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HomeMy WebLinkAbout4979 Pace Response to EOS Letter 11.09.22 RECEIVED ( E 0 S LNOV 0 9 2022 HOSPITALITY Y; RMUrFi BOARD C;-P APPEALS November 8,2022— Simon,thank you for your response to my email. I thought the easiest way to reply to the points you make would be within your letter: October 31, 2022 J. Ellen Pace Seaside Village Road South Yarmouth, MA 02664 Dear Ms. Pace, Thank you for your e-mail dated October. 20th,2022. I am writing in response to that letter. I greatly appreciate you reaching out. This,however, is the first I am hearing from you on any concerns regarding our use of the Village Green so I am disappointed that we could not have addressed this when the concerns arose not just when In application has been submitted. My understanding is that this building is currently owned and operated by John Hynes,Jr. and leased to EOS and that Shoreside is the filer of record for the application. The neighborhood received notice from the Harts in March,2022 that the motel had been purchased by By The Beach,LLC(Lee and Fulya Tuniya)and that a full renovation was scheduled to take place with the property continuing to operate as a family vacation destination. Rest assured,had Mr. Hynes (EOS?) filed the application for this permit upon his purchase in April,2022, I would have reached out at that time.Also, absent any application,had the condition of the property continued to deteriorate, I and the neighborhood would have contacted the owner, as well as the Town, regarding the unacceptable condition. It could certainly be a coincidence,but the timing of the minimal improvements undertaken immediately prior to the hearing date rather than upon purchase or at any time during the summer,does give us pause. To respond to the concerns you have identified in your letter please see below: Condition of property: I agree with you. The condition of the property is NOT what we expect for our associates nor what we expect for this community. We only took on utilizing this facility provided that it was upgraded by the current owner. It is a detractor from the area and from our hotels located in the same area. I can assure you that this 4 4 4 M A D I S O N A V E N U E I F L 0 0 R 1 4 N E W Y 0 R K , NY 1 0 0 2 2 E 0 S HOSPITALITY neglect was not as a result of neglect by the present owner or ourselves, but rather the former owner William and Beverly Hart. This property was only recently just purchased in April by the current owner. To date, the owner is in process of upgrading the facility and has installed a new Septic System,upgraded all electrical systems to code,painted the interior rooms, hydro seeded the interior landscaping and begun painting the exterior as evidenced by your photo. Before next season, he is being required by us to add HVAC systems to each unit and replace any rotting wood around the property. --According to the Yarmouth Health Department, building permits to replace the septic system were filed in February,2022,two months prior to Mr. Hynes's purchase of the property. In addition,the septic system repairs were completed on March 25, 2022 and April 8,2022, also prior to Mr. Hyne's ownership. So,while the letter verifying the final inspections of the repaired septic systems was filed April 22,2022,the work was conducted prior to the sale by By The Beach LLC. Even had the work taken place under Mr.Hynes's ownership or on his dime,this is not an`improvement' in the sense that you imply. Per state regulations, if a septic system is not up to code or fails, it must be replaced or repaired prior to closing or within 90 days after the closing. Hydro seeding the property was done when installation of the septic was completed, and is a requirement of any new septic system installation and, again,not a separate `improvement' undertaken by the current owner. --The only recent permits on record for this property for electrical work are for the installation of basement lighting; --With regard to the siding installed, it was installed over rotting wood. The reason I took and shared the picture of the exterior painting was to show one man, with a single paint brush, applying one coat of paint to wood that had not been properly primed, or repaired. Being as involved as you and your company are with beachside properties, I'm sure you know this single,thin coat of paint won't last very long at all. Given the paucity and quality of improvements made thus far, it is very difficult to trust in the likelihood that Mr. Hynes will remove recently installed siding to repair the rotting wood and points again to the odd timing of these minor efforts. --It really serves no good purpose to blame the Harts for the current deplorable condition of the property. While the Village Green was never opulent or what anyone would describe as a luxury resort, it was solidly maintained and attracted family vacationers that caused no disturbance to the neighborhood. Unlike the residents we've encountered since Mr. Hynes purchased the property. As it relates to any items left around the property, I am not certain where some of these photos are identifying, but I have asked our team to ensure that no garbage 4 4 4 M A DI SO N AV E NU E I F L O OR 14 NEW Y O R K , NY 1 0 0 2 2 HOSPITALITY( E S is left around the property whether from our employees,people leaving the beach, or neighboring food establishments. --It,unfortunately, doesn't speak very well of your on-site manager that it took our pictures and a call from you to get them to pick up the trash and miscellaneous junk that has littered the property since your employees have occupied it. Interestingly,the town's housing inspector, Kevin Hook, in his October 6 inspection report, inquired"will there be plans for an on-site manager in the manager units?"echoing the neighborhood's concerns that there appeared to be no on-site management of the property, until after the application for a special permit had been submitted. Speeding: This summer we only had 17 employees who had vehicles. Most do not have cars. Given that an employee can walk to work or take the shuttle are you certain that these identified cars were from our employees and not guests from hotels in the area,people renting Air BnB's, or others going to the beach? --Having witnessed many of these speeding drivers(with the Red Jacket shuttle • driver being one of the worst offenders) leaving and returning to the property, I and others feel safe in saying that the property tenants were the primary offenders.Also,and this is not to say that there have never been speeding violations on Parkwood or Seaside Village Road,the noticeable increase in the frequency since your lease of the property has been significant.Not to mention the increase in Uber and Lyft drivers coming and going from the property and what we can only assume are friends and relatives of the tenants coming and going as well. Loud Gatherings and Parties I am not aware of any of the items you have mentioned nor has our on-site manager or our leadership teams in the Cape. I have also taken the liberty of checking all police records to see if at any point in time the police were called for noise disturbances and there were none. There was only a call for someone with medical distress. --It's true, not completely understanding exactly what the situation was at the motel,neighbors did not automatically pick up the phone and call the police. There have,however,been instances when neighbors themselves have gone to investigate and ask the noisemakers at the motel to cease and desist. There have also been 6 instances where the fire department has been called to the motel since Mr. Hynes's ownership began. 