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HomeMy WebLinkAbout2022-03-08 ZBA Filing - Summary of Reasoning (Sandbar Management) 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 #4948 SUMMARY OF REASONING Sandbar Management, Inc. [“Applicant”] operates the Cape Cod Inflatable Park and Cape Cod Family Resort at 512 and 518 Route 28 in West Yarmouth [collectively “Property”]. The Property is located in the B2 & HMOD1 Zoning Districts. The Applicant appeared before the Board earlier this year for a proposed redevelopment of the Park. At that time, a portion of the request that involved replacing the inflatable water rides in the rear of the Park with a permanent water ride feature was withdrawn for further consideration in light of comments received and discussion with the Board. The Applicant has now revised this proposal to better conform to the existing conditions at the site while still providing the ability to offer the family raft ride portion of the water ride feature (the Manta Ride). The proposal will be a perfect complement to the lazy river, wave pool, kids pool, flow rider, and inflatable air rides that make up the balance of this leading summer venue. No further changes are proposed beyond what was approved earlier this year. In order to complete this aspect of the proposed redevelopment, the Applicant is requesting a new or amended special permit and variance in accordance with Sections 102.2.2, 104.3.2, 203.4, and 203.5 of the Yarmouth Zoning By-Law and M.G.L. Chapter 40A, Sections 6 and 10, in order to: 1. Amend prior relief to allow reconfiguration of the Park to install a permanent water ride feature in place of the inflatable water rides and associated infrastructure; and 2. Amend Condition 12 of Decision #4368, as previously amended in Condition 4 of Decision #4705, to allow the maximum height of select portions of the water ride feature to be as shown on the submitted plans and detailed herein. 2 In reviewing the special permit request, the Board must make certain determinations as set forth in the Zoning By-Law. These include 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. In reviewing the variance request, the Board is authorized to grant dimensional relief when it makes three findings. These include 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; that desirable relief may be granted without substantial detriment to the public good; and that such relief can be granted without nullifying or substantially derogating from the intent or purpose of the Zoning By-Law. The Applicant respectfully submits that the proposal satisfies the special permit and 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 Cape Cod Inflatable Park and Cape Cod Family Resort is a leading seasonal, summer- time destination for tourists and residents of Cape Cod, and further upgrading the attraction as proposed will enhance the family-friendly capacity of the Park; 2. There will no change to the seasonal nature of the business nor in the previously-approved hours of operation. The Water Park is only open, weather-dependent, between 10:00 a.m. to 6:00 p.m., June through Labor Day; 3. The purpose of the new water ride feature is to make the Park even more welcoming to and enjoyable by entire families, including parents, teens, and younger children. This in particular includes the Manta family raft ride, which can accommodate families up to five people; 4. The reconfigured water ride has been significantly lowered in height from what was originally proposed (approximately 50 ft.) and will be below the height of the tallest, currently-permitted 3 inflatable water ride on the Property (44 ft.). The top of the platform for the new water ride will be 35 ft. 5 in., the top of the guardrail will be 38 ft. 11 in., and the tops of the slides and conveyors will be between 40 ft. 5 in. and 43 ft. 8 in. The bulk of the structure will be below 35 ft. in height; 5. The water ride will be set back approximately 390 ft. at its closest points from Route 28 and is also to be located in a portion of the Property that is several inches below the grade of the street. The topography and distance, plus the existing raised berm and fence at the front and side of the Property as well as the raised berm at the rear and side of the Property, will provide further screening of the water ride; 6. The proposed, muted colors are in response to a request of the Design Review Committee; 7. The redesigned water ride also results in improved stairway access with a lower raft conveyor at top as well as a more uniform ride experience and easier operations; 8. The 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 landing pool area at the bottom. The Applicant continues to work closely with Yarmouth Health Department; 9. The new water ride feature will 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 lifeguards and pool attendants for the multiple inflatable water rides to be older than those required for the proposed water ride feature; 10. Emergency vehicle access to the Park will remain as permitted, and the Applicant will continue to consult regularly with the Yarmouth Fire Department; 11. There will be no negative impact to drainage, septic flow or stormwater; 12. Given the seasonal nature of the business, including the limited number of good weather days during the season; the enhancements to safety, water quality, and environmental protection; the topography and soil conditions (which restrict the ability to dig down in the rear of the Property to physically lower the water ride); and the uniqueness of the structures, layout, and 4 use within the Park, there will be a substantial practical and financial hardship if a variance is not granted; 13. The proposal will have no greater impacts to the neighborhood or Town than the previous approvals granted by the Board; 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 Property with an allowed use; 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. 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, 104.3.2, 203.4, and 203.5 of the Yarmouth Zoning By-Law and M.G.L. Chapter 40A, Sections 6 and 10, and grant special permit and variance relief as requested to install the permanent water ride feature as shown on the submitted plans.