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Home My WebLink About961 Route 28 (now 953) Previous Decisions 5069, 4532, 3609, 1151Previous Decisions 5069, 4532, 3609, 1151 Doc : 1 s 2S1 v 480 08-06--2014 11 : SO BARNSTABLE LAND COURT REGISTRY N O T N O T o >i F r r N TOWN OF YARMOUTA c I A LfidARDOFAMAISCOPY DECISION COPY N 0 T A N FILED WITH TOWN OLMM: bufy f4, 2014 C O P Y PETITION NO: 44532 N O T A N O F F I C I A L C O P Y HEARING DATE: June 26, 2014 PETITIONER: Nghia H. Huynh PROPERTY: 961 Route 28, South Yarmouth Map & Lot#: 0042.46; Zoning District: B-2 Dec. #: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 ownersOfpropertyasrequiredbylaw, and to the public by posting notice of the hearing and publishing inTheRegister, 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 propertylocatedat498Route28, 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 ofayear-round on -site residence for a property manager for the purpose of managing, maintaining andsecuringtheproperty. 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 criteriaoutlinedforOn -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 (sDofgrossfloorareaforupto2personsperunit. An additional 70 of grossfloorareaisrequiredforeachadditionalperson. Each property manager unit shallincludeakitchenorkitchenettewithrefrigerator/freezer combination, microwaveandstove (cooktop/oven combination) with hood. 4. On -site property manager units shall meet the definition of a dwelling unit per thebuildingcodeandallotherapplicablecodes. N 0 T N 0 T A N A N O F F I C I A L O F F I C I A L S. Creation 67aQivk11f'ng unit or renovations w9ula hRvdYto comply with the current edition of the Existing Building Code. Applicant to provide the BuildingCommissiokleetQOrrativefromaregisteredchipITofessionalindicatingwhichlevelofalterationIbe)qhave designed the project unckr.N6. On-6itPptppqrt,7C InageUnit shall tgget ell thetBLarq ogHtalth and State of Massacht setj rp+tions regarding buildiV a5d pryodes, health codes, watersupplyandwastewaterdisposal. Accordingly, on Motion made by Mr. Hart and seconded by Mr. Garrick 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 within20daysafterfilingofthisnotice/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. (Seebylaw, MCL c40A §9) Steven DeYoung, rman Wo TOWN OF YARMOUTH BOARD OF APPEALS N 0 T DECISION N 0 T A N A N F F I C I A L O F F I C I A L C O P Y C O P Y FILED WITH TOWN CLKP,# June 6, 2000 NAONT O F F I C I A L O F F I C I A L PETITION NO: C 0 NF 6? C 0 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 (36IT7) 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 W N O T N O T additional approvals from this Ward, and perhaps from the Roind of Selectmen and the Board of Health, dependingoDrEthg natu(p of tie apse propose. gI¢wWeC rT Webs use of the second floor area, nor of the deck, i!Cpreppw4 that this time, except Cforop oqing 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 tp c@ne rns of the Board, the petijoier agreed that the exterior stairway up to the new deck and ofte gfea will be gated and secured jp cider to prevent unauthorized use. O F F I C I A L O F F I C I A L A concern was also e6pr(5sspd n the Site Plan Review degor 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 raintain 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 necessary and reasonable expansion of the building, which will not increase the use. The existingfirstfloorlobbyandofficearea "I 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 mayberequiredfromotherauthorities. 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 rnotel. 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, is ion shalt be made pursuant to MGL cAOA §17 and must be filed within 20 days after frl' of this notice/decision with the Town Clerk. David S. Reid, Clerk 2-