4 4 4 M A DI SO N AV E NU E I F L 0 OR 14 NEW Y 0 R K , NY 1 0 0 2 2 HOSPITALITYE 0 S Ellen,the use of Village Green for employee housing is critical to our success at the Red Jacket Beach Resort,Riveria Hotel, and the Blue Water Hotel. I certainly hope the above addresses your concerns and that you will re-consider your position and support our petition. This housing provides the ideal space for our employees as it allows them to walk to work or take the shuttle to work which in turn benefits the neighborhood as it reduces traffic in the area. All our employees receive background checks prior to working for us so we know exactly the caliber of the individual who is working with us. The average age of our employees in housing this summer was late thirties, and we expect it to remain the same in future years or increase. I ask that you work with us to make the Village Green a better establishment for the community,the neighborhood, and our associates vs. just dismissing it outright. Without this needed employee housing we will not be able to operate these properties next summer. This will mean that any tax revenue that these establishments provide to the community will be lost, and we will not be able continue to re-invest in our hotels to ensure they do not go the way of William and Beverly Harts hotel. --Traffic has actually increased(see, above). --The Red Jacket resort properties have successfully survived since 1963 without the use of the Village Green Motel to house its employees. I would imagine this success will continue under the direction of Mr. Wang and yourself. Unless, of course,EOS has found it necessary to levy the same threat of departure at the cities,towns, and neighborhoods surrounding your other beachside properties such as those in Kennebunkport, or Rehoboth Beach, or Hilton Head, or'the exclusive Dunes neighborhood' and Grand Strand in Myrtle Beach,or even in Harwich. It would be a shame to think that EOS undertakes such efforts only in areas it perceives as lacking a certain level of status or opulence. While we might not have the home of two former U.S. Presidents or celebrities in the area, ours is a backbone neighborhood of South Yarmouth and a significant, important, and long-standing part of its tax base. As I stated in my original letter to you,we are not opponents of employee housing- again,we are the primary patrons of the businesses that have need of it-but this is not the appropriate location. While I can appreciate the desire of your employees to walk to work,the availability of the Red Jacket shuttle van makes it clear it's not essential and the services and conveniences and public transportation your employees will inevitably need on a daily basis, are found along Rt. 28 (where there are a plethora of appropriate properties such as the Parker River Resort where you were granted the same permit you seek here. A permit that was granted without opposition because it is 4 4 4 M A DI SO N AV E NU E I F L 0 OR 1 4 NEW Y O R K , NY 1 0 0 2 2 HOSPITALITYE 0 S in an appropriate location versus in the middle of a family residential neighborhood). If residing so close is indeed vital to the continued existence of your resorts then, as I am sure you are well aware,the current seasonal housing bylaws allow you to house them on-site at your properties. In fact,under these bylaws,between the Red Jacket, Blue Rock,Blue Water, Riviera, and Green Harbor,you have accommodations for at least o 74 of your seasonal employees. Since only 17 of them have cars,parking should not be an issue and they would have the quality accommodations,with HVAC, that you desire for them and that they rightfully deserve. If you combine that with the 24 rooms you have at the Parker River Resort,you currently have the ability to house well over 100 employees. Finally,to the extent you are not already aware,your business partner is no friend to this neighborhood. In 2002,John Hynes and others filed an application for a special permit with the Zoning Board of Appeals to allow live music and to enlarge and extend non-conforming restaurant use in a residential zone at Skipper's Restaurant. Very fortunately,the Board eliminated the live entertainment, limited the time of occupancy on the outside deck area of the restaurant, and required that it face Shore Drive vs. Seaside Village Road and the Village Green Motel. Additionally, and in connection with the application at issue here,the Yarmouth Board of Health has requested information and documents which Mr. Hynes has yet to provide. Simon, it might not seem like it,but we wish for the Red Jacket resorts nothing but the success it has enjoyed for decades. It is our hope that this goodwill be reciprocated and that business interests not supplant consideration and care for the neighborhood and the community in which you seek to thrive. We ask for the same consideration you provide to the surrounding neighborhoods of your other resorts mentioned above. As such,we request that you withdraw your application for a Special Permit at this site and utilize the other options that are available to EOS. If you feel you cannot accommodate your employees within the existing housing currently available to you, then we ask that you identify a location more appropriate for your seasonal housing than this established family neighborhood. Continued best, Ellen 4 4 4 M A DI SO N AV E NU E I FLO OR 14 NEW Y 0 R K , NY 1 0 0 2 2 E S —d/ HOSPITALITY Ellen,please let me know if you would like to discuss this matter further. I can be reached (917)287—0854. Warmly, Simon Mais J Chief Operating Officer CC: Jonathan Wang I CEO EOS Investors Board of Appeals—Yarmouth,Petition 4979 444 MADISON AVENUE I FLOOR 14 NEW YORK , NY 1 0022