HomeMy WebLinkAboutPrior Decisions 4948, 4926, 4705, 4567, 4524, 4486, 4420, 4368-
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: May 20, 2022
PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
PROPERTY:
#4948
· April 28, 2022
Sandbar Management, Inc.
Sandbar Holdings LLC and T&C Holdings, LLC
492, 498, 512, and 518 Route 28, West Yarmouth, MA
Map & Parcel: 0031.79, 80, 82-C, 83, 84 & 85.1;
Zoning District: B2 & HMODl
Certificate#: 199116 & C217-73, C217-74, C217-75, C217-76,
C217-77, C217-83, C217-85, C217-87, C217-90, and 227222
Land CoartLot& 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
Book 32953, Page 18
Plan Book 652, Page 84
Plan Book 112, Page 61
MEMBERS PRESENT AND VOTING: Sean Igoe, Acting Chairman; Jay Fraprie; Doug Campbell;
and Megan Homer.
Notice ofthe 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 Cod Time s,
the hearing opened and held on the date as stated above. ·
The Petitioner is Sandbar Management, Inc. The Petitioner has prev iously obtained re li ef from the Board of
Appeals in Petition Nos. 4368, 4420, 4486, 4524, 4567, 4705, and 4926 for the prop e rties 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 Zonin g Distri ct and the HMOD l Zoning D istrict.
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The Pe~itione~ n?w seeks pen:nission to further recon_figure and redevelop_ the ~ropertf~j~1{e1ii~_: _ ·. · atable
water_ ndes within the Park with a permanent water ride featu re and associated mf[~fi'~e;*~, , '· _ _Jt't_he
'submitted plans. ,f ."7 .+. ~,r;,· i:,ilc f, .:::0 [.
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The Petitioner was represented by Attorney Andrew Singer together with Mr. Jos eph Marrama, princ ipal
owner a.nd operator of the facility; Mr. Kieran Healy, Engineer; and M r. Ray Lauenstein, of Aquatic
Development Group. Tom Nickinello s poke in support of the proposal. The Yarmouth Conservation Agent
submitted a Memorandum noting that the Conservation Commission has previously voted to grant a
stormwater pe1mit with conditions for the Property .
The proposal requires a special pennit for the. reconfigured use and a variance as to height. A discussion,
including questions and considei·ation , took place concerning height and weigh t requirements, numbe·r 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 designed to further improve the vibrancy of the Property and the area. The water ride feature will
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 wi ll allow for the ability to offer the
family raft ride po1tion of the water ride feature (the Manta Ride) to entire families, inc luding parents, teens,
. and younger children .
Building coverage will remain conforming. There will be no negative impact to drainage, septic flow or
storm water. 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 seasona l nature of the business nor in the previous ly-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 wi ll continue to be provid ed by two access ga.tes in addition
to the main entrance as previously approved.
The reconfigured water ride will be below the height of the tallest, currently-permitted inflatable water ride on
the Property (44 ft.). The top of the platform for the new water ride will be 35 ft. 5 in., the top of the guardrail
will be 38 ft . 11 in., and the tops of the slides and conveyors will be between 40 ft. 5 in. and 43 ft . 8 in. The
b ul k of the structure will be below 35 ft. in height.
The water rid e will be set back approximately 390 ft. at its closest points from Route 28 and is also to be
located in a port ion oftbe Property that is several inches below the grade oftbe street. The topography and
distance, plus the existing raised, vegetated berm and fence at the front and side of the Property as well as t he
raised berm at the rear and side of the Property, will provide fu riher screening of t he water ride featu re. T he
proposed, muted colors are in re sponse to a request of the Design Review Committee.· ·
The redesigned water ride results in improved stai rway access with a lower raft conveyor at top as well as a
more uniform ride experience and easier operations. The water ride feature will significantly enhance
environmental and customer safety by the addition of a 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 w ill help mitigate an ongoing staffing issue facing the Applicant and
also enhance seasonal employment opportunihes for local youth. This results from the fact that Massachusetts
State code requires lifeguards and poo l attendants for the 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 duijng the
season; the enhancements to safety, water quality , and environmental protect ion; the topography and soil
conditions (which restrict the ability to dig down in the rear of the Property to physically lower the water ride);
and the uniqueness of the structures, layout, and use w ithin the Park, there will be a substantial practical and
financial hardship .if a varian ce is not granted.
