05/14/2008 ZONING BOARD OF APPEALS Minutes

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07-16-2008 16:26 From-WYNN & WYNN 608-TT6-1244 T-51T P-029/030 F-283 2. 't'tce owner Of the Ply Del Sal property is a.corporation named.Affordable Housing of New England, 3. The Plan,Del Soi property is located in an R1 Zonitrg district. 4. The Plaza Del Sol proP"is"grandfathered" for use as a motel,due to its use and histcriotll designation as a motel for several decades. 5. The Massachusetts Building Code,at 790 CMR 310.3,provides that the period of occupancy for a motel in an R-1 zol; ng district is lass than thirty days and that occupants of the motel must be prirnatily tr011siGnt in nature. d, O.L. c. 140, §32A defines a rnotel as"any building or Jesup of buildings which provides sleeping accommodations for si t motorists and which is not licensed as an inn." 7. The Plaza.Del Sol motel is housing occupants for mriods longer than 30 days. 8. The majority of occupants staying at the plaza Del Sol motel are not transient in stature. TM APPLICA.'Y'ION is D FOR TEW FOLLOWING MASONS. Although we agree that the subject property niay be used as a"motel" as such Usc is protected under"graadfathering provisions",based upon the Facts deduced.from the hearing and submittals in this appeal,we da u4t believe that the subject property is currently being used in a manner within the scope of or+consiswnt 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 thin public hearing in this matter that several past and curt occupants of the Plam 'Del Sol Motel are not"transient" to nature and have been/aro oompying'units at the subject roperty for periods well in excess of 30 days. The Board believes that the building Inspector/Enforoement Agent exorcised reasonable diligence and sound jud eat in his investigation of the nature of the occupancy of the subject property,and,based ugQn the record of this appeal,that he was justified in issuing the Vwch 18, 3008 Cease and Desist Order in response to an abutter's request for zoning enforcernent action_ Accordingly, this Board denies thti applicant's request to overturn the Building Inspector/Zoni g Elaforcement Agent's Order, and affums said Order. Recelved 06-30-2008 11-S& From-50647707.36 To-WYNN & WYNN page n03