HomeMy WebLinkAbout5045 33-37 Seaside Village Rd Decision TC 09.14.23YARNO1 TOWN ir-_E�if
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
September 14, 2023
5045
August 24, 2023
Gail LiDonni, Donna Zalauskas,
Nancy Barbieri, J. Ellen Pace
33 & 37 Seaside Village Road, South Yarmouth, MA
Map & Lot: 25.298
Zoning District: R-25 & HMOD-2
Title: Document 1456990, Certificate 229690
MEMBERS PRESENT AND VOTING: Chairman Steven DeYoung, Sean Igoe, Dick
Martin, Jay Fraprie, John Mantoni, and Barbara Murphy (alternate)
Notice of the hearing has been given by sending notice thereof to the Petitioner and all those
owners of property as required by law, and to the public by posting notice of the hearing and
publishing in The Cape Cod Times, the hearing opened and held on the date stated above.
The petitioners are Gail LiDonni, Donna Zalauskas, Nancy Barbieri, and J. Ellen Pace, who seek
to overturn the Building Commissioner's decision dated June 5, 2023. The petitioners seek to
clarify/resolve an apparent conflict over the definition of "transient" within the zoning bylaws.
Each petitioner who did speak, did so eloquently. Unfortunately, the premise for review by the
petitioners was that the Building Commissioner had approved transient occupancy of greater
than 15% of occupancy at the Village Green Motel.
During the presentation by the petitioners and during questions by Board Members, it became
apparent that the belief that there was greater than 15% occupancy was based solely upon
supposition and conjecture.
The petitioners queried as to how they would be able to access the register for the Village Green
Motel. Again, it was pointed out to the petitioners that the Building Commissioner was not the
licensing authority and did not have access to the motel register, though he made it clear that he
had never authorized greater than 15% occupancy.
The Board concluded that it was the obligation of the petitioners to establish that the Building
Commissioner had acted inappropriately, and that they had failed to do so.
A motion was made by. Mr. Igoe, seconded by Mr. Mantoni, to uphold the decision of the
Building Commissioner. A roll call vote was taken with each member of the Board voting "Aye"
and, the petition to overturn the decision of the Building Commissioner failed, and the petition
was, effectively, denied.
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision #5045 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski, CMC