HomeMy WebLinkAbout5161 452 Route 28 Attorney NarrativeTOWN OF YARMOUTH RECEIVED
ZONING BOARD OF APPEALS JAN 0 3 2025
SPECIAL PERMIT APPLICATION YARMCkffH
BOARD OF APPEALS
Applicant: Sandbar Management Inc.
Owners: Amplify Holdings LLC
Property: 452 Main Street (Route 28), West Yarmouth
Assessor's Map 31, Parcel 73
Project: The Applicant proposes to use the four motel buildings (144 total rooms) of the Town `N
Country Family Resort Motel at the Property for seasonal employee housing.
Relief The Applicant requests to renew or for a new special permit in accordance with Sections
Requested: 404.5.2 and 404.5.3 of the Yarmouth Zoning By -Law and M.G.L. Chapter 40A, Section 6, to
again provide seasonal employee housing at the Property. The Applicant proposes to use
100% of the rooms for such needed housing, the same as in 2024 (see attached room sketch).
A special permit is required because the requested 100% housing level is greater than the
15% allowed by right. The proposal complies with all of the remaining by -right provisions
to establish 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 111 and October 3151;
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, including without limitation maximum occupancy per room,
are met;
4. The seasonal housing room occupants will be employees of the nearby Wicked
Waves Waterpark (same Applicant), Red Jacket Beach Resort, and Dunkin Donuts;
5. There is an onsite, live-in property manager, a full-time maintenance person, a front
desk attendant 24/7, and a security guard from 9:00 p.m. — 3:00 a.m.and cameras. A
security station has been installed at the entrance to the parking lot (see attached
photograph), and there is a gate at the rear of the Property. The on -site Manager
ensures that all seasonal employees are apprised of the rules and code of behavior
prior to and during occupancy (a copy of the rules is below);
6. There are fully equipped kitchen and laundry facilities on the Property available to
all of the seasonal employee occupants. The Applicant provides daily kitchen
cleaning as well as daily trash pick-up and daily package/mail delivery service;
7. The Applicant ensures that all of the seasonal employees to be housed at the site
demonstrate maintenance of a principal place of residence elsewhere, and the
Applicant keeps records of all employees utilizing such housing, including name,
permanent address, and length of stay;
8. The Applicant's offered amenities, conditions, and rules and regulations, as well as
its proven track record in prior seasons, ensure a good environment for the Property
and neighborhood. These include, in addition to the above, the following:
A. Each employee is required to sign the Code of Conduct. This Code of
Conduct provides 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;
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 (see
attached photograph);
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;
B. To reduce bicycle and car traffic, employees of the Waterpark and Dunkin
Donuts walk to work and employees of the Red Jacket Beach Resort are
transferred to and from work on an employer -provided shuttle bus; and
C. The Property is equipped with speed bumps as an additional traffic calming
measure.
Submitted as required in Condition 3 of the 2024 special permit (Petition 5054) is a
Memorandum discussing any complaints or incidents from the Yarmouth Police Department
during 2024. The Applicant has reached out to the Yarmouth Fire Department as well.
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