HomeMy WebLinkAbout5169 759 Route 28 Decision Certified 04.25.25YARNOUTH TOWN CLERK RE
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
April 25, 2025
5169
April 10, 2025
Spinner's Inn S Yarmouth LLC
Jennifer G. Stanley and Patrick J. Demko
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, 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.
The Petitioner is Douglas Koenig of Spinner's Inn S Yarmouth LLC and represented by Attorney
Bernard Kilroy. The Petitioner is seeking a Special Permit to allow them to house seasonal
employees in 1000,o of their motel rooms, and to rely upon the tenant's employer to make
arrangements 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 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°.0 of the available rooms to employees of a
company which operates the Chatham Bars Inn. The seasonal employees will be transported to
and from the Chatham Bars Inn via a shuttle van.
In accordance with the Zoning Bylaw, the applicant complies with 7 of the 10 conditions for the
issuance of a one year Seasonal Employee Housing permit. g7-==
C 1 CMC -ITOWN CLERK
MAY 16 2025
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 #1, #8 and #9,
which state as follows:
1. A Seasonal Employee is considered to be an employee that is employed in
Yarmouth for no more than seven (7) months between April 1 st and October 3 l st
annually.
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 151-o 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 has made arrangements to provide meals for each of its
employees. In addition, the leasing of all of the rooms runs afoul of the 15% rule recited in the
bylaw.
The Board had concerns about housing seasonal employees for a business not located in
Yarmouth. However, the motel is a Yarmouth business and the Board recognized the Petitioner's
need to generate income while he makes improvements to the property for the 2026 season. The
Petitioner testified that he will not return to the Board to request seasonal employee housing
again.
Two parties spoke in support of the petition. No parties spoke in opposition.
The relief sought is similar to the relief issued in Zoning Board of Appeals Decision 4950 in
2022, Decision 5004 in 2023, and Decision 5072 issued in 2024 except for the additional relief to
allow seasonal employees of the Chatham Bars Inn to be housed in all 24 rooms at the Property.
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 and seconded by Mr. Mantoni, 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.
A TRUE COPY ATTEST.
CMG ! TOWN CLERK
MAY 16 2025
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, Chairman
CERTIFICATION OF TOWN 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 #5169 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.
I
Mary A. Maslowski, CMMC, CMC
MAY 16 2025
TRUE COPY ATTEST
h��a- Atdhu4>Fa
C i CMC / TOWN CLERK
MAY 16 2025
k-l"P016
COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 5169 Date: May 16, 2025
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:
PETITIONER: Spinner's Inn S Yarmouth LLC
PROPERTY OWNER: Jennifer G. Stanley and Patrick J. Demko
Affecting the rights of the owner with respect to land or buildings at: 759 Route 28, South Yarmouth, MA;
Map 33, Parcel 35C; Zoning District: B-2 & HMOD-1; Title: Book 34837, Page 119 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 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 tiled, 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.
Sean Igoe, Chairman
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CM—W,j I CMC 1 TOWN CLERK
MAY 16 2025