HomeMy WebLinkAboutDecision 4567It
5
VP+kAj3l: j- •UPI
TOWN OF YARMO=
BOARD OF APPEALS
DECISION
F'uD WITH TowN CLERK:
PETITION NO: r #4567
January23, 2015
HEARING DATE: January 8, 2015
PET 17IONER: Sandbar Management, Inc. l
OWNERS: Sandbar Holdings LLC, and Cathy Lee Zografos, Trustee of
D.P.C. Realty Trust
PROPERTY: 512 & 518 & 532 (rear) and 526 Route 28, West Yar iouth, MA
Map & Parcel: 0031A 83,04 & 85;
Zoning District: B2 & HMODI
Certitcatc 0:199116 & C217.73, C217-74, C217 75, C217-76,
C217 77, C217-33, C21745, C217-370 C217 90, and 140633
Land Court Lot & Plan: Lot 44-Plan # 26266-F
Lot 43-Plan 0 26266-F
Lot 41-Plan N26266-D
Book 28033, Page 253 Lot 2 on Plan is Book 652, Page 84
MEMBERS PRF.,SENT AND VOTING: Steven DeYoung, Chairman, Sean Igoe, Debra
Martin, Chuck Hart and Gerald Garnick
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 Regfster, the hearing opened and held on the date stated above.
The Petitioner is Safidbar Managcment, Inc. The Petitioner has previously obtained relief from the
Board of Appeals*in'Petition Nos. 4368, 4420, 4486 and 4524 for the properties at 518, 512, and 532
(roar) Route 28, West Yarmouth. The properties are the site of the Cape Cod inflatable Paris and
Cape Cod Family Resort. The Petitioner now seeks permission to add additional land to the business
and complete the following at the properties:
. i
s
i
1. Demolish three (3) pre-existing, nonconforming year-round dwellings and reconfigure
and extend the parking area in the northern portion of the land;
2. Incorporate the adjacent land fronting on Route 28 (former Dunkin Donuts store at 526 Route
28) into the Inflatable Park, close two existing curb cuts on Route 29, and redesign the '
Interior of the Inflatable Parts. The front portion of the expanded Inflatable Park will contain
new inflatable adventure rides (no water); the middle portion will contain a reduced number
of inflatable air rides; and the eastern portion will continue to contain the inflatable water j
rides. In iddition, there will be a relocated and better delineated toddler ride section and the
cabanas will be relocated to a central position within the inflatable Park;
► I
3. Extend the' existing landscaping along Route 28 in front of the new property to include the
same white fence, raised berm, and plantings. Four trees to front of the existing fence that
are doing poorly will be replaced and five new trees will be planted in front of the new i
property so that there will be nine (9) new trees along the Route 28 frontage in front of the
fence on top of the berm;
4. Reduce the size of the arcade to the main building inside the Inflatable Park and add an
additional 40 food service seats inside the building; and
S. Eliminate on -site employee housing and convert the five rooms on the second floor of the
main motel building previously -approved for employee housing into an owner's unit.
The Petitioner was well represented by Attorney Andrew Singer together with Mr. Joseph Manama
principal owner and operator of the facility, and Mr. Kieran Healy, Engineer for the Petitioner. Judy -
Silverman spoke in support of the proposal on behalf of the Yarmouth Chamber of Commerce. No
( � } one spoke In opposition, and no correspondence was received in connection with the proposal. Two
Exhibits were received. Exhibit 1: BSC Group Plan of Land at #512, *518, #532 and #526 Route 28
revision date 12 29-14 and Exhibit 2: Seven color pictures of the adventure inflatable rides.
The extended parking area in the rear of the property will be paved and will contain in -lot trees and
requisite drainage. Parking for the entire property will be better organized, and there will remain
a conforming number of parking spaces. A lengthy discussion took place concerning the number
of and placement of trees withia the parking area as well as the height and color of the new
adventure rides closest to Route 28; the height of the berm, fence, and plantings along Route 28
and elsewhere around the Pads; and Park operations. Eliminating two curbs cuts on Route 28
and re -vegetating this area was well received.
Except for the following modifications, all previously -imposed conditions will continue as is: 1) the
season for the Air Park will be April V through October 31n, and the season for the Water Park,
including the inflatable adventure rides, will be Memorial Day through Labor Day; and 2) hours of
operation for the Air Park, including the Inflatable adventure rides, will be 10:00 a.m. to 10:00 p.m.,
and hours of operation for the Water Park will be 10:00 a.m. to 6:00 p.m. There will continue to be
no exterior lighting foe the Water Park. Shielded exterior lighting Is proposed for the Air Park,
including the inflatable adventure rides. Public safety access will continue through three (31
approved access gates! The rooms in the Shark Tank Building prcviausly-approved for employee
2
housing will onto again be used for motel guests, and the WPM On-31to Iilailagees t1I1 t On the tat
floor of the main motel building will remain.
Based on the above and testimony received at the public hearing, the Board found that the 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 futaro
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 owacr. Thereafter, a motion was made by Mr.
[goo, seconded by Mr. Hart, and voted 5-0 in favor, to grant as requested herein a Modification to the
previously -granted Special Permit, as amended, in accordance with the plans submitted and subject
to the following conditions:
l- The Petitioner shall schedule a one-year review with the Board to mvie%v the
ad iquacy of the parking lot improvements and plantings;
2. Two additional trees shall be planted along the west side of the main entrance
dri;
3. The new adventure inflatable fides in the front of the Park shall be blue and white;
4. Along the east side of the property adjacent to the Wings' business property, six (6)
sections of the same white vinyl fence that exists elsewhere on the site shall be
Instilled; and '
S. On the southerly property line behind the adjacent Wings' business property, nine (9)
new'trees similar to the trees along Route 28 shall be planted.
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 e1herwhe
provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within
24 months. (See bylaw, MGL c40A §9)
1
Steven Do oung, Chai