HomeMy WebLinkAboutBoard of Appeals Decision 2025H T&IN CLERI( RE
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FTLED WITH TOWN CLERK:
PETITION NO:
HEARING DATE:
PETITIONER:
PROPERTY OWNER:
PROPERTY LOCATION:953 Route 2E, South Yarmouth, MA
(formerty 961 Route 2t)
Map 42, Parcel 46
Zoning Dlstrict: B-2
Certificate #231960
Document #1473t91
Notice ofthe hearing has been given by sending notice thereofto the Petitioner and all those owners
ofproperty as required by law, and to the public by posting notice ofthe 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 Propcrty is the site ofthe Harborside Suites hotel.
The Property is located in the B-2 Zoning District and the HMODI Zoning District and contains
a total of45 guest rooms. The Petitioner seeks permission to use l6 rooms as seasonal employee
housing. This is equivalent to 359o of the total number ofguest rooms on the Property.
The Petitioner was represerted by Attomey Garry Blank. The proposal requires a Special Permit
in accordance with Section 404.5.2 ofthe Yarmouth Zoning Bylaw because one ofthe conditions
for such housing by right set forth in Section 404.5.3 cannot be met. Specifically, while
employee housing offiffeen percent (1590) 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 neS,ative impact
to traffic safety on Route 28 as a rcsult ofthe proposal.
June 9, 2025
5177
Mry 22,2025
Hanuman Dushan LLC
Hanuman Dershan LLC
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
MEMBERS PRESENT AND VOTING: Chairmgn Sean fgoe, Dick Martin, Jry Fraprie,
John Mantoni, and Brrbara Murphy
All applicable Board of Health and Commonwealth of Massachusetts regulations goveming such
housing shall continue to be met. Maximum occupancy per room shall continue to meet health
codes.
There are on-site, live-in property managers (a manied couple) to ensure that all seasonal
employees are apprised ofthe rules and code ofbehavior prior to and during occupancy. Each
employee is required to sign a Code ofConduct, including:
L Enforced quiet hours from l0:00 p.m. to 7:00 a.m. daily;
2. Ovemight 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.
The Applicant ensures (hat all seasonal employees ternporarily housed at the site demonstrate
maintenance ofa principal place ofresidence elscwhere. The Applicant keeps records ofall
employees utilizing such housing including name, permanent address, and lenglh ofstay.
The proposal will have no greater impacts to the neighborhood or Town than the existing hotel
use ofthe 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
congeslion 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 ofthe
neighborhood or Town, and to lhe contrary, there is a significant benefit in providing seasonal
anployee housing for local Yarmouth businesses.
Seasonal employee housing at the Property will not exlend beyond October 31, 2025
Accordingly, a motion was made by Mr. Fraprie, scconded by Mr. Martin, snd voted 5-0 in
favor, to grant a Special Permit to authorize 35% of the hotel rooms (16) at the Propedy to be
used for seasonal employee housing for the 2025 season.
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.
One party submitted a letter ofopposition and one party asked questions at the hearing.
The members voted as follows: Mr. Martin-AYE; Mr. Fraprie-AYE; Mr. Mantoni-AYE; Ms.
Murphy-AYE; Chairman lgoe-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 l7 and must be filed within 20
days after filing of this nolice'decision with the Town Clerk. Unless otherwise provided herein,
the Special Permit shall lapse ifa substantial use thereofhas not begun within 24 months. (See
bylaw $ I03.2.5,MGL A $e)
Sean lgoe, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby ceniry that 20 deys have
elapsed since the filing with me ofthe above Board of Appeals Decision #5177 lhal no notice of
appeal of said decision has been filed with me, or, if such appeal has bcen filed it has been
dismissed or denied. All appeals have been exhausted.
Mary A. Maslowski, CMMC, CMC