HomeMy WebLinkAboutMotel Lawyer response to Violations 11/9/23 /vim
BOUDREAU&BOUDREAU,LLP �O&j
396 NORTH STREET eyV1<6 .?0
HYANNIS,MASSACHUSETTS 02601 \GFp `J
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Telephone:(508)775-1085
Telefax:(508)771-0722
Philip Michael Boudreau
Mark H.Boudreau mark@boudreaulaw.net
November 9,2023
Dolores Fallon,Office Administrator
Yarmouth Community Development
Zoning Board of Appeals
1146 Route 28
South Yarmouth,MA 02664
RE:961 Route 28,South Yarmouth
Hanuman Darshan LLC
Dear Ms.Fallon,
Please be advised that I represent Hanuman Darshan in connection with a Violation Notice that it
received from the Town of Yarmouth Building Inspector,Mark Grylls. Enclosed for filing,
please find two(2)Zoning Board of Appeals Hearing Applications to reverse the decision of the
Building Inspector. In addition to the Application,I have included copies of my client's deed,
Land Court Plan and the Violation Notice in question.
Respectfully,Hanuman Darshan LLC denies that it is in violation of the Town's Zoning
Ordinance. My client was contacted by representatives of the Commonwealth of Massachusetts
to address the need for emergency housing at its motel. The owners of the motel have been
assured by the Commonwealth that the emergency needs of migrant families supercede the
occupancy requirements of local/Town zoning.
On Tuesday,August 8,2023,Massachusetts Governor Maura Healey declared a state of
emergency in the Commonwealth with regard to the ever-increasing number of migrants arriving
in Massachusetts from other countries. Governor Healey indicated that the emergency
declaration directs cities and towns to secure housing,shelter,and health and human services to
address what she calls a"humanitarian crisis." I have attached a copy of the Governor's letter
proclaiming the state of emergency.
Under Massachusetts General Laws Chapter 23B, Section 30,the Department of Housing and
Livable Communities was given the power to "administer a program of emergency housing
assistance to needy families with children...." This so-called "Right to Shelter" law was
established by Chapter 450 of the Acts of 1983 and was signed into law by Governor Michael
Dukakis. I have enclosed a copy of the Declaration made by the Executive Office of Housing
and Livable Communities, dated October 31, 2023.
Finally, I have enclosed a Request for Abutters Notification List. Thank you for your kind
attention to this matter.
Sincerely,
-ma k H. oudreau
/MHB
Enclosures
Cc: Mark Grylls, Yarmouth Building Commissioner
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ZONING BOARD OF APPEALS HEARING APPLICATION (Appeal Information)
Appeal#: Hearing Date: Fee $:
Applicant is the (check one): Owner x Tenant Prospective Buyer Other Interested Party
Applicant (full names, including d/b/a): Hanuman Darshan LLC
707 South Washington Street , North Attleboro , MA 02760
Address: 707 South Washington Street , North Attleboro , MA 02760
Phone: 508 775-1085 Email: mark@boudreaulaw.net
This application relates to the property located at:
961 Route 28 , Yarmouth
Shown on the Assessor's Map as:
• Map # 42
• Parcel #: 46
• Zoning District: R-2
Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location:
Willow Street
Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to
(e.g., add a 10' by 15' deck to the front of our house).
RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals:
X REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this
decision with this application). What is the decision date?: Oc.tobPr fl , 2023
The reason for reversal and the ruling you request the Board to make:
SPECIAL PERMIT under Yarmouth Zoning By-law Section:
and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5:
VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested,
and, as to each section, specify the relief sought:
Section & Relief sought:
Section & Relief sought:
Section & Relief sought:
ADDITIONAL INFORMATION (whichyp feelhshoild lie, included in your application):
ease see cover _etter ffi e ith t e pp ication.
OF•VA
o
ZONING BOARD OF APPEALS HEARING APPLICATION(Property Information)
Name& Address of Current Property Owner(if other than applicant)as listed on the Deed:
Title Deed Reference(provide a copy of most recent Deed):
• Book&Page#:
• or Certificate#: 2.3_1960
• Land Court Lot#:1, 6, 7, 8, 9 and WAY
• Plan No. 26020A
Use Classification:
• Existing: hotel/motel
§202.5 #
• Proposed: hotel/motel
§202.5#
Is the property vacant?: Yes NoX If yes, how long has property been vacant?
