HomeMy WebLinkAbout12-09-21 Decision 4926 - Cape Cod Inflatable Park - recordedBk 34845 P:o296 �W 3494
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BARNSTALLE LnHD cOURT REGISTRY
COMMONWEALTH OF MASSACHUSETTS
` TOWN OF YARMOUTH
,a BOARD OF APPEALS
Petition #: 4926 Date: January 10, 2022
Certificate of Granting of a Special Permit
(General Laws Chapter 40A, section 11)
The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been
granted to:
Sandbar Management, Inc.
492, 498, 512, and 518 Route 28
West Yarmouth, MA 02673
Affecting the rights of the owner with respect to land or buildings at: 492, 498, 512 and 518 Route 28, West
Yarmouth, MA; Map & lot#: 0031.79, 80, 82-C, 83, 84 & 85.1; Zoning District: B-2 & HM0D1;
Certificate #: 199116 & C217-73, C217-74, C217-75, C217-76, C217-77, C217-83, C217-85, C217-87,
C217-90, and 227222. Land Court Lot & Plan: Lot 44-Plan # 26266-F, Lot 43-Plan # 26266-F, Lot 41-
Plan #26266-D. Book 6730, Page 2, Book 28033, Page 253, Book 29259, Page 67, and Book 32953, Page
18. Plan Book 652, Page 84. Plan Book 112, Page 61 and the said Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of
said decision, and of all plans referred to in the decision, have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A,
Section 11 (last paragraph) and Section I3, provides that no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that
twenty (20) days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal
has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the
Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under
the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
Steven S. DeYoung, Chairman
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rs SJAN 5''2022
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: December 20, 2021
PETITION NO: 4926
HEARING DATE: December 9, 2021
PETITIONER: Sandbar Management, Inc.
OWNERS: Sandbar Holdings LLC and T&C Holdings, LLC
PROPERTY: 492, 498, 512, and 518 Route 28, West Yarmouth, MA
Map & Parcel: 0031.79, 80, 82-C, 83,84 & 85.1;
Zoning District: B2 & HMODI
Certificate #: 199116 & C217-73, C217-74, C217-75, C217-76,
C217-77, C217-83, C217-85, C217-87, C217-90, and 227222
Land Court Lot & Plan: Lot 44-Plan # 26266-F
Lot 43-Plan # 26266-F
Lot 41-Plan #26266-D
Book 6730, Page 2, Book 28033, Page 253, Book 29259, Page
67, and Book 32953, Page 18
Plan Book 652, Page 84
Plan Book 112, Page 61
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman; Sean Igoe, Vice
Chairman; Jay Fraprie; and Timothy Kelley
Notice of the hearing has been given by sending notice thereof to 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 Register, the hearing opened and held on the date as stated above.
The Petitioner is Sandbar Management, Inc. The Petitioner has previously obtained relief from
the Board of Appeals in Petition Nos. 4368, 4420, 4486, 4524, 4567, and 4705 for the properties
at 512, 518, 526, and 532 Route 28, West Yarmouth. The properties are the site of tq,Cape Cod
Inflatable Park and Cape Cod Family Resort. The current Petition also inchid'the adjac641-i"
properties at 492 and 498 Route 28, West Yarmouth. The properties colle jely are located: tfj
the B-2 Zoning District and the HMOD1 Zoning District. .UE COPY ATT
The Petitioner now seeks permission 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 Petitioner was represented by Attorney Andrew Singer'together with Mr. Joseph Marrama,
principal owner and operator of the facility; Mr. Kieran Healy, Engineer; and Mr. Ray
Lauenstein, of Aquatic Development Group. Kathy Lahav and Ruben Lahav (tenants at
commercial property across the street), Michel Mangalo (commercial shopping plaza property
owner across the street), Patty LIoyd (Cape Cod Chamber of Commerce), Brian Carey, and Tom
Nickinello spoke in support of the proposal. Genevieve Smithland (residential abutter to the rear
of the property) spoke with two concerns regarding the amount of water used and the height of
the proposed water ride. The Yarmouth Conservation Agent submitted a Memorandum reflecting
that the Conservation Commission voted to grant a Stormwater Permit with conditions for the
proposed redevelopment.
A lengthy discussion, including questions and consideration, took place concerning which parts
of the proposal require a special permit or a variance and the respective criteria for such relief, as
well as concerning the wave pool, the swim -up adult pool, Park operations, safety, Iifeguards,
peak day use, and bathrooms. There was further discussion about parking spaces, calculation of
people per car, occupancy, and traffic. There was considerable discussion and debate concerning
the setbacks, design, landscaping, and screening of the new accessory storage building and
parking at the to -be -incorporated site of the two adjacent, obsolete motel properties. As
originally proposed, one additional curb cut on Route 28 would be closed.
