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Home My WebLink AboutAppellant's statement/administrative appeal • APPELLANT'S STATEMENT IN SUPPORT OF ADMINISTRATIVE APPEAL The Appellant,Deborah A. Bitsoli, Trustee, Ocean Beach House Trust("Trust")presents this statement in support of its appeal from the Notice of Zoning Violation issued by Mark Grylls, CBO,Director of Inspectional Services—Building Commissioner,regarding 32 New Hampshire Avenue("Premises"). I. Current Use of Property Employing the definitions in Article V of the Yarmouth Zoning By-law,the current use of the property is as follows: Lot size: .33 acres Use Residential 202.5 Zoning District: Residential 25 Structures: Single-family dwelling Family related accessory apartments/accessory structure Allowed Uses: Single-family dwelling Two-family dwelling Please note Use Regulations By-law attached hereto as Exhibit"A" II. The Premises Do Not Constitute a"Wedding Reception Business" Mr. Grylls alleges that the Premises are being used as a "Wedding reception/motel business"in his Notice of Zoning Violation. He cites to a"copy of your advertisement for the web"in support of that conclusion. Attached as Exhibit "B" please find a copy of the actual web advertisement, which contains no reference to a"wedding reception"commercial operation. Rather, it presents the opportunity to rent a residential property with a unique waterfront location and access to many and varied activities. III. The Premises Are Not Being Operated As A Motel But,Rather,As A Residential Property. Pursuant to Yarmouth General By-laws Chapter 108"Occupancy of Buildings",the Trust filed,on July 11,2017,a Certificate of Registration with the Board of Health in accordance with Section 108-2 "Certificate of Registration Required; Posting". A copy of the By-law and the 2017 Rental/Lease Registration are attached hereto as Exhibit "C". The issuance of the Certificate of Registration has been held pending the completion of work under several permits for electrical, plumbing and general contractor work at the Premises. Those final inspections are currently being conducted and the Trust fully expects that final signoffs and punchlist work and completion of same will be accomplished forthwith. By its own terms, the Certificate of Registration does not apply to "Hotel/Motel, Inn, Lodging House or Bed and Breakfast operations". By virtue of the fact that the Board of Health has accepted the application and the issuance of same is pending the final inspections in question,this acknowledges and confirms the Trust's position that the Premises do not constitute a "motel" as that term is defined in the Zoning By-laws, a copy of which is attached hereto as Exhibit"D". IV. The Trust Respectfully Requests That the Zoning Board of Appeals Grant the Trustee's Appeal. As described above, Mr. Grylls' Notice of Zoning Violation is based upon errors of fact and an error of law in his interpretation and application of the Yarmouth Zoning By-law to the facts of this case. The Trust is not operating a Motel at the Premises. The Trust is not operating a"wedding function" business at the Premises. The Trust does rent and/or lease the Premises to families and groups for private purposes. The fact that a family, renting the Premises, would conduct a family wedding on this unique property, does not change the residential use into a commercial use than any more the use of one's own home to host a wedding or social event would affect or change the residential nature of one's home. For the reasons cited above, the Trust requests that you grant this appeal and annul and overturn the Notice of Zoning Violation. Respectfully submitted, /11611044-- Gary . B ckett, Esquire Brackett& Lucas 19 Cedar Street, Worcester, MA 01609 (t) 508-799-9799• (f) 508-799-9799 EXHIBIT A 202.5 Use Regulation Table Res.49 RS-4049 B121'49 B221.49 B321.49 RMDOD44 MU APD49 AED49 MOD49 HMOD1 HMOD2 I VC1 VC2 I VC3 VC4 +,, i � ,.. .. , .i....., ,. ,e•FtieYt:A >,. .� ..y. r + n _' ". -'c .: vS Via y "", �u: n ..S&.L $>;'�.`r. : .. ., _ .:a�" i ._r. ., -e a r it�;'- k is w ;�: ,. e iZ�ry„ .�.. rye, J�,_�.,.' b�atA�iki`, va.,<? -i _. �.:::�..ee�b'+�T'��.,r� Y; ,. .s.:.,. :.�4,- sr ..+�`- .,,.. .. ,,��£9,.. . 