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Home My WebLink About5235 953 Route 28 Decision Certified 06.29.26YARM OUTH TOWN CLERK RE JUN 29'26 PH12:26 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER & PROPERTY OWNER: PROPERTY LOCATION: TOWN OF YARMOUTH BOARD OF APPEALS DECISION June 29, 2026 5235 May 28, 2026 Hanuman Darshan LLC 953 Route 28, South Yarmouth, MA (formerly 961 Route 28) Map 42, Parcel 46 Zoning District: B-2 Certificate #231960 Document #1473891 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, John Mantoni, Barbara Murphy, Timothy Scanlan, and Richard Scali 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 HMOD 1 Zoning District and contains a total of 45 guest rooms. The Petitioner seeks permission to use 23 rooms as seasonal employee housing. This is equivalent to 51 % 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 and Section 404.5.3 #9 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 seasonal employee housing of fifteen percent (15%) of the total number of rooms is allowed by right, the proposal requests up to fifty-one percent (51 °-o) 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. A TRUE COPY ATTEST. TAY'a —Mal CMC I TOWN CLERK JUL 2 0 2026 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. 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. The Yannouth Police Department reported no police calls to this address during the 2025 season. There were no public comments in favor or in opposition to the petition. 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. A motion was made by Mr. Mantoni and seconded by Ms. Murphy to grant the Special Permit for seasonal employee housing at the Property, subject to the following conditions: l . Seasonal employee housing shall be authorized for up to fifty-one percent (51 %) of the guest rooms on the Property, not to exceed a total of 23 rooms; 2. The Code of Conduct shall be enforced per the J 1 Motel Stay Rules submitted to the Board; and 3. Seasonal employee housing shall not extend beyond October 31, 2026. A TRUE COPY ATTEST: CM10 1 CMC 1 TOWN CLERK JUL 2 0 2026 The members voted as follows: Mr. Mantoni: AYE; Ms. Murphy: AYE; Mr. Scanlan: AYE; Mr. Scali: AYE; Chairman Igoe: AYE. The motion was voted 5-0 in favor. Therefore, the Special Permit with the stated conditions was granted. 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 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 #5235 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. Fk4e. ykw� - Mary A. Maslowski, MMC, CMMC JUL 2 0 2026 TRUE COPY ATTEST CMMO / CMC 1 TOWN CLFRK JUL 2 0 2026 g YAK COMMONWEALTH OF MASSACHUSETTS 0 TOWN OF YARMOUTH e BOARD OF APPEALS •,y��=.��-rya 0 b Petition #: 5235 Date: July 20, 2026 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 & PROPERTY OWNER: Hanuman Darshan LLC Affecting the rights of the owner with respect to land or buildings at: 953 Route 28, South Yarmouth, MA (formerly 961 Route 28); Map 42, Parcel 46; Zoning District: B-2; Certificate #231960; Document #1473891 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 filed, 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 TRUE Y ATTES : CM140 / CMC / TOWN CLERK Jill A A AAAP