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HomeMy WebLinkAboutZBA Summary of Reasoning (Sandbar Management, Inc.)(12.2021) 1 Law 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 Fax: (508) 398-1568 ______ www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Appeals Petition # 4926 SUMMARY OF REASONING Sandbar Management, Inc. [“Applicant”] operates the Cape Cod Inflatable Park and Cape Cod Family Resort at 512 and 518 Route 2 in West Yarmouth. T&C Holdings, LLC, a related entity, owns the abutting motel properties at 492 and 498 Route 28. All of the foregoing is referred herein collectively as “Property.” The parcels that make up the Property are identified as Parcels 79, 80, 82.C, 83, 84, and 85.1 on Yarmouth Assessor’s Map 31. The Property is located in the B2 & HMOD1 Zoning Districts. The Applicant last appeared before the Board four years ago (2017) for a modification that included the Lazy River water feature. At this time, the Applicant is proposing to further reconfigure, expand, and redevelop the Property 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 motel parcels, and replace the existing motel buildings with a smaller accessory structure, all as shown on the submitted plans. The proposal represents a continuation of the Applicant’s ongoing efforts to improve and upgrade the popular family-oriented business that has been thriving at this location. In order to complete the proposed redevelopment, the Applicant is requesting a special permit and, to the extent necessary, a variance in accordance with Section 104.3.2 of the Yarmouth Zoning By-Law [“Zoning By-Law”] and M.G.L. Chapter 40A, Section 6, and from Sections 203.4 and 203.5 in accordance with Section 102.2.2 of the Zoning By-Law and M.G.L. Chapter 40A, Section 10, as detailed below. More specifically, the following scope of relief was determined in consultation with the Yarmouth Building Commissioner as Zoning Enforcement Officer: 2 1. Amend Condition 3 of Decision #4567 to reconfigure the Park to remove the adventure inflatable rides and relocate the inflatable air rides to this front 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 1 of Decision #4420 and Condition 3 of Decision #4705, to reflect these updated hours of operation: 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.; 3. Amend Condition 1(c) in Decision #4420 to reflect new wall sconce lighting on the buildings within the Park. Otherwise, existing outdoor lighting will remain as previously approved; 4. Amend Condition 12 of Decision #4368, 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); 5. 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%. 3 In reviewing the special permit request, the Board must determine that the proposal either conforms to the current Zoning By-Law or will not be substantially more detrimental or more nonconforming to the neighborhood, Zoning District or Town than the existing conditions, that it will not cause or contribute to any undue nuisance, hazard or congestion, that there will be no substantial harm to the established or future character of the neighborhood or Town, and that strict enforcement of the current Zoning By-Law will result in undue hardship to the Property or the owner. If a variance is required, the Board is authorized to grant dimensional relief when it finds that owing to circumstances relating to the soil conditions, shape or topography of such land or due to circumstances relating to the structures and especially affecting such land or structures but not affecting generally the zoning district in which they are located, a literal enforcement of the provisions of the Zoning By-Law would involve substantial hardship, financial or otherwise, to the Applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Applicant respectfully submits that the proposal complies with the special permit and, if necessary, variance criteria, will not be substantially more detrimental or nonconforming, and will to the contrary be a significant benefit and improvement to the neighborhood and the community because: 1. The use remains a permitted use by special permit in the B2 Zoning District, and the proposal has been designed and is intended to complement and improve the vibrancy of the Property and the area. The proposal has been reviewed by both the Yarmouth Design Review Committee and the Site Plan Review Committee; 2. The motel buildings (containing a total of nineteen guest rooms and three apartments) and parking areas being removed are obsolete and will not be replaced in kind. A modest accessory building (to be used for storage) is proposed at the front of the Property on the west side along Route 28 as required by the Zoning By-Law. The design of this replacement building was altered and the landscaping in this portion of the Property was enhanced, both by request during the Design Review Committee review. Relief is requested to maintain the pre- existing nonconforming 28.5 ft. front setback for the main building face and 27± ft. for the roofed, architectural overhang at the front door; 4 3. Public safety will be enhanced by closing an additional curb cut on Route 28 and redesigning the second access point at the west side of the Property; 4. Emergency vehicle access to the Park will continue to be provided by two access gates in addition to the main entrance as previously approved; 5. The expanded parking on the west side of the Property will also be crushed shell to match the existing parking fields and will contain required landscape island and in-lot trees (3-in. caliper) as required except for requested 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 