In consultation with the Yarmouth Building Commissioner as Zoning Enforcement
Officer, the Petitioner initially proposed the following specific relief:
I. 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 install the wave pool, flowrider, adult pool, and kids pool as
well as mechanical and other buildings, and associated infrastructure;
Amend Condition 3 of Decision #4368, as previously amended in Condition 1 of
Decision 04420 and Condition 3 of Decision #4705, to reflect 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 scpnce lig6tiri� ,
the buildings within the Park. Otherwise, existing outdoor lilt ing will remain'?v
previously approved;
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4. Amend Condition 12 of Decision #4368, as previously amended in Condition 4 of
Decision #4705 (allowing one inflatable water ride to be 44 ft. in height), to allow
maximum height of replacement water ride feature to be 39 ft. I in. to the
platform, 42 ft. 7 in. to the top of the guardrail, 46 ft. I I in. and 47 ft. 4 in.
respectively to the top of two slides, and 49 ft. 10 in. to the top of the conveyor;
Authorize use of parking determination of 3.8 people/car instead of 3.0 people/car
based on experience of Aquatic Development Group with its developments,
experience with family use of the Park, and the fact that up to thirty percent (30%)
of the Park customers typically reside in the Cape Cod Family Resort motel
rooms. This determination impacts plumbing features and occupancy within the
Park in that the greater the occupancy, the more plumbing fixtures are required for
customers;
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 %.
The use of the Park 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 represents a continuation of the Petitioner's ongoing efforts
to improve and upgrade the popular family -oriented business that has been thriving at this
location. The proposal has been reviewed by both the Yarmouth Design Review Committee and
the Site Plan Review Committee, and the Yarmouth Conservation Commission has voted to
approve a Stormwater Permit. Emergency vehicle access to the Park will continue to be
provided by two access gates in addition to the main entrance as previously approved.
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-,
Building coverage will remain conforming. There will be no negative impact to drainage, septic
flow or stormwater. Drainage within the Park itself is self-contained, and the site vjil�$e
dewatered at the end of each season.
While all Board members agreed that the existing motel buildings are obsol else and in need of,'
redevelopment, they did not agree on the deternunation of the replacement %dFPppy AiST:
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allowed accessory structure under the Zoning By -Law. Therefore, the Petitioner proposed to
withdraw this portion of the request and revisit it later in a subsequent petition as necessary,
except for maintaining the existing shell parking at the rear of the motel property. As a result,
the relief requested in Nos. 6 and 7 above was no longer necessary for this Petition, and the
existing curb cuts on Route 28 will remain as is.
Some of the Board members were also concerned with the relief required for the height of the
proposed replacement water ride feature. Therefore, the Petitioner proposed to withdraw this
portion of the request and revisit it later in a subsequent petition as necessary. As a result, the
relief requested in No 4 above was no longer necessary for this Petition.
Based on the above and testimony received at the public hearing, the Board found that the
balance of the redevelopment proposal 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.
Thereafter, a motion was made by Mr. Igoe, seconded by Mr. Fraprie, and voted 4-0 in favor, to
grant as requested herein modifications to the previously -granted Special Permit, as amended, in
accordance with the plans submitted as follows and subject to the following conditions:
Amend Condition 3 of Decision #4567 to reconfigure the Park to remove the
adventure inflatable rides and relocate the inflatable air rides to the front part of
the Park and install the wave pool, flowrider, adult pool, and kids pool as well as
mechanical and other buildings, and associated infrastructure, other than the
permanent water ride feature;
Amend Condition 3 of Decision #4368, as previously amended in Condition 1 of
Decision #4420 and Condition 3 of Decision #4705, to reflect 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;
4. Authorize use of parking determination of 3.8 people/car instead of 3.0 people/car
for purposes of calculating plumbing features and occupancy within the Park; and
5. Subject to the following three conditions:
A. A copy of the safety plan for the wave pool within the Park shall be CJ
submitted to Board of Appeals office; ►y �-
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B. The existing clam shell parking area on the west side of the Property as
shown on Sheet 2 of 7 of the submitted plan package may continue to be
used, but not expanded without further review of the Board of Appeals;
and
C. If the properties at 492 and 498 Route 28 are no longer used in the future
in connection with the Cape Cod Inflatable Park and Cape Cod Family
Resort, then re -use of such properties shall be reviewed by the Board of
Appeals.
Thereafter, the Petitioner requested to withdraw without prejudice so much of the Petition that
dealt with installing the permanent water ride feature in place of the inflatable water rides and
removing the motel buildings and replacing them with a new, smaller building and expanded
parking and closing a curb cut. Upon a motion duly made and seconded, the Board voted 4-0 in
favor of granting the request to withdraw these portions of the Petition without prejudice.
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 17 and
must be filed within 20 days after filing of this notice/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 §9)
Steven DeYoung, Chairman
CERTIFICATION OF TOWN CLERK
I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days have
elapsed since the filing with me of the above Board of Appeals Decision # 4926 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
raEC I�TRY OF DEEDS
A TRUE COPY, AT TEST
JO',-J.N F. MEADE, REGST"P___,I
,BAN 10 2022
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
A ��.[JE COPY AT�
CM'I J ��, '-' ' JAR- 1 D 2022
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