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HomeMy WebLinkAboutBoard of Appeals Decision Dec 2023TOWN OF YARMOUTH BOARD OF APPEALS DECISION FILED WITH TOWN CLERK: PETITION NO: HEARING DATE: PETITIONER: OWNER: PROPERTY:452 Route 2$ West Yarmouth, MA Map & Parcel: 31.73 zoning District: 82 & HMODI Book 30325, Page 40 Plan Book 363, Page 56 MEMBERS PRESENT AND VOTING: Vice Chair Sean lgoe, Dick Neitr, John Mantoni, Anthony Panebianco, and Bsrbara Murphy Notice of the hearing has been given by sending notice thereofto 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 limes, the hearing opened and held on the date as stated above. The Petitioner is Sandbar Managonent, lnc. The Property is the site ofthe 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 current total of 148 guest rooms. The Petitioner seeks permission to use all four buildings (with a reduced total of 143 rooms) as seasonal ernployee housing. This is equivalent to 100% ofthe total number ofguest rooms on the Property. The Petitionor was represented by Attorney Andrew Singer and Mr. Joseph Marrama, principal owner ofthe motel business. L€tters and memoranda ofsupport were submitted by abutter Kevin Enright; Ken Amiott of Couto Management Group, LLC; Alton Chun of Red Jacket Resorts; Yarmouth Chamber of Commerce; and Cape Cod Chamber of Commerce. Sandra Armstong, Donna Zalauskas, and Gail LiDonni spoke with questions and concerns. The proposal requires a Special Permit in accordance with Section 404.5.2 ofthe Yarmouth Zoning Bylaw because one of the ten conditions for such housing by right set forth in Section December 5, 2023 5054 October 26, 2023 Sandbar Menagement, Inc. T&C Holdings LLC 404.5.3 cannot be met. Specifically, while employee housing offifteen percent (15%) of the total number of rooms is allowed by right, the proposal requests one hundred percent (100%) ofthe rooms. The Board ofAppeals is appointed in the Zoning Bylaw as the permit gmnting 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 dernonstration that the proposal will not create undue nuisance, hazard or congestion and that there will be no substantial harm to the established or futur€ character ofthe neighborhood or Town, This is a renewal application for a new Special Permit. The Board granted a Special Permit in Petition #5008 for seasonal employee housing at the Property for the 2023 season, authorizing 49% ofthe rooms to be so used. This Special Permit was granted with a condition that ifthe Applicant retums 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 2023 season so that the Board and Applicant can review and discuss past and future measures to ensure successful seasonal ernployee occupancy at the Property in the face of the strong dernand for such temporary housing. The Applicant submifted a Mernorandum fulfilling this condition and has also proposed additional measures to implement for the 2024 season. The seasonal employee housing will service several area businesses, including Wicked Waves Waterpark (the Applicant's nearby business), Red Jacket Resort, Dunkin Donuts, Shaw's, Palcake Man, Freebird Motor Lodge, Seafood Sam's, Lobster Boat, and Cape Cod Commercial Linens. Employees of the Waterpark and the abutting Dunkin Donuts will walk to work. Depending on the employer, anployees ofother businesses will be shuttled to and from work in vans or travel by private motor vehicle, bicycle or public hansportation. There will be little vehicular trip generation nor negative impact to traffrc safety on Route 28 as a result ofthe proposal. New for the 2024 season, the Applicant will install a centralized, commercial bicycle- rack system for all ernployees' bicycles. Also new for the 2024 season, the Applicant will install a gate with gatehouse at the Route 28 entrance. This gate will be closed and manned by a security detail from 9:00 p.m. to 3:00 a.m. nightly to restrict unwanted access and will be located approximately at the back ofthe front portion ofthe building so that the existing front parking spaces will remain open fior temporary usage. There will also be a gate installed at the rear ofthe Property from Abells Road which will remain closed and be used as an emergency egress. Knox boxes will be provided as necessary for Police and Fire Department emergency access. All applicable Board of Health and Commonwealth of Massachusetts regulations goveming such housing shall be met. Maximum occupancy per room shall meet health codes. The Applicant has a 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 1" and October 3l$. Each room is provided with a refrigerator, pillows, sheets, and blankets. There will be eight (8), fully-equipped kitchens on the Property to be used by the seasonal onployee occupants, and all employees will have access to a kitchen. To accomplish this with the requested increase in employee housing room usage on site, the Applicant is reducing the total number of motel rooms from 148 down to 143 rooms. Trash at the Property is collected and disposed ofevery day during the moming hours by the maintenance staff, and the Applicant further provides daily kitchor cleaning and daily packagey'mail delivery. There will also be eight (8) taundries with washers and dryers on the Property. There will be an onsite live-in property manager as well as a full-time maintanance person and 2417 security and cameras. The on-site manager will ensure that all seasonal ernployees are apprised ofthe rules and code ofbehavior prior to and during occupancy. Each employee will be required to sign a Code ofConduct, providing that: L Enforced quiet hours, including no outside parties and noise, are from l0:00 p.m. to 7:00 a.m. daily; 2. Alleged noise nuisances and disturbances should 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. Ovemight guests are prohibited; 6. No personal items are to be left outside (in parking lot, over railings, on stairs, etc.);7. All bicycle must be placed in designated bike racks and locked; 8. All cars must have a permit, be locked, and parked in designated spaces; and9. For a first violation ofthe Code, there will be a waming. A fine witl be assessed ifthere is a second violation. If there is a third violation, the anployee will be removed from the Property. The Applicant will ensure that all of the seasonal employees to be housed at the site demonstrate maintenance ofa principal place ofresidence elsewhere. The Applicant shall keep records ofall employees utilizing such housing, including name, permanent address, and length ofstay. The Applicant's proposed amenities, conditions, and rules and regulations are designed to ensure a good environment for the Property and the neighborhood. 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 will be a sigrificant benefit in providing an urgent, unmet housing ned for local Yarmouth businesses. 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 ofthe 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. Thereafter, & motion was made by Mr. Neitz, seconded by Mr. Panebianco, and voted 5-0 in favor, to grant a Special Permit in accordance with Sections 103.3-2 and 404.5.2 ofthe Yarmouth Zoning Bylaw and M.G.L. Chapter 40A, Section 6, to authorize 100% oithe motel rooms (143) at the Property to be used for seasonal anployee housing as shown on the submitted plans and on the following conditions: I . The Special Pefinit is granted for one year and is based on the Code of Conduct presented by the Applicant; 2. Employee shuttle vans shall load and unload from on the Property and not Route 28; and3. When the Applicant comes back for renewal of the Special Permit, it shall provide a list ofany complaints or incidents from the Police or Fire Departnents dwing the year. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. This decision must be recorded at the Registry of Deeds and a copy forwarded to the Board of Appeals. Appeals from this decision shall be made pursuant to MGL c40A section l7 and must be filed within 20 days after filing of this noticey'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, MGL c40A g9) Sean Igoe, Vice Chair CER'I'IFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certiry that 20 days have elapsed since the filing with me of the above Board of Appeals Decision #5054 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. Mary A. Maslowski, CMC t