HomeMy WebLinkAbout759 Route 28 Previous Decisions 5072, 5004, 4950, 4180, 2358, 1796Bk 36264 Pg349 #9621
03-15-2024 @ 01:29p
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
February 20, 2024
5072
February 8, 2024
Jennifer G. Stanley & Patrick J. Demko
PROPERTY: 759 Route 28, South Yarmouth, MA
Map 33, Parcel 35C
Zoning District: B-2 & HMOD-1
Title: Book 34837, Page 119
MEMBERS PRESENT AND VOTING: Vice Chair Sean Igoe, Jay Fraprie, John Mantoni,
Barbara Murphy, and Anthony Panebianco
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 Tires, the hearing opened and held on the date stated above.
The Petitioner is seeking a Special Permit to allow them to house seasonal employees in 100% of
their motel rooms, and to rely upon the tenant's employer to provide 3 meals each day for their
employees. In the alternative, the Petitioner also is seeking a Variance to allow this proposed use.
The Property is located in the B2 and HMO D-1 Zoning Districts and contains 1.42 acres of area,
with 153 feet of frontage on Route 28, and is improved with a 24 room motel built in
approximately 1955, with a manager's apartment, and outdoor picnic areas. There are no exterior
changes contemplated by this relief. Rattier, the relief sought pertains to the use of the property.
The Applicant, relying on Section 404.5.3 of the Zoning Bylaw, seeks to create Seasonal
Employee Housing at the property, by leasing 100% of the available rooms to employees of a
company which operates several motels in Yarmouth. In accordance with the Zoning Bylaw, the
applicant complies with 8 of the 10 conditions for the issuance of a one year Seasonal Employee
Housing permit.
Section 404.5.2 of the Bylaw states that if an Applicant cannot meet all the provisions outlined
therein as determined by the Building Commissioner, a Special Permit from the Zoning Board of
Appeals is required. In this case, the applicant cannot comply with conditions ## 8 and #E 9, which
state as follows:
A TRUE COPY ATTEST.
MAR 12 2024
6 Previous Decisions:
5072, 5004, 4950, 4180, 2358, 1796
Bk 36264 Pg350 #9621
8. All employees shall have access to cooking facilities, which shall include at a
minimum a microwave, sink, cooktop and refrigerator/freezer.
9. No more than 15% of any hotel or motel rooms at a single parcel may be used for
employee housing.
The Property does have 3 guest rooms with fiill kitchens, but the remaining 21 guest rooms do
not. However, the employer in this case provides meals for each its employees, and a letter to
that effect was submitted to the Board. In addition, the leasing of all of the rooms nets afoul of
the 15% rule recited in the bylaw. However, the current housing crisis for temporary employees
or entry level workers here on Cape Cod has reached crisis level. The Board recognized the need
to house seasonal employees, some of whom are earning minimum wage, or even considerably
more, and who are unable to break into either the rental housing market, or purchase housing
market.
No parties spoke in opposition to the proposal. The relief sought is identical to the relief issued in
Zoning Board of Appeals Decision 4950 in 2022 and Decision 5004 in 2023. The Board was
supportive of the relief to be granted, and agreed that the use of motel rooms at the site would not
be substantially more detrimental to the town or neighborhood than the existing use as a
traditional motel. In addition, there would be no undue nuisance, hazard or congestion created
and there would be no substantial Kann to the established or future character of the neighborhood
or town.
Although understanding that the Zoning Board of Appeals was being asked to vary significantly
from the current requirements of the Zoning Bylaw, it understood the urgency of the request
based on the current housing crisis facing employees and employers in Yarmouth.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Manton, to grant the Special
Permit as requested, with the condition that it will only be valid for one calendar year,
commencing on the date that this Decision is recorded at the Barnstable County Registry of
Deeds. The members voted unanimously in favor of the motion.