A TRUE COPY ATTEST:
2
CMMC / CMC / TOWN CLERK
•
The proposal wiil have no greater impacts 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 conge stion 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 detiimental or more nonconforming to the neighborhood, Zoning
Di strict or Town than the existing conditions, that a substantial hardship based on the soil conditions and
topography of the Prop erty exists, that the proposal wil l not cause or contribute to any undue nui sance, ha za rd
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.
Th ereafter, the Board took two votes on the proposal as follows:
1. A motion was made by Mr. Fraprie , 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 By -Law and M.G.L. Chapter 40A,
Section 6, to reconfigure the Property to in stall the permanent water ride feature as s hown on the
submitted plans; and
2. A motion W\iS made by Mr. Fraprie, seco nded by Mr. Campbell, an d voted 4-0 in favor, to grant a
variance in accordance with Sections 102 .2.2, 203.4, and 203.5 of the Yannouth 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 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 !~~ubstantial ~reof has not begun within 24 months. (See bylaw, MGL c40A §9)
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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 h,1f.been. :fi)ed,itJ~_a$: been
dismissed nied . A1HPpea~s have _been exhausted.
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Mary A . Maslowski, Town Clerk ... ··.it;A T~ue ·cbPvJArres-r.
JUN 11 2022 · · ~-: · ·:· . . ·\ ., i '· ·
BARNSTA§LE REGISTRY OF DEE!isi ~~
BAR~' 'TAB c .· 0 John F. Meade, Register ·. . ~/TOWN CLt:RK ' RE~lsrnYoF'-oldb1; · · :-.. ~,,,)UN '.1_.i.f 2022
A TRUE COPY, ATTEST ,..,._,_ .. •'i. ::rl · . ·
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. JOHN F. lvlt= ·, -· ., .:. ·<... 'STER
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: December 20, 2021
PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
PROPERTY:
4926
December 9, 2021
Sandbar Management, Inc.
Sandbar Holdings LLC and T&C Holdings, LLC
492,498,512, and 518 Route 28, West Yarmouth, MA
Map & Parcel: 0031.79, 80, 82-C, 83, 84 & 85.1;
Zoning District: B2 & HMODl
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 Book 32953, Page 18
Plan Book 652, Page 84
Plan Book 112, Page 61
MEMBERS PRESENT AND VOTING: Steven DeYoung, Chairman; Sean Igoe, Vice
Chairman; Jay Fraprie; and Timothy Kelley
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 Register, 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, and 4705 for the properties
at 512,518,526, and 532 Route 28, West Yarmouth. The properties are the site·ot)'11\',Cape Cod
Inflatable Park and Cape Cod Family Resort. The current Petition also includ(S \he acljatetf11,,,
properties a~ 492 ~nd_498 Route 28, West Yarmout~. The properties collcq~ely arc located:lif.1 \
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The Petitioner now seeks permission to further reconfigure, expand, and redevelop the Property
to replace the inflatable water rides with a permanent water ride feature, add additional pool and
ride areas, mechanical and other buildings, and associated infrastructure, remove the adventure
inflatable rides and relocate the inflatable air rides to this former area, expand parking on-site
and on incorporated adjacent motel parcels, and replace the existing motel buildings with a
smaller accessory structure, all as shown on the submitted plans.
The Petitioner was represented by Attorney Andrew Singer together with Mr. Joseph Marrama,
principal owner and operator of the facility; Mr. Kieran Healy, Engineer; and Mr. Ray
Lauenstein, of Aquatic Development Group. Kathy Lahav and Ruben Lahav (tenants at
commercial property across the street), Michel Mangalo (commercial shopping plaza property
owner across the street), Patty Lloyd (Cape Cod Chamber of Commerce), Brian Carey, and Tom
Nickinello spoke in support of the proposal. Genevieve Smithland (residential abutter to the rear
of the property) spoke with two concerns regarding the amount of water used and the height of
the proposed water ride. The Yarmouth Conservation Agent submitted a Memorandum reflecting
that the Conservation Commission voted to grant a Storm water Permit with conditions for the
proposed redevelopment.
