03/23/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS • EXECUTIVE SESSION MINUTES MARCH 23, 2011 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, March 23, 2011 at 7:00 p.m. (Conference Room #3) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, John M. Dorsey and Associate Members Ronald S. Bonvie and Judith M. Horton were present. Attorney Patrick Costello attended as legal consult for the Board. Associate Peter R. Hinden 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. Nelson, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Dorsey, yes. Mr. Bonvie, yes. Ms: Horton, yes. Mr. Reiffarth, yes. At 8:05 p.m., meeting was adjourned to Executive Session. Discuss Pending Litigation: Affordable Housing Association of New England vs. • Mashpee Zoning Board of Appeals regarding property located at 72 — 72A Main Street, Mashpee, MA. Barnstable Superior Court Docket No. BACV2008-00517. Attorney Costello said that the trial date for this case is set for April 27, 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 Zoning By-laws. The owner/operator of this property continues to use the facility as a motel. Attorney Costello said that Building Commissioner Richard Stevens and Health Agent Glenn Harrington conducted investigations of complaints lodged by abutting neighbors. After review of the room reservation logs, it was discovered that there 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 accommodate people in need of affordable housing. Mr. Stevens issued a Cease and Desist enforcement order stating that the use of the property was not consistent with the use of a `motel', as the term `motel' has been traditionally defined. This order was appealed to the ZBA. The ZBA upheld the Building Commissioner's opinion that the use of this property was not consistent with the pre-existing, non -conforming use: a motel. •Attorney Costello said that Barnstable Superior Court recently filed a judgment against owners of a Yarmouth motel prohibiting them from accepting new long-term occupants. He said that the distinction between Mashpee and Yarmouth is that Yarmouth has By-