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Home My WebLink AboutBOA #5004 .W( iDbyb 'g1U _if11.3U0 • - 03-24-2023 -@ 10: 06a 4}TW:, TH'TOON;? .;` .. _ °y r�_ tier r.�r vb i,��?_u it icY�R � • .- .- TOWN OF YARMOUTH BOARD OF APPEALS O li 'i DECISION FILED WITH TOWN CLERK: February 28,2023 PETITION NO: 5004 HEARING DATE: February 23, 2023 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: Steven DeYoung, Sean Igoe, Dick Martin 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 100% 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 HMOD-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 # 8 and# 9, which state as follows: A TRUE COPY ATTEST: • /3.1-7;Ati,a)-A Wttahlita-4 {.- - c;.- I-i-LV C._i:K ;j: • OMAR 3 Bk 35696 Pg11 #11305 8. All employees shall have access to cooking facilities, which shall include at a minimum a microwave, sink, cooktop and refrigerator/fieezer. 9.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 runs 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. No parties spoke in opposition to the proposal. The relief sought is identical to the relief issued in Zoning Board of Appeals Decision 4950 in 2022. 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. Although understanding that the Zoning Board of Appeals was being asked to vary significantly from the current requirements of the Zoning Bylaw, it understood the urgency of the request based on the current housing crisis facing employees and employers in Yarmouth. The Petitioner was urged to speak with the Yarmouth Planning Board to have the Zoning Bylaw amended or supplemented to allow requests such as this. Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the Special Permit as requested, with the condition that it will only be valid for one calendar year, commencing on the date that this Decision is recorded at the Barnstable County Registry of Deeds, and that the applicant return in one year's time to review this Special Permit. The members voted,by roll call,unanimously in favor of the motion as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Fraprie AYE Mr. Martin 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. A TRUE COPY ATTEST: ift:fkk-61).MA-d-htl-44 IL.VINi MAR 2 3 2023 Bk 35696 P9-12 #11305 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 §103.2.5, MGL c40A §9) Steven DeYoung, Chair 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 #5004 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. )71444/-47 Mary A. Nfaslowski MAR 2 3 2023 A TRUE COP ATTEST: 7, MAR L 3 :;` Bk 35696 Pg13 #11305 }�k``°�� COMMONWEALTH OF MASSACHUSETTS ,�r, TOWN OF YARMOUTH 1 _,"' BOARD OF APPEALS i' y Petition #: 5004 Date: March 21,2023 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 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; Title: 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. )ti_VA........Sitc)., Steven DeYoung, Chair • A.TRUE' COPY <AT IFS T: . . W:ti/t,f.ii. t�;4, , - ----- 1.::,&Tpttw .Fl- kixtthi,i.EtekSTEitr.:{ BARN STAB / Tilia`U RF'J�(T RY OF DEED: o WV'W r An-n Drn n'n"Akar o nU rnn T.r.V LAW OFFICES OF "; "- V D PAUL R. TARDIF, ESQ., P.C. 1 28 490 MAIN STREET L MAR 2023 YARMOUTH PORT,MA 02675 BUILDING DEPARTMENT (508)362-7799 (508)362-7199 fax r3v: __ Paul R. Tardif,Esq. Stacey A.Curley,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurley@jtardiflaw.com REFER TO FILE NO. March 24, 2023 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#5004 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on March 24, 2023 in the Barnstable County Registry of Deeds in Book 35696, Page 10. Please note that a copy of the recorded Decision has been forwarded to the Building Department for their records. I thank you for your assistance in this matter. ry ly Yours, l 'aul R. Tardif cc: Jennifer Stanley and Patrick Demko Mark Grylls, Building Department