'r s+ ✓�. .. -t. ".t' .s� �•x 5�,:'i,a..4° . .t., _ 3 Al Single-family dwelling yes yes yes r yes no no yes yes no yes yes yes _1no no41 no ' no4' A2 Two-family dwelling48 yes no yes PB20 no no yes yes no yes yes yes no41 no41 no no A3 Multi-family dwelling(in Cluster/PRD BA14 no BA14 BA14 no no BA14 Be no BA14 no no no no no no only) - A4 Cluster/Planned Residential PB no PB PB no no PB PB no PB no no no no no no development _ , A5 Boarding or Lodging house BA no BA BA _ BA no BA BA16 BA BA PB PB _ no BA no no A6 Guesthouse, Inn, or Bed& BA no BA BA BA no BA BA16 BA BA PB PB BA BA no no Breakfast Inn A7 Hotel or motel no no no yesa2.43 - no no no PB no no - yes42.4' yeS42,43 yes42 43 ies'2 yeS42.43 yes42,43 A8 Mobile home no no no no no no no no no no no no no no no no A9 Mobile home park no no no no no no no no no no no no no no no no A10 Accessory apartments BA BA BA BA no no - no BA no BA no no no no no no All Employee Housing at non no no no yes47 no no no no no BA no no no no no no Motels/Hotels , A11A Seasonal Employee Housing at no no no yes43 no no no no no yes43 yes43 yes43 yes43 yes"' yes4' yes43 Motels/Hotels Al2 Multi-family no no no no24 no no no PBi6 no BA no24 no yes29 _ yes's yes2D yes28 i . AGRICULTURE B1 Agricultural production of Crops yes7 yes7 yes7 yes7 yes7 no y es' yesyes7 es7 yes yes yes y yesr 7 7 esT esi yes'' yes7 B2 Agricultural production of livestock yes7 yes7 yes7 yes7 yes7 no yes7 yes yes7 yes7 yes7 yes7 yes' yes' yes' yes7 (except on feed lots-then no) _ B3 Agricultural service agencies no no yes4' yes2 BA no no BA16 BA no yes2 no no no no no B4 Forestry,fishing, hunting yes yes10 yes yes yes _ no yes yes yes yes _ yes yes yes yes yes yes C. MINING AND MINERAL EXTRACTION Cl Mining&mineral extraction BA no no BA BA9 no BA BA16'17 BA9 BA no no no no no no (including sand&gravel pits) O. CONSTRUCTION D1 General building contractor's yard no no no no yes9 no T no BA16 yes9 no _ no _ no no no 1 no no D2 Heavy construction contractor's yard no no no no _ BA no no BA16 BA no no no no no I no no D3 Special trade contractor's yard no no no no yes9 no no BA16 yes9 no no no no no no no E. MANUFACTURING El Food &kindred products(*except no manufacturing of fats,oils& no no no3 no yes9" no no BA16 yes9* no no no no no no no shortening) E2 Tobacco products no _ no no3 no yes9 no no BAt6 yes9 no no no no no no no E3 Textile mill products(`except no dying,finishing of yarn&thread no no no3 no yes9` no no BA16 yes9* no no no no no no no mills or coated fabrics) _ E4 Apparel&other textile products, leather&leather products(*except no no no3 no yes9* no no BA16 yes9* no no no no no no no no for tanning &finishing E5 Lumber&wood products(*except wood preserving BA, plywood& no no no3 no yes9* no no BA16 yes9* no no no no no no no particle board BA) E6 Furniture&fixtures no no no3 no _ yes no no Be yes9 no no no no no no no E7 Paper&allied products(*except BA for manufacture of products from no no no3 no no* no no BA16 no* no no no no no no no purchased paper&allied material) EB Printing & publishing(*except BA for no no yes9" yes9'18 yes9* no no BA1a yes-9* no no no no no no no 17 202.5 Use Regulation Table Res.49 1 RS-4009 B121 q9 B22'.49 B32t'49 RMDOD44 l MU APD49 AED49 MOD49 I HMOD1 I HMOD2 I VC1 I VC2 VC3 VC4 (Q ACCESSORY USE 4 . Q1 Temporary construction trailer yes yes yes yes yes T no T yes yes yes I yes yes I yes I yes I yes I yes I yes Q2 Parking for more than 2 cars BA BA yes yes yes no BA yes yes BA yes no24 yes _ yes yes yes 03 Other accessory uses if customarily incidental to any of the yess yes' yes yes yes9'9 no yes yes yes" yes' yes yess yes BA yes yes above permitted uses and not detrimental to the neighborhood _ Q4 Parking or storing of vehicles or trucks with 12 wheels or more or vehicles capable of hauling a unit of 12 wheels or over except for the no no yes yes yes9 no no BA16 yes9 no yes no no no no no purpose of constructing a home or structure or making a delivery or pickup _ _ 05 Neighborhood convenience store in BA no BA BA no no BA BA16 no BA no no no no no no PRD R. MISCELLANEOUS R1 Registered Marijuana Dispensary I no I no I no [ no I no I BA4' I no I no45 I no -I no I no I no I no I no I no I no 21 P EXHIBIT B FALL IN LOVE WITH OLDE CAPE COD - VRBO Page 2 of 20 • (wentew • /lmmnitics Book Online or