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Home My WebLink About Notice of Meeting BOA #5069 Town of Yarmouth Per M.G.L.:All town and school boards,committees,commissions,and authorities shall post a notice of every meeting at least 48 hours prior to such meeting,excluding Saturdays,Sundays,and legal holidays.Notice shall contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting. Notice of Meetings Name of committee, board, etc: Board of Appeals Date of Meeting: March 28, 2024 Time: 6:00 p.m. Town Hall Main Hearing Room 1146 Route 28, S. Yarmouth Place: OR Zoom Link: https://us02web.zoom.us/i/87088854105 ID: 870 8885 4105 This is to formally advise that,as required by G.L.Chapter 30A,§§18-25,and pursuant to Chapter 20 of the Acts of 2021,An Act Relative to Extending Certain COVID-19 Measures Adopted During the State of Emergency,signed into law on June 16,2021,as extended by Chapter 2 of the Acts of 2023, the Yarmouth Zoning Board of Appeals will hold a public meeting at the date and time noted above.The public is welcome to attend either in-person or via the alternative public access provided above. PETITION 5069: (continued from 01/11/24)Hanuman Darshan,LLC. Property Location: 961 Route 28, South Yarmouth, MA. Map & Lot#: 42.46; Zoning District: B-2. The Applicant 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. PETITION 5084: (continued from 02/08/24)Congro Remodeling. Property Location: 30 Stiles Road, South Yarmouth, MA. Map & Lot#: 78.227; Zoning District: R-40. The Applicant seeks a Special Permit per §104.3.2(2) and/or a Variance from §203.5 for front and side setback relief to construct a 15'x18' addition. PETITION 5095: Melissa Ferreira and Tales Coelho, 14 Arrowhead Drive, Yarmouth Port, MA. Map & Lot#: 115.109. Zoning District: R-40 & APD. The Applicant seeks a Special Permit per §407.1 to re-establish a family related accessory apartment. PETITION 5096: Cape Cod Farms III,LLC. Property Location: 601 Route 28,West Yarmouth,MA.Map & Lot#: 32.191. Zoning District: B-2.The Applicant seeks a Special Permit per §303.13 and/or Variance from §303.5.5.2 to replace Mobil gas station pump and canopy signage. PETITION 5097: GTF& Sons Construction. Property Location: 70 Breezy Point Road, South Yarmouth, MA.Map& Lot#: 34.219.Zoning District: R-25.The Applicant seeks a Special Permit per§104.3.2(2)and/or Variance from §203.5 to increase height in the required setbacks. PETITION 5098:Jamie and Neill Bohlin,358 Route 6A,Yarmouth Port,MA.Map&Lot#: 123.26.Zoning District: R-40. The Applicant seeks a Special Permit per §104.3.2(4) and/or Variance per §202.5 for I-4 use to allow office space rental in a residential district and/or modify existing Variances#626 and#1319 to change use from gift shop to office space rental. Other Business: February 8 & February 22, 2024 Meeting Minutes Posted By(Name): Dolores Fallon Signature: Dolores Fallon 'ARMOUTH TOWN CLERK RE MAY 30'24 Ft13:49 AYie 4 °; TOWN OF YARMOUTH �� . �� BOARD OF APPEALS 1.0 H DECISION FILED WITH TOWN CLERK: May 30,2024 PETITION NO: 5069 HEARING DATE: March 28,2024 PETITIONER: Hanuman Darshan LLC PROPERTY LOCATION: 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°,4,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 mote!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 of residence 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 Motels/Hotels. 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. Sean Igoe, Vice 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 #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