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Home My WebLink AboutBOA #5072 Bk 3 62 64 Pg349 #9621 03-15-2024 @ O1 : 29p '40, ,t: • TOWN OF YARMOUTH 111 1 ,. , f BOARD OF APPEALS le'. om► ;, j DECISION k. FILED WITH TOWN CLERK: February 20, 2024 PETITION NO: 5072 HEARING DATE: February 8, 2024 PETITIONER: Jennifer G. Stanley&Patrick J. Demko PROPERTY: 759 Route 28,South Yarmouth,MA Map 33,Parcel 35C Zoning District:B-2 & IIMOD-1 Title: Book 34837,Page 119 MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe,Jay Fraprie,John Mantoni, Barbara Murphy, and Anthony Panebianco 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. In the alternative, the Petitioner also is seeking a Variance to allow this proposed use. 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 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: • , (41/14-d-a 1•Acriciht4406.0 .elett",-,1 vMC I T 0WN :L 6< MAR 1 2 2024 Bk 36264 Pg350 #9621 8. All employees shall have access to cooking facilities,which shall include at a minimum a microwave,sink,cooktop and refrigerator/freezer. 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 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 150 o 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 and Decision 5004 in 2023. 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. Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Manton, 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. The members voted unanimously in favor of the motion. 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 §103.2.5, MGL c40A §9) Sean Igoe, Vice Chair A TRUE COPY ATTEST: aii(� 1 i.C:VO:CLzEIK MAR 1 2 7U24 Bk 36264 Pg351 #9621 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#5072 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. ii/ker blit-d-OWL-Z4 Mary A. Maslowski, CMC MAR i 2 2024 TRUE COPY ,�ATTE 3 7. • MAR 1 7 2nN, Bk 36264 Pg352 #9621.. ,4 i�9 COMMONWEALTH OF MASSACHUSETTS {; 'p�,` � TOWN OF YARMOUTH itr ' BOARD OF APPEALS @a• : : r Petition.#: 5072 Date: March 12, 2024 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. - 4y Tti Sean Igoe, Vice Chair A.TRUE • p..` ATTEST: ,a)-)/kilAti4)4/ t: -z#9Ht7�E' i .4�' Y5'�£iR-, BARNS f l T tGISTRY OF DEED: Dcncr�rcn c. Or 0 4r.cnmon,arnar.r.v LAW OFFICES OF PAUL R. TARDIF, ESQ., P.C. 490 MAIN STREET YARMOUTH PORT,MA 02675 (508)362-7799 (508)362-7199 fax Paul R. Tardif,Esq. Stacy A. Curly,Esq. ptardif@tardiflaw.com www.tardiflaw.com scurleyRtardiflaw.com REFER TO FILE NO. March 28,2024 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#5072 Dear Ms. Fallon: Enclosed please find a copy of the Board of Appeals Decision, which was recorded, for the above referenced matter on March 15, 2024 in the Barnstable County Registry of Deeds in Book 36264, Page 349. Please note that a copy of the recorded Decision has been forwarded to the Building t: s artment for their records. I thank you for your assistance in this matter. Ve 1/ iou u R. ardif cc: Jennifer Stanley and Patrick Demko Mark Grylls, Building Department R E C E r V D A[ PRO124 BUILDING DEPARTMENT e P v. • •i