5069 961 Route 28 Harborside Suites Violation NoticeTOWN OF YARMOUTH
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 ext. 1261 Fax 508-398-0836
Office of the Building Commissioner
VIOLATION NOTICE
Hanuman Darshan 11C
707 South Washington St
North Attleboro. MA 02760
RE: 961 Route 28 - Motel use
To Whom it May Concern,
October 11, 2023
This letter constitutes a formal enforcement order under MGL Ch 40A, the 'Zoning Act, This notification is to
advise you of zoning violations at your motel located at 961 Route 28.
The tenancy at your motel exceeds the transient limits imposed by the Yarmouth Zoning Bylaws for motels. It
is understood after discussions with the owner and owners representatives that 24 or more rooms are being
occupied by non -transient occupants, which is a direct violation of a motel use in the Town of Yarmouth as
defined in the Yarmouth Zoning Bylaw.
Under the Town's zoning bylaws, motels are limited to transient occupancy which is defined as a stay of 30
days or less:
TRANSIENT, at Motelc or Holely- For puly)"es of'the limitations ofmotel or hotel use, Transient occupancy
shall be limited to the temporary and short term occupancy, ordinarily and customarily associated with motel
and hotel use. Transient occupants must h"Lv, and he able to demonstrate that they, maintain, a principal place
of residence elsewhere. Transient occupancy shall generally refer to continuous occupancy of not more than
thirty (30) days, and an aggregate ofnot more than ninety (90) days within any six (6) month period. Use of a
guest unit as a residence, or dwelling unit, shall not he considered transient. This def ninon does not apply to
On -Site Property Managers a/ Motely/Hotels.
The town does recognize that the occupancy of the hotels may be pursuant to statutes which guarantee
required beyond thirty days. Moreover, documentation supplied by the Commonwealth
emergency shelter housing. However, it has not been demonstrated to the Town that emergency shelter is
requires that shelter
facilities comply with local zoning bylaws,all
You .may appeal my orders under the Zoning Act and Yarmouth Zoning Bylaws to the Yarmouth Zoning Board
of Appeals in accordance with G.I, c. 40A, within 30 days of this letter.
If you feel that the circumstances described herein are not accurate, please provide me with proof to the
contrary within said thirty days,
40'rylls
Director of Inspectional Services / Building Commissioner
Torn of Yarmouth
C: Town Counsel, Town Administrator, YFD, YPD, Health Dept. ZBA