HomeMy WebLinkAbout5069 961 Route 28 Decision TC 05.30.24'ARMQUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
May 30, 2024
5069
March 28, 2024
Hanuman Darshan LLC
961 Route 28, South Yarmouth, MA
Map 42, Parcel 46
Zoning District: B-2
Certificate #231960
Lot #1, 6, 7, 8, 9 and WAY, Plan #26020A
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Dick Martin, Jay Fraprie,
John Mantoni, and Barbara Murphy
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.
This matter came before the Board on March 28, 2024, after having an earlier hearing date of
January 11, 2024. At both hearings, the petitioner was represented by Mark Boudreau, an
attorney practicing in Hyannis, Massachusetts.
The petitioner, Hanuman Darshan LLC, owns Harborside Suites, a hotel located at 961 Route 28,
South Yarmouth, Massachusetts, which property is in a B-2 zoning district.
The petitioner seeks to reverse the decision of the Building Commissioner and allow transient
occupancy that exceeds the temporary and short term occupancy ordinarily and customarily
associated with motel and hotel use. The Board received three letters of opposition to the
petition.
At the January 11, 2024 hearing, Attorney Boudreau represented that the petitioner was notified
by the Commonwealth of Massachusetts that before the end of February 2024, 100% of the
migrants staying at Harborside Suites would be moved to a larger facility, most likely off -Cape.
Attorney Boudreau requested a continuance to March 14, 2024, expecting the matter to be moot
by that time. Vice Chair Igoe recommended the Board consider the matter at the March 28, 2024
hearing. A motion was made by Mr. Martin and seconded by Mr. Mantoni to approve the
continuance to March 28, 2024. On a voice vote (5-0), the request for a continuance to March 28,
2024, was approved.
At the final hearing on March 28, 2024, Attorney Boudreau represented that the petitioner was
informed by the Commonwealth of Massachusetts that the off -Cape property intended to house
the migrants did not pass inspection. Attorney Boudreau requested a 45-day continuance to allow
more time for the 27 migrant families to be moved.
The Board discussed whether to address this new request for a 45-day continuance or the initial
request to reverse the decision of the Building Commissioner. With the violation notice from
October 11, 2023, and the previous assurance that the migrants would be moved from the hotel
by the end of February 2024, the Board determined that they should address the initial request
for relief.
Attorney Boudreau testified that the migrants are documented, arrived through the border legally,
and were given accommodation at Harborside Suites in efficiency -style units. Attorney
Boudreau's position was that state law overruled local law, saying that his client is trying to
cooperate with the Town and the State to move the migrants from Harborside Suites.
Vice Chair Igoe questioned Building Commissioner Mark Grylls who was present at the hearing.
Mr. Grylls confirmed that he issued the violation notice after reviewing the Governor's letter of
August 8, 2023. Mr. Grylls believed his October 11, 2023 violation notice was accurate: The
property owner had violated the transient definition in the Town's zoning bylaw:
TRANSIENT, at Motels or Hotels For purposes of the limitations of motel or hotel use,
Transient occupancy shall be limited to the temporary and short term occupancy, ordinarily and
customarily associated with motel and hotel use. Transient occupants must have, and be able to
demonstrate that they maintain, a principal place ofresidence elsewhere. Transient occupancy
shall generally refer to continuous occupancy of not more than thirty (30) days, and an
aggregate of not more than ninety (90) days within any six (6) month period. Use of a guest unit
as a residence, or dwelling unit, shall not be considered transient. This definition does not apply
to On -Site Property Managers at MotelvHotels.
In addition, Vice Chair Igoe was not persuaded that the Governor's letter was the equivalent of
an order from the Governor. In response, Attorney Boudreau referenced a declaration from the
Executive Office of Housing & Livable Communities, dated October 31, 2023, regarding
emergency assistance shelter. However, Mr. Fraprie noted this declaration was no longer in
effect as of February 28, 2024.
While expressing sympathy to the migrant families, the Board agreed that the Governor's letter
did not discuss bypassing local bylaws. The Board determined that the Building Commissioner
was correct in issuing the violation notice.
A motion was made by Mr. Martin and seconded by Mr. Mantoni to uphold the decision of the
Building Commissioner. On a voice vote (5-0), the motion was approved.
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.
S:a�
Sean Igoe, Vice Chair
CERTIFICATION OF TOWN CLERK
1, 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 #5069 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. Maslowski, CMC