call HomeAway Booking Assistance 888-640-7927 Revtewl 3.1,;ur r>tcnu,a n•• M • Photos Connac} -PVIp I'tro.. When would you like to stay? $1,286 Enter your travel dates an/night Enter dates for accurate pricing lir Arrive I Depart Guests(required) Request to Book I Ask Manager a Question Report this listing FALL IN LOVE WITH OLDE CAPE COD R71 t . tar 1.1 7} " -�i __-- b — �:i►!" if Cake on the Ocean I of 24 Exceptional:5/5- 124 tray clef res toss t Arrive Depart Guests(required) Request to Book Ask Manager a Question Sleeps 18 https://www.vrbo.com/836962 11/9/2017 • FALL IN LOVE WITH OLDE CAPE COD - VRBO Page 3 of 20 Bedrooms 12 Rathro mI I 10 ace Alum ties 6,000 sq.ft. PrDPerROPgs estate Minittttdtgfitay 2-7 nights • Photos • Rates R_:\slilabilin Rcnortthislictin¢ Overview Details Estate Sleeps Bedrooms Bathrooms Minimum Stay 6,000 sq.ft. 18 12 10 2-7 nights About the property HAVE YOUR CAKE AND EAT IT TOO!RIGHT ON THE BEACH One of a Kind Adventure Beach Front Estate on Lewis Bay Fall 2017 booking up FAST!!Enjoy the beautiful weather on the cape without the crowds at DISCOUNTED RATES!. Spend your holiday on the Ocean!Thanksgiving-Christmas and New Years are available Guest house may be added for an additional fee-rate vanes-it is not included in the listed rates.Call Julie Now to discuss!!!508 778 1818 Many bed rooms all with amazing ocean views Guest House w/2 bed 2 bath plus Loft may be available for additional fee 8 bath with many VIP ensuite w water views Many other private sleeping areas throughout home on plush sofa and day beds Main home sleeps many in beds with ease and privacy for all with more in sofa beds Guest House sleeps additional guests Please refer to group rates for your party size and price. Please click this link for many more pictures and aerial video /https://www.weddingwire.com/biz/cake-on-the-ocean-west-yarmouth/c806c6843fdfcacd.htm I / Our home is for"let"'for you and many friends for your vacation of a lifetime,family reunion,corporate retreat or ocean side event,situated right on shores of the famous Lewis Bay. This Iconic property is situated on the sand overlooking Englewood beach and Hyannis harbor with views out to Hyannisport and Nantucket Sound. Watch the sun set and rise with plenty of sail and ferry boats that go to and fro out to open ocean and the islands. There is no better property or value quite like this Estate! Ensuite VIP bedrooms with views overlooking the bay and ocean beyond,giant gourmet chefs kitchen,two family rooms with enormous fire places,million dollar ocean and bay views from almost every room,wifi,Apple TV,Ultra 4K flat panel TV's,movie nights,board games,wifi HI-FI surround sound system,corn-hole, ladder-ball,horse shoes,giant cabana,day bed,hammock and 6-7 person ocean side Jacuzzi,fire pits and barbecue areas. This Kennedy Compound type property has numerous water and adventure sports beach side:sailing,sunning,jetski,daytrips to egg island,fishing,kayaking and lewis bay can accommodate a large sail boat or yacht. Have your family reunions,outings or"share-house vacation"with Many of your closest friends.Guest home can be included at an additional fee to provide for extra guests. Direct ocean and beach front estate with beach and water sports at your feet adjacent to the Yarmouth Sailing club where you can take daily or weekly sailing classes for children or adults. Off season weeks starting @$5500 a week and shoulder season weekend offerings.Inquire now all our weeks are going fast book early and reserve your vacation at our Cape Cod Paradise!! More Detail, Property Manager Nick. Ask Manager a Question Member since:2016 Speaks:English Response time:Within a day Response rate:100% https://www.vrbo.com/836962 11/9/2017 • FALL IN LOVE WITH OLDE CAPE COD -VRBO Page 4 of 20 Calendar last updated.:November 8,2017 • Chen iea Read mote about Niel, I e I A_mcnittrs • ev Wk tih;uc 1a.,ini What tkaossthis estate unique • Rai*X 1 ailalrn Ocean an each front state with dynamic ocean and bay views from every room make this home truly"one of a kind".This property had been privately owned and enjoyed by a Catholic Order of priest for over 6 decades and now has been wonderfully renovated and brought back to its original glory.Water and beach sports at your door