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Home My WebLink AboutDecision 4948 - 492, 498, 512, 518 Route 28 Recorded 06.29.22Doc.=1 r 462,266 06-29-2022 1 U=28 BARNSTABLE LAND COURT REGISTRY Bk 3c217 Ps188. -11.33O'90 06-29--2 i2- a 10 a 38 at'•Yaii COMMONWEALTH OF MASSACHUSETTS r TOWN OF YARMOUTHo BOARD OF APPEALS rracMEEg 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 andVariancehavebeengrantedto: 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 itsdecisiongrantingsaidSpecialPermitandVariance,and copies of said decision,and of all plans referred to inthedecision, 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 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 theTownClerkthattwenty(20) days have elapsed after the decision has been filed in the office of the Town Clerkandnoappealhasbeenfiledorthat, if such appeal has been filed, that it has been dismissed or denied, isrecordedintheRegistryofDeedsforthecountyanddistrictinwhichthelandislocatedandindexedinthegrantorindexunderthenameoftheownerofrecordorisrecordedandnotedontheowner's certificate of title.The fee for such recording or registering shall be paid by the owner or applicant. +'=.:; ` q :` eity,i,..- m'',e.f' e TEEST en S.Deg, an i A . V CAM 1Z7lACiffig TOWN CLERK TOWN OF YARMOUTH Dr7.-;.t.::;- • y BOARD OF APPEALS DECISION rrA cot* 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 Fraprie;Doug Campbell; and Megan Homer. Notice of the hearing has been given by sending notice thereof to the Petitioner and ail those owners of property as required by law,and to the public by posting notice of the hearing and publishing in The Cape Cod 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 HMOD1 Zoning District. The Petitioner now seeks permission to further reconfigure and redevelop the Prope kis : atablewaterrideswithintheParkwithapermanentwaterridefeatureandassociatedinfr `f e °, 13 •the •submitted plans. L•} OE* f'Y. rTEST: 1 Mc 7 CMC/ ` CLERK JUN.. ;12022 The Petitioner was represented by Attorney Andrew Singer together with Mr.Joseph Marrama,principalownerandoperatorofthefacility;Mr.Kieran Healy,Engineer;and Mr.Ray Lauenstein,of AquaticDevelopmentGroup. Tom NickinelIo spoke in support of the proposal. The Yarmouth Conservation AgentsubmittedaMemorandumnotingthattheConservationCommissionhaspreviouslyvotedtograntastormwaterpermitwithconditionsfortheProperty. 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 waterridefeatureandassociatedinfrastructure. The use of the Park remains a permitted use by special permit in the B2 Zoning District,and the proposal hasbeendesignedtofurtherimprovethevibrancyofthePropertyandthearea.The water ride feature willcomplementthelazyriver,wave pool,kids pool,flow rider,and inflatable air rides that make up the balance ofthisleadingsummervenue. The proposed height of the water ride feature will allow for the ability to offer thefamilyraftrideportionofthewaterridefeature(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 orstormwater. Drainage within the Park itself is self-contained,and the site will be dewatered at the end of eachseason. There will no change to the seasonal nature of the business nor in the previously-approved hours ofoperation, The Water Park is only open,weather-dependent, between 10:00 a.m.to 6:00 p.m.,June throughLaborDay. Emergency vehicle access to the Park will continue to be provided by two access gates in additiontothemainentranceaspreviouslyapproved. The reconfigured water ride will be below the height of the tallest,currently-permitted inflatable water ride ontheProperty(44 ft.). The top of the platform for the new water ride will be 35 ft.5 in.,the top of the guardrailwillbe38ft. 11 in.,and the tops of the slides and conveyors will be between 40 ft.5 in.and 43 ft.8 in. Thebulkofthestructurewillbebelow35ft.in height. The water ride will be set back approximately 390 ft.at its closest points from Route 28 and is also to belocatedinaportionofthePropertythatisseveralinchesbelowthegradeofthestreet. The topography anddistance,plus the existing raised,vegetated berm and fence at the front and side of the Property as well as theraisedberthattherearandsideoftheProperty,will provide further screening of the water ride feature. Theproposed,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 amoreuniformrideexperienceandeasieroperations. The water ride feature will significantly enhanceenvironmentalandcustomersafetybytheadditionofawater-efficient filtration system,a completedisinfectionandchlorinationsystem,and a dedicated and better controlled and monitored slide landing poolareaatthebottom. 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 andalsoenhanceseasonalemploymentopportunitiesforlocalyouth. This results from the fact that MassachusettsStatecoderequireslifeguardsandpoolattendantsforthemultiple, inflatable water rides to be older than thoserequiredfortheproposedwaterridefeature. Given the seasonal nature of the business,including the limited number of good weather days during theseason;the enhancements to safety,water quality, and environmental protection;the topography and soilconditions(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 andfinancialhardshipifavarianceisnotgranted. A TRUE COPY ATTEST 2 I M biC CAriC TUWiv CLERK 11, The proposal will have no greater impacts to the neighborhood or Town than the previous approvals granted bytheBoard. 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 districtorTown. The Applicant has demonstrated that it has developed an excellent relationship with the Property neighbors andwillcontinuetoworkcloselywiththeminordertoremainagoodneighbortotheneighborhoodand community. There have been no recent complaints or concerns raised by abutters. One member of the publicspokeinfavoroftheproposalandthegreatatmosphereattheProperty. The Property will continue to be aboonnotonlytootherbusinessesandmotelsintheimmediatevicinity,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,ZoningDistrictorTownthantheexistingconditions,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 theintentorpurposeoftheZoningBy-Law. Thereafter,the Board took two votes on the'proposal as follows: 1. A motion was made by Mr.Fraprie,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 102.2.2,203.4,and 203.5 of the Yarmouth Zoning By-Law andM.G.L.Chapter 40A,Section 10,to authorize the height of the permanent water ride feature as shownonthesubmittedplans. • 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 filingofthisnotice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shalllapseifasubstantialtreofhasnotbegunwithin24months.(See bylaw,MGL c40A§9) Sean :oe Acting Cha 111 CERTIFICATION OF TOWN CLERK I, Mary A. Maslowski, Town Clerk, Town of Yarmouth, do hereby certify that 20 days haveelapsedsincethefilingwithmeoftheaboveBoardofAppealsDecision #4948 that no notice of appeal of said decision has been filed with me, or, if such appeal has been,filed,it:;has. beendismissedHied. A peals have been exhausted. ti,{ w fJ#, Mary A.Maslowski, Town Clerk UN 1 1 2022 A TRUE;u0PI `ATTEST• BARNSTA#LE REGISTRY OF DEEDS sARr',Tae_=cour,TY John F. Meade, Register e.h, ,Me TOWN CLERK ATRREGISTRY OF DEEDS 2022UECOPY,A7TEST JOHN F.MET STER