The applicant moved and was allowed to withdraw the request for relief in the farm of a
Variance, as it was the consensus of the Board that no such relief was needed. The members
voted unanimously in favor of the motion.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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 § 103.2.5. MGL c40A §9)
Sean Igoe, Vice Chair
A 'rC U E COPY ATTEST:
MAR 12 2024
FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
03=24-2023 I0; 06a v t s4u i $'4 . >:
TOWN OF YARMOUTH
BOARD OF. APPEALS
DECISION
February 28, 2023
5004
February 23, 2023
Jennifer G. Stanley & Patrick J. Demko
PROPERTY. 759 Route 28, South Yarmouth, NIA
Map 33, Parce135C
Zoning District: B-2 & HMOD-I
Title: Book 34837, Page 119
MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Dick Martin and Jay
Fraprie
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 Tinzes, the hearing opened and held on the date stated above -
The Petitioner is seeking a Special Permit to allow them to house seasonal employees in 100% of
their motel moms, and to rely upon the tenant's employer to provide 3 meals each day for their
employees.
The Property is located in the B2 and HMOD-I Zoning Districts and contains 1.42 acres of area,
with 153 feet of frontage on Route 28, and is improved with a 24 room motel built in
approximately 1955, with a manager's apartment, and outdoor picnic areas. 'There are no exterior
changes contemplated by this relief: Rather, the relief sought tonight pertains to the use of the
property.
The Applicant, relying on Section 404.5.3 of the Zoning Bylaw, seeks to create Seasonal
Employee Housing at the property, by leasing 100% of the available rooms to employees of a
company which operates several motels in Yarmouth. In accordance with the Zoning Bylaw, the
applicant complies with 8 of the 10 conditions for the issuance -of a one year Seasonal Employee
Housing permit. Section 404.5 2 of the Bylaw states that if an Applicant cannot meet all the
provisions outlined therein as determined by the Building Commissioner, a Special Permit from
the Zoning Board of Appeals is required. In thus case, the applicant cannot comply with
conditions # 8 and # 9, which state as follows:
A TRUE COPY ATTEST:
MAR 3 203
8. All employees shall have access to cooking facilities, which shall include at a
minimum a microwave, sink, cooktop and refrigerator/freezer.
9. No more than 15° q of any hotel or motel rooms at a singly parcel may he used for
employee housing.
The Property does have 3 guest rooms with full kitchens, but the remaining 21 guest rooms do
not. However, the employer in this case provides meals for each of its employees, and a letter to
that effect was submitted to the Board. In addition, the Ieasing of all of the rooms runs afoul of
the 15% rule recited in the bylaw. However, the current housing crisis for temporary employees
or entry level workers here on Cape Cod has reached crisis level. The Board recognized the need
to house seasonal employees, some of whom are earning minimum wage, or even considerably
more, and who are unable to break into either the rental housing market, or purchase housing
market.
No parties spoke in opposition to the proposal. The relief sought is identical to the relief issued in
Zoning Board of Appeals Decision 4950 in 2022. The Board was supportive of the relief to be
granted, and agreed that the use of motel rooms at the site would not be substantially more
detrimental to the town or neighborhood than the existing use as a traditional motel. In addition,
there would be no undue nuisance, hazard or congestion created and there would be no
substantial harm to the established or future character of the neighborhood or town,
Although understanding that the Zoning Board of Appeals was being asked to vary significantly
from the current requirements of the Zoning Bylaw, it understood the urgency of the request
based on the current housing crisis facing employees and employers in Yarmouth. The Petitioner
was urged to speak with the Yarmouth Planning Board to have the Zoning Bylaw amended or
supplemented to allow requests such as this.
Accordingly, a motion was made by Mr. Igoe, seconded by Mr. Martin, to grant the Special
Permit as requested, with the condition that it will only be valid for one calendar year,
commencing on the date that this Decision is recorded at the Barnstable County Registry of
Deeds, and that the applicant retuni in one year's time to review this Special Permit. The
members voted, by roll call, unanimously in favor of the motion as follows: .
Mr. DeYoung AYE
Mr. Igoe AYE
Mr. Fraprie AYE
Mr. Martin AYE
The applicant moved and was allowed to withdraw the request for relief in the form of a
Variance, as it was the consensus of the Board that no such relief was needed. The members
voted unanimously in favor of the motion.
A TRUE COPY .ATTEST:
LIAR 2 3 2D 3
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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 § 103.2.5, MGL c40A §9)
Steven DeYoung, Chair
CERTIFICATION OF TOA" 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 #5004 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. iv aslowski
MAR 2 3 2023
A TRUE COP TTEST
A 4-
C
MAR'
Bk 35209 Pg155 #32424
06-24-2022 @ 01 : 33p
4.
