m the application. aubjrct to applkable submission►, permit!- sad imPtc04m*. Plan Res icNed 11%. Lieutenant llatthc" llcarnc Duce: May 16. 20-13 Copy for Applicant CM Copy to Building Do panrnent C � Cop} to Fire Prewntion Entered in Fitrhousc Q l-final tn;ticrn ATTACHMENT G i Vv A ft AV �; .��� •_�aA;;, . =.sue, 6:34 no South Yarmouth - Gateway Isles May 23 4:09 PM LIVE Edit 0 L �' a tr� # S_ i �' #�- 6:35 of 4=� = 11 South Yarmouth - Gateway Isles Edit May 24 3:44 PM Q` LIVE (3 ?VA Sa4� Van Jp�pf� 4 uLkus 6:36 @I =')p South Yarmouth - Gateway Isles Edit May 24 3:44 PM Q:: LIVE U)Of-ke. CS , I /I (3 A 6:36 .� May 24 Edit 3:45 PM MAP �4" 6:36 •i South Yarmouth - Gateway Isles May 24 3:58 PM LIVE Edit WO%JW a a -* �J by South Yarmouth - Gateway Isles Edit May 24 4:02 PM O LIVE 7 ! rAr T � , � Y y 0..,.+f. � , � •� �; " 'yam � _ '� • � •O-N `�� � � ti ` _ •r At a. 1� June 4 Edit 1:35 PM From Donna 6:3 8 .1 .tune 4 Edit ••• 1:35 PM From Donna P, LAJO , BONK ll `/< w. d viZ � a 70,41041 pIi . - _ `fig. �: �✓ iA ti C•J 6:40 .�40=1} June 8 7:34 PM From Felix Edit Q i 6:40 .e W �� South Yarmouth - Gateway isles Edit June 9 11.46 AM 8 V•1t 1 Today Edit ••• � 1:18 PM From Donna June 201 2023 at 6:41:24 PM 42,650 of 420657 6:41 C TIT - Today 4:41 PM BI 4-7% WO Edit Q 6:41 Today 4:41 PM i �� - �-- �- :� � •f v4 f ' r � ATTACHMENT H Town of Yarmouth Per M.G.L.: All town and school boards, committees, commissions, and authorities shall post a notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays, and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting. Notice of Meetings Name of committee, board, etc: Planning Board Date of Meeting: June 21, 2023 Time: 6:30 p.m. Town Hall Hearing Room 1146 Route 28, South Yarmouth, MA 02664 Place: OR Zoom Link: https://us02web.zoom.us/j/89836415124 Phone: +1 301 716 8692 and enter webinar ID: 898 3641 6124 This is to formally advise that, as required by M.G.L. Chapter 30A, §§ 18-25, and pursuant to Chapter 20 of the Acts of 2021, An Act Relative to Extending Certain COVID-19 Measures Adopted During the State of Emergency, signed into law on June 16, 2021, as extended by Chapter 2 of the Acts of 2023, the Yarmouth Planning Board will hold a public meeting at the date and time noted on the Notice of Meeting. The public is welcome to attend either in -person or via the alternative public access provided on the Notice of Meeting available on the Town of Yarmouth website. Agenda (Topics to be discussed): 1. Nantucket Sound Group — NSG Mattacheeset Villaue LLC — 897 Route 28, South Yarmouth; Discussion and possible comment letter to the Board of Selectmen related to proposed 23-unit Chapter 40B housing project at 897 Route 28 (former laundromat) submitted to MassHousing. 2. Temporary Seasonal Employee Housing: Discussions on potential zoning tweaks for the fall Special Town Meeting. 3. Riverwalk Park Boar wa k & Event ace: Consider support letter to the Cape Cod Commission for a Development of Regional Impact (DRI) Exemption request being made for the Riverwalk Park project. 4. Accessory Apartment Bylaw Amendments: Brief overview of the Listening Sessions held to date and noting the final session on June 261' at 6 PM at Fire Station #2 in Yarmouth Port, 5. Meeting Minutes 6. Board of Appeals Agenda & Decisions 7. Committee Updates from Board Members 8. Board Member Items 9. Correspondence 10. Staff Updates 11. Upcoming Meetings: a. June 26, 2023: Third and Final Listening Session - In Person Meeting at Fire Station #2, Yarmouth Port b. July 5, 2023: Regular Planning Board Business Meeting c. July 12, 2023: Tentative joint meeting with Zoning Board of Appeals 12. Adjournment TOWN OF YARMOUTH 1146 ROU'1I: 28, SOUTH YARMOUTH. MASSAC HUSI:TTS 02664-4492 Telephone (508) 398-2231,Ext. 1276, Fax (509) 398-2365 MEMORANDUM To: Planning Board From: Kathy Williams, Town Planner Date: June 16, 2023 Subject: Seasonal Employee Housing Planning Div isiott The 2022 updates to the seasonal employee housing at motels bylaw has seen some motels along Route 28 take advantage of the Special Permit option