HomeMy WebLinkAbout5107 492,498,504,512,518 Route 28 Water Park Withdrawn Memo to File 08.09.24l= RMOUTH TOWN CLERK RE
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TOWN OF YARMOUTH
BOARD OF APPEALS
MEMORANDUM TO FILE
PETITION 5107
August 9, 2024
MEMBERS SITTING (June 27, 2024 hearing): Vice Chair Sean Igoe, Dick Martin, Jay
Fraprie, John Mantoni, and Barbara Murphy
PETITION 5107: (continued from 5:-9-24) T&C Holdings, Inc., Sandbar Holdings LLC and
Sandbar Management, Inc. Property Location: 492, 498, 504, 512, and 518 Route 28, West
Yarmouth, MA. Map & Lot #: 31.79, 80, 81, 82-C, 83, 84 & 85.1; Zoning District: B-2 and
HMOD-1. The Applicant seeks a Special Permit per § 104.3.2(3) & (4) or to further amend
Decision No. 4926, dated December 20, 2021, and Decision No. 4948, dated May 20, 2022, to
re -divide the land and further develop the created parcels.
At the initial hearing on May 9, 2024, the petitioner had sought zoning relief to replace three (3)
motels with a proposed new, conforming commercial lot.
The Board's main concerns with the petition were:
1. How can the Board make a decision about a lot that has not been created yet?
2. How can the Board know if the petitioner will ever build on the proposed future parcel?
(In 2021, the petitioner had presented a similar proposal that the Board did not support.)
Chairman DeYoung was not impressed that the petitioner had appeared before the Zoning Board
of Appeals prior to the Planning Board considering a modification to the existing plans of record.
The Chairman could not support the petition without the Planning Board saying a proposal for
the alteration of the lots was acceptable to them.
A motion was made by Mr. Igoe and seconded by Mr. Fraprie to approve the petitioner's request
for a continuance to the June 27, 2024 hearing with the condition that new information would be
presented at the continued hearing. On a roll call vote (5-0), the motion was approved.
On May 30, 2024, the Board received a letter from Attorney Andrew Singer, on behalf of the
petitioner, requesting to withdraw the petition without prejudice. At the June 27, 2024 hearing, a
motion was made by Mr. Mantoni and seconded by Ms. Murphy to allow the petition to be
withdrawn without prejudice. The members voted unanimously (5-0) in favor of the motion.
Sean Igoe, Vice Chair