step adjacent beaches and jetties have everything the kids and adults will love.Go fishing,crabbing or claming and bring your catch home and enjoy alfresco dinners,clam bakes and cookouts ocean side. Outside fire pit,movie nights,jacuzzi with friends gazing at the stars or sunning in the chase lounges this is one very special place.Swing in one of the hammocks on the ocean!There is truly no place like it around. Enjoy our compliment of yard games,fire pit,grill and great outdoor seating and take it all in! Inquire about Yarmouth's great tourist attractions,beaches,shopping,resturants and enjoy all Lewis Bay in Yarmouth has to offer. Direct ocean and beach front estate with beach and water sports at your feet Yarmouth Sailing club where you can take daily or weekly sailing classes for children or adults. Report this listinc Amenities West Yarmouth Estate Accommodation and Amenities Property Type: estate Meals: Guests provide their own meals Housekeeping: Housekeeper Optional Floor Area: 6000 sq.ft. House Rules: Check-in:3:00 PM/Check-out:10:00 AM Max.occupancy: 18 Max.adults:18 Min.age of primary renter:24 Children welcome... Non smoking only Location Type: Beach View... Beachfront... Near The Ocean Ocean View... Oceanfront... Water View Waterfront... Theme: Adventure Family Historic hops://www.vrbo.com/836962 11/9/2017 -FALL IN LOVE WITH OLDE CAPE COD -VRBO Page 5 of 20 Romantic Sports Activities • • •7'orn r,W ctions • Amenities • Reviews jha t Fakeine General: • • P otu •AI n lahiln, CloiheaUryer - Fireplace.,. Heating Internet... Iron&Board Linens Provided... Living Room... Parking... Telephone Towels Provided... Washing Machine Kitchen: Coffee Maker... Dishes&Utensils... Dishwasher... Kitchen... Microwave... Oven Pantry Items... Refrigerator... Stove... Toaster... Dining: Dining... Dining Area seating for 20 people Bathrooms: 10 Bathrooms Bathroom I-toilet,combination tub shower Bathroom 2-toilet,combination tub shower Bathroom 3-toilet,shower Bathroom 4-toilet,shower Bathroom 5-toilet,shower Bathroom 6-toilet,shower Bathroom 7-toilet,shower Bathroom 8-toilet,combination tub shower Guest House Full Bath-toilet,tub,shower,outdoor shower,Full Bath in Guest House Guest House Ensuite Master-toilet,.shower,outdoor shower,Master Bed Ensuite Tile Shower All bathrooms are updated with the lastest shower valves gfi outlets and new fixtures most bathrooms have ocean views when showering you can watch the sun set or boats go buy Bedrooms: 12 Bedrooms,Sleeps 18 Bedroom 3-1 king Bedroom 5-I queen Bedroom 6-I queen Bedroom I-1 queen,All bed rooms have wonderful water front views Bedroom 2-1 king,Most bedrooms wave waterfront views Bedroom 4-1 king Bedroom 7-/double Bedroom 8-I double Guest House Salon Great Room Pull Out-1 queen,Sleeps two by the fire place in pull out sofa bed Guest House Ensuite Master-I queen,Guest House VIP Master with ensuite Guest House Poop Deck Loft-3 double,Captains Poop Deck with 3 Full('rew Births Bedroom 9-1 double Guest House VIP-2 twin single,2 twins for kids or made into a King bed for a couple All bed rooms in main house have ensuite or shared updated baths with shabby chic furniture,seating areas and desks with large closets Premium bedding with 1400 poly thread Count sheets and lux pillows are amazing Most bed rooms have ocean views First Floor den with 2 queen pull out sofas.Third floor Open Space has one full bed and three twin beds https://www.vrbo.com/836962 11/9/2017 FALL IN LOVE WITH OLDE CAPE COD -VRBO Page 6 of 20 Entertainment: • • • nvcrwcw .Bovl4ci1snitica • Picipy 'share La.vsac •Ga Room... •Ga Att9k. • g Q_&_Alan tbllm Satellite/Cable Stereo Television... Outside; Deck/Patio... Lanai/Gazebo... Lawn/Garden... Outdoor Grill Suitability: Long-term Renters Welcome Pool/Spa: Hot Tub Onsite Services: Staff Attractions: botanical garden churches cinemas festivals health/beauty spa library live theater marina museums playground recreation center restaurants water parks Leisure Activities: antiquing beachcombing bird watching boating eco tourism horseback riding horseshoes miniature golf outlet shopping paddle boating scenic drives shelling shopping sight seeing walking wildlife viewing Local Services&Businesses: ATM/bank fitness center groceries a� https://www.vrbo.com/836962 