A lengthy discussion, including questions and consideration, took place concerning which parts
of the proposal require a special permit or a variance and the respective criteria for such relief, as
well as concerning the wave pool, the swim-up adult pool, Park operations, safety, lifeguards,
peak day use, and bathrooms. There was further discussion about parking spaces, calculation of
people per car, occupancy, and traffic. There was considerable discussion and debate concerning
the setbacks, design, landscaping, and screening of the new accessory storage building and
parking at the to-be-incorporated site of the two adjacent, obsolete motel properties. As
originally proposed, one additional curb cut on Route 28 would be closed.
In consultation with the Yarmouth Building Commissioner as Zoning Enforcement
Officer, the Petitioner initially proposed the following specific relief:
I. Amend Condition 3 of Decision #4567 to reconfigure the Park to remove the
adventure inflatable rides and relocate the inflatable air rides to this front part of
the Park and install the permanent water ride feature in place of the inflatable
water rides as well as install the wave pool, flowrider, adult pool, and kids pool as
well as mechanical and other buildings, and associated infrastmcture;
2. Amend Condition 3 of Decision #4368, as previously amended in Condition I of
Decision #4420 and Condition 3 of Decision #4705, to reflect updated hours of
operation:
A. June through Labor Day, weather-dependent;
B. Water Park-10:00 a.m. to 6:00 p.m.; and
C. Inflatable Park -l 0:00 a.m. to l 0:00 p.m.;
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3. Amend Condition l(c) in Decision #4420 to reflect new wall scgn'ce'ligi\ting¢1
the buildings within the Park. Otherwise, existing outdoor li&hfing will remain°?:,;
previously approved; :·"!:i· ~-C. .
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4. Amend Condition 12 of Decision #4368, as previously amended in Condition 4 of
Decision #4705 (allowing one inflatable water ride to be 44 ft. in height), to allow
maximum height of replacement water ride feature to be 39 ft. I in. to the
platform, 42 ft. 7 in. to the top of the guardrail, 46 ft. 11 in. and 47 ft. 4 in.
respectively to the top of two slides, and 49 ft. 10 in. to the top of the conveyor;
5. Authorize use of parking determination of 3.8 people/car instead of 3.0 people/car
based on experience of Aquatic Development Group with its developments,
experience with family use of the Park, and the fact that up to thirty percent (30%)
of the Park customers typically reside in the Cape Cod Family Resort motel
rooms. This determination impacts plumbing features and occupancy within the
Park in that the greater the occupancy, the more plumbing fixtures are required for
customers;
6. In connection with the replacement, accessory, garage storage building at the
former 492-498 Route 28, relief to maintain the pre-existing nonconforming 28.5
ft. front setback for the main building face and 27± ft. for the roofed overhang at
the front door as requested by the Town Planner. This building is an accessory
building as defined because all of the land that is part of this Application is
controlled by the same individual(s); and
7. Relief to maintain the existing vegetated buffer 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 throughout the combined
land. Pre-existing nonconforming site coverage will decrease from 79.8% to
78.1%.
The use of the Park remains a permitted use by special permit in the B2 Zoning District, and the
proposal has been designed and is intended to complement and improve the vibrancy of the
Property and the area. The proposal represents a continuation of the Petitioner's ongoing efforts
to improve and upgrade the popular family-oriented business that has been thriving at this
location. The proposal has been reviewed by both the Yarmouth Design Review Committee and
the Site Plan Review Committee, and the Yarmouth Conservation Commission has voted to
approve a Stormwater Permit. 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 removal of the adventure inflatable rides at the front of the Property and the relocation of the
inflatable air rides to this front part of the Park will result in less visibility of park attractions
behind the front screening fence and berm along Route 28. The wave pool, kids pool, flowrider,
and adult pool bar and associated improvements within the Park will also not be visible behind
the berm and fencing;
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 _Vlil~ t;,e ,
dewatered at the end of each season. · , · · ' ' ! (l ,
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While all Board members agreed that the existing motel buildings are obsokl'e and in need of} C ·.
redevelopment, they did not agree on the determination of the replacemer:\ ~df Pal\! 00~.Y t:&. ST: -~-~--...... . . . e·• .
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allowed accessory structure under the Zoning By-Law. Therefore, the Petitioner proposed to
withdraw this portion of the request and revisit it later in a subsequent petition as necessary,
except for maintaining the existing shell parking at the rear of the motel property. As a result,
the relief requested in Nos. 6 and 7 above was no longer necessary for this Petition, and the
existing curb cuts on Route 28 will remain as is.
