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Home My WebLink AboutBOA #4950 RECEIVED JUN 29 2022 LAW OFFICES OF __- PAUL R. TARDIF, ESQ., P.C. BUILDING DEPARTMENT aY _ 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R. Tardif,Esq. Stacey A. Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurley@tardiflaw.com REFER TO FILE NO. February 28, 2022 Dolores Fallon Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 RE: Zoning Appeal—759 Route 28, South Yarmouth Jennifer G. Stanley and Patrick J. Demko - Petition#4950 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on June 24, 2022 in the Barnstable County Registry of Deeds in tr: , 35209, Page 155. Please note that a copy of the recorded Decision has been forwarded to uilding Department for their records. I thank you for your assistance in this matter. T ,i ly Yours, 1 '.ul R. :rdif cc: Jennifer Stanley and Patrick Demko Mark Grylls, Building Department Bk 35209 Pg155 #32424 06-24-2022 @ 01 : 33p 4 ;I; TOWN OF YARMOUTH ' �, :,'4 BOARD OF APPEALS 1 DECISION IlkFILED WITH TOWN CLERK: May 20, 2022 PETITION NO: 4950 HEARING DATE: April 28,2022 PETITIONER: Jennifer G.Stanley & Patrick J. Deniko PROPERTY: 759 Route 28, South Yarmouth, MA Map 33, Parcel 35C Zoning District: B-2 & HMOD-1 Title: Book 34837, Page 119 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Doug Campbell,Megan Homer and Jay Fraprie Notice of the hearing has been given by 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 Petitioner is seeking a Special Permit to allow them to house seasonal employees in l00% of their motel rooms, and to rely upon the tenant's employer to provide 3 meals each day for their employees. The Property is located in the B2 and HNIOD-1 Zoning Districts and contains 1.42 acres of area, with 153 feet of frontage on Route 28, and is improved with a 24 room motel built in approximately 1955, with a manager's apartment. and outdoor picnic areas. There are no exterior changes contemplated by this relief.. Rather, the relief sought tonight pertains to the use of the property. The Applicant, relying on Section 404.5.3 of the Zoning Bylaw, seeks to create Seasonal Employee Housing at the property, by leasing 100% of the available rooms to employees of a company which operates several motels in Yarmouth. In accordance with the Zoning Bylaw, the applicant complies with 8 of the 10 conditions for the issuance of a one year Seasonal Employee Housing permit. Section 404.5.2 of the Bylaw states that if an Applicant cannot meet all the provisions outlined therein as determined by the Building Commissioner, a Special Permit from the Zoning Board of Appeals is required. In this case,the applicant cannot comply with conditions# 7 and #8, which state as follows: A TRUE COPY ATTEST: Tiele Wikahil-414 i:MMC/CMC/'TOWN CLERK o RI 4 4 AA AA Bk 35209 Pg156 #32424 7. All employees shall have access to cooking facilities, which shall include at a minimum a microwave, sink, cooktop and refrigerator/freezer. 8. No more than 15% of any hotel or motel rooms at a single parcel may be used for employee housing. The Property does have 3 guest rooms with full kitchens,but the remaining 21 guest rooms do not. However, the employer in this case provides meals for each of its employees, and a letter to that effect was submitted to the Board. In addition, the leasing of all of the rooms tuns afoul of the 15%rule recited in the bylaw. However, the current housing crisis for temporary employees or entry level workers here on Cape Cod has reached crisis level. The Board recognized the need to house seasonal employees,some of whom are earning minimum wage, or even considerably more, and who are unable to break into either the rental housing market, or purchase housing market. Even J1 Students, of which there are many this year, need to have housing arranged or their arrival to work will not be permitted: No parties spoke in opposition to the proposal. The Board was supportive of the relief to be granted, and agreed that the use of motel rooms at the site would not be substantially more detrimental to the town or neighborhood than the existing use as a traditional motel. In addition, there would be no undue nuisance, hazard or congestion created and there would be no substantial harm to the established or future character of the neighborhood or town_ Accordingly,a motion was made by Mr. Fraprie, seconded by Ms. Homer, to grant the Special Permit as requested,with the condition that it will only he valid for one calendar year, commencing on the date that this Decision is recorded at the Barnstable County Registry of Deeds. The members voted,by roll call, unanimously in favor of the motion as follows: Mr. Igoe AYE Mr. Fraprie AYE Ms. Homer AYE Mr. Campbell AYE The applicant moved and was allowed to withdraw the request for relief in the form of a Variance, as it was the consensus of the Board that no such relief was needed. The members voted unanimously in favor of the motion. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein,the Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw §l 03 :5, MGL c40A §9) Sea go , Chairman A TRUE COPY ATTEST CMMC ''MC/TOWN CLERK JUN I 1 2022 Bk 35209 Pg157 #32424 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 #49.50 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. Maslo ;ski Town Clerk JUN 1 1 2022 A TRUE COPY ATTEST: FIA-diht,L44 h""hCUI CMC I TC:Vvh CLEF < JUN 1 1 2022 Bk 35209 Pg158 #32424 .. COMMONWEALTH OF MASSACHUSETTS "t ,,. �'J TOWN OF YA • RMOUTH 4 , BOARD OF APPEALS , S ..WCt.. Petition #: 4950 Date: June 10, 2022 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: Jennifer G. Stanley & Patrick J. Demko 759 Route 28 South Yarmouth, MA Affecting the rights of the owner with respect to land or buildings at: 759 Route 28, South Yarmouth, MA Map 33; Parcel 35C Zoning District: B-2 &HMOD-1 Book 34837, Page 119 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said.Special Permit,and copies of said decision, and of all plans referred to in the decision, have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) and Section 13, provides that no Special Permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. Steven S. DeYoung, Chairman A TRUE COPY ATTEST: JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY I:MUTti)ec l I(;VbN C:Li�F:rC JUN 1 1 2012 fists �ssr,� � RIn?s� $0.7; US POSTA, �a . FIRST-CIA y P.C. 27 JUN 2022 PM L 062FROM02E .Pain Street ath Port,MA 02675 a Mark Grylls, Building Commissioner Yarmouth Building Department 1146 Route 28 South Yarmouth, MA 02664 026E --4491.9S ,►I►►„ , ►►, ►,►► l,J�,►►,►jillN�►J►,►►1,J►>>�J1►1J►,►„►1Jrf►►