HomeMy WebLinkAbout5169 759 Route 28 Attorney Memo 04.07.25RECEIVED
APR 0 7 2025
MEMORANDUM YA; jAC TH
BOARD OF APPEALS
April 7, 2025
TO: YARMOUTH ZONING BOARD OF APPEALS
RE: APPLICATION OF SPINNER'S fNN S YARMOUTH LLC-PETITION NO.
5169
The Applicant's manager, Douglas Koenig, recently met with the Yarmouth
Building Commissioner to discuss its application for a special permit to allow all
24 units at the motel to be used for housing seasonal employees. Mr. Koenig
indicated to Mr. Grylls that he had been unable to find seasonal employees
employed in Yarmouth and that he had discovered that Chatham Bars Inn ("C131")
has a need for seasonal employee housing. Mr. Grylls indicated, pursuant to the
provisions under section 404.5.2 of the zoning bylaw, that the requested special
permit is required and that a formal request must be made to the Board for the
following described waivers in order that the Applicant may house the CBI
seasonal employees in all 24 rooms of the motel.
Mr. Grylls noted the need for a waiver by the Board of the requirements in the
zoning bylaw section 404.5.3. paragraph 1. to allow the housing of the CBI(non
Yarmouth employees) seasonal employees and in paragraph $(CBI to provide
meals to its seasonal employees as not all of the motel rooms are equipped with the
required facilities) and paragraph 9(allowing all 24 rooms to be occupied not just
the 15% limit in said paragraph) , which had also been waived in the three prior
special permits(appeals decisions 4950, 5004 and 5072) issued to the current
owner and referenced in the application.
As noted in the application under the project summary and relief requested sections
the Applicant intends to operate the motel in the same fashion as described in the
above referenced appeals decisions 4950, 5004 and 5072, viz. all 24 rooms will be
used to house the said CBI seasonal employees for no more than seven months
between April 1 and October 31 of the current year and all meals for the seasonal
employees will be provided by CBI for consumption at its location and/or to take
back to the motel.
On behalf of the Applicant, request is hereby made to the Board for waivers of the
requirement limiting the seasonal employee housing to employees employed in
Yarmouth in bylaw section 404.5.3 paragraph 1. and of the said
requirements/limitations set forth in section 404.5.3. paragraphs 8 and 9.
Bernard Kilroy, Attorney for the Applicant