Some of the Board members were also concerned with the relief required for the height of the
proposed replacement water ride feature. Therefore, the Petitioner proposed to withdraw this
portion of the request and revisit it later in a subsequent petition as necessary. As a result, the
relief requested in No 4 above was no longer necessary for this Petition.
Based on the above and testimony received at the public hearing, the Board found that the
balance of the redevelopment 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 tlie current Zoning By-Law will result in undue hardship to the Property or
the owner.
Thereafter, a motion was made by Mr. Igoe, seconded by Mr. Fraprie, and voted 4-0 in favor, to
grant as requested herein modifications to the previously-granted Special Permit, as amended, in
accordance with the plans submitted as follows and subject to the following conditions:
1. Amend Condition 3 of Decision #4567 to reconfigure the Park to remove the
adventure inflatable rides and relocate the inflatable air rides to the front part of
the Park and install the wave pool, flowrider, adult pool, and kids pool as well as
mechanical and other buildings, and associated infrastructure, other than the
permanent water ride feature;
2. Amend Condition 3 of Decision #4368, as previously amended in Condition l of
Decision #4420 and Condition 3 of Decision #4705, to reflect updated hours of
operation:
3.
4.
5.
A. June through Labor Day, weather-dependent;
B. Water Park-10:00 a.m. to 6:00 p.m.; and
C. Inflatable Park-10:00 a.m. to 10:00 p.m.;
Amend Condition l(c) in Decision #4420 to reflect new wall sconce lighting on
the buildings within the Park;
Authorize use of parking determination of 3.8 people/car instead of 3.0 people/car
for purposes of calculating plumbing features and occupancy within the Park; and
Subject to the following three conditions:
A.
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A copy of the safety plan for the wave pool within th,; .. Park shall be .··o
submitted to Board of Appeals office; , ;: :.' C. 1. ; '~ A E COP ,r,,:ij'TEST: .• 0 ,,,.
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B, The existing clam shell parking area on the west side of the Property as
shown on Sheet 2 of 7 of the submitted plan package may continue to be
used, but not expanded without further review of the Board of Appeals;
and
C. If the properties at 492 and 498 Route 28 are no longer used in the future
in connection with the Cape Cod Inflatable Park and Cape Cod Family
Resort, then re-use of such properties shall be reviewed by the Board of
Appeals.
Thereafter, the Petitioner requested to withdraw without prejudice so much of the Petition that
dealt with installing the permanent water ride feature in place of the inflatable water rides and
removing the motel buildings and replacing them with a new, smaller building and expanded
parking and closing a curb cut. Upon a motion duly made and seconded, the Board voted 4-0 in
favor of granting the request to withdraw these portions of the Petition without prejudice.
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 uot
begun within 24 months. (See bylaw, MGL c40A §9)_
Steven DeYoung, Chairman
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# 4926 that no notice of
appeal of said decision has been filed with me, or, if such appeal has been filed it has been
dismissed or denied. All appeals have been exhausted.
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Mary A. Maslowski
JAN 1 O 2022
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
RECEIVED
OCT 2 5 2017
TOWN CLERK
SOUTH YARMOUTH, MA
FILED WITH TOWN CLERK: October 25, 2017
. PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
PROPERTY:
#4705
September 28, 2017
Sandbar Management, Inc.
Sandbar Holdings LLC and Cape Wings, LLC and
Cathy Lee Zografos, Trustee of D,P,C. Realty Trust
512,518,526 and 532 Route 28, West Yarmouth, MA
Map & Parcel: 0031,82-C, 83, 84 & 85,1;
Zoning District: B2 & HMODl
Certificate#: 199116 & C217-73, C217-74, C217-75, C217-76,
C217-77, C217-83, C217-85, C217-87, C217-90, and 140633
Land Court Lot & Plan:
Book 28033, Page 253
Book 30259, Page 182
. Lot 44-Plan # 26266-F
Lot 43-Plan # 26266-F
Lot 41-Plan #26266-D.
Lot 2 on Plan In Book 652, Page 84
Lot 1 on Plan In Book 652, Page 84
MEMBERS PRESENT AND VOTING: Vice Chairman, Sean Igoe, Dick Martin, Tom
Nicklnello, 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 publi~hing in
The Register, 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 and 4567 for the properties at 512,518,
526 and 532 (rear) 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.
