08/09/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning New Seabury Properties, LLC 2 Board of Appeals SP-00-151 New Seabury Properties, LLC proposes to purchase the properties to house its summer help. The reason for the change in use is that a motel only allows for individuals to stay in a room for up to 29 days. Attorney Mills said that although the Petitioner could buy the properties and move its employees from one room to another room every 29 days, the Petitioner wants to avoid giving the wrong impression about its intent. The change under the State Building codes from an R-1 use group to an R-2 use group would allow individuals to stay in a room for more than 29 days at a time. Plans are for an office manager to stay on the premises and to be responsible for overseeing the entire operation. Mr. Vetter, General Manager of New Seabury Properties, and Mr. Burke, j Manager of a division of American Real Estate Partners of New York attended the i meeting as representatives of American Real Estate Partners. Attorney Mills said that Mr. Vetter is in the hospitality business and has operated many resorts. Mr. Wheeler expressed concern with the proposal and stated that one of the j subject buildings is in violation of Town Zoning By-laws because it is currently housing three families. Ms. Elizenberry read the memo from Town Planner F. Thomas Fudala. He expressed concern with the detrimental impact that noise may have on the neighbors with the change in use. Mr. Greg Peters, a resident at 193 Main Street, objected to 66, 72 and 78 Main Street, owned by Soliz Realty Trust, being referred to as "the property" and said that they are three separate properties. He expressed concern with potential traffic problems. �i Attorney Mills stated that the motel has been in existence for over 50 years and is a pre-existing, non-conforming use that did not require a Special Permit when it was built. He said that what currently exists on the subject properties is allowed as a matter of right. d The Board voted unanimously to continue the hearing until August 23, 2000 to allow the Petitioner an opportunity to provide the following: pp Y P g • contact and discussion with the neighbors concerning the proposal. • copies of any decisions regarding the subject properties from the 1980's filed with the Barnstable County Registry of Deeds. r • copies of any relevant documentation. • proposed parking plan. • Board of Health folder with capacity numbers. • documentation that the Building Department has issued a violation regarding the three-family rental on the subject properties. ' • on-site visit with ZBA, owner, attorney.