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HomeMy WebLinkAbout5069 961 Route 28 Decision TC 05.30.24'ARMQUTH TOWN CLERK RE MAY 30'24 Pm3.'45 Vi "I _; r ,4 7Z 0,1-11 SE1 u9' 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