to have 50% to 1001/o of their motel used for seasonal employee housing. The Village Green motel in the HM0D2 applied for 100% seasonal employee housing but encountered strong resistance from the neighborhood and ultimately withdrew their Special Permit request. The Planning Board may wish to consider further amendments to the attached Section 404.5 to assist the Zoning Board of Appeals (ZBA) in their deliberations. Some potential ideas for consideration by the Planning Board may include such things as: 1. Eliminate the Special Permit option for hotels in the HMOD2 to have more than 15% of their rooms for seasonal employees. Retain the Special Permit option allowing for more than 15% along the Route 28 commercial corridor where this use has been successfully implemented. 2. Consider setting some additional Special Permit criteria or provisions for the ZBA to base their decision upon. 3. Consider whether the Planning Board would like to increase the percentage of hotel rooms allowed by - right along Route 28. 4. Increase the minimum number of hours worked for a Yarmouth business from 24 to 30 hours/week so we are not attracting non -Yarmouth businesses. 5. Allow for special permits to be issued for up to 2-years if the motel was run successfully using the 1- year Special Permit. This avoids extra trips to the ZBA for those motels operating successfully. We have also had detailed discussions with Town Counsel on whether motels are required to pay the motel excise tax for rooms used for seasonal employee housing. There are exceptions in M.G.L. Ch 64G, Section 2 that specifically exempt "lodging accommodations provided to seasonal employees by employers". Briefly, Town Counsel's opinion is that the exemption would apply to our bylaw because the state law does not specify who the employer is. They also contacted the Department of Revenue (DOR) which has not taken a public position on this question. Town Counsel did indicate that although we cannot collect the rooms tax, we could impose a reasonable fee for the permit. Any fee adjustments would need to go through the Board of Selectmen and their public hearing process. Staff also discussed with Town Counsel ways to limit the total number of motel rooms which can be used for seasonal employee housing to ensure we are meeting our community needs without expanding to serving other communities. Town Counsel felt this type of limitation should not be done through zoning, but that it could be done through a General Bylaw and annual licensing /renewal process with the Board of Selectmen or through the Board of Health. This would be similar to liquor or tobacco licenses, but would add another layer of process. We are hoping to schedule a joint meeting with the ZBA and Planning Board in July to get further input on this issue as well as their thoughts on the draft Accessory Apartment amendments, solar canopies and any other suggestions the ZBA may wish to offer based on their experience implementing the Zoning Bylaw. locus map of the site and submitted to the Building Commissioner, Board of Health and Yarmouth Police Department. 10. All employees must be able to demonstrate that they maintain a principal place of residence elsewhere. 11. The property owner or manager shall keep records of all employees utilizing employee housing, including name, permanent address, length of stay, and place(s) of employment with contact information. All documentation to be provided upon request. 12. The permit issued by the Building Commissioner shall be valid for one year only. DEFINITIONS: SEASONAL EMPLOYEE HOUSING at Motels/Hotels — A currently licensed motel or hotel property, a portion of which is utilized to provide temporary seasonal housing for employees or staff, 18 years or older, who are seasonally employed by a business located within the borders of Yarmouth for more than 24 hours per week. All Seasonal Employee Housing at Motels/Hotels shall be conducted in accordance with the definitions, requirements and provisions of Section 404.5 — Seasonal Employee Housing at Motels/Hotels.