HomeMy WebLinkAbout5161 452 Route 28 Summary of ReasoningLaw Office of Singer & Singer, LLC
26 Upper County Road
P. O. Box 6-1
Dennisport, Massachusetts 02639
Andrew L. Singer Tel: (508) 398-2221
Marian S. Rose Fax: (508) 398-1568
RECEIVED www.singer law -corn
Myer R. Singer (1938-2020) JAN 2 9 2025
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BOARD OF APPEALS
Yarmouth Board of Appeals Petition #5161
SUMMARY OF REASONING
Sandbar Management, Inc. ["Applicant"] operates the Town `N Country Family Resort Motel at
452 Main Street (Route 28) in West Yarmouth ["Property"]. The Property is shown as Parcel 73 on
Assessor's Map 31 and is located in the B2 & HMOD1 Zoning Districts. The Motel on the Property
consists of four, two-story buildings with a current total of 143 guest rooms.
In Petition R5054 (2024), the Board of Appeals granted the Applicant a one-year special permit
with conditions authorizing use of 100% of the motel rooms on the Property as seasonal employee housing
for the 2024 season. The Applicant has satisfied all of the conditions in the special permit decision and
would like to renew the special pen -nit for the 2025 season. The Property is meeting an important,
ongoing demand for seasonal employee housing not only for the Applicant, but also for several other local
businesses. As noted in the past, it is the Applicant's experience that the proposal is accommodating the
needs of all of the Town's major employers.
Section 404.5.2 of the Yarmouth Zoning By -Law ("Zoning By -Law"] authorizes seasonal
employee housing by right in certain circumstances. In this instance, nine of the ten requirements for by -
right housing in Section 404.5.3 of the Zoning By -Law are met; however, one of the requirements (the
limit of 150 o of the total rooms to be used as seasonal housing) will not be met. As such, a special permit
is required as provided in the Zoning By -Law. The Board of Appeals 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 Applicant respectfully submits that the proposal satisfies these special pen -nit criteria and will
not create any undue nuisance, hazard or congestion. There will be no substantial harm to the existing or
future character of the neighborhood or Town. To the contrary, based on all of the measures set forth
herein and the Applicant's demonstrated efforts in working with the Town and area businesses in past
seasons, the proposal will continue to result in a significant benefit by providing safe and secure housing
to meet an urgent, unmet need for local Yarmouth businesses, because:
1. Seasonal employee housing will continue to be no more than seven months per year
between April LS' and October 315;
2. A security station is in place at the Route 28 entrance, and the emergency access at
Abell's Road at the rear of the Property is gated, both as previously agreed. The security
station is manned from 10:00 p.m. to 3:00 a.m. nightly to restrict unwanted access;
3. As shown on the submitted Memorandum and in compliance with the Board's prior
condition, there were only a handful of complaints or incidents reported to the Police
Department in 2024, and the Applicant continues to proactively engage with neighbors
and the Town and has a good relationship with both;
4. The Property is adjacent to commercial properties fronting on Route 28 and further away
from the three residential properties to the rear of the Property along Saddleback Lane;
5. All applicable Board of Health and State regulations governing such housing, including
without limitation maximum occupancy per room, shall be met;
6. The Applicant has a positive track record of working with the Yarmouth Health and
Building Departments;
7. The seasonal housing occupants are employees of local businesses and companies serving
the needs of visitors, residents, and guests in Yarmouth. Many employees walk to work,
while others are transported in shuttle vans provided by their respective businesses, as
well as by bicycle, private car, and public transportation;
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8. These employees provide additional patronage to other nearby businesses, including
without limitation, CVS, Dollar General, and area restaurants;
There will be little vehicular trip generation nor negative impact to traffic safety on Route
28 as a result of the rooms being used for seasonal employee housing instead of guest
rooms. In addition, there is a centralized, commercial bicycle -rack system for all
employees' bicycles;
10. There is an onsite, live-in property manager as well as full-time maintenance personnel.
The manager ensures that all seasonal employees are apprised of the rules and code of
behavior prior to and during occupancy (see below).
11. Each seasonal housing room is provided with a refrigerator, pillows, sheets, and blankets;
12. There are kitchens and laundry facilities for all seasonal employee occupants;
13. Trash is collected and disposed of daily during the morning hours by maintenance staff,
and the Applicant further provides daily kitchen cleaning and daily package -mail delivery;
14. The Applicant ensures that all of the seasonal employees to be housed at the site
demonstrate maintenance of a principal place of residence elsewhere;
15. The Applicant keeps records of all employees utilizing such housing, including name,
pennanent address, and length of stay;
16. The Applicant's amenities, conditions, and rules and regulations ensure a good
environment for the Property and the neighborhood and include, in addition to those items
mentioned above, the following:
A. Each employee signs the Code of Conduct, which provides that:
I. Enforced quiet hours, including no outside parties and noise, are from
10:00 p.m. to 7:00 a.m. daily;
2. Alleged nuisances and disturbances to first be reported to onsite manager
and/or security for resolution;
There are weekly room inspections;
4. Smoking is prohibited in the buildings and is allowed in designated
smoking areas only;
5. Overnight guests are prohibited;
6. No personal items are to be left outside (in parking lot, over railings, on
stairs, etc.);
7. All cars must have a permit, be locked, and parked in designated spaces;
8. All bicycles must be placed in designated bike racks and locked; and
9. 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;
17. There will be no negative impact to drainage, septic flow or stormwater;
18. Based on past experience, the proposal will have less of an impact to the neighborhood
and the Town than the longstanding motel use of the Property; and
19. 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 results in the
seasonal employee housing being virtually invisible.
For all of the above reasons, the Applicant respectfully requests that the Board of Appeals make
findings that the proposal satisfies the criteria of Sections 103.2.2 and 404.5.2 of the Zoning By -Law and
grant the special permit as requested to allow the proposed seasonal employee housing at the Property.
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