11/9/2017 EXHIBIT C 8/4/2017 Town of Yarmouth,MA Occupancy of Buildings Chapter 108: Occupancy of Buildings [HISTORY:Adopted by the Annual Town Meeting of the Town of Yarmouth 4-7-1981 by Art.16.111 Amendments noted where applicable.] GENERAL REFERENCES Occupancy load where alcoholic beverages are sold—See Ch.6o. [1] Editor's Note This chapter was derived from Section 6.33 Of the Town of Yarmouth Bylaws and was originally adopted by Special Town Meeting held on 8-24-7976 and 8-25-1976. §108-1 Definitions. As used in this chapter,the following terms shall have the meanings indicated: PERSON The owner of any building and the owner's agent and employees,and includes an individual,partnership,corporation,trust or association. TENANT Tenant, lessee, holder of a lease and any licensee or invitee of such tenant, and includes an individual, partnership, corporation,trust or association. §108-2 Certificate of registration required;posting. No person shall rent or lease,or offer to rent or lease,any building or any portion of a building to be used for human habitation without first registering with the Board of Health,which shall determine the number of persons such building or portion of a building may lawfully accommodate under the provisions of the Massachusetts State Sanitary Code,and without first also conspicuously posting within such building or portion of a building a certificate of registration provided by the Board of Health specifying the number of persons such building or portion of a building may lawfully accommodate. §1083 Number of persons restricted. No tenant shall lease,rent or occupy any building or any portion of a building subject to the provisions of this chapter if,at the time of such lease,rental or occupancy,the number of persons occupying such building or portion of a building exceeds the number of persons authorized to occupy such building or portion of a building by a certificate of registration,if issued and posted, or,if no certificate of registration is issued or posted,the number of persons that may be lawfully accommodated as determined by the Board of Health under the Massachusetts State Sanitary Code. §108-4 Fee. [Amended 4-7-1981 by Art.18,approved 8-4-1981] There shall be a fee of$10 to procure a certificate of registration,which shall be valid for one year or to December 31 of each year, whichever is sooner.Thereafter the permit shall be annually renewed at a fee of$10 per year. §108-5 Revocation or suspension of permit. [Added 4-7-1981 by Art.18,approved 8-4-1981] A permit issued under this chapter shall be revoked if,at any time,the licensing authorities are satisfied that the licensee is unfit to hold the license. They may suspend and make inoperative,for such period of time as they may deem proper,the permit mentioned herein for any cause deemed satisfactory to them.The revocation and suspension shall not be made until after investigation and a hearing or after giving the licensee an opportunity to be heard.Notice of the hearing shall be delivered to the permittee not less than three days before the time of said hearing. §108-6 Penalty. (l http://www.ecode360.com/9083439#9083443 1/2 AUG-08-2017 16:01 YARMOUTH HEALTH DEPT 508760347 P.02 / / **INSPECTION OF ALL UNITS ARE RE U: ED!** Please call to schedule 508-398-2231, ext. 1.240 ,:., 0,0 2017 RENTAL/LEASE REGISTRATI I N e/l J� TOWN OF YARMOUTH H — BOARD OF ILEA 4-1 e2 l l46 ROUTE 28, SOUTH YARMOUTH MA 02664 0, Register on line and SAVE $:1.0 per unit @www.yarmouth.rna.us (Online Set ces) A',KTENTION LANDLORDS of I-Iouses, Apartments, Duplexes, Condominiums and Room. Rentals (in owner occupied dwellings). Excluding Hotel/Motel, Inn, Lodging House or Bed and Breakfast operations. (CHAPTER 108 --• OCCUPANCY OF BUILDINGS BYLAW). Note: Compliance with Zoning regulations is not inferred, nor intended. RENTAL/LEASE Registrations EXPIRE on. DECEMBER 31 of each year. FEE IS .$80 PER RENTAL/LEASE UNIT. Complete this form and return to the Health Office. Checks payable to: "TOWN OF YARMOUTH". For additional FORMS AND/OR QUESTIONS, contact the HEALTH OFFICE AT 508-398-2231, x1.240, MON—FRI, 8:30 AM-4:30 PM. —OR- REGISTER ON LINE for $70 per unit. haws 3 ki e-e_ Ave_ aJ\iv\o \ Rental Property Address Tenant(s) Name(s) (If Annual Rental) Email or Phone /f tn� -'7-tC o cJ e (Ti-N-` - Rental Agent (if any) Email or Phone # Owner Name (Required Info) f Email or Phone # (Required) 3 a ) ka_vvt e Sim c��,e �., . 