HomeMy WebLinkAbout5177 953 Route 28 Decision TC 06.09.25ARMOUTH TOWN CLERK RE
JUN 9125 AM11:40
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FILED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
June 992025
5177
May 22, 2025
Hanuman Darshan LLC
Hanuman Darshan LLC
953 Route 28, South Yarmouth, MA
(formerly 961 Route 28)
Map 42, Parcel 46
Zoning District: B-2
Certificate N231960
Document #1473891
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 Hanuman Darshan LLC. The Property is the site of the Harborside Suites hotel.
The Property is located in the B-2 Zoning District and the HMOD1 Zoning District and contains
a total of 45 guest rooms. The Petitioner seeks permission to use 16 rooms as seasonal employee
housing. This is equivalent to 35%' of the total number of guest rooms on the Property.
The Petitioner was represented by Attorney Garry Blank. The proposal requires a Special Permit
in accordance with Section 404.5.2 of the Yarmouth Zoning Bylaw because one of the conditions
for such housing by right set forth in Section 404.5.3 cannot be met. Specifically, while
employee housing of fifteen percent (I 5°-u) of the total number of rooms is allowed by right, the
proposal requests thirty-five percent (35%) of the rooms.
The seasonal employee housing will service several area businesses, including The Pancake Man
(located across the street from the Petitioner's hotel). Depending on the employer, employees of
other businesses will be shuttled to and from work in vans or travel by private motor vehicle,
bicycle or public transportation. There will be little vehicular trip generation nor negative impact
to traffic safety on Route 28 as a result of the proposal.
All applicable Board of Health and Commonwealth of Massachusetts regulations governing such
housing shall continue to be met. Maximum occupancy per room shall continue to meet health
codes.
Each room is provided with a microwave and a refrigerator. There is a communal kitchen for
cooking meals. The rooms with seasonal employee occupants will be cleaned weekly.
There are on -site, live-in property managers (a married couple) to ensure that all seasonal
employees are apprised of the rules and code of behavior prior to and during occupancy. Each
employee is required to sign a Code of Conduct, including:
1. Enforced quiet hours from 10:00 p.m. to 7:00 a.m. daily;
2. Overnight guests are prohibited;
3. Smoking is prohibited in the buildings and is allowed in designated smoking areas only;
4. There will be weekly room inspections; and
5. All bicycles must be placed in the designated bike racks.
One party submitted a letter of opposition and one party asked questions at the hearing.
The Applicant ensures that all seasonal employees temporarily housed at the site demonstrate
maintenance of a principal place of residence elsewhere. The Applicant keeps records of all
employees utilizing such housing, including name, permanent address, and length of stay.
The proposal will have no greater impacts to the neighborhood or Town than the existing hotel
use of the overall Property. The proposal will be in keeping with and compatible with the
character of the neighborhood and will not cause or contribute to any undue nuisance, hazard or
congestion in the neighborhood, zoning district or Town. There will be no building or parking
changes.
Based on the above, testimony received at the public hearing, and questions and answers with the
Board, the Board found that the proposal will not create any undue nuisance, hazard or
congestion, that there will be no substantial harm to the existing or future character of the
neighborhood or Town, and to the contrary, there is a significant benefit in providing seasonal
employee housing for local Yarmouth businesses.
Seasonal employee housing at the Property will not extend beyond October 31, 2025.
Accordingly, a motion was made by Mr. Fraprie, seconded by Mr. Martin, and voted 5-0 in
favor, to grant a Special Permit to authorize 35% of the hotel rooms (1 b) at the Property to be
used for seasonal employee housing for the 2025 season.
The members voted as follows: Mr. Martin -AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms.
Murphy -AYE; Chairman Igoe -AYE. The motion was voted 5-0 in favor. Therefore, the Special
Permit for seasonal employee housing for the 2025 season was approved.
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.-Aecision 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
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 #5177 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, CMMC, CMC