HomeMy WebLinkAbout4513 452 Route 28 Decision RecordedTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: April 29, 2014
PETITION NO: 4513
HEARING DATE: April 10, 2014
PETITIONER: Jeff Swartz, Town and Country Motor Lodge
PROPERTY: 452 Route 28, West Yarmouth, MA
Map & Lot#: 0031.73; Zoning District: B-2
Book/Page: 22107/303
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Bryant Palmer,
Chuck Hart and Debra Martin.
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
Register, the hearing opened and held on the date stated above.
The Petitioner is Jeff Swartz, Town and Country Motor Lodge, who seeks relief pursuant to property
located at 452 Route 28, West Yarmouth, MA, property located in a B-2 Zoning District.
The Petitioner seeks relief pursuant to By-law §404.5.
The Board was asked to consider relief pursuant to §404.5 for seasonal employee housing. This is
permitted by Special Permit subject to the following:
l . Seasonal employee housing shall be for no more than seven months between
April I' and October 31S° annually.
2. Seasonal employees shall be housed in motel/hotel rooms only. Seasonal employees
may not be housed in camp sites, tents, RVs, mobile homes or campers located
on the motel/hotel property.
3. Seasonal employee housing shall meet all the Board of Health and State of
Massachusetts regulations regarding building and fire codes, health codes,
water supply and wastewater disposal.
4. Maximum occupancy rate of each unit to be determined per the Health Codes.
5. Seasonal Employee housing shall be used solely by employees and shall not
include family members of employees or other non -employees.
6. The employer shall designate an on -site proctor for each property utilized as employee
housing. The on -site proctor shall ensure that all seasonal employees are apprised of
the rules and code of behavior prior to occupancy. The name and contact information
for the on -site proctor shall be submitted to the Yarmouth Police Department.
7. All employees shall have access to cooking facilities, which shall include at a
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minimum a microwave, sink, cooktop and refrigerator/freezer.
8. No more than 15% of any hotel or motel rooms at a single parcel may be used for
employee housing. Each room used for employee housing shall be identified on a
locus map of the site and submitted to the Zoning Board of Appeals, Board of Health
and Yarmouth Police Department.
9. All employees must be able to demonstrate that they maintain a principal place of
residence elsewhere.
10. The property owner shall keep records of all employees utilizing employee housing,
including name, permanent address and length of stay. All documentation to be
provided upon request.
The Board found that the Petitioner satisfied these requirements except as maybe noted in the
conditions upon which relief is granted and referenced below.
Accordingly, on Motion made by Ms. Martin and seconded by Mr. Igoe the Board voted unanimously
to grant the Special Permit prayed for by the Petition and with the following conditions:
Special Permit: §404.5:
a) That the Petitioner comply with all conditions set -forth in
§404.5, 1-10; further, the Petitioner shall obtain all permits/inspections
as may be required in order to make the necessary changes to the
facilities to be used by the employees; and that the Petition be
reviewed in one year.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision
must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals
from this decision shall be made pursuant to MGL e40A section 17 and must be filed within 20 days
after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
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Steven DeYoung,- hairman
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