I
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The Petitioner now seeks permission to incorporate the land fronting on 532 Route 28 (former Wings
property) into the Park to include a lazy river and play area (Area 5), to revise parking on site, and to
extend the landscape screening along Route 28 and to the east 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 Marrama
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 in support of the
proposal. Three (3) abutters and neighbors to the North and East and across the street to the South
spoke in support of the proposal, No one spoke In opposition. One email 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 frontage, with a turn at the easterly end and along the easterly side of the new
Park area. Public safety access will continue through approved access gates, including a new gate
from 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 cut
wil I be eliminated on Route 28,
Except for the following modifications and as set forth in the Conditions section below, all
previously-imposed conditions will continue as is: 1) the season for the Air Park will be April 1'1
through October 31", 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.
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 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.
2
, ..
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 ft. 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 8/8/17, 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 I 0:00 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 (44')
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
TOWN OF YARMOlITH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: January 23, 2015
PETITION NO,\ #4567
, HEARING DATE: January 8, 2015
PETITIONER:
OWNERS:
PROPERTY:
Sandbar Management, Inc,
Sandbar Holdings LLC, and Cathy Lee Zografos, Trustee of
D.P.C. Realty Trust i
512 & 518 & 532 (rear) and 526 Route 28, West Yarmouth, MA
Map & Parcel: 0031.82, 83, 84 & 85;
Zoning District: B2 & HMODl
Certificate#: 199116 & C217-73, C217-74, C217-75, C217-76,
C217-77, C217-83, C217-85, C217-87, C217-90, and 140633
Land Court Lot & Plan:
Book 28033, Page 253
Lot 44-Plan # 26266-F '
Lot 43-Plan # 26266-F
Lot 41-Plan #26266-D
Lot 2 on Plan In Book 652, Page 84
MEMBERS PRESENT AND VOTING: Steven De Young, Chairman, Sean Igoe, Debra
Martin, Chuck Hart and Gerald Garnick :
Notice of the heariJg has been given by sending notice thereof t~ the Petitioner and all ~hose owners
of property as required by law, and to the public by posting notice of the hearing and publishing in
The Register, the hearing opened and held on the date stated above. . !
The Petitioner is ~aJdbar Management, Inc. The Petitioner has previously obt~·;ned relie;from the
Board of Appeals in'Petition Nos. 4368, 4420, 4486 and 4524 for the properties at 518, 512, and 532
(rear) Route 28, West Yarmouth. The properties are the site ofthe Cape Cod Inflatable Park and
Cape Cod Family Resort. The Petitioner now seeks permission to add additional land to the business
and complete the following at the properties: ·
1
•
1.
2.
3.
. '
4.
5.
I
. I
Demolish three (3) pre-existing, nonconforming year-round dwellings and reconfigure
and extend the parking area in the northern portion of the land; .;
Incorporjte the adjacent land fronting on Route 28 (fonner Dunkin Donuts stoie at 526 Route
28) into the Inflatable Park, close two existing curb cuts on Route 28, and re-design the
interior of the Inflatable Park. 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
rides. In addition, 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; '
Extend thj existing landscaping along Route 28 in front of the new property to ~nclude the
same white fence, raised berm, and plantings. Four trees in front of the existing fence that
are doing poorly will be replaced and five new trees will be planted in front of the new
property so that there will be nine (9) new trees along the Route 28 frontage in front of the
fence on top of the benn; . \ .
Reduce the\ size of the arcade in the main building inside the Inflatable Park and ~dd an
additional 40 food service seats inside the building; and :
Eliminate o\n-site employee housing and convert the five rooms on the second fl~or of the
main motel building previously-approved for employee housing into an owner's unit.
The Petitioner was Leu represented by Attorney Andrew Singer together with Mr. Josep~ Marrama
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 Yannouth 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 parkink area in the rear of the property will be paved and will contain in-I~t 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 within 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 Park; and Park operations. Eliminating two curbs cuts on Route 28
and re-vegetating this area was well received. '
I
Except for the following modifications, all previously-imposed conditions will continue as is: 1) the
season for the Air Park will be April I st through October 31 st, 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 I 0:00 a.m. to I 0:00 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 for the Water Park. Shielded exterior lighting is proposed for the Air Park,
including the inflatable adventure rides. Public safety access will continue through three (3),
approved access gates! The rooms in the Shark Tank Building previously-approved for employee
,-
2
' .
housing will once again be used for motel guests, and the approved on-site manager's unit on the first
floor of the main motel building will remain. •. '·
. \ I
Based on the above ana testimony received ~t 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 By-Law
will result in undue hardship to the Property or the owner. Thereafter, a motion was made by Mr.
