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HomeMy WebLinkAboutBOA # 5008 , • Bk 35724 Pg231 #13666 04-10-2023 @ 01:04p Y•Yqk COMMONWEALTH OF MASSACHUSETTS 'o''.* ro TOWN OF YARMOUTH o y BOARD OF APPEALS RECEIVED �''',°�``'� Fa 13 2023 Petition#:5008 Date:April 5,2023 BUILDING DEPARTMENT Certificate of Granting of a Special Permit (General Laws Chapter 40A,Section t 1) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: T&C Holdings LLC Affecting the rights of the owner with respect to land or buildings at:452 Route 28,West Yarmouth,MA;Map &Parcel:0031.73;Zoning District:B2&HMODI;Book 30325,Page 40;Plan Book 363,Page 56 and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit,and copies of said decision,and of all plans referred to in the decision,have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws,Chapter 40A, Section 11(last paragraph)and Section 13,provides that no Special Permit,or any extension,modification or renewal thereof,shall take effect until a copy of the decision bearing the certification of the Town Cleric that twenty(20)days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that,if such appeal has been filed,that it has been dismissed or denied,is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall be paid by the owner or applicant. e Steven DeYoung,Chair A TRUE COPYP ATTEST �0�'�l�/�7fic4,Ff APR -6 2023 CAW; CMC I TOWN CLERK Bk 35724 Pg232 #13666 TOWN OF YARMOUTH �X'f,;'e . : ; BOARD OF APPEALS O ._,. ;,_: 41. 7'-'40. DECISION FILED WITH TOWN CLERK: March 15, 2023 • PETITION NO: 5008 HEARING DATE: March 9, 2023 PETITIONER: Sandbar Management, Inc. PROPERTY OWNERS: T&C Holdings LLC PROPERTY LOCATION: 452 Route 28, West Yarmouth, MA Map & Parcel: 0031.73 Zoning District: B2 & HMOD1 Book 30325, Page 40 Plan Book 363, Page 56 MEMBERS PRESENT AND VOTING: Steven DeYoung, Sean Igoe, Richard Martin, and John Mantoni. Notice of the hearing has been given by sending notice thereof to the Petitioner and all those owners of property as required by law, and to the public by posting notice of the hearing and publishing in The Cape Cod Times, the hearing opened and held on the date as stated above. The Petitioner is Sandbar Management, Inc. The Property is the site of the Town `N Country Family Resort Motel. The Property is located in the B-2 Zoning District and the HMOD1 Zoning District and contains four motel buildings and a total of 148 guest rooms. The Petitioner seeks permission to use two of the motel buildings (72 rooms) as seasonal employee housing. This is equivalent to 49% of the total number of existing guest rooms on the Property. The Petitioner was represented by Attorney Andrew Singer and Mr. Joseph Marrama, principal owner of the motel business. Letters and memoranda of support were submitted by Kevin Enright; Ken Ainiott of Couto Management Group, LLC; Alton Chun of Red Jacket Resorts; Yarmouth Chamber of Commerce; Cape Cod Chamber of Commerce, and the Yarmouth Planning Board. A Memorandum was also submitted by the Yarmouth Health Department. No one spoke or submitted correspondence in opposition to the proposal. The proposal requires a Special Permit in accordance with Section 404.5.2 of the Yarmouth Zoning By-Law because one of the ten conditions for such housing by right Set forth in Section A TRUE COPY ATTEST- htAlkd . ---.-aAti-friti-a--/ . APR - 6 WI ,. CM'IIC t CMC I TOWN Cl • Bk 35724 Pg233 #13666 404.5.3 cannot be met.Specifically,while employee housing of fifteen percent(15%)of the total number of rooms is allowed by right,the proposal requests forty-nine percent(49%)of the rooms. The Board of Appeals is appointed in the Zoning-By-Law as the permit granting authority for such authorized Special Permits.In accordance with Section 103.2.2 of the Zoning By-Law,the Board is authorized to grant this Special Permit upon a demonstration that the proposal will not create undue nuisance,hazard or congestion and that there will be no substantial harm to the established or future character of the neighborhood or Town. The proposed seasonal employee housing will be no more than seven months per year between April 1"and October 31".The seasonal employees will be housed in specified motel rooms only (the Applicant submitted an allocated room locus map with the employee housing rooms noted in blue),and each room is provided with a refrigerator,pillows,sheets,and blankets.The Applicant is in the process of upgrading the two buildings to install new roofs,redo the trim,and rehabilitate the exterior stairs and second-floor walkways. The employee housing rooms will be in the two buildings set off to the side of the Property, which are separated from the continued guest room buildings and main center of activity on the Property by fences.These buildings are located behind and further screened by the respective, adjacent commercial properties fronting on Route 28 and are also further away from the three residential properties to the rear of the Property along Saddleback Lane.The principal access to the Property is from Route 28,with emergency access from Abell's Road to the side rear. The seasonal employee housing will service three area businesses: the nearby Wicked Waves Waterpark and Cape Cod Inflatable Park business(Waterpark)owned by the Applicant,the