Decision 4507 Yankee Village MotelUk 28125 P-s295 0-18916
05-05--2014 a 02 = 330
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: April 3, 2014
PETITION NO: 4507
HEARING DATE: March 13, 2014
PETITIONER: John R. Barker, Jr., d/b/a Yankee Village
PROPERTY: 275 Route 28, West Yarmouth
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman, Bryant Palmer, Debra
Martin, Chuck Hart and Doug Campbell.
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 John Barker d/b/a, Yankee Village who seeks relief pursuant to property located at
497 Route 28, South Yarmouth, MA, property located in a B-2 Zoning District.
The Petitioner seeks relief pursuant to By-law §§ 404.4 and 404.5. Under 404.4, the Petitioner seeks
approval of a year-round on -site residence for a property manager for the purpose of managing,
maintaining and securing the property. This is permitted by Special Permit subject to the following:
1. For Hotels or Motels with less than 100 guest units, one on -site property
manager may be allowed. For Hotels or Motels with 100 or more guest units,
two on -site property managers may be allowed. In addition, one owner occupied
unit may be allowed per property, if the unit meets all the operational criteria
(� outlined for On -Site Property Managers.
2. Immediate family members of the on -site manager are allowed to reside in the
on -site managers unit, depending on the size of the unit.
3. On -site property manager unit shall be a minimum of 300 square feet (sf)
of gross floor area for up to 2 persons per unit. An additional 70 square feet (sf) of
gross floor area is required for each additional person. Each property manager unit
shall include a kitchen or kitchenette with refrigerator/freezer combination, microwave
and stove (cooktop/oven combination) with hood.
4. On -site property manager units shall meet the definition of a dwelling unit per the
building code and all other applicable codes.
5. Creation of a dwelling unit or renovations would have to comply with the current
edition of the Existing Building Code. Applicant to provide the Building
Commissioner a narrative from a registered design professional indicating which level
of alteration they have designed the project under.
6. On -site property manager unit shall meet all the Board of Health and State of
Massachusetts regulations regarding building and fire codes, health codes, water
supply and wastewater disposal.
The Board was next asked to consider relief pursuant to §404.5 for seasonal employee housing. This is
permitted by Special Permit subject to the following-
1. Seasonal employee housing shall be for no more than seven months between
April 15t and October 315L 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 motelihotel 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
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 may be noted in the
conditions upon which relief is granted and referenced below.
Accordingly, on Motion made by Mr. Campbell to allow all three (3) units and seconded by Mr. Hart
the Board voted unanimously to grant the Special Permits prayed for by the Petition and with the
following conditions:
Special Permit: §404.4: Need for building, plumbing and electrical permits
and inspections for any work necessitated to comply
with §404.4 and/or §404.5
Special Permit: §404.5: See Above
2
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 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, MGL c40A
§9)
Steven DeYoung, Chat an