Igoe, 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: \
1. Thl Petitioner shall schedule a one-year review with the Board to revie,~ the
2.
3.
4.
5.
adequacy of the parking lot improvements and plantings; :
TJo additional trees shall be planted along the west side of the main ~ntrance
drive; •
nil new adventure inflatable rides in the front of the Park shall be bl~e and white;
Alolg the east side of the property adjacent to the Wings' business propehy, six (6)
sections of the same white vinyl fence that exists elsewhere on the site shall be
installed; and '.
I .
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. i
No po,mll ,h,ll ,.L until 20 day, from th• m;ng of thb d"Mon with tho T.,;.. L,k. Thb
decision must be recorded at the Registry of Deeds and a copy fomarded to the Board of
Appeals. Appeals from this decision shali 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 othenvise
provided herein, the Special Permit shall lapse if a substantial use thereof has not begun within
24 months. (See bylaw, MGL c40A §9)
srevonne/.!,~J3D
3
. .
• I
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: Jane 26, 2014
PETITION NO: 114524
HEARINGDATE: May22,2014
PETITIONER: Sandbar Management Inc.
PROPERTY: 512 & 518 Route 28, West Yarmouth
Map & Lot#: 0031.82-C & 83; Zoning District: B-2 & HMODl
Certificate #s:199116,C217-62-67;73-78. :
Land Court Lot & Plan: Lot 44-Plan #26266-F ·
Lot 43-Plan #26266-F
.. ---·
MEMBERS PRESENT AND VOTING: Steven De Young, Chairman, Debra Martin, Bryant
Palmer, Richard Neitz and Gerald Garnick
Notice of the hcaringlhas been given by sending notice thereof to the Petitioner and all th~sc owners of
property as required by law, and to the public by posting notice of the hearing and publishing in The
Register, the hearing opened and held on the date stated above. · :
The Petitioner is San~r Management [nc., d/b/a Cape Cod Inflatable Park, who seeks ~lief pursuant
to property located at 512 & 518 Route 28, West Yarmouth. property in a B-2 & HMODl Zoning
District, pursuant to By-law§§ 404.4 and 4045.
The Petitioner· seeks klief pursuant to By-law §§ 404.4 and 404.5. Under 404.4, the Petitioner seeks
approval of a year-round on-site residence for a property manager for the purpose of managing,
maintaining and securing the property. This is permitted by Special Permit subject to the following:
I
1. For Hotels or Motels with less than I 00 guest units, one on-site property !
: manager may be allowed. For Hotels or Motels with 100 or more guest units,
• two on-site property managers may be allowed. In addition, one owner ocet1pied
unit may be allowed per property. if the unit meets all the operational criteria
outlined for On-Site Property Managers. . :
2. · Immediate family members of the on-site manager arc allowed to reside in the
• on-site managers unit, depending on the size of the unit.·
3. On-site property manager unit shall be a minimum of300 square feet (sf)
· of gross floor area for up to 2 persons per unit. An additional 70 of gross
· floor area is required for each additional person. Each property manager unit shall
: include a kitchen or kitchenette with refrigerator/freezer combination. microwave
· and stove (cooktop/oven combination) with hood. i
4. On-site property manager units shall meet the definition of a dwelling unit per the
. building code and all other applicable codes.
1
--I
S. Creation ofa dwelling unit or renovations would have to comply with the current
edition of the Existing Building Code. Applicant to provide the Building
Commissioner a narrative from a registered design professional indicating which level
of alteration they have designed the project under. :
6. On-site property manager unit shall meet all the Board of Health and State of
. Massachusetts regulations regarding building and fire codes, health codes, water
• supply and wastewater disposal. .
The Board was nex~ asked to consider relief pursuant to §404.5 for 11 units of scaso~I employee
housing. This is permitted by Special Permit subject to the following: '.
I. ' SeasJna1 employee housing shall be for no more than seven months betwc6t
: April' 111: and October 31 st aMually. :
2. · Seascinal employees shall be housed in motel/hotel rooms only. Seasonal employees
, may not be housed in camp sites, tents, RVs, mobile homes or campers located
in the' motel/hotel property. '
3. , Seasonal employee housing shall meet all the Board of Health and State of.
