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Home My WebLink About4926 CCIP ApplicationVARMOUT 14 TOWN'CLERK TOWN OF YARMOUTH BOARD OF APPEALS APPLICATION FOR HEARING Appeal#: 9 92 C_ Hearing Date: Fee$ Applicants: Sandbar Management, Inc. (Full Names- ineludinjZ dlb/a) c/o Law Office of Singer & Singer, LLC, P.O. Box 67, Dennisport, MA 02639, 508-398-2221 alsinger@singer-law.com (Address) ephone Number) (Email Address) and is the (check one) Owner Tenant Prospective Buyer Other Interested Party Property: This application relates to the property located at: 492,498, 512 and 518 Route 28, W.Yarmouth and shown on the Assessor's Map #: 31 as Parcel#: 79, 80, 82-C, 83, 84, and 85.1 Zoning District: n2 & HMOD1. If property is on an un-constructed (paper) street name of nearest cross street, or other identifying location: Project: The applicant seeks permission to undertake the following construction/use/activity (give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house" or "change the use of the existing building on the property"): RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: See attached. 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. *Modification of prior Special Permits, or new 2} X L SPECIAL PERMIT under § 104.3.2.3 & .4 of the Yarmouth Zoning By-law and, for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 N11 .(use space below if needed) *Modification of prior Variance, or new 3) X VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: 203.4.1 & 203.4.2 Height of replacement water ride feature; (see attached.) Section: Relief sought: Section: 203.5 Relief sought: Front setback of replacement building roof overhang; (see attached.) Section: Relief sought: ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: FACT SHEET Current Owner of Property as listed on the deed (if other than applicant): Sandbar Holdings LLC, 518 Main Street, W. Yarmouth, MA & T&C Holdings, LLC, 518 Main Street, West Yarmouth, MA Name & Address Book 6730, Page 2, Book 26033, Page 253 Book 29259, Page 67 and Book 32953, Page 1 a Title deed reference: Book & Page# or Certificate # s Land Court Lot & Plan: Lot 44 on Plan 26266-F (provide copy of recent deed) Lot 43 on Plan 26266-F Lot 41 on Plan 26266-D Use Classification: Existing: Amusement & Recreation Services and Hotel or Motel Section 202.5 # N11& A7 Proposed: Amusement & Recreation Services §202.5 # N11 & A7 and Hotel or Motel 199116, C217-73, C217-74, C217-75 C217-76, C217-77, C217-83,C217-85, C217-87, C217-90 and 227222 Is the property vacant: No If so, how long?: Lot 44 on Plan 26266-F, Lot 43 on Plan 26266-F, Lot 41 cn Plan 26266-D, and Lot Information Size/Area: see plan Plan Book and Page 652 / 84 Lot# and 112 1 61 Is this property within the Aquifer Protection Overlay District? Yes No X Have you completed a formal commercial site plan review (if needed)? Yes X No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Site Plan Review and Design Review Committees and Conservation Commission (stormwater permit) Repetitive Petition: Is this a re -application: No If yes, do you have Planning Board Approval? Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the date and Appeal number(s) and other available information. Include a copv of the decision(s) with this application: Petition #4368, #4420, #4486, #4524, #4567, and #4705 Building Commissioner Comments: Z ba. r Management Inc. Applicant' IAtt ey, gen ature Address: Law Office of Singer & Singer, LLC P.O. Box 67, Dennisport, MA 02639 Phone 508-398-2221 E-Mail: alsinger@singer-law.com Joseph rrama, Manager By: S Owner's Signature Andrew L. ger, Ahy Building loner Signature Date TOWN OF YARMOUTH ZONING BOARD OF APPEALS SPECIAL PERMIT AND VARIANCE APPLICATION Applicant: Sandbar Management Inc. Owners: Sandbar Holdings LLC and T&C Holdings LLC Properties: 492, 498, 512, and 518 Route 28, West Yarmouth Assessor's Map 31, Parcels 79, 80, 82.C, 83, 84, and 85.1 Project: The Applicant is seeking to reconfigure the existing Cape Cod Family Resort Park to replace the inflatable water rides with a permanent water ride feature, add additional pool and ride areas, mechanical and other buildings, and associated infrastructure, remove the adventure inflatable rides and relocate the inflatable air rides to this former area, expand parking on -site and on incorporated adjacent parcels, and replace motel buildings with a smaller accessory structure, all as shown on the submitted plans. Relief The Applicant is requesting a special permit and variance, as necessary and as more Requested: specifically detailed below, in accordance with Section 104.3.2 of the Yarmouth Zoning By -Law and M.G.L. Chapter 40A, Section 6, and from Sections 203.4 and 2035 in accordance with Section 102.2.2 of the Yarmouth Zoning By -Law and M.G.L. Chapter 40A, Section 10, in order to complete the work as follows: Amend Condition 3 of Decision #4567 to reconfigure the Park to remove the adventure inflatable rides and relocate the inflatable air rides to this part of the Park and install the permanent water ride feature in place of the inflatable water rides as well as additional pool and ride areas, mechanical and other buildings, and associated infrastructure; 2. Amend Condition 3 of Decision #4368, as previously amended in Condition I of Decision #4420 and Condition 3 of Decision #4705, to reflect updated hours of operation as follows: A. June through Labor Day, weather -dependent; B. Water Park —10:00 a.m. to 6:00 p.m.; and C. Inflatable Park —10.00 a.m. to 10:00 p.m.; Amend Condition I (c) in Decision #4420 to reflect new wall sconce Iighting on the buildings within the Park. Otherwise, existing outdoor lighting will remain as previously approved; 4. Amend Condition 12 of Decision 94368, as previously amended in Condition 4 of Decision #4705, to allow maximum height of water ride feature to be 39 ft. 1. in. to the platform, 42 ft. 7 in. to the top of the guardrail, 46 ft. 11 in. and 47 ft. 4 in. respectively to the top of two slides, and 49 ft. 10 in. to the top of the conveyor (see Section 203.4.1 for exemptions); Authorize use of parking determination of 3.8 people/car based on many years analysis of actual use instead of 3.0 people/car. This determination impacts plumbing features and occupancy within the Park as per discussion with the Building Commissioner; 6. In connection with the replacement, accessory, garage storage building at the former 492-498 Route 28, relief to maintain the pre-existing nonconforming 28.5 ft. front setback for the main building face and 27± ft. for the roofed overhang at the front door as requested by the Town Planner. This building is an accessory building as defined because all of the land that is part of this Application is controlled by the same individual(s); and 7. Relief to maintain the existing vegetated buffer between the former 492-498 Route 28 and the adjacent 504 Route 28. All other landscape requirements for plantings and buffer trees will be complied with throughout the combined land. Pre-existing nonconforming site coverage will decrease from 79.8% to 78.1%.