HomeMy WebLinkAbout04-28-22 Decision 4948 - 492, 498, 512, and 518 Route 28 TCTOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May 20, 2022
PETITION NO: #4948
HEARING DATE: April 28, 2022
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 & HMOD1
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: Sean Igoe, Acting Chairman; Jay Frapric; Doug Campbell;
and Megan Homer.
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 Cape Cad Times,
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, 4705, and 4926 for the properties at 492, 512, 518,
526, and 532 Route 28, West Yarmouth. The properties are the site of the Cape Cod Inflatable Park and Cape
Cod Family Resort. The properties are located in the B-2 Zoning District and the HMODI Zoning District.
The Petitioner now seeks permission to further reconfigure and redevelop the Property to replace the inflatable
water rides within the Park with a permanent water ride feature and associated infrastructure, 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. Tom Nickinello spoke in support of the proposal. The Yarmouth Conservation Agent
submitted a Memorandum noting that the Conservation Commission has previously voted to grant a
stormwater permit with conditions for the Property.
The proposal requires a special permit for the reconfigured use and a variance as to height. A discussion,
including questions and consideration, took place concerning height and weight requirements, number of rides,
capacity, lifeguards, and parking. The current proposal includes only the change within the Park to the water
ride feature and associated infrastructure.
The use of the Park remains a permitted use by special permit in the 132 Zoning District, and the proposal has
been designed to further improve the vibrancy of the Property and the area. The water ride feature will
complement the lazy river, wave pool, kids pool, flow rider, and inflatable air rides that make up the balance of
this leading summer venue. The proposed height of the water ride feature will allow for the ability to offer the
family raft ride portion of the water ride feature (the Manta Ride) to entire families, including parents, teens,
and younger children.
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 will be dewatered at the end of each
season. 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. 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 reconfigured water ride will be below the height of the tallest, currently -permitted 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.
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, vegetated 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 feature. The
proposed, muted colors are in response to a request of the Design Review Committee.
The redesigned water ride results in improved stairway access with a lower raft conveyor at top as well as a
more uniform ride experience and easier operations. 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.
In addition, 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.
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 use within the Park, there will be a substantial practical and
financial hardship if a variance is not granted.
2
The proposal will have no greater impacts to the neighborhood or Town than the previous approvals granted by
the Board. 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.
The Applicant has demonstrated that it 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. One member of the public
spoke in favor of the proposal and the great atmosphere at the Property. 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.
Based on the above and testimony received at the public hearing, the Board found that the redevelopment
proposal will not be substantially more detrimental or more nonconforming to the neighborhood, Zoning
District or Town than the existing conditions, that a substantial hardship based on the soil conditions and
topography of the Property exists, that the proposal 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,
Town or public good, and that relief can be granted without nullifying or substantially derogating from the
intent or purpose of the Zoning By -Law.
Thereafter, the Board took two votes on the proposal as follows:
1. A motion was made by Mr. Frapric, seconded by Ms. Homer, and voted 4-0 in favor, to grant a special
permit in accordance with Section 104.3.2 of the Yarmouth Zoning By -Law and M.G.L. Chapter 40A,
Section 6, to reconfigure the Property to install the permanent water ride feature as shown on the
submitted plans; and
2. A motion was made by Mr. Fraprie, seconded by Mr. Campbell, and voted 4-0 in favor, to grant a
variance in accordance with Sections t02.2.2, 203.4, and 203.5 of the Yarmouth Zoning By -Law and
M.G.L. Chapter 40A, Section 10, to authorize the height of the permanent water ride feature as shown
on the submitted plans.
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
lopscM a substantial use t ff*ot has not begun within 24 months. (See bylaw, MGL c40A §9)
Sean
CATION 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 94948 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, Town Clerk
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COMMONWEALTH OF MASSACHUSETTS
TOWN OF YARMOUTH
BOARD OF APPEALS
Petition #: 4948 Date: June 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 and
Variance have been granted to:
Sandbar Management, Inc.
Sandbar Holdings LLC and T&C Holdings, LLC
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 & Parcel #: 31.79, 80, 82-C, 83, 84 & 85.1;
Zoning District: B2 & HMOD1
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 Variance, 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 I (last paragraph) and Section 13, provides that no Special Permit, Variance, 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, Mairman