. Massachusetts regulations regarding building and fire codes, health codes, I
, water supply and wastewater disposal.
4. Maximum occupancy rate of each unit to be determined per the Health Codes.
S. Seasonal Employee housing shall be used solely by employees and shall not
include family members of employees or other non-employees. i ·
6. ; The employer shall designate an on-site proctor for each property utllized as employee
• housing. •
7. All employees shall have access to cooking facilities, which sball include at a
minimum a microwave, sink, cooktop and refrigerator/freezer. '.
8. : No m'orc than 1 S¾ of any hotel or motel rooms at a single parcel may be used for
. employee housing. Each room used for employee housing shall be identified on a
locus'. map of the site and submitted to the Zoning Board of Appeals Board of Health
and Yarmouth Police Department.
9. : All employees must be able to demonstrate that they maintain a principal pla.cc of
• residence elsewhere. ,
10. ' The property owner shall keep records of all employees utilizing employee husing,
including name, permanent address and length of stay. All documentation to be
· provided upon request. •
1 I. • Approval shall be valid for one year only for the initial Special Permit issued to an
• applicant. For subsequent applications, approval may be valid for up to two years at
• the discretion of the Zoning Board of Appeals. Violations of the conditions of the
. Special Permit may result in the Special Permit being revoked.
2
• •
Accordingly, on Motion made by Mr. Garnick and seconded by Ms. Martin the Board voted
unanimously to grant the Special Permits prayed for by the Petition and with the following conditions:
I
Special Permit: §404.4: That designated Room 78 (as shown on the submitted
I plans) be the room to which this relief is granted;
Special Permit: §404.S: That designated rooms 73-77 in the main building :
and 62-67 in the ''Shark Taruc Building" (as sho..,,n on the ·
submitted plans) be the rooms to which this relief
be granted and that Petitioner return for review
one year as required by §404.S.
No permit shall 1.ssue until 20 days from the filing of this decision with the Town Clerk. This decision
mast be recorded at'the Registry of Deeds and a copy forwarded to the Board or Appeals. Appeals
from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after flling of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special
Penn It shall 12pse If a substantial use thereof has not began within 24 months. (See bylaw, MGL c40A
§9)
3
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION : 'll!AU08PH2:19REC
FILED WITH TOWN CLERK: August 7, 2014
PETffiON NO:
HEARING DATE:
PETITIONER:
OWNER:
PROPERTY:
#4486
July 24, 2014
Sandbar Management, Inc.
Sandbar Holdings LLC
512 & 518 & 532 (portion) Route 28, West Yarmouth, MA
Map & Parcel: 0031.82, 83 & 85; Zoning District: B2 & HMODl
512 & 518 Route 28:
Certificate# 199116 & C217-83, C217-85, C217-87, and C217-90
Land Court Lot & Plan: Lot 43 & Lot 44-Plan # 26266-F
532 (portion) Route 28:
Book 28033, Page 253
Lot 2 in Plan Book 652, Page 84
MEMBERS PRESENT AND VOTING: Steven De Young, Chairman, Sean Igoe, Bryant
Palmer, Chuck Hart', and Richard Neitz. ·
I
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 Register, the hearing opened and held on the date stated above. ·. . . , I . . . . I ..
The Petitioner is Sandbar Management, Inc. The Petitioner has·previously obtained relief from the
Board of Appeals in Petition Nos. 4420, 4368, and 4486 to operate the Cape Cod Inflatable Park at
518,512 and 532 (rear) Route 28, West Yannouth.
I .
The Board's Decision in Case #4486 contains a condition (Condition I) that the Petitioner schedule a
review by the Board no later than June 26, 2014, to review and assure compliance with the blower
sound mitigation measures. The Petitioner requested this review, and the Board conducted such
review on June 26, 2014, and July 24, 2014. ·
I .
The Board's Decision in Case #4486 also contains a condition (Condition 2) that certain blowers be
buried as part of the sound mitigation measures. The Petitioner requested a Modification of the
I
: ..
Special Pennit in order to delete Condition 2 since new blowers with silent motors hav~ been
installed throughout the Inflatable Park, and burying any of the blowers is no longer necessary.
