HomeMy WebLinkAbout5045 33-37 Seaside Village Rd Application Packet ORIGINALQ
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ZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information)
Appeal#: 0 qS- Hearing Date: $ C 3 Fee $: • 00
Applicant is the (check one): Owner Tenant Prospective Buyer Other Interested PartyX
Applicant (full naives, including d/b/a): Gail LiDonni, Donna Zalauskas, Nancy BarblerL J. Ellen Pace
Address: 7 Southwest Drive, South Yarmouth, MA 02664
Phone: 508.735.5204 Email: zaiausdd@gma%com
This application relates to the property located at:
33-37 Seaside Village Road, South Yarmouth, MA 02664
Shown on the Assessor's Map as:
Map # 25
+ Parcel #: 298
+ Zoning District: R-25 & D-2
Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location:
NA
Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to
(e.g., add a 10' by 15' deck to the front of our house). NA
RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals:
Reversal of Building Commissioner's decision of June 5, 2023
X REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this
decision with this application). What is the decision date?: June 5, 2023
The reason for reversal and the ruling you request the Board to make: See below under 'Additional Information'
_SPECIAL PERMIT under Yarmouth Zoning By-law Section:
and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5:
_VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested,
and, as to each section, specify the relief sought:
Section & Relief sought:
Section & Relief sought:
Section & Relief sought:
ADDITIONAL INFORMATION (which you feel should be included in your application):
Clarification/resolution of apparent conflict between use of transient definition as it relates to seasonal employees residing
in hotels/motels and Zoning Bylaw 404.5 regarding seasonal employee housing at hotels/motels.
Please see attached documents for additional information.
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ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information)
Name & Address of Current Property Owner (if other than applicant) as listed on the Deed:
John Hynes d/b/a Shoreside Properties, Inc.
33-37 Seaside Village Road, South Yarmouth, MA 02664
Title Deed Reference (provide a copy of most recent Deed):
• Book & Page #: 229690
• or Certificate #:
Land Court Lot #;
Plan #: 18413-C
Use Classification:
• Existing: Permit No. BLDC-23-4; Cert. of Completion/Occupancy BLDC-23-4-929; Building Permit BLDC-23-4 498; Yarmouth Fire
§202.5 # PreventionNew Business '
ifMth Dept. Permit Applica:tiuii
Proposed:
§202.5 #_
Is the property vacant?: Yes_ No X If yes, how long has property been vacant?
Lot Information
Size/Area: 1.4 acres(61,030 sq. feet)
Plan Book & Page: see above re: Title Deed Reference
Lot #: 4
Is this property within the Aquifer Protection Overlay District (APD)? Yes_ No X
Have you completed a formal commercial site plan review (if needed)? Yes_ No
Which other Boards and/or Town Departments are/have/will review this project? What is the status of review?
Building Commissioner's Office (decision dated June 5, 2023
Is this a repetitive petition (re -application)? Yes_ No X
If required, do you have Planning Board Approval? Yes_ No X
Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes X No
If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application.
Decision Numbers 398, 647, 1021, 2656
Building Commissioner Comments:
pplicant Attorney / Agent
Property Owner Signature:_
Address:
Phone:
Email:
Building Commissioner Signature: Date:
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3 0
ZONING BOARD OF APPEALS HEARING APPLICATION
REQUEST FOR ABUTTERS NOTIFICATION LIST
• Notices must be sent to the petitioner (applicant), abutters, and owners of land directly opposite on any public or
private street or way, and abutters to the abutters (only within 300 feet of the property line) of the petitioner as
they appear on the most recent applicable tax list.
+ Postage charges for all applications are determined by the number of abutters (and the parcel(s) in question) times
.56 cents (which is the current cost for the two required mailings).
• Add the postage charges to the application fee and include your check with the application.
For postage charges, see Zoning Board of Appeals Administrator or provide the abutters map and lot
numbers below.
Applicant Name: Gail LiDonni; Donna Zalauskas; Nancy Barbieri; J. Ellen Pace
Property Address; 33-37 Seaside Village Road, South Yarmouth, MA 02664
Abutters
2 Labels-1 Hard Copy
Assessors Field Card with photo
Map Number I Lot Number I Man Number I Lot Number
Andy Machado, Director of Assessing
ATTACHMENTS 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,
72 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.
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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
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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
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59 Parkwood Rd., South Yarmouth, MA 02664
Donna Zalauskas
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7 Southwest Dr., South Yarmouth, MA 02664
Nancy Barbieri
Nvf Hal-ien
10 Southwest Dr., South Yarmouth, MA 02664
J. Ellen Pace
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19 Seaside Village Rd., South Yarmouth, MA
02664
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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.
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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
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Check here if an Existing Building investigation and
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Pat Malone
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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
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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
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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.