1a vtA4)%&- .t t/A - 04(4,L/ Mailing Address Cityfl'own State ZIP Rental Period: Annual , Seasonal Pc (Winter-Summer), Weekly Rental of: House-Duplex Apartment Condominium Room _ --Smoke Detectors and Carbon Monoxide Detectors Required-- Operable smoke and carbon monoxide detectors arc required at each habitable level and in basements with any appliances using fossil fuels (oil, gas, kerosene), including coal or wood stoves and enclosed or attached garages. Owners: Have you ensured the batteries are changed, and have tested ALL your Smoke Detectors/Carbon Monoxide Detectors? SMOKE ALARMS J TEST Signature c--r�? ��!► MONTHLY (Required) • ******=k=k:k:lc=k***1''Y'i''I"''******, ***********************:f=:k=f==Y-*= ******** PENALTIES — Late registration of more than 30 DAYS after receipt or violations of any part of Chapter 108, may he subject to non-criminal citations issued as follows. Each day's violation deemed a separate offense. 1'` Offense $50.00 / 2"`t Offense $100.00 / 3r"I Offense (and each additional) $200.00. 'thus applies to any "OWNER", "AGENT" OR "TENANT" si*******+k*************ak******.k*X:*:I::I:****•:k*:E:t:**************el::k***>k*ok***:k***** Trash Removal by: Owner Tenant Disposal w/Sticker at Landfill Paid Pickup [/ Name of Company C7D,roase.-e vc.9, 0,s c-A3 5 ? TOTAL P.02 EXHIBIT D MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT — For homeownership units, a purchase price that is affordable to a low- or moderate-income household paying no more that 30% of gross monthly income for a mortgage payment, property taxes, insurance and condominium fees, where applicable; and for rental units, a monthly rent that is affordable to a low- or moderate-income household paying no more than 30% of its gross monthly income for rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under the guidelines of the DHCD Local Initiative Program or, where no such guidelines exist, under regulations adopted by the Board of Selectmen. MEDICAL MARIJUANA TREATMENT CENTER (MMTC) - See Definition for Registered Marijuana Dispensary (RMD). MEDICAL SERVICES APPURTENANT PARKING — Provision of parking for any of the uses allowed within the MOD. MIXED USE — a combining of commercial (retail, office and/or service) use(s) with a residential use on the same or contiguous lot. MOBILE HOME — Any vehicle or object designed for movement on wheels and having no motive power of its own, but which is drawn by or used in connection with a motor vehicle, and which is so designed and constructed, or reconstructed or added to by means of such accessories, as to permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundation, and shall include the type of construction commonly known as "mobile home," having a body width exceeding eight (8) feet and a body length exceeding thirty-two (32) feet. MOBILE HOME PARK — Premises planned and improved for the rental of spaces for two (2) or more mobile homes. MOBILE STRUCTURE —A movable structure designed for year-round occupancy, used for office or other nonresidential activity. MONOPOLE — The type of tower that is self-supporting with a single shaft and provision for mounting antennas. MOTEL OR HOTEL —Any building, other than a guesthouse, containing six (6) or more guest rooms intended to be occupied on a transient basis, may contain, in the guest rooms, microwave ovens of 800 watts or less, coffee-makers, refrigerators and sinks. For those guest rooms of 375 square feet of area or more, a two-burner electric cook-top may be allowed. For those guest units of 375 square feet of area or more with in-room fire suppression systems (sprinklers), a traditional toaster may be allowed. In no case shall an oven, other than a microwave oven described herein, be permitted in motels or hotels, except as outlined in Section 434, the Motel Bylaw. MOTEL CONVERSION — the creation of Housing within or upon an Applicable Property, for which a motel license was issued, pursuant to M.G.L. c. 140, § 32B, prior to and is effective on April 11, 2006, or which was issued a motel license after April 11, 2006, which property was 151 ��j