4_ TOWN OF YARMOUTH
t BOARD OF APPEALS
V
DECISION
grn5..-:
FILED WITH TOWN CLERK: May 20,2022
PETITION NO: 4950
HEARING DATE: April 28,2022
PETITIONER: Jennifer G. Stanley & Patrick J. Demko
PROPERTY:759 Route 28,South Yarmouth,MA
Map 33, Parcel 35C
Zoning District: B-2 & HMOD-1
Title: Book 34837, Page 119
MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Doug Campbell,Megan Homer
and Jay Fraprie
Notice of the hearing has been given by sendingnotice 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 Cud Times,the hearing opened and held on the date stated above.
The Petitioner is seeking a Special Permit to allow them to house seasonal employees in 100% of
their motel rooms, and to rely upon the tenant's employer to provide 3 meals each day for their
employees.
The Property is located in the B2 and HMOD-1 Zoning Districts and contains 1.42 acres of area,
with 153 feet of frontage on Route 28,and is improved with a 24 room motel built in
approximately 1955, with a manager's apartment, and outdoor picnic areas. There are no
exterior changes contemplated by this relief. Rather,the relief sought tonight pertains to the use
of the property.
The Applicant, relying on Section 404.5.3 of the Zoning Bylaw, seeks to create Seasonal
Employee Housing at the property, by leasing 100%of the available rooms to employees of a
company which operates several motels in Yarmouth. In accordance with the Zoning Bylaw,the
applicant complies with 8 of the 10 conditions for the issuance of a one year Seasonal Employee
Housing permit. Section 404.5.2 of the Bylaw states that if an Applicant cannot meet all the
provisions outlined therein as determined by the Building Commissioner,a Special Permit from
the Zoning Board of Appeals is required. In this case,the applicant cannot comply with
conditions# 7 and #8, which state as follows:
A TRUE COPY ATTEST:
44,./),teltalT1-441-044 .
CM"JiC/CMC/TOWN CLERK
ii t&i I a a***
Bk 35209 Pg156 #32424
7. All employees shall have access to cooking facilities, which shall include at a
minimum a microwave, sink, cooktop and refrigerator/freezer.
8. No more than 15% of any hotel or motel rooms at a single parcel may be used for
employee housing.
The Property does have 3 guest rooms with full kitchens;but the remaining 21 guest rooms do
not. However, the employer in this case provides meals for each of its employees, and a letter to
that effect was submitted to the Board. In addition, the leasing of all of the rooms runs afoul of
the 15%rule recited in the bylaw. However, the current housing crisis for temporary employees
or entry level workers here on Cape Cod has reached crisis level. The Board recognized the need
to house seasonal employees,some of whom are earning minimum wage,or even considerably
more, and who are unable to break into either the rental housing market, or purchase housing
market. Even J1 Students, of which there are many this year, need to have housing arranged or
their arrival to work will not be permitted:
No parties spoke in opposition to the proposal. The Board was supportive of the relief to be
granted, and agreed that the use of motel rooms at the site would not be substantially more
detrimental to the town or neighborhood than the existing use as a traditional motel. In addition,
there would be no undue nuisance, hazard or congestion created and there would be no
substantial harm to the established or future character of the neighborhood or town.
Accordingly, a motion was made by Mr. Fraprie, seconded by Ms. Homer, to grant the Special
Permit as requested,with the condition that it will only be valid for one calendar year,
commencing on the date that this Decision is recorded at the Barnstable County Registry of
Deeds. The members voted,by roll call, unanimously in favor of the motion as follows:
Mr. Igoe AYE
Mr. Fraprie AYE
Ms. Homer AYE
Mr. Campbell AYE
The applicant moved and was allowed to withdraw the request for relief in the form of a
Variance, as it was the consensus of the Board that no such relief was needed. The members
voted unanimously in favor of the motion.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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
103.2.54 MGL c40A §9)
Seal go , Chairman A TRUE COPY ATTEST:
rl
WIA-dthri-441
t MMC ''MC I TOWN CLERXC
JUN 1 1 2022
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: March 17, 2008
PETITION NO.