Lot Information
• Size/Area: 1 .86 acres
• Plan Book&Page:i.anrl Court Plan 26020A
• Lot#: 1,6, 7, 8, 9 and WAY
Is this property within the Aquifer Protection Overlay District(APD)?Yes NoX
Have you completed a formal commercial site plan review(if needed)?Yes No X
Which other Boards and/or Town Departments are/have/will review this project? What is the status of review?
Building Department
Is this a repetitive petition (re-application)? Yes No X
If required,do you have Planning Board Approval? Yes No
Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes X No
If yes,provide the date(s),Appeal number(s), decision(s), and other pertinent information with this application.
1972 Variance, Appeal #3609 2000 Special Permit, Petition No. 4532 Special Permit
Building Commissioner Comments:
Applicant/Attorney/Agent Signature:�4127,.
Property Owner Signature:
Address: a (. 4/04N c��?r /47 ari , �s� C�/a 6 °
c ,!
Phone: I�j 77c /6 r l Email: `'v^P bo c�Gf,--rrct, Jaw ,h
Building Commissioner Signature: Date:
TOWN OF YARMOUTH
1146 Route 28,South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
VIOLATION NOTICE
Hartman Harshen LLC
707 South Washington St October 1 I,2023
North Attleboro.MA 02760
RE:961 Route 28-Motel use
To Whom it May Concern.
This letter constitutes a formal enforcement order under MGL Ch 40A,the Zoning Act.This notification is to
advise you of zoning violations at your motel located at 961 Route 28.
The tenancy at your motel exceeds the transient limits imposed by the Yarmouth Zoning Bylaws for motels.It
is understood after discussions with the owner and owners representatives that 24 or more rooms are being
occupied by non-transient occupants,which is a direct violation of a motel use in the Town of Yarmouth as
defined in the Yarmouth Zoning Bylaw.
Under the Town's zoning bylaws,motels are limited to transient occupancy which is defined as a stay of 30
days or less:
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 tern 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 ofa
guest unit as a residence,or dwelling unit.shall not be considered transient. This definition does not apply to
On-Site Property Managers at Morels/Hotels.
The town does recognize that the occupancy of the hotels may be pursuant to statutes which guarantee
emergency shelter housing.However,it has not been demonstrated to the Town that emergency shelter is
required beyond thirty days.Moreover,documentation supplied by the Commonwealth requires that all
facilities comply with local zoning bylaws.
You may appeal my orders under the Zoning Act and Yarmouth Zoning Bylaws to the Yarmouth Zoning Board
of Appeals in accordance with G.I.c.40A,within 30 days of this letter.
If you feel that the circumstances described herein are not accurate,please provide me with proof to the
contrary within said thirty days.
Truly
Mark Grylls C 0
Director of Inspectional Services/Building Commissioner
Town of Yarmouth
C: Town Counsel,Town Administrator, YFD, YPD,Health Dept.ZBA
Doc: 1 , 473 , 891 12-30-2022 2 : 14
Ctf#: 231960
N O T N 0 T
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OFFICIAL OFFICIAL
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N O T N O T
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OFF I C I AL QuitclainftadF ICI AL
COPY COPY
Nghia H. Huynh and Minh-Nguyet Kieu,Trustees of the Huynh-Kieu Family Trust u/d/t dated
December 16,2013,see Trustee Certificate recorded herewith,
For consideration paid of Two Million Two Hundred Thousand and 00/100($2,200,000.00) Dollars,
Grant to Hanuman Darshan LLC,a Massachusetts limited liability company with a principal mailing
address of 707 South Washington Street, North Attleboro,Massachusetts 02760,
With quitclaim covenants, all of our right title and interest in and to the following property in Yarmouth,
en Barnstable County, Massachusetts, as follows:
00
N PARCEL 1:
O
The land in with the buildings thereon situated in Yarmouth (South), Barnstable County, Massachusetts,
being shown as Lots 1,6,7,8,9 and WAY on Land Court Plan 26020-A dated December 7, 1954, drawn
by Bearse & Kellogg Civil Engineers and filed in the Land Registration Office at Boston, a copy of which is
filed in Barnstable Land Court Registry Book 170, Page 101 with Certificate of Title No. 22561.
