05/25/2011 ZONING BOARD OF APPEALS Minutes

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Id MASHPEE ZONING BOARD OF APPEALS MAY 25, 2011 MINUTES • Attorney Costello said that in 2007/2008 the Building Commissioner determined that the Petitioner was not operating his business in the strict sense of a motel as described in the 6's edition of the State Building Code defmition. That Code described a motel as occupants primarily residing for less than 30 days. A year after the Petitioner appealed the Building Commissioner's determination, the State Building Code was amended. The Code now includes definition of two types of motels — long-term and transient. Long-term motels are specifically allowed by the Building Code for use in excess of 30 days. Attorney Costello summarized some of the details of the settlement agreement. The Fire Department is satisfied with the settlement agreement. The fire lanes are clearly marked. The septic system is capable of handling the increase in motel occupants. Attorney Costello said that the agreement will limit use of the number of units occupied by long-term residents. Only 9 of the 19 units at any one time will be designated for long-term occupancy. The Petitioner will be limited to having 10 units at a time occupied for 90 days or less. Attorney Costello said that the State Department of Revenue recently rendered a ruling stating thafmotel/hotel stays of 90 days or less are subject to tax, whereas stays in excess of 90 days are viewed as more permanent residential occupancy. The settlement agreement is binding upon the current owner, his successors and assigns, in perpetuity. The dumpster on the site will always be at least 40 feet away from any residential structure. The abutter has agreed to submit a letter authorizing Mr. White to locate the dumpster on the abutting property. All parking spaces will be shown on the plan and will be filed with the Town and maintained by the Building Inspector. Attorney Costello said that this is a • reasonable settlement agreement giving the Town control of how the property will be used, as well. as the authority to impose conditions, rules, regulations and guidelines for the operation of the motel. He stated that the settlement agreement gives the Building Inspector a clear set of criteria to apply and authorizes him to enforce action against the Petitioner. Attorney Costello said that a Stipulation of Dismissal will be filed before the deadline. The settlement agreement will be signed and forwarded to the Board. Accept May 11 2011 Minutes Mr. Furbush made a motion to accept the Minutes. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Blaisdell made a motion to adjourn the meeting. Mr. Nelson seconded the motion. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted yes. Meeting was adjourned at 9:00 p.m. Respectfully submitted, Cynthiaa Bartos� • Administrative Secretary Zoning Board of Appeals 0