3/23/2011 ZONING BOARD OF APPEALS Executive Session

Home Browse Search

} MASHPEE ZONING BOARD of APPEALS EXECUTIVE SESSION MINUTES ' MARCH 23, 2011 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, March 2 , 'toll at :00 p.m. (Conference Room #3) at the Mashpee Town Hall, 16 Great beck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James l eiffarth, John M. Dorsey and Associate Members Ronald S. Bon ie and Judith M. Dorton were present. Attorney Patrick Costello attended as legal consult for the Board. Associate Peter R. Minden was not present. After.the Public Hearings, Mr. Nelson made a motion to adjourn to Executive Session to discuss pending litigation with Attorney Costello. Mr. Nelson also announced that Open Session will not reconvene. Votes: Mr. Felson, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Dorsey, yes. Mr. onie, yes. Ms. Horton, yes. Mr. Reiffarth, yes. i At 8:05 p.m., meeting was adjourned to Executive Session. EXECUTIVE SESSION Discuss Pending Li i afi n: Affordable Housing Association of New England vs. Mashpee Zoning Board of Appeals regarding property located at.72 — 72A Main Street, Ma hpee, MA. Barnstable Superior Court Docket No. ACV200 -o 1 . Attorney Costello said that the finial date for this ease is set for April 2 , 2011. He reiterated that this is a pre-existing use and has grandfathered-use status. The motel has been operating for decades and predates the ZoningBy-laws. The owner/operator of this property continues to use the facility as a motel. . Attorney Costello said that wilding.Commissioner Richard Stevens and Health Agent Glenn Iam*ngton conducted investigations of complaints lodged by abutting neighbors. After review of the room reservation logs, it was discovered that- here were long-term occupants- residing in the motel. Attorney Costello pointed out that many of the occupancies were in character with a traditional New England motel. He said that motels on Cape Cod are frequently occupied by long-term residents, an unfortunate development that has evolved over the last couple of decades. He-said that, in many instances, the state is subsidizing the long-term, seasonal residencies in motels to accommdte people in need of affordable housing. Mr. Stevens issued a Cease and Desist enforcement order stating that the use ofthe property was not consistent with the use of a `motel', as the term `motel' has been traditionally defined. This order was appealed to the Z A. The Z A upheld the Building Commissioner"s opinion that the use of this property was not consistent with the pre-existing, non-conforming use. motel. Attorney Costello said that Barnstable Superior Court recently filed a judgment against owners of a Yarmouth motel prohibiting then from accepting new long-term occupants. e'said that the distinction between Mashpee and Yarmouth is that Yarmouth has y-