PARCEL 2:
z
The land in with the buildings thereon situated in Yarmouth (South), Barnstable County,Massachusetts,
tobeing shown as Lots 11,12,and 13 on Land Court Plan 26020-B dated November 18, 1977,drawn by
= Massachusetts Department of Public Works, Robert T.Tierney, Chief Engineer and filed in the Land
cRegistration Office at Boston a copy of which is filed in Barnstable County Registry of Deeds in
Registration Book 482,Page 15 with Certificate of Title No.59935.
Said land is subject to the rights granted in an easement given to the New England Telephone and
Telegraph Company dated December 9, 1971, being Document No. 159029.
00
a) Grantor is not classified for the current taxable year as a corporation for federal income tax purposes.
re For grantors' title see deed recorded with the Barnstable Land Court Registry District in Doc. No.
rn 1241992.
N
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MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY EXCISE TAX
BARNSTABLE LAND COURT REGISTRY BARNSTABLE LAND COURT REGISTRY
Date: 12-30-2022 $ 02:14pm Date: 12-30-2022 l 02:14pm
Ct1#: 442 Ctl#: 442
Fee: $7,524.00 Cons: $2,200,000.00 Fee: $6,732.00 Cons: $2,200,000.00
Doc: 1 , 473 , 891 12-30-2022 2 : 14 Page 2 of 2
N 0 T N O T
A N A N
OFFICIAL OFFICIAL
COPY COPY
Witness my hand and 4Abthi?28"day of December,2022. N 0 T
Huynh-Kieu Family Trust u/ t dated December 16,2013 A N
OFF OFFICIAL
C O COPY
By;
la . Huynh,Trustee
Bye,
Minh-Nguyet Kieu,Trustee
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF Mida1e x
On this 28th day of December,2022,before me,the undersigned notary public, personally appeared
Nghia H. Huynh,Trustee,who proved to me through satisfactory evidence of Identification,which was
4vwcrs \tceil9C— to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voluntarily for its stated purpose as Trustee of the
Huynh-Kieu Family Trust.
A RANDY KASTON ,J
cot�tyor8 o��'iNusErrsry b1 Conn sabon Explree lic
Pu
I W N01p1ir,par 14, 2825 y om ion E Aires:
1 COMMONWEALTH OF MASSACHUSETTS
COUNTY OF 1\1\kdd1�S0,
On this 28th day of December,2022,before me,the undersigned notary public,personally appeared
M' h-Nguyett Kieu,Trustee,who proved to me through satisfactory evidence of identification,which was
Vtvt'-s 1'(t.: to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that she signed it voluntarily for Its stated purpose as Trustee of
the Huynh-Kieu Family Trust.
10f)
LRANDYKASTON
dt
.1tf Notary PubuoAkr Publi.,
OCaetONMIE�l7H Yy Commlas OFloa Expires SETTS ►y o m m is '•n E pi
November 14, 2025 •
JOHN F. MEADE, ASSISTANT RECORDER
BARNSTABLE REGISTRY LAND COURT DISTRICT
RECEIVED & RECORDED ELECTRONICALLY
260204
PLAN OF LAND IN YARMOUTH
NOT NOT •
Hearse & Kellogg,A Q vi1 Engineers A N
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Doc: 1 '251'480 08-06--2014 11:50
BARNSTABLE LAND COURT REGISTRY
ti: N O T N O T
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• A N TOWN OF YARMOUTI N
O F F I C IA RD OF AAP) A1SI C I A L
0 • ,: '-mil;►i COPY DECISION COPY
IPIActittf
N O T N O T
A N A N
FILED WITH TOWN'aL R: 4ufy 14,2014 OFF I C I A L
COPY COPY
PETITION NO: #4532
HEARING DATE: June 26,2014
PETITIONER: Nghia H.Huynh
PROPERTY: 961 Route 28,South Yarmouth
Map& Lot#: 0042.46; Zoning District: B-2
Doc.#:1,241,992; Ctf#:202873
MEMBERS PRESENT AND VOTING: Steven DeYoung,Chairman,Sean Igoe,Chuck Hart,
Bryant Palmer and Gerald Garnick.
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 Register,the hearing opened and held on the date stated above.
The Petitioner is Nghia H. Huynh, d/b/a Brentwood Motor Inn, who seeks relief pursuant to property
located at 498 Route 28, West Yarmouth, in a B-2 Zoning District, pursuant to By-law §404.4
The Petitioner seeks relief pursuant to By-law § 404.4. Under 404.4, the Petitioner seeks approval of
a year-round on-site residence for a property manager for the purpose of managing, maintaining and
securing the property. This is permitted by Special Permit subject to the following:
1. For Hotels or Motels with less than 100 guest units,one on-site property
manager may be allowed. For Hotels or Motels with 100 or more guest units,
two on-site property managers may be allowed. In addition,one owner occupied
unit may be allowed per property, if the unit meets all the operational criteria
outlined for On-Site Property Managers.
