HomeMy WebLinkAbout5069 961 Route 28 Harborside Suites Attorney Cover Letter 11.09.23BOUDREAU & BOUDREAU, LLP
396 NORTH STREET
HYANNIS, MASSACHUSETTS 02601
Philip Michael Boudreau
Mark H. Boudreau
Dolores Fallon, Office Administrator
Yarmouth Community Development
Zoning Board of Appeals
1146 Route 28
South Yarmouth, MA 02664
RE: 961 Route 28, South Yarmouth
Hanuman Darshan LLC
Dear Ms. Fallon,
Telephone: (508) 775-1085
Telefax: (508) 77I-0722
mark@boudreaulaw.net
November 9, 2023
Please be advised that I represent Hanuman Darshan in connection with a Violation Notice that it
received from the Town of Yarmouth Building Inspector, Mark Grylls. Enclosed for filing,
please find two (2) Zoning Board of Appeals Hearing Applications to reverse the decision of the
Building Inspector. In addition to the Application, I have included copies of my client's deed,
Land Court Plan and the Violation Notice in question.
Respectfully, Hanuman Darshan LLC denies that it is in violation of the Town's Zoning
Ordinance. My client was contacted by representatives of the Commonwealth of Massachusetts
to address the need for emergency housing at its motel. The owners of the motel have been
assured by the Commonwealth that the emergency needs of migrant families supersede the
occupancy requirements of local/Town zoning.
On Tuesday, August 8, 2023, Massachusetts Governor Maura Healey declared a state of
emergency in the Commonwealth with regard to the ever-increasing number of migrants arriving
in Massachusetts from other countries. Governor Healey indicated that the emergency
declaration directs cities and towns to secure housing, shelter, and health and human services to
address what she calls a "humanitarian crisis." I have attached a copy of the Governor's letter
proclaiming the state of emergency.
Under Massachusetts General Laws Chapter 23B, Section 30, the Department of Housing and
Livable Communities was given the power to "administer a program of emergency housing
assistance to needy families with children...." This so-called "Right to Shelter" law was
established by Chapter 450 of the Acts of 1983 and was signed into law by Governor Michael
Dukakis. I have enclosed a copy of the Declaration made by the Executive Office of Housing
and Livable Communities, dated October 31, 2023.
Finally, I have enclosed a Request for Abutters Notification List. Thank you for your kind
attention to this matter.
/MHB
Enclosures
Cc: Mark Grylls, Yarmouth Building Commissioner
Sincerely,
H, oudreau