HEARING DATE:
PETITIONER:
PROPERTY:
4180
March 13, 2009
Carey Commercial -Chuck Carey
YARMOUTH
TOWN r-! cRK
7'3 RR 17 Pii 2: 43
RECE`IIV,, ED
A ,
759 Route 28, South Yarmouth (Former Yarmouth Condominiums)
Map and Parcel: 0033.35 Zoning District: B2
MEMBERS PRESENT AND VOTING: David S. Reid, Chairman, Joseph Sarnosky, Diane
Moudouris, Sean Igoe, Renie Hamman and Steve DeYoung, 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 applicant seeks a Variance from bylaw §303, to allow a real estate business logo on sign
announcing that the motel property was sold. The sign proposed does not conform to the sign code
bylaw.
Prior to the commencement of a hearing on the merits, the petitioner requested of the Board leave to
withdraw this petition, without prejudice. The applicant has since removed the sign. Since no
objection to the request was made, a motion was made by Mrs. Hammon seconded by Mr. Samosky,
to allow the petition to be withdrawn, without prejudice. The Board members voted unanimously in
favor. The petition was withdrawn without prejudice.
David S. Reid, Clerk
Board of Appeals
TOWN OF YARMOUTH
BOARD OF APPEALS
t
FILED WITH TOWN CLERK: Vtl T
PETITIONER: The Yarmouth, Inc. RFC „r_n
Y
759 Main Street
9 South Yarmouth, MA '86 OCT 17 P3 :18
Dh
Hearing Date: 9/11/86
Petition No: 2358
DECISION
T I t C
I'HOiITIi
The petitioner requested a special permit tbYa"llowl''theico`nvethsion of The Yarmouth Motel
to a condominium form of ownership to be known as The Yarmouth Condominium to be sold
and occupied on an interval ownership or timeshare basis. Located at 759 Main Street
So. Yarmouth, _ also ahown'on Assessor's Map927 Lot X1.
Members of Board of Appeals present: Donald Henderson, David Oman, Fritz Lindquist,
Judith Sullivan, Leslie Campbell.
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 that public notice of such hearing having been given by publication in The Register
on 8/28/86 and 9/11/86, the hearing was opened and held on the date first above written.
The following appeared in favor of the petition: Atty. Murphy; Mrs. Symanski; Planning
Board
The following appeared in opposition:
REASON FOR DECISION:
This petition was filed by Petitioner, who owns the locus premises, generally referred to
as the Yarmouth Motel.
The subject property consists of approximately 61,683 square feet, and is situated on the
south side of Route 28, South Yarmouth. The property consists of two (2) buildings,
containing twenty-four (24) motel -type units. There are a total of three (3) kitchen.
facilities contained within the various units.
The Petitioner seeks a special permit to change the premises to a Condominium form of
ownership pursuant to f104.4, so that after conversion there will he n total of twenty-four
24) units as shown on the plans hereinafter described.
The Petitioner has appeared before the Site Plan Review Committee, and we have a list of 1
their comments and recommendations, all which appear to have been adhered to by the
Petitioner.
In determining whether to issue a Special Permit under §103.2, this Board must determine
that no undue nuisance, hazard or congestion will be created and that there will be no
substantial harm to the established or future character of the neighborhood or town.
Specifically, as to i104.4, the Board must find that there is no change in use, that the
condominium documents define the use and provide proper management authority to comply
with public health and safety requirements. As to 6104.3.2, the Board must find that
the change will not be substantially more detrimental to the neighborhood than the existing
non -conforming use. In reviewing Petitionr's proposal, we note the following:
A. The premises will be operated on a seasonal basis from February 15th to December 15th
of each year;
B. The units will be upgraded and new landscaping provided thus definitely improving the
visual aspects of this site;
C. That fully engineered plans and specifications to bring the septic system up to present
Town and State standards, if the present system fails have been prepared;
2-
Petition 02358
D. The condominium documentation provides fora clear definition of the uses, and
provides authority for the Condominium Trustees to comply with health and safety
requirements, as suggested by the Site Plan Review Committee:
E. Interval ownership, or time sharing, ensures that the premises will continue to
operate as a motel use with the occupants of each unit changing on a weekly or
bi-weekly basis;
Based on the foregoing, this Board determines that the requirements as setforth in $103.2
and 1104.3.2 have been satisfied and that no undue nuisance, hazard or congestion will be
created and that there will be no substantial harm to the character of the neighborhood or
town, and that the requirements of f 104.4 relative to conversion to condominium form of
ownership have been met.