2. Immediate family members of the on-site manager are allowed to reside in the
on-site managers unit,depending on the size of the unit.
3. On-site property manager unit shall be a minimum of 300 square feet(sf)
of gross floor area for up to 2 persons per unit. An additional 70 of gross
floor area is required for each additional person. Each property manager unit shall
include a kitchen or kitchenette with refrigerator/freezer combination,microwave
and stove(cooktop/oven combination)with hood.
4. On-site property manager units shall meet the definition of a dwelling unit per the
building code and all other applicable codes.
NOT NOT
AN AN
OFFICIAL OFFICIAL
5. Creation 6faQivAllYng unit or renovations vgulil hlavXto comply with the current
edition of the Existing Building Code. Applicant to provide the Building
CommissioNerrj tiBrrative from a registered dtitigm r 'ofessional indicating which level
of alteration$,ieyjhave designed the project unckr.N
6. Ontitg:pIppeirtytrnsna egpnit shall mgetial ll#hegBtar4 o ,Hgalth and State of
Massachuetb rtguuations regarding building a�i preicodes,health codes, water
supply an wastewater disposal.
Accordingly, on Motion made by Mr. Hart and seconded by Mr. Garnick the Board voted
unanimously to grant the Special Permit prayed for by the Petition and with the following condition:
Special Permit: §404.4.3: Manager's apartment as shown on drawing
provided by Petitioner in the structure between
Room#129 and the office.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This
decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals.
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,MGL c40A §9)
Steven DeYoung,
g, rman
NOT NOT
oy o c 4 J I LTH OF CgiliS TLTS
.. ';:i: o c o P OWN OF YARM�
Y
o BOARD OF APPEALS
;�� �,t NOT NOT
`"�. A N AN
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OFFICIAL OFFICIAL
COPY COPY
Appeal#4532 Date: August 4,2014
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:
Nghia H.Huynh
d/b/a Brentwood Motor Inn
South Yarmouth,MA
Affecting the rights of the owner with respect to land or buildings at: 961 Route 28,
South Yarmouth. Map & Lot#: 0042.46; Zoning District: B-2; Doc,#:1,241,992;
Ctf.#:202873 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 that 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.
te15 ven DeY , C airman
NOT NOT
AN AN
OFFICIAL
OFFICIAL
T awPN OF YARMOU
THTown
Clerk 1146 ROUTtp21O(UT
508H)3Y9M3O1UETHxt.,1M28A5§1SiIR1
508ETT
98-S080326664 445I
OFFICIAL OFF I C I A L
COPY COPY
CERTIFICATION OF TOWN CLERK
I,Philip B. Gaudet,III,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##4532 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.
Philip,13.:Gaudet,III,
Town Clerk
.S
BARNSTABLE REGISTRY OF DEEDS
DOC :804/473 06-28-2000 3151
BRRNSTRBLE LfHlU COURT REGISTRY
.Y NT,1514, COMMONWEALTP PEr MASSACHUSETTS
•� � '� A N A N
! Y r •i; FFICIAL TOWN O OF FYARMGUTH
.1c4 .u►w[ps . 4. : COPY BOARD OF APPEALS
.•
: N O T N O T
Appeal #3609 A N A N Date: June 27, 2000
OFFICIAL OFFICIAL
CC rtjfite of Granting of a S ctl legit
(General Laws Chapter 40A, Section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special
Permit had been granted
To: Stddarth Siddharth, Trustee dim Brentwood Motor Inn
Address: 283 Weymouth Street
City or Town: f lolbrooL MA 02343-1:2$
o affectingthe tights of the owner with respect to land or buildings at: 961 Route 28, South
8 P� 8
Yarmouth. Assessor's Map: 42 Parcel: 46 (36/T7), Zoning District: B1
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 that copies of said decision, and of all
ob plans referred to in the decision, have been filed with the Planning Board and the Town Clerk.
tn
qa% The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
t%- 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
v 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'sregistering
certificate of title. The fee for such recording or registering
shall be paid by the owner or applicant.
