HomeMy WebLinkAboutDecision 4705TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK.- October 25, 2017
PETITION NO: 04705
HEARING DATE: September 29, 2017
RECEIVED
ou ! 5 2017
TOWN CLERK
SOUTH YARMOUTH, MA
PETITIONER: Sandbar Management, Inc.
OVVNERS: Sandbar Holdings LLC and Cape Wings, LLC and
Cathy Lee Zografos, Trustee of D.P.C. Realty Trust
PROPERTY: 512, 518,526 and 532 Route 28, West Yarmouth, MA
Map & Parcel: 0031.82-C, 83,94 & 85.1;
Zoning Districts D2 & HMODI
Certificate A 199116 & C217-731 C217-74, C217 75, C217-76,
C217771 C217-83, C217.85, C217-87, C217-90, and 140633
Land Court Lot & Plan: Lot 44-Plan 0 26266-F
Lot 43-Plan # 26266-F
Lot 41-Plan 026266-D
Book 28033, Page 253 Lot 2 on Plan in Book 652, Page 84
Book 30259, Page 182 Lot 1 on Plan In Book 652, Page 84
MEMBERS PRESENT AND VOTING: Vice Chairman, Sean Igoe, Dick Martin, Tom
Nickinello, Gerald Garnick and Tom Baron
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
Tire Register, the hearing opened and hold on the date as stated above.
lbe'Petitioner Is Sandbar Management, Inc. The Petitioner has previously obtained relief from the
Board ofAppeals in Petition Nos. 4368, 4420, 4486, 4524 and 4567 for the properties at 512, S 18,
526 and 532 (rear) Route 28, West Yarmouth. Tire 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 Incorporate the land fronting on $32 Route 28 (former Wings
property) Into the Park to Include a lazy river and play area (Area 3), to revise parking on site, and to
extend the landscape screening along Route 28 and to the cast side of the former Wings property. In
addition, the Petitioner seeks permission to amend Condition 12 in Petition #4368 to allow one ride,
the Slingshot, to be forty-four feet (44') tall. All other rides will remain subject to the thirty-five foot
(35') maximum height limitation of Condition 12.
The Petitioner was 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. Mary
Vilbon, Executive Director of the Yarmouth Chamber of Commerce spoke to support of the
proposal. Three (3) abutters and neighbors to the North and Cast and across the street to the South
spoke In support of the proposal. No one spoke In opposition. One ernall from an abutter to the
North was read raising a concern about height.
The new front landscaping will extend the existing berm, white fence, and plantings along the entire,
expanded Route 28 fkantage, with a turn at the easterly end and along the easterly We of the new
Park area. Public safety access will continue through approved access gates, Including a new gate
Rom the adjacent property to the east. The extended parking area In the rear of the property will
contain a traffic island with three-inch caliper trees. There will be a total of 42 In -lot trees (where
only 35 are required) and a conforming number of parking spaces will continue to be provided. A
lengthy discussion took place concerning the lazy river construction and operation and water usage,
treatment, and monitoring; landscaping, ride heights, and Park operations. One additional curb out
will be eliminated on Route 28.
Except for the following modifications and as set forth In the Conditions section below, all
proviously-imposed conditions will continue as Is: 1) the season for the Air Park will be April lc
through October 31a, and the season for the Water Park, including the Inflatable adventure rides and
lazy river, 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, Including the lazy river, will be 10:00 a.m. to 6:00 p.m. There will continue to be no
exterior lighting In the Inflatable water ride portion of the Property, including the lazy river.
Shielded exterior lighting Is proposed for the Inflatable air park portion of the Property, Including the
inflatable adventure rides.
Bascd 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 future
character of the neighborhood or Town, and that strict enforcement of the current Zoning sy-Law
will result In undue hardship to the Property or the owner.
Thereafter, a motion was made by Mr. Garnick, seconded by Mr. Nickinello 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:
I. The Petitioner shall comply with the site plan dated 9/25/17, with the exception of a
revision to the landscape portion of the plan to reflect a minimum 30 it. setback
distance at the southeast corner of the fence along Route 28 as discussed with the
Board. Such revision shall be submitted for the file on a revised site plan;
2. The Petitioner shall comply with the Site Plan Review Comments, dated 8l8/17, with
the exception that the eliminated curb cuts will not have granite curbing and will be
re -vegetated behind the sidewalk as shown on the site plan as revised;
3. The hours for the lazy river shall be 10:00 a.m. to 6:00 p.m.; and
4. Condition 12 of Petition No. 4368 is amended to provide that "the Slingshot Ride in
its present location as shown on the approved site plan may be forty-four feet (4411)
high: $
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 lapse if a substantial use thereof has not begun within
24 months. (See bylaw, MGL c40A §9)
3