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05/14/2008 ZONING BOARD OF APPEALS Minutes
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05/14/2008 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
05/14/2008
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07-15-2008 16:23 From-WYNN & N1YNN 508-775-1244 T-517 P.018/030 F-283 <br /> r r--t %!v wo. ,►....� --- . . . --- - <br /> Town of Mashpee <br /> 16 Gwat Xeck- i(pad s,71Ovrth <br /> .tYlcufihpec,Massachusetts 0264.9 <br /> March 18,2008 <br /> BY REGULAR MAIL and <br /> Certified Mail/Return Receipt Re-guested,# 7003 2260 0006 9618 4183 <br /> Mr. Peter White <br /> La Plaza del Sol <br /> 72 Main Street <br /> Mashpee,MA 02649 <br /> Re' Xeg6bst,f6rEnfo;cement Action; Cease and Desist Ordek, <br /> '. 66-72 Main Street Iy i&pee,-MA: ; . •= _ . <br /> Dear mr: VV'hite:,.. <br /> As you know, a formal request for zoning enforcement action urOor the' provisions of <br /> G.L.c. 40A., §7 has been filed with my office with r6ape+et to the real property located.at 66-72 <br /> Main Street, commonly kxtown as the La Plaza del Sol Motel. On Fdbruary $,2608;1 rendered a <br /> written determination that the Current use and o�oupanoy Q£the'La Piazu del Sol property <br /> exceeds the scope and nature of any protected use under"grandfathoring provisions"permitting <br /> continued use of this property as a motel, You are hereby ordered to cease and desist any non- <br /> motel use of the subject property immediately. <br /> ,As you know, this Office and the Mashpee Board of Health have inspeoted the subject <br /> property md,the guest rffgistors maintained with respect thereto on multiple occasiozis wiwn the <br /> past few months. We agree for the purposes of zoning enforcefnent that the subject property <br /> may continue to be used as a!mmotel", which,pursuant to ddlniiions and guidance'provided in ' <br /> the Massachusetts General.Laws and decisions rendered by Massachusetts appellate co"urts is a <br /> building or buildings used to provide sleeping accommodations for"transient motorists" or other <br /> "iY"ansiett" occupants. The Massachusetts Building Code, at 780 CMR,310.3, providea that in a <br /> Use Group Rr1.Structure, the period of occupancy for a motet is less than thirty days. <br /> Niassachizsdtts`oourts have cleanly distinguished motels, which are intended for use by short <br /> tort], transiont occupants,from-lodging hous0s,which are intended for use as a more permanent <br /> ,lace of oceupancy, The La I31aza.del Sol Mote1,'based upon all records axed documents <br /> oailable in this Ace,liar historically and,presumably, continuously been used as a mowl for <br />
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