05/14/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 6 May 14, 2008 Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Robert Nelson, Chairman, informs the audience that the ZBA will hear first from the applicant Peter White and his attorney followed by Richard Stevens, Building Coin inissioner. Attorney Robert Mills of Wynn & Wynn represents the applicant at this hearing. This is an Appeal filed by La Plaza Del Sol, owner Peter White, represented by Attorney Robert Mills of Wynn and Wynn, to over turn the Building Commissioner's Decision to cease and decist his operation due to the hotel operating illegally with respect to a maximum allowable stay of no more than 30 days by any one patron. Mr. Stevens through his investigation has sufficient evidence to suggest that Mr. White is not operating within the state and town law for hotel use. Attorney Robert Mills addresses the Board. The use group for the hotel is R-1 and he states that Mr. White has not changed the use of the way he runs the motel. 'file motel has been licensed since 1969 with several different owners. There are no local by-laws in effect that Mr. White has gone against. Mr. Mills states that the Board must focus on state code 310.3 and the word "primarily". They wish to continue to operate within the confines of R-1 use group. He believes "primarily" these residents (78%) stay less than 30 days. Mr. Mills also states that Mr. Stevens came into the motel and looked at the books/record keeping forjust one day, not over a weekly or monthly term — it should be looked at over the course of a year. There are 4 apartments and 15 units. Some people have stayed more than 30 days, but is that "primarily"? Mr. Mills states that his client could technically have the residents just change rooms every 30 days but he does not want to do that. He also tells the Board that Falmouth and Barnstable participate in this practice. Peter White, owner of La Plaza Del Sol discusses his case with the Board. He also mentions that 76% of the occupants are "primarily" transient in nature. He has been in compliance since March and it has cost him over $10,000 in lost revenue. He feels badly for these people and feels that he is helping people that have lost their homes and have small children. People in this town need to step up and offer these people a stepping stone back into safe environments to live in with their families. There is a question as to the owner of record as listed as "Affordable Housing". It is confusing to the public that it seems to indicate that this motel is providing affordable housing for people. The actual name of the owner is Affordable Housing of New • England, Richard Stevens, Buildine Commissioner addresses the Board with his case.