David Reid, Chairman
CERTIFICATE-S.PAD
jii.444, / 7 F 9 kw /I / Z t /3 -Y6oyv-1.5
TOWN OF YARMOUTH
• 0V BOARD OF APPEALS
e O NOT T DECISION
noter;y, C NOT
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COPY COPY
NOT
NOT
FILED WITH TOWN CLKRAC: June 6, 2000 AN
OFFICIAL OFFICIAL
PETITION NO: C 0 96 C O P Y. r
HEARING DATE: May 25,2000
PETITIONER: Siddharth Siddharth,Trustee dba Brentwood Motor Inn
PROPERTY: 961 Route 28,South Yarmouth
Map:42, Parcel:46 (36/T7) Zoning District:B1
MEMBERS PRESENT AND VOTING: David Reid,Chairman,James Robertson, John
Richards,Joseph Sarnosky,Diane Moudouris,Robert Reed, Alternate.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby,and to the public by
posting notice of the hearing and published in The Register,the hearing was opened and held on
the date stated above.
The petitioner seeks a Special Permit under§104.3.2, in order to remove and replace an existing
second floor deck near the front of their pre-existing non-conforming motel,and to add a 250
square foot second floor addition, which will contain additional office space. No change or
extension of the use is proposed.
The proposed deck will be an extension of the existing deck across the front of the building. It
will be accessible via an exterior stairway, which will not be available to the public or to
customers of the motel. The deck is shown on the petitioners plans filed with this Board,dated
October 30,1999, with revisions through March 23.2000. The proposed office addition would
be located above the existing motel office,and would be accessible only from said deck.The
petitioner represents that the existing first floor office and lobby area are inadequate for their
existing business and customer needs. The petitioner represents that the proposed additions
would not be more non-conforming than the existing building. The petitioners suggests that since
the proposed additions will remain within the existing footprint of the building,there should be a
presumption that they will not be substantially more detrimental.
Concerns were expressed by members of the Board, and by the Site Plan Review Team, that
there presently exists a large storage area on the second floor of the existing building also
adjoining the existing deck. The petitioners,through his attorney,assured the Board that this
existing second floor area is used only for storage and not for any customer or guest activities,
and that no change of use of this area is currently proposed. This area is not currently licensed for
functions or other uses. The petitioner acknowledges that any such change of use would require
-I-
w
�f
.
NOT NOT
additional approvals from this board, and perhaps from the aoitild of Selectmen and the Board of
Health, dependingcorEthc natuce of to Nse proposgl. Eflqweivec np aich,use of the second floor
area, nor of the deck, isjx pcse4 that this time, except Cfourpvigling a means of access to the
new office area on the second floor. They propose no use of the deck by any customers or guests
at this time. In response ttq c®neeerns of the Board, the petitioner tgreed that the exterior stairway
up to the new deck and ofle Nea will be gated and secured lei cider to prevent unauthorized use.
OFFICIAL OFFICIAL
A concern was also e6prassigdx,in the Site Plan Review de pr4z that the wooden fence and
landscaping in front of the motel, along Route 28, has not been maintain adequately. The
petitioner agreed to repair or replace this fence and maintain the landscaping as part of these
renovations.
The Board finds that the Special Permit may be granted, provided the representations as to the
use of the deck and office area are enforced. The deck and railing, having no activate use, will
serve primarily as an architectural feature of the building. The new office area appears to be a
nececsary and reasonable expansion of the building, which will not increase the use. The existing
first floor lobby and office area will remain in use. No additional units will be added. Should any
further use of the deck the proposed, additional relief will be required from this Board, and may
be required from other authorities.
Accordingly a motion was made by Mr. Richards, seconded by Mr. Sarnosky, to grant the Special
Permit as requested, and as represented, on the condition that the petitioner repair/replace and
maintain the Route 28 fence and plantings, and on the condition that the exterior stairway to the
deck be gaited and locked and accessible only to employees of the motel. The members voted
unanimously in favor of this motion. The Special Permit is therefore granted.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals
from th. • - ision shall be made pursuant to MGL c4OA §17 and must be filed within 20 days
after of this notice/decision with the Town Clerk.
David S. Reid, Clerk
-2-
N 0 T
}of Y 3 00(1,4
G AN TOWN OF YARMQ,U�'H
F F I C IAL TOWN CIFERK C IAL c
0 •:•-• • • COPY COPY
NOT NOT
AN AN
OFFICIAL OFFICIAL
COPY COPY
CERTIFICATION OF TOWN CLERK
I, George F. Barabe, 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#3609 and 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.
y1 4\
Goof 1u!