Based on the foregoing, the Board makes the following decision:
1. To permit the conversion of said property to a condominium form of ownership with said
property to consist of twenty-four (24) units within the main motel structure, three
units with kitchen facilities as described at the hearing to include refrigerator, sink,
and two burner stove all as shown on plans hereinafter described and further that said
Condominium is to be sold and occupied on an interval ownerhip or timeshare basis.
2. To permit the conversion of said property to a condominium form of ownership pursuant
to 1 104.4, to be operated and sold on a time-share or interval ownership basis.
3. The parking required is 27 spaces as shwon on the plans hereinafter described.
This decision is specifically predicated upon the following restrictions and condidition: '
1. That the twenty-four (24) units, being condominium units i through 25, are in no event
to be used more than forty (40) weeks per year and may not be occupied during the period
frort December 16th•through February 14th of each winter. This restriction shall be
setforth in the Master Deed, and any violation of the same, will render this Special
Permit void. t
2. Delete parking spaces numbered 1,2 and 3 as shown on the hereinafter described plan and
in their place as well as along Route 28 install. a twenty (20') foot wide buffer in
accordance with present by-law requirements, said work to he completed by March 15. 1987.
3. The repair and maintenance of the sewerage system, as well as use and maintenance of
the pool, must be specifically the responsibility of the Trustees of the Condominium
Trust, who shall be specifically empowered to implement this ::ec•tion.
4. That all improvements made on the site must comply with the following described plans
which have been filed with the Yarmouth Board of Appeals:
Plan of Land in Yarmouth as surveyed for Robert .1. Ostellino etu:c Scale I IN.- 30 FT.
July, 1986 William N. Rogers, Registered Civil Engineers 6 Land Surveyors, Off Cemetery
Road, Provincetown, MA.
5. No person is to occupy a unit for more than two (2) consecutive weeks at a time.
6. The unimproved area to the south side of the premises between the motel building and
Pawkannawkut Drive as well as land of Walter M. Szymanski is to remain in its natural
state.
7. A septic system designed in accordance with the provisions of Title V and acceptable
to the Board of Health to serve the premises is to be installed by March 15, 1987.
Members of the Board voting in favor: Donald Henderson, David Oman, Fritz Lindquist,
Judith Sullivan, Leslie Campbell.
Therefore, the petition for approval and/or special permit is granted.
No permit is issued until twenty (20) days from date of filing decision with the Town Clerk.
Fritz Lindquist, Clerk
TOWN OF YARMOUTH
BOARD OF APPEALS
Filed with Town Clerk: WV 16 1981 Hearing Date: 11/12/81
Petitioner: Kenneth F. 6 Lo-Lene Cowgill Petition No.: 1796
759 Route 28
South Yarmouth, Mass.
DECISION
The petitioner requested a variance and/or a special permit from the Board of
Appeals to allow the enclosure of an existing overhang to an existing motel too close
to sideline. Property located at 759 Route 28, S. Yarmouth, Mass., known as the
Yarmouth Motel, said motel having been in existence for over 20 years. Property shown
on Assessors map U27-X1, being in the Highway Commercial District.
Members of Board of Appeals present: Donald Henderson, David Oman, Myer Singer,
Thomas George, Joseph Pandiscio.
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 that public notice of such hearing having been given by publication in
the Yarmouth Sun on 10/28/81 and 11/4/81, the hearing was opened and held on the date
first above written.
The following appeared in favor of the petition: Mr. 6 Mrs. Cowgill, petitioners.
The following appeared in opposition: None.
Reasons for decision:
This is to enclose a present overhang, which enclosure will become the office,
thus removing the existing office from the living quarters. The construction is on the
interior portion of the lot and will not infringe on any lot lines. There will be no
increase in traffic or space use for tenants, nor will there be any additional nuisance,
hazard or congestion. The Board voted unanimously to allow petitioner's request.
Members of Board voting: Donald Henderson, David Oman, Myer Singer, Thomas George,
Joseph Pandiscio.
Therefore, the petition is granted as requested for the above stated reasons.
No permit issued until 20 days from the date of filing the decision with the Town Clerk.
ROBERT W. SHERMAN
Clerk
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