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Home My WebLink About4948 492 Route 28 Extend SP & Variance RequestLaw Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Marian S. Rose Myer R. Singer (1938-2020) January 30, 2023 Via Email Steven S. DeYoung, Chair Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: Sandbar Management, Inc. (Petition #4948) 492, 498, 512, and 518 Route 28, West Yarmouth Dear Chair DeYoung: Tel: (508) 398-2221 Fax: (508) 398-1568 www.singer-law.com RECEIVE® JAN 3 0 2023 YARMOUTH BOARD OF APPEALS In Petition No. 4948 (copy attached), the Board of Appeals granted both a special permit to reconfigure the above Property to install a permanent water ride feature at the water park as well as a variance for the height of the structure. In accordance with the Yarmouth Zoning By -Law and M.G.L. Chapter 40A, the Decision needs to be exercised withing 24 months for the special permit and 12 months for the variance. The 12-month period expires in late May, 2023. The Applicant has ordered the permanent water ride feature; however, there has been a delay in its shipment from Asia. At this time, the Applicant anticipates delivery in September of this year. Construction would thereafter begin in order to be ready for the 2024 season. Because of the above delay, the variance portion of the Decision can thus not be exercised before the end of May, 2023. Based on the above, I am writing on behalf of the Applicant to request a one-year extension of the variance in Petition No. 4948 in order to provide adequate time for delivery and installation of the permanent water ride feature at the Property. Thank you for your consideration of this request. Very truly yours, Andrew L. Singer Andrew L. Singer ALS/a w/ attachment cc: Yarmouth Building Commissioner Dnr :1 r 462 r 266 06-29--2022 10 z 28 BARNSTABLE LAND COURT REGISTRY Petition #: 4948 COMMONWEALTH OF MASSACffUSETTS TOWN OF YARMOUTH BOARD OF APPEALS Date: ,tune 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, Iue. 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 & Plant Lot 44-plan # 26266-F, Lot 43-flan # 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 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 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 owng.sq certificate of title. The: fee for such recording or registering shall be paid by the owner or applicant. X =+� �Je Steven S. DeYoung, airman s`r A TJI ' ' Y Sa, EST , Sri t 'Q7. 1 TOWN 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 & 85A; 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 Boolr 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 Horsier. 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 Tfmas, 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. . uw" The Petitioner now seeks permission to further reconfigure and redevelop the 1 water rides within the Park with a permanent water ride feature and associated 'submitted plans. H `V 1 Cl1AM li Cill p The Petitioner was represented by Attorney Andrew Singer together with Mr. Joseph Marrarna, principal owner and operator oftfte facility; Mr. Kieran Healy, Engineer; and Mr. Ray Laucttstein, of Aquatic Development Group. Toni 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 B2 Zoning District, and the proposal has been desipied to further Improve the vibrancy of tine Property and the area. The water ride feature wilt 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 (tile 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 tine tallest, currently -permitted inflatable water ride on Cite Property (44 ft.). The top of the platform for tine new water ride will be 35 ft. 5 in., the top of the guardrail will be 38 ft. l 1 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 front 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 tile 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 signiflcantly enhance environmental and customer safety by the addition of it 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 a itigate an ongoing staffing issue facing the Applicant and also enhance seasonal employment opportunities for local youth. This results from the fact dint Massachusetts State code requires lifeguards and pool attendants for tine 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 du(ing tine season; the erttnancernents to safety, water quality, and environmental protection; the topography and soil conditions (which restrict tine ability to dig down in the rear of the Property to physically lower the water ride); and tine uniqueness of the structures, layout, and use within the Park, there will be a substantial practical and financial hardship if a variance is riot granted. A TRUE COPY ATTEST: 2 emmo 0 / CMC TOWN CL- MK The proposal will have no greater iinpacts 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. t raprie, 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 Sy -Law and M.G.L. Chapter 40A, Section G, 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 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 ft•oni the filing of this decision with the Town Cleric. 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 flied within 20 days after filing of this noticeldeelsion with the Town Clerk, Unless other wise provided herein, the Special Permit shall lapse if a substantial reof has not begun within 24 months. (See bylaw, MGL MOA §9) Sean Wel Acting 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 #4948 that no notice of appeal of said decision has been filed with me, or, if such appeal hpsleen, filed. °icA . been dismissed nied. A peals have been exhausted. �r�r�s`fx``� Ky.:. «` C/4; P Ma A. Maslowski, Town Clerk 1 .y, JUN 1 1 201Z ,A TiUE ,QP1a,'i'l l3ARlVSfAPi.E itl:GfiSiRY OF DEEDS�t� •-- � o' John F. Meade, Register