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HomeMy WebLinkAbout5216 452 Route 28 Memorandum and NarrativeLaw 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 RECEIVED Fax: (508) 398-1568 _ www.singer-law.com Myer R. Singer (1938-2020) JAN 14 2026 YARMOUFH BOARD OF APPEALS Yarmouth Board of Appeals 452 Main Street (Route 28), West Yarmouth MEMORANDUM This Memorandum is a companion to the Application Narrative submitted in connection with the above property in compliance with a condition in Board of Appeals' Decision Petition #5161 (2025). The Board required that in this renewal application for employee housing at the Property for the 2026 season, the Applicant provide a list of any complaints or incidents from the Police Department during the 2025 season. The intent is to allow the Board and Applicant to review and discuss past and future measures to ensure the ongoing success of the needed, seasonal employee housing at the site. The Applicant continues to proactively engage with neighbors and the Town and has a good relationship with both. The Police Department log list related to the Property during the 2025 season (copy available upon request) includes the following entries: Fifteen Routine Police Service calls; 2. Fifteen Noise Complaint calls; 3. Seven calls involving an ongoing domestic dispute and a separate address; and 4. Several calls involving lost property, motor vehicle issues, a stove fire, and one argument between roommates. Thank you. TOWN OF YARMOUTH RECEIVED ZONING BOARD OF APPEALS JAN 14 2026 SPECIAL PERMIT APPLICATION YA;4,.VxrrQ BOARD OF APPEALS Applicant: Sandbar Management Inc_ Owners: Amplify Holdings LLC Property: 452 Main Street (Route 28), West Yannouth Assessor's Map 31, Parcel 73 Project: The Applicant proposes to use die 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 G, to again provide seasonal employee housing at the Property. The Applicant proposes to use 100% of the rooms for such needed housing, die 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 P' and October 3111; 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 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, Dunkin Donuts, Shaws, Pancake Man, Aiden Hotel, Lobster Boat, Skippers, and Seafood Sams; 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, 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); G. 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 packageimail delivery service; 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; 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: 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 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 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 2025 special permit (Petition 5161) is a Memorandum discussing any complaints or incidents from the Yarmouth Police Department during 2025. The Applicant has reached out to the Yarmouth Fire Department as well. 2