To ' J
T °tl
Clerkcertification.wpd
BARNSTABLE REGISTRY OF DEEDS
N 0 T N O T
A N A N
OFFICIAL OFFICIAL
COPY COPY
N O T N O T
A N ?? A N
�r cgoZorriAval of MAISAEHUSETT6 OFF ICIAL
TOwc OP YANWUTH COPY
OTT On TOWN
BOARD OF APPEALS
NOV 2 8 1972
19 72
NOTICE OF VARIANCE
Conditional or Limited Variance or Special. Permit
(General taws Chapter 40A, Section 18 as amended)
Notice is hereby given that a Conditional or Limited Variance or Special Permit has been granted
To..►�0$BPN...I,,...GJjU, ,.I
Owner or Poilkoor
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by the Town of Yarmouth Board of Appeals affecting the
rights of the owner with respect to the use of premises on
961 Rte. 28 , South Yarmouth , Massachusetts
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the record title standing in the name of
JOSEPH I . CHILLI
whose address is...9.6.L Rou.te..28.,...Sauxh..Yarlanath., .I4assach.usetts
sum Cit.or Tomo State
by a deed duly recorded in the...Bar.ns.tahle. County lit 15 K)6IX (;gI(J X.IGIili
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Certificate No—Aft—H . Book Page
Doc. No. }may -e 17f or
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DX X
in the olficc of the 'fou-n Clerk...... ..o.i..Yarmotath
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OL IAxE,.. JR Chairman
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19 at... o'clock and minutes ._..M.
Received and entered with the Register of Deeds in the County of
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ATTEST
Register of Deeds
Notice to be recorded by Land Owner.
FORM 1004 NOBBS $ WAII11tiN. INC.. NavIl$D CNAP1Ia swoons
OFFICE OF THE GOVERNOR
ate\ COMMONWEALTH OF MASSACHUSETTS
/ STATE HOUSE BOSTON,MA 02133
(617)725-4000
MAURA T.HEALEY KIMBERLEY DRISCOLL
GOVERNOR LIEUTENANT GOVERNOR
August 8,2023
The Honorable Alejandro Mayorkas
Secretary of Homeland Security
Washington,DC 20528
Dear Secretary Mayorkas:
I,Maura T.Healey,Governor of the Commonwealth of Massachusetts,do hereby
proclaim that there now exists in the Commonwealth a state of emergency due to rapid and
unabating increases in the number of families with children and pregnant people—many of them
newly arriving migrants and refugees—living within the state but without the means to secure
safe shelter in our communities. This state of emergency arises from numerous factors,among
them federal policies on immigration and work authorization,inadequate production of
affordable housing over the last decade,and the end of COVID-era food and housing security
programs. The need for action is urgent. The state of emergency arising from the shelter crisis
demands that I exercise my powers as Governor to protect all the residents of Massachusetts,
particularly those who lack access to safe housing.
Right now,more than 5,500 families,including very young children and pregnant people,
are living in emergency shelter and receiving supportive services from the state. Many of these
families are migrants to Massachusetts,drawn here because we are and proudly have been a
beacon to those in need. These families require help to obtain housing,food,medical care,
education,diapers,and infant formula. Some are fleeing imminent threats of violence. They all
have one thing in common. They are in danger of going without the most basic of human rights
in one of the most prosperous places on earth:the ability to lay their heads down in a safe place
every night with a roof over their heads and with access to fundamental human necessities. They
have called upon us to help give them shelter and the ability to work.
The people of Massachusetts have answered this call. Over 80 cities and towns across
ow state are hosting these families,including more than 1,800 families who currently are
residing in hotels and motels. I am proud of the work that our administration has undertaken to
keep many families safely housed. We have created thousands of new units of emergency
assistance housing,launched new shelter sites,including at Joint Base Cape Cod,and we have
created Family Welcome Centers to help provide services to those who need them. I am
heartened that Massachusetts and our administration have used all means at our disposal to make
the right to shelter a reality and to meet our moral responsibility to house our state's most
vulnerable residents safely.
But these efforts have not been enough. Over the past six months,the demand for
emergency shelter has skyrocketed. In March of this year,68 families per day were coming to
our field offices seeking assistance. By July,that number had jumped to over 100 families per
day. By comparison,in March of 2022,only 25 families per day came to our offices to request
help. Currently, shelter entries per month are more than double the number of entries per month
during the pandemic and roughly one-third higher than pre-pandemic levels. At the same time,
the number of families leaving emergency shelter for safe,permanent housing has dwindled.
