HomeMy WebLinkAbout5107 492,498,504,512,518 Route 28 Summary of Reasoning 2
In order to complete the proposed redevelopment, the Applicants are requesting as necessary to either
further modify existing special permits (Petition Nos. 4926 and 4948) or for a new special permit in accordance
with Section 104.3.2.3 & 4 of the Yarmouth Zoning By-Law [“Zoning By-Law”] and M.G.L. Chapter 40A,
Section 6. In addition to reconfiguring the Water Park parking on the west side, the Applicants desire to
maintain the existing vegetated buffer (though enhanced as shown on the submitted plan) between the former
492-498 Route 28 and the adjacent 504 Route 28. All other landscape requirements for plantings and buffer
trees will be complied with on all of the land.
In reviewing the special permit request, the Board must determine that the proposal either conforms to
the current Zoning By-Law or 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 By-Law will result in
undue hardship to the Property or the owner.
The Applicants respectfully submit that removing the dilapidated motel buildings and authorizing the
proposal complies with the special permit criteria and will be a significant benefit and improvement to the
neighborhood and community because:
1. The three, pre-existing nonconforming motel buildings and accompanying parking areas are
obsolete and an eyesore and will not be replaced in kind;
2. The pre-existing nonconforming setbacks of the three, old motel buildings (front, side, and
rear) will each be eliminated and not replaced. Future development of the new front lot will
conform to all setback, coverage, and other dimensional requirements of the Zoning By-Law;
3. Use of the new front lot will be conforming with a principal building subject to future design
and site plan review, and there will be no change in the previously-permitted use of the Water
Park and Cape Cod Family Resort property with expanded parking;
4. Public safety will be enhanced by closing an additional curb cut on Route 28 (assuming two
curb cuts with the future development of the conforming parcel) and redesigning the
3
secondary exit egress from the Water Park along the west side of the Property;
5. The expanded parking on the west side of the Property for the Water Park will be located on
the new rear lot and screened behind the conforming front lot, will also be crushed shell to
match the existing parking fields, and will contain required landscape islands and in-lot trees
(3-in. caliper) as required except for requested relief to maintain the existing (though
enhanced) vegetated buffer between the former 492-498 Route 28 and adjacent 504 Route 28;
6. There will be no negative impact to drainage, septic flow or stormwater. Even though the
2022 application was withdrawn for zoning purposes, the Yarmouth Conservation
Commission voted then to issue a stormwater permit with conditions for the upgraded
drainage throughout the parking fields;
7. The proposal will be in keeping and compatible with and will significantly improve 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; and
8. The new commercial front lot and reconfigured parking on the new rear lot for the Water Park
will be assets to Yarmouth.
For all of the above reasons, the Applicants respectfully request that the Board of Appeals make
findings that the proposal satisfies the criteria of Section 104.3.2.3 & 4 of the Zoning By-Law and grant the
amended or new special permit, to allow the proposal as shown on the submitted plan.