05/14/2008 ZONING BOARD OF APPEALS Minutes

Home Browse Search

2. The owner of the Plaza Del Sol property is a corporation named Affordable Housing of New England. 3. The Plaza Del Sol property is located in an R1 zoning district. 4. The Plaza Del Sol property is "grandfathered" for use as a motel, due to its use and historical designation as a motel for several decades. 5. The Massachusetts Building Code, at 780 CMR 310.3, provides that the period of occupancy for a motel in an R-1 zoning district is less than thirty days and that occupants of the motel must be primarily transient in nature. 6. G.L. c. 140, §32A defines a motel as "any building or group of buildings which provides sleeping accommodations for transient motorists and which is not licensed as an inn." 7. The Plaza Del Sol motel is housing occupants for periods longer than 30 days. 8. The majority of occupants staying at the Plaza Del Sol motel are not transient in nature. THIS APPLICATION IS DENIED FOR THE FOLLOWING REASONS: Although we agree that the subject property may be used as a"motel" as such use is protected under "grandfathering provisions",based upon the facts deduced from the hearing and submittals in this appeal, we do not believe that the subject property is currently being used in a maimer within the scope of or consistent with the traditional and rational definition or construction of the term "motel". A motel is a lodging intended to be occupied by transient motorists or travelers for relatively short periods of time, typically not exceeding 30 days. It is clear from the evidence presented at the public hearing in this matter that several past and current occupants of the Plaza Del Sol Motel are not"transient" in nature and have been/are occupying units at the subject property for periods well in excess of 30 days. The Board believes that the Building Inspector/Enforcement Agent exercised reasonable diligence and sound judgment in his investigation of the nature of the occupancy of the subject property, and,based upon the record of this appeal, that he was justified in issuing the March 18, 2008 Cease and Desist Order in response to an abutter's request for zoning enforcement action. Accordingly, this Board denies the applicant's request to overturn the Building Inspector/Zoning Enforcement Agent's Order, and affirms said Order.