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HomeMy WebLinkAbout5161 452 Route 28 Decision RecordedARNOUF�w 21125 0:56 FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: PROPERTY OWNER: TOWN OF YARMOUTH BOARD OF APPEALS DECISION February 21, 2025 5161 February 13, 2025 Sandbar Management, Inc. Amplify Holdings LLC Bk 36877 Pg286 #10581 03-18-2025 @ 02:14p PROPERTY: 452 Route 28, West Yarmouth, MA Map & Parcel: 0031.73 Zoning District: B2 & HMODI Book 35804, Page 160 Plan Book 383, Page 56 MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin, Jay Fraprie, John Mantoni, and Dick Neitz 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 HMODI Zoning District and contains four motel buildings and a total of 143 guest rooms. The Petitioner seeks permission to use all four buildings as seasonal employee housing. This is equivalent to 1000/a of the total number of guest rooms on the Property. The Petitioner was represented by Attorney Andrew Singer and Mr. Joseph Marrama, principal owner of the motel business. A letter of support was submitted by abutter Kevin Enright. There were no other public comments or concerns. The proposal requires a Special Permit in accordance with Section 404.5.2 of the Yarmouth Zoning Bylaw because one of the ten conditions for such housing by right set forth in Section 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 one hundred percent (100%) of the rooms. "Orl, �" Mrr' MAR 14 2025 Bk 36877 Pg287 #10581 The Board of Appeals is appointed in the Zoning Bylaw as the permit granting authority for such authorized Special Permits. In accordance with Section 103.2.2 of the Zoning Bylaw, 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. This is a renewal application for a new Special Permit. The Board granted a Special Permit in Petition 1#5054 for seasonal employee housing at the Property for the 2024 season, authorizing 100°/u of the rooms to be so used. This Special Permit was granted with 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 2024 season so that the Board and Applicant can review and discuss past and future measures to ensure continued, successful seasonal employee occupancy at the Property in the face of the strong demand for such temporary housing. The seasonal employee housing will service several area businesses as in prior seasons, including Wicked Waves Waterpark (the Applicant's nearby business). Employees of the Waterpark and another nearby business will walk to work. Depending on the employer, employees of other businesses will be shuttled to and from work in vans or travel by private motor vehicle, bicycle or public transportation. 'There will be little vehicular trip generation nor negative impact to traffic safety on Route 28 as a result of the proposal. In the 2024 season, the Applicant installed a centralized, commercial bicycle rack system for all employees' bicycles. Also in the 2024 season, the Applicant installed a security station at the Route 28 entrance. This station is manned by a security detail from 10:00 p.m. to 3:00 a.m. nightly to restrict unwanted access and is located approximately at the back of the front portion of the building so that the existing front parking spaces remain open for temporary usage. There is also a gate installed at the rear of the Property from Abell's Road which remains closed and is used as an emergency egress. Knox boxes are provided as necessary for Police and Fire Department emergency access. All applicable Board of Health and Commonwealth of Massachusetts regulations governing such housing shall continue to be met. Maximum occupancy per room shall continue to meet health codes. The Applicant has a solid track record of working with the Yarmouth Health Department in licensing the Property for such employee housing use. The seasonal employee housing will be no more than seven months per year between April I' and October 31'. Each room is provided with a refrigerator, pillows, sheets, and blankets. There are kitchens and laundry facilities on the Property to be used by the seasonal employee occupants. Trash at the Property is collected and disposed of every day during the morning hours by the maintenance staff, and the Applicant further provides daily kitchen cleaning and daily package/mail delivery. A TRUE COPY ATTEST. &�j,aAw� qWfCUCIMWN7CM MAR 14 2025 Bk 36877 Pg288 #10581 There is an onsite live-in property manager as well as a full-time maintenance person and 24/7 security and cameras. The on -site manager ensures that all seasonal employees are apprised of the rules and code of behavior prior to and during occupancy. Each employee is 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. Alleged noise nuisances and disturbances should be first be reported to onsite manager and/or security for resolution; 3. There will be 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 bicycles must be placed in designated bike racks and locked; 8. All cars must have a permit, be locked, and parked in designated spaces; 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. The Applicant ensures that all seasonal employees temporarily housed at the site demonstrate maintenance of a principal place of residence elsewhere. The Applicant keeps records of all employees utilizing such housing, including name, permanent address, and length of stay. The Applicant's 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 buildings will minimize visibility of the seasonal employee housing. A neighbor to the rear submitted a letter stating that there have been no issues and that the Property is a good neighbor. As shown on the submitted Police Department log reports, there were only a handful of complaints or incidents reported in 2024, and they were minor. Based on the above, testimony received at the public hearing„ and questions and answers with the Board, 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 is a significant benefit in providing an urgent, unmet housing need for local Yarmouth businesses. A TRUE COPY ATTmr. CMU01 CMC I TOWN CLER C MAR 14 2025 Bk 36877 Pg289 #10581 Thereafter, a motion was made by Mr. Fraprie, seconded by Mr. Martin, and voted 5-0 in favor, to grant a Special Permit in accordance with Sections 103.3.2 and 404.5.2 of the Yarmouth Zoning Bylaw and M.G.L. Chapter 40A, Section 6, to authorize 100% of the motel rooms (143) at the Property to be used for seasonal employee housing for the 2025 season 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 Applicant's Code of Conduct; 2. Employee shuttle vans shall load and unload from on the Property and not Route 28; and 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. 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 Special Permit shall lapse if a substantial use thereof has not begun within 24 months. (See bylaw § 103.2.5, MGL o40A §9) Sean Igoe, Chairman 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 #5161 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. -- &efiu-� . Mary A. Maslowski, CMMC, CMC MAR 14 2025 A TRUE COPY ATTEST CAC / TOWN CI.ER MAR 14 2025 Bk 36877 Pg290 #10581 COMMONWEALTH OF MASSACHUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Petition #: 5161 Date: March 14, 2025 Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER: Sandbar Management, Inc. PROPERTY OWNER: Amplify 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 & HMOD1; Book 35804, Page 160; Plan Book 383, 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 Clerk 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. Sean Igoe, Chairman A TRUE CQPY ATTEST` JOHN F. NEADE, REGISTER BARNS RECEIM REC�L�LECTRONICALLYS