The number of families exiting shelter has declined by nearly two-thirds since 2019. These
trends are driven by many factors, including a confusing tangle of immigration laws, an inability
for migrants to obtain work authorization from the federal government, an increase in the
number of people coming to Massachusetts, and the lack of an affordable housing supply in our
state.
Although Massachusetts is adding shelter units every week,without extraordinary
measures,we fear we will be unable to add capacity fast enough to place all eligible families
safely into shelter. Even though we are currently spending more than$45 million per month on
programs to help these families, our ability to create enough new shelter space and to provide
necessary supportive services is falling short. Simply put,we do not currently have the tools we
need to meet the rapidly rising demand for emergency shelter.
This is why I am today declaring that a state of emergency exists in Massachusetts, one
that demands a response by all levels of government. I am directing members of my
administration to continue to utilize and operationalize all means to secure housing, shelter, and
health and human services to address this humanitarian crisis.
To our partners in the federal government,Massachusetts has stepped up to address what
sadly has been a federal crisis of inaction that is many years in the making. But we can no
longer do this alone. We need federal partnership, federal funding, and urgent federal action to
meet this moment and to continue to serve some of our most vulnerable families. I urge you to
continue pressing Congress to take meaningful legislative action and separately, and importantly,
use all available executive power to remove the burdensome barriers keeping people from
getting work authorizations,address our outdated and punitive immigration laws, and provide
much needed financial assistance to help states like Massachusetts address this national issue.
These new arrivals desperately want to work, and we have historic demand for workers across all
industries.
To the cities and towns across the state,many of which have a rich history tied to waves
of immigrants settling within their borders,I am encouraging their communities to keep
welcoming those families who wish to resettle in all corners of Massachusetts. Likewise, to
charities,advocates,faith organizations, and providers, I will continue to affirm both my
gratitude for their efforts and the importance of their partnership as we help these families in
need through this crisis. And I will continue to commend the people of Massachusetts for
welcoming families into our community as neighbors—our collective compassion and inclusivity
is what makes Massachusetts the exceptional place that it is.
While this state of emergency continues, I will use all the powers granted to the Governor
to issue recommendations,directions, and orders to address the shelter crisis. These
recommendations,directions,and orders will assist with the protection of persons and property;
expedite the use of state resources; facilitate requests for aid and assistance from federal, state,
and local partners; and enable the immediate procurement and deployment of goods and services
necessary to ensure a prompt and effective response to and recovery from this moment of
extraordinary need.
But such actions by the Governor, individuals,organizations, and communities are only a
beginning. To respond to this crisis,we immediate federal intervention. Please heed this
collective call to action. Only by working together can we resolve this humanitarian crisis.
Sincerely yours,
Maura . Healey
Govern
cc: The Honorable Elizabeth Warren
The Honorable Ed Markey
The Honorable Richard Neal
The Honorable Jim McGovern
The Honorable Lori Trahan
The Honorable Jake Auchincloss
The Honorable Katherine Clark
The Honorable Seth Moulton
The Honorable Ayanna Pressley
The Honorable Stephen Lynch
The Honorable Bill Keating
The Honorable Andrea Joy Campbell
The Honorable Ronald Mariano
The Honorable Karen E. Spilka
Secretary Edward Augustus
Secretary Kate Walsh
Secretary Terrence Reidy
•
. .. .
tik Commonwealth of Massachusetts
i * EXECUTIVE OFFICE OF HOUSING &
, i.
! LIVABLE COMMUNITIES
/ Maura T. Healey. Governor • Kimberley Driscoll, Lieutenant Governor • Edward M. Augustus, Jr., Secretary,
DECLARATION — EMERGENCY ASSISTANCE FAMILY SHELTER
Pursuant to 760 CMR 67. 10, as Secretary of the Executive Office of Housing and Livable Communities, I
hereby declare that I have determined, as detailed herein, that the Emergency Assistance (EA) family
shelter system is no longer able to meet all current and projected demand for shelter from households
eligible for EA, considering the facts and circumstances presently existing in the Commonwealth.
