The URL can be used to link to this page

Home My WebLink About5008 452 Route 28 ApplicationVPQf 1g l s H TO CiJEnR - F o ZONING BOARD OF APPEALS HEARINGAPPLICATION(Appeal Information) Appeal#: J Hearing Date: ee 471� Applicant is the (check one): Owner Applicant (full names, including d/b/a): Tenant X Prospective Buyer Other Interested Party Sandbar Management, Inc. Address: c/o Law Office of Singer & Singer, LLC P.O. Box 67 - 26 Upper County Road, Dennisport, MA 02639 _ Phone: 508-398-2221 Email: alsinger(a,singer-law.com This application relates to the property located at: 452 Route 28, West Yarmouth Shown on the Assessor's Map as: • Map # 31 • Parcel #: 73 _ • Zoning District: B2 and HMOD-1 Property located on un-constructed (paper) street? Provide nearest cross street name or other identifying location: Project Summary (this information is used for the Legal Notice in the newspaper): Applicant seeks permission to (e.g., add a 10' by 15' deck to the front of our house). See attached. RELIEF REQUESTED: The applicant seeks the following relief from the Zoning Board of Appeals: See attached _REVERSE BUILDING INSPECTOR OR ZONING ADMINISTRATOR DECISION (include a copy of this decision with this application). What is the decision date?: The reason for reversal and the ruling you request the Board to make: X SPECIAL PERMIT under Yarmouth Zoning By-law Section: 404.5.2 and 404.5.3 and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5: _VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section & Relief sought: Section & Relief sought: Section & Relief sought: ADDITIONAL INFORMATION (which you feel should be included in your application): w og ' YAK o� ZONING BOARD OF APPEALS HEARING APPLICATION (Property Information) Name & Address of Current Property Ow4aer (if other than applicant) as listed on the Deed: T&C Holdings LLC 518 Main Street, West Yarmouth, MA 02673 Title Deed Reference (provide a copy of most recent Deed): • Book & Page #: 30325 - 40 Is or Certificate #: + Land Court Lot #: • Plan #: Use Classification: • Existing: A §202.5 # • Proposed: A7 (Motel) §202.5 # Is the property vacant?: Yes— No X If yes, how long has property been vacant? Lot Information • Size/Area: See Plan • Plan Book & Page: 363 - 56 • Lot #: 1 & 2 Is this property within the Aquifer Protection Overlay District (APD)? Yes_ No X Have you completed a formal commercial site plan review (if needed)? Yes_ No Which other Boards and/or Town Departments are/have/will review this project? What is the status of review? Is this a repetitive petition (re -application)? Yes No X If required, do you have Planning Board Approval? Yes_ No — Has this property been the subject of prior relief from the Zoning Board of Appeals? Yes_ No If yes, provide the date(s), Appeal number(s), decision(s), and other pertinent information with this application. Building Commissioner Comments: Applicant / Attorney / Agent Signature: Property Owner Signature: Address: c/o Law Office of Singer & Singer - F.O. Box 67 (26 Upper County Road) Dennisport, MA 02639 Phone: 508-398-2221 Em ' : alsin er er-1 Building Commissioner Signature: Date: ZA/ZJ TOWN OF YARMOUTH ZONING BOARD OF APPEALS SPECIAL PERMIT APPLICATION Applicant: Sandbar Management Inc. Owners: T&C Holdings LLC Property: 452 Main Street (Route 28), West Yarmouth Assessor's Map 31, Parcel 73 Project: The Applicant is requesting permission to use two of the four buildings that comprise the Town `N Country Family Resort Motel for seasonal employee housing. Relief The Applicant is requesting a special permit in accordance with Sections 404.5.2 and Requested: 404.5.3 of the Yarmouth Zoning By -Law and M.G.L. Chapter 40A, Section 6, to provide seasonal employee housing at the Property in two of the motel buildings (72 rooms total). The motel has four buildings and a 148 total guest rooms. A special permit is required because the proposed 50% housing level is greater than the 15% allowed by right. The proposal will comply with all of the remaining by -right provisions to establish such seasonal employee housing set forth in Section 404.5.3, as follows: The seasonal employee housing will be no more than seven months per year between April I" and October 311i; 2. The seasonal employees shall be housed in the motel rooms only, and each room is provided with a refrigerator, pillows, sheets, and blankets; All applicable Board of Health and Commonwealth of Massachusetts regulations governing such housing shall be met; 4. Maximum occupancy per room shall meet Health Codes; The occupants of the seasonal housing rooms will be employees of the nearby Wicked Waves Waterpark (same Applicant), Red Jacket Beach Resort, and Dunkin Donuts; There will be an onsite live-in property manager as well as a full-time maintenance person and 24/7 security guard and cameras. The on -site manager will ensure that all seasonal employees are apprised of the rules and code of behavior prior to and during occupancy (a copy of the initial rules are below); 7. There are four (4) fully -equipped kitchens in the two buildings to be used for seasonal employee housing, and all employees have access to a kitchen. The Applicant will provide daily kitchen cleaning as well as daily trash pick-up and daily package/mail delivery service. There will four (4) laundries with washers and dryers in the.two buildings; 8. Since approximately 50% of the motel rooms are to be used for seasonal employee housing, the Applicant is requesting the allowed special permit to authorize such percentage as per the submitted allocated room locus map (rooms in blue); 9. The Applicant will ensure that all of the seasonal employees to be housed at the site demonstrate maintenance of a principal place of residence elsewhere; 10. The Applicant shall keep records of all employees utilizing such housing, including name, permanent address, and length of stay; 11. While the one-year term of the Seasonal Employee Housing is otherwise acceptable, the Applicant respectfully requests that the Board consider granting a two-year term for the Property. There is an urgent need for such seasonal housing in Yarmouth. The Applicant has several years of experience with the Property, and there have been no code violations or complaints; and 12. The Applicant's proposed amenities, conditions, and rules and regulations to ensure a good environment for the Property and the neighborhood include, in addition to those items mentioned above, the following: A. Each employee will be required to sign the Code of Conduct. This Code of Conduct will provide that: Enforced quiet hours, including no outside parties and noise, are from 10:00 p.m. to 7:00 a-m. daily; 2. There will be weekly room inspections; 3. Smoking is prohibited in the buildings and is allowed in designated smoking areas only; 4. Overnight guests are prohibited; 5. No personal items are to be left outside (in parking lot, over railings, on stairs, etc.); 6. All bicycles must be placed in designated bike racks and locked; 7. All cars must have a permit, be locked, and parked in designated spaces; and S. For a first violation of the Code, there will be a warring. A fine will be assessed if there is a second violation. if there is a third violation, the employee will be removed from the Property; B. Employees of the Wicked Waves Waterpark are automatically enrolled in a Bonus Program, whereby at the end of every month, park employees who live in housing will be given a bonus provided there are no issues; C. To reduce bicycle and car traffic, employees of the Waterpark and Dunkin Donuts will walk to work and employees of the Red Jacket Beach Resort will be transferred to and from work on an employer -provided shuttle bus; and D. The Property is equipped with speed bumps as an additional traffic calming measure. 2