adjacent Dunkin Donuts property,and the Red Jacket Beach Resort.Employees of the Waterpark and Dunkin Donuts will walk to work.The Red Jacket Beach Resort will provide a shuttle van for its employees to and from the Property and their work.There will be little vehicular trip generation nor negative impact to traffic safety on Route 28 as a result of the proposal.The Property is equipped with speed bumps as an additional traffic calming measure. All applicable Board of Health and Commonwealth of Massachusetts regulations governing such housing shall be met.Maximum occupancy per room shall meet health codes.The Applicant has a track record of working with the Yarmouth Health Department in licensing the Property for such employee housing use.The Applicant has offered seasonal employee housing at the site for the past four seasons with review,inspections,and permits issued by the Health Department.No operational issues,code violations Or complaints have been encountered during this time. 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 are four (4)laundries with washers and dryers in the two buildings for employee use. 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 a apprised of the rules and code of behavior prior to and during occupancy. A he oloUE Lyee wY IllbeATTEST: APR —6 2023 Ymmor GMC rrowts.1 CLERK Bk 35724 Pg234 #13666 required to sign a Code of Conduct, providing that: 1. 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 Iot,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 8. For a first violation of the Code, there will be a warning. 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. In addition,employees of the Waterpark will be automatically enrolled in a Bonus Program, whereby at the end of every month, park employees who live in the housing will be given a bonus provided there have been no issues. 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.The Applicant shall keep records of all employees utilizing such housing, including name,permanent address, and length of stay. The Applicant's proposed amenities,conditions, and rules and regulations are designed to ensure a good environment for the Property and the neighborhood. There will be no negative impact to drainage, septic flow or stormwater. The proposal will have no greater impacts to the neighborhood or Town than the existing motel use of the overall Property. The proposal will be in keeping with and compatible with the character of the neighborhood and will not cause or contribute to any undue nuisance, hazard or congestion in the neighborhood,zoning district or Town.There will be no building or parking changes, and the existing screening of the two buildings in question will result in the seasonal employee housing being virtually invisible. Based on the above and testimony received at the public hearing, the Board found that the proposal will not create any undue nuisance, hazard or congestion, that there will be no substantial harm to the existing or future character of the neighborhood or Town, and to the contrary, there will be a significant benefit in providing an urgent, unmet housing need for local Yarmouth businesses. Thereafter, a motion was made by Mr. Igoe, seconded by Mr. Martin,to grant a Special Permit in accordance with Sections 103.3.2 and 404.5.2 of the Yarmouth Zoning By-Law and M.G.L. Chapter 40A,Section 6,to authorize 49% of the motel rooms(72) at the property to be used for seasonal employee housing as shown on the submitted plans and on the following conditions: 1. The Special Permit is granted for one year and is based on the Code of Conduct presented by the Applicant; 2. The employee shuttle shall load and unload from on the Property and not Route 28; and A TRUE COPY ATTEST: • 1-4(lIrtii--aWlif-d-tht/-41--, i,t_EKK APR p. 6 2023 Bk 35724 Pg235 #13666 3. When the Applicant comes back for renewal of the Special Permit, it shall provide a list of any complaints or incidents from the Police or Fire Departments during the year. The members voted, by roll call, unanimously in favor of the motion as follows: Mr. DeYoung AYE Mr. Igoe AYE Mr. Martin AYE Mr. Mantoni AYE No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Variance shall lapse if a substantial use thereof has not begun within 12 months. (See MGL c40A § 10) Steven DeYoung, Chair CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5008 that no notice of appeal of said decision has been filed with me, or, if such appeal has been filed it has been dismissed or denied. All appeals have been exhausted. TtifAtta. Mary A. Maslowski APR - 6 2023 A TRUE COPY ATTEST: Net(ghtc44 • G !� LK BARNSTABL� E COUNTY G NRY OF DEEDS APR - 6 2023 RECEIVED & RECORDED ELECTRONICALLY • 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) April 10, 2023 Steven S. DeYoung, Chair Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: T&C Holdings LLC 452 Route 28, West Yarmouth Petition# 5008 Dear Chair DeYoung: Enclosed please find a copy of the Decision from the Zoning Board of Appeals for the above referenced matter,which was recorded today in Book 35724,Page 231 at the Barnstable County Registry of Deeds. Thank you. Very truly yours, Bonnie Massey for Andrew L. S ger Enclosure Copy to: Yarmouth Town Clerk Yarmouth Building Commissioner