I have made this determination based on the following facts and circumstances:
For the past year, the Emergency Assistance program in Massachusetts has been expanding at an
extraordinary rate to meet rising demand leading Governor Healey to declare a State of Emergency on
August 8, 2023. This demand has been driven primarily by surging numbers of newly arriving migrant
families, high cost and limited availability of housing, and reduced exits of families in long-term
emergency shelter stays. As of today, the Emergency Assistance program is in a projected FY24
deficiency and is expected to require expenditures beyond the appropriations from the FY24 General
Appropriations Act, and beyond the supplemental budget request filed by Governor Healey in September
2023, to fund the contracts and services to support the number of families currently in the system. As
further detailed below, further expansion is also unsustainable from a capacity and operational
perspective.
The FY24 General Appropriations Act appropriation for the Emergency Assistance program includes
funding to support 4,100 families and approximately 4,700 units. As of October 27, 2023, there were
7,268 families in the shelter system. This reflects a 77% caseload increase over the caseload contemplated
in the FY24 budget and is the largest number of families ever living in EA family shelters at one time
since the Department of Housing and Community Development (predecessor to the Executive Office of
Housing and Livable Communities) assumed responsibility for the Emergency Assistance program.
The Emergency Assistance program line item, 7004-0101, received a $325 million appropriation in the
FY24 General Appropriations Act, which was approved on August 9, 2023. That line item in the FY24
General Appropriations Act was consistent with the amount budgeted in the Governor's House 1 budget
recommendation filed in March, and was intended to support 4,100 families. As of September 2023,
when Governor Healey's supplemental budget request was filed, the number of families in the Emergency
Assistance shelter system exceeded 6,100. At the current time, the line item has approximately $535
million in commitments to pay through FY24, based on current caseload of 7,268 families in the shelter
system. This amounts to a projected FY24 deficiency in line item 7004-0101 of approximately $210
million, and this projected deficiency does not include additional resources needed for wraparound
services, school supports, and community supports.
At current rates of entries into and exits from EA shelter, the number of eligible families in shelter would
continue to increase to more than 13,000 households in shelter by fiscal year end (if sufficient shelter units
100 Cambridge Street, Suite 300 www.mass.gov
Boston, Massachusetts 02114 617.573,1100
could be found to accommodate that many households). With the average length of stay growing each
month (averaging 13.6 months as of the first quarter of FY24), the pressure on the Emergency Assistance
program will be long-term in nature, with the families entering shelter today expected to remain through
FY25.
The current rate of expansion in the Emergency Assistance program is unsustainable. Since January 2023,
EOHLC has engaged in extensive efforts to increase the number of shelter units to meet the need.
EOHLC entered into emergency contracts with service providers and sought shelter units across the
Commonwealth, with shelter units located in approximately 90 cities and towns. Given increasingly
critical provider shortages,the Governor called up 250 members of the Massachusetts National Guard to
serve at shelter hotels that would otherwise be unstaffed, lacking coordination of services for food, basic
needs, medical, and transportation.
It is no longer possible to secure additional space that is suitable and safe for use as shelter beyond a
capacity of 7,500 families.
The Commonwealth does not have enough space, service providers, or funds to safely expand shelter
capacity any longer. For the reasons described above, I determine that the maximum capacity of the
Emergency Assistance program is approximately 7,500 families.
Pursuant to 760 CMR 67.10, EOHLC is directed to issue appropriate guidance to implement this
declaration.
This Declaration shall be in effect from November 1, 2023, to February 28, 2024 and may be extended
pursuant to 760 CMR 67.10.
This Declaration shall be posted on EOHLC's website at Emergency Housing Assistance Programs
Mass.gov.
10-31-2023
3 c
0
tc.
ZONING BOARD OF APPEALS HEARING APPLICATION
REQUEST FOR ABUTTERS NOTIFICATION LIST
• Notices must be sent to the petitioner(applicant),abutters,and owners of land directly opposite on any public or
private street or way,and abutters to the abutters(only within 300 feet of the property line)of the petitioner as
they appear on the most recent applicable tax list.
• Postage charges for all applications are determined by the number of abutters(and the parcel(s)in question)times
.56 cents(which is the current cost for the two required mailings).
• Add the postage charges to the application fee and include your check with the application.
For postage charges,see Zoning Board of Appeals Administrator or provide the abutters map and lot
numbers below.
Applicant Name:
Property Address:
Map Number Lot Number Map Number Lot Number
Applicant
Abutters
2 Labels-1 Hard Copy
Assessors Field Card with photo Andy Machado,Director of Assessing