Property; 6. The season is being reduced, and the hours of operation are being updated 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.; For most of the year, the site will be closed; 7. The only new outdoor lighting will be new wall sconce lighting on the buildings within the Park. All other exterior lighting will remain as previously approved; 8. The removal of the adventure inflatable rides at the front of the Property and the relocation of the inflatable air rides to this front part of the Park will result in less visibility of park attractions behind the front screening fence and berm along Route 28. The wave pool, kids pool, flowrider, and adult pool bar and associated improvements within the Park will also not be visible behind the berm and fencing; 9. In connection with the permanent water ride feature proposed to replace the inflatable water rides, the Applicant’s goal is to make the Park even more welcoming to and enjoyable by entire families, including now parents, teens, and younger children: A. The new water ride feature will significantly enhance environmental and customer safety by the addition of a water-efficient filtration system, a complete disinfection and chlorination system, and a dedicated and better controlled and monitored slide 5 landing pool area at the bottom. The Applicant has been working closely with the Yarmouth Health Director as well as leading waterpark design and manufacturing firms on upgrading the Park’s operations; B. The muted colors were revised by request during the Design Review Committee review of the proposal and are acceptable to the Applicant; C. The requested height is proposed to allow for family use of the Manta raft ride, which can accommodate families up to five people. Given the substantial setback from Route 28 (approximately 390 ft. at its closest points) and screening by the vegetated berms and fence surrounding the Park on all exterior sides, the water ride will not be readily visible from offsite. Viewshed renderings from Route 28 were submitted; D. In case #4705, the Board agreed that one of the inflatable water rides could remain at 44 ft. tall, and the remainder to be no taller than 35 ft. The Applicant respectfully suggests that the current proposal will have no greater impacts than the previous approval for the reasons discussed herein. The platform on the requested water ride would be 39 ft. 1 in. to the platform where guests and employees would stand, while certain isolated, non-habitable components would in places be 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 single Manta raft conveyor. A diagram showing these proposed heights was submitted. The foregoing individual ride components could be interpreted to be covered and excepted by Section 203.4.1 of the Zoning By-Law as they are similar to the items referenced at the end of the Section; E. The new water ride feature will also help mitigate an ongoing staffing issue facing the Applicant and also enhance seasonal employment opportunities for local youth. This results from the fact that Massachusetts State code requires life guards and pool attendants for the multiple inflatable water rides to be older than those required for the proposed water ride feature; and F. For all of the above reasons and given the seasonal nature of the business, including 6 the limited number of good weather days during the season; the enhancements to safety, water quality, and environmental protection; and the uniqueness of the structures, layout, and use within the Park, it is respectfully submitted that there would be a substantial practical and financial hardship if a variance is determined to be necessary and not granted; 10. Pre-existing nonconforming site coverage will decrease from 79.8% to 78.1%; 11. Building coverage will remain conforming; 12. There will be no negative impact to drainage, septic flow or stormwater. The Yarmouth Conservation Commission has voted to issue a stormwater permit with conditions for the upgraded drainage throughout the parking fields. Drainage within the Park itself is self- contained, and the site will be dewatered at the end of each season; 13. The Building Commissioner suggested that we ask the Board to consider a request with regard to how parking is to be calculated in order to authorize the use of 3.8 people/car based on many years analysis of actual use instead of the more generic 3.0 people/car. This determination does not impact zoning, but in connection with this particular use, it does impact plumbing features and occupancy within the Park; 14. 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; 15. The Applicant has developed an excellent relationship with the Property neighbors and will continue to work closely with them in order to remain a good neighbor to the neighborhood and community. There have been no recent complaints or concerns raised by abutters; 16. The proposal will enhance the owner’s ability to maintain and further improve the economic viability of the expanded Property with an allowed use allowed; and 17. The Property will continue to be a boon not only to other businesses and motels in the immediate vicinity, but also throughout Town, and will remain an asset to the character of the neighborhood and Town. 7 For all of the above reasons, the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the criteria of Sections 102.2.2 and 104.3.2 of the Zoning By-Law and grant the amended or new Special Permit and Variance, as necessary, to allow the reconfiguration and expansion of the Cape Cod Inflatable Park and Cape Cod Family Resort as shown on the submitted plans and set forth above.