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HomeMy WebLinkAbout5054 452 Route 28 Memo to ZBA 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 ______ www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Appeals Petition #5054 MEMORANDUM This Memorandum is a companion to the Summary of Reasoning submitted in connection with the Yarmouth Board of Appeals hearing on the above Petition. In Petition #5008 (2023), the Board of Appeals granted Sandbar Management, Inc. [“Applicant”], a one-year special permit authorizing seasonal employee housing at 452 Main Street (Route 28) in West Yarmouth [“Property”] for the 2023 season. The special permit included a condition that if the Applicant returns for renewal of the special permit, it is to provide a list of any complaints or incidents from the Police or Fire Departments during the 2023 season. The intent is to allow the Board and Applicant to review and discuss past and future measures to ensure successful seasonal employee occupancy at the Property in the face of the strong demand for such temporary housing. The Applicant has re-applied to the Board in this Petition, and this Memorandum fulfills the latter condition in the existing special permit and proposes additional measures the Applicant intends to implement for the 2024 season in response. The Applicant reviewed the Police Department log reports related to the Property during the 2023 season. These include routine visits that the Police Department conducts at commercial properties across Yarmouth as well as calls that were in the vicinity and at the Property. The Applicant has a long track record of proactively engaging with neighbors, the Police Department, and Town and will continue to do so. He believes that he has a well-considered plan to respond to the noise issues that arose this season, many of which are often more routine in the operation of a business in a commercial zoning district. 2 There were twenty-six (26) noise complaints, of which ten (10) were determined to be nonissues (all quiet) and five (5) verbal warnings were given for music or loud talking. Ten of the calls were on five separate days (two per day). It appears that most of the noise complaints were by J1 residents of the Property concerned with other residents walking and talking who contacted the Police instead of on-site management and security as a first step. There were two more significant events when larger groups spontaneously migrated to the property after a nearby business closed for the night. These situations were immediately addressed by both the Police Department and the Applicant and actions taken to prevent re- occurrences. The Applicant also recently learned that a residential neighbor to the rear reported noise complaints because a shuttle van picking up workers in the morning was honking its horn to get the employees attention. Finally, there was one alleged assault (spitting at a security guard) for which a report was created, but no charges or arrest resulted. In response to the noise concerns, most of which were on-site related, the Applicant has taken and proposes to take the following actions: 1. The Applicant has already notified the employer in question that honking horns in the morning shall not be allowed, and the Applicant will inform all employers providing shuttle vans for their employees of this prohibition; 2. The Applicant will install a gate with gatehouse at the Route 28 entrance. This gate will be closed and manned by a security detail between 10:00 p.m. and 3:00 a.m. nightly to restrict unwanted access and will be located approximately at the back of the front portion of the building so that the existing front parking spaces will remain open for temporary usage; 3. The Applicant will also install a gate at the Abell’s Road entrance to the Property. This gate will be closed and used as emergency egress. Knox boxes will be provided as necessary for Police and Fire Department emergency access for both gates; 3 4. The Applicant is seeking to change the mix of J1 and H2B employees at the Property to decrease the former and increase the latter. This season the mix was approximately 80-20 with the younger J1’s in the majority. The proposal is to change this to approximately 50- 50 between both J1 and H2B residents. Given the age make-up of the latter, this should help to mitigate onsite noise concerns; and 5. The Applicant is adding to the Code of Conduct for every employee to sign and adhere to that alleged nuisances and disturbances are to be first reported to the onsite manager and/or security for resolution. The Applicant is also willing to discuss other reasonable efforts with the Board. Thank you.