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Mashpee Zoning Minutes <br />Board of Appeals June 9, 2010 <br />disagreement as to what `primarily transient' means' which is the subject of an Appeal <br />• to Barnstable Superior Court. Attorney Mills said that whatever is decided in court will <br />have reverberations throughout the Commonwealth as to what `primarily transient' <br />means. Attorney Mills said he was hopeful that the Appeal did not have to go through <br />the process of Superior Court. <br />Mr. Furbush asked if the Appeal would be dropped if the Board grants the Petition. Mr. <br />Nelson said that the Appeal would be null and void if the Board grants the Petition. Mr. <br />White said that he will pursue the Appeal if the Board denies the Petition. He claimed <br />that the Judge will determine that his operation is "primarily transient in nature". Mr. <br />White warned that the Judge will also look at the ZBA's Denial of the Petition and <br />claimed that it will "end up doubling the homeless population on Cape Cod." He said <br />that "it'll end up putting most of these motels out of business because they can't operate <br />in the winter". Mr. White cautioned the Board that the Judge.will decide on "what <br />creates the most public harm". Mr. Furbush said that this is the third time that this <br />Petition has come before the Board, once with New Seabury and twice with Mr. White. <br />Mr. Nelson said that Mr. White is suing the Zoning Board of Appeals for backing the <br />opinion of the Building Inspector. Mr. White said that he disagrees with the Building <br />Inspector's interpretation of the State law. He claimed that Town Counsel has looked at <br />this `compromise' and feels that it is within State Law. Attorney Mills said that the <br />`compromise' is within the authority of this Board to approve. Mr. Bonvie questioned if <br />the Board granted the Petition to allow nine units to be used for transitional housing and <br />• if Mr. White came back in a year or two asking for the additional 10 units and the Board <br />denied him, Mr. White could go ahead and litigate for the additional ten units. Mr. <br />Bonvie expressed his doubts that anything that would be put in writing by the Board <br />would prevent Mr. White from suing the Board for denying him. Mr. White said that he <br />operates under a motel license and that would prevent him from asking for the entire 19 <br />units to be used for over 30 days, which would change the use of the motel. Mr. Bonvie <br />asked if Mr. White thought that the Court would only allow the nine units. Attorney <br />Mills said that it probably wouldn't be a good idea to speculate on what the Court would <br />do. Mr. White restated that "over 90% of our guests are primarily transient in nature." <br />Mr. Reiffarth asked exactly how many units are currently occupied with guests staying <br />longer than 30 days. Mr. White said he thinks the number is eleven. Mr. Reiffarth said <br />that he did not feel that any unit with only a microwave and a small refrigerator is <br />suitable for a family staying for longer than 30 days. Mr. White said that only single <br />people stay in those rooms — "like a rooming house situation, with a single adult staying <br />in those rooms." He said that "you can make a lot of food using that microwave and it's <br />just for single adults or seasonal workers." Mr. White said that the all of the families are <br />living in apartment units. Mr. White said that the efficiencies have a refrigerator, sink <br />and stove unit. <br />Mr. Nelson said that he was told that Mr. White has rented to seasonal workers and has <br />had as many as four or five adults in one room. Mr. White said that he has never had five <br />adults in one room. He said that he has a seasonal worker who has been employed at <br />13 <br />