07/14/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS EXECUTIVE SESSION MINUTES • JULY 14, 2010 Mr. Nelson read a statement from Health Agent Glen Harrington dated August 23, 2007. The statement reads: "As for the length of stays, the motel definition according to M.G.L. 140 s. 32A states that the motel buildings shall be used to provide sleeping accommodations for `transient motorists'. M.G.L. c.140 s 12A states further that a definition of a hotel (including a motel) uses the same wording as `transient occupancy'. Certainly, in my opinion, `transient' does not mean year, round. The length of stay is not defined, as I could find, for Board of Health jurisdiction. If a stay of 30 days or more is performed then the building or unit shall meet the Child Lead Prevention Law. The Building Code (780 CMR 31.03) states that in a Use Group R-1 structure, the period for a stay in a motel is less than 30 days. Please seek the opinion and interpretation of the state and local zoning use and applicability of the La Plaza del Sol from Richard Stevens, the Building Inspector." Mr. Nelson said the reason for referencing this letter was to clarify that before the Board was involved, Mr. White had already been informed by Town officials of the Massachusetts General Laws and Building Code restrictions placed on structures in an R-1 zone. Mr. Nelson also reminded the Board that Mr. White did not initiate this sort of motel operation because the previous owner of the motel had started the practice of accommodating persons for periods longer than 30 days. • Attorney Caruso said that the Board can Appeal a Decision rendered by a Judge. She said that if the Board decides to grant the Petition, the Board could place restrictions and conditions on the Decision. Attorney Caruso suggested that the Board could get an idea if Mr. White would be willing to comply with certain conditions by posing a condition to him and then asking how he would feel about having to comply. Attorney Caruso said that the Court upholds safety and health conditions placed by local Boards. She said that a Decision rendered by the Court would not have conditions. However, the Board would have the opportunity to enforce the Zoning By-laws or Building Codes through the local authorities. Attorney Caruso said that what was being discussed does affect the Pending Litigation. She advised the Board not to discuss what kind of conditions to place on the Petition in the event the Petition is granted. Attorney Caruso said that the fact that the Board's Decision affects the Pending Litigation is reason for discussion. Mr. Nelson wanted to know if the Board could ask the identity of Mr. White's partner. Attorney Caruso said that the Board could ask Mr. White as long as the matter was brought up at the previous hearing. She said that the Board could word questions about issues covered in the previous hearing with this approach: "I know we asked you about this matter before. Could you please clarify for us?" Mr. Nelson said that the Petitioner is using property outside of the subject property for purposes of egress and ingress for the motel. He said that his intemet research revealed that the Corporation has an address in Auburn; Maine and makes less than $500,000 a year and • employs from one to four part-time employees. Attorney Caruso said that the Board has to be careful to only discuss and ask for clarification of issues that were brought up at the first Public E