05/14/2008 ZONING BOARD OF APPEALS Minutes

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07-15-2008 16:20 From-WYNN & WYNN 508-775-1244 T-517 P.008 F-283 2. The Motel consists of four (4) apartment-style units and fifteen (15) other units,some containing two(2)double beds or one(1)queen-size bed and some efficiency units. (Efficiency units meaning various appliances are furnished in the rooms such as a refrigerator, microwave, cooktop, etc.) 3. On or about November 21, 2007, a neighbor to Plaintiffs place of business filed a letter of complaint with the Building Department requesting enforcement action against Plaintiff s place of business alleging he was in violation of Town Zoning By-Laws and requested enforcement pursuant to M,G.L Chapter 40A, §7. Bee Exhibit"A"attached hereto. 4. On or about November 26, 2007, the Building Commissioner responded to the neighbor's complaint and request for zoning enforcement concluding that, although someone had been in a unit for several months, the complaint was only about one(1) unit and the key word is "primarily". The Building Commissioner found the Plaintiff in compliance relative to that unit. Bee Exhibit"B"attached hereto. 5, On or about January 25,2008,a neighborto Plaintiff s place of business filed a letter of complaint with the Building Department requesting enforcement action against plaintiff's place of business alleging he was in violation of Town Zoning By-Laws and requested enforcement pursuant to M.G.L Chapter 40A, §7. Bee Exhibit "C" attached hereto. 5. On or about February 8, 2008,the Building Commissioner responded to the neighbor's complaint and request for zoning enforcement concluding that the"current use and occupancy of the La Plaza Del Sol property exceeds the scope and nature of any protected use under 'grandfathering provisions' permitting continued use of the property as a motel". See Exhibit "D" attached hereto. 7. On or about March 13,2003,the Building Commissioner issued a Cease and Desist Order limiting plaintiff to renting rooms to short-term, transient occupants. See Exhibit "E" attached hereto. S. The Building Inspector made reference to the Massachusetts State Building State Building Code,780 CMh 310.3,which provides that in a Use Group R-1 structure the period of occupancy for a motel is less than thirty (30) days. 730 CIVIR 310.3 states as follows: 310.3 Use Group R-1 structures: This use group shall include all hotels, motels boarding houses .and similar buildings arranged for shelter and sleeping accommodations and in which the occupants are "primarily" transient in nature occupying facilities for a period of legs than 30 days. 2