The Petitioner was re)resented by Attorney Andrew Singer and Mr. Joseph Marrama, plincipal
owner and operator of the facility.
No abutters spoke in clnnection with the proposal at the public hearing. . ,
After a discussion ovei two meetings concerning the blower sound mitigation measures
1
adopted by
the Petitioner and steps taken to mitigate such sound generation at the facility, it was the consensus
of the Board that the Board is satisfied that the blower sound mitigation measures are working and
that this matter has been adequately addressed. : .
After further discussioh about Condition 2 and the newly-installed silent motors, a moti~n was made
by Mr. Igoe, seconded'by Mr. Palmer, and voted 5-0 in favor, to grant a Modification to Special
Permit #4486 to delete' Condition #2 in its entirety and replace it as follows: !
"2. The Pelitioner shall maintain the new silent motors or similar technoloJ for
the rides at the facility." :
All other provisions jd conditions of the prior Decisions as previously amended shall ~main i~
effect except as modified or discussed herein. : .
No permit shall issuJ until 20 days from the filing of this decision with the Tow~ 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) '
: I . ,U::~~a Steven'DeYoung, CH"
2
,.,
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
-...D
c-S'
~
FILED WITH TOWN CLERK: November 28, 2012
PETITION NO:
HEARING DATE:
PETITIONER:
OWNERS:
PROPERTY:
I
#4420
November 8, 2012
Sand Bar Management, Inc., & Irish Village Holdings, Ltd.
Cape Cod Irish Village Motel Condominium &
Irish Village Holdings, Ltd.
518 & 512 Route 28, ,vest Yarmouth, MA
Map & Parcel: 0031.82 & 0031.83; Zoning District: B2
Certificate#: 190899 & C217, C217-83, C217-85, C217-87,
and C217-90
Land Court Lot & Plan: Lot 44-Plan # 26266-F
Lot 43-Plan # 26266-F
MEMBERS PRESENT AND VOTING: Steven De Young, Chairman, Sean Igoe, Joseph
Sarnosky, Bryant Palmer, John Richards, and Robert Howard {Alternate).
I
• I
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 Register, the hearing opened and held on the date stated above.
. I
The Petitioners are S~nd Bar Management, Inc. and Irish Village Holdings, Ltd. In Case #4368, the
Board granted a Special Permit to the Petitioners to redevelop a portion of the Property to be used for
the Cape Cod Inflatable Water Park. The Petitioner now seeks to amend the Special Permit to
reconfigure and expand the Cape Cod Inflatable Park as follows: 1) extend the rear fence north, 2)
extend the northwesterly portions of the fence west to be even with the western fence line, 3) relocate
the Water Park to the 'rear of the enclosure north of the proposed raised masonry seating area, and 4)
remove the existing southerly building and locate an Air Park in the middle and front ends of the
enclosure south of the seating area. The proposal includes a significant aesthetic upgrade to the front
of the Property.along ·Route 28. The property is located in the B-2 Zoning District and the HMODI
Zoning District. ·
1
: I
' ·• ·,
The Petitioners were represented by Attorney Andrew Singer together with Mr. Jack Hynes
(principal of the Petitioner), Mr. Joseph Marama (operator of the facility), and Mr. Kieran Healy,
Engineer for the Petitioners. Also speaking in favor of the Petition at the hearing were Ben Volpe,
Robert Dubois, and Patty Lloyd. Letters of Support were submitted by Lucy Gageiro-Bairos, Geneva
Smithlin, Joanne Lekas; CEA Yarmouth LLC, Holiday Vacation Condominium Association,
Yarmouth Gardens, Dockside Hotel Group, DPC Realty Trust, RCR Mgt Inc., and L&L Wings, Inc.
No one spoke or submitted testimony in opposition to the proposal. •
A lengthy discussion tJok place regarding expectations from the origin~! hearing in Case #4368
regarding the front landscaping, Board and community dissatisfaction with the originally-approved
landscaping, and new fencing, lighting, proposed rides, setbacks, visibility, and aesthetics of the
project The Cape Cod Inflatable Park will remain a seasonal facility. There will be no change in the
number of permitted restaurant seats (100) in the Inflatable Park. Outside seating for the restaurant
will be located on the existing rear patio as well as in the proposed seating area. There will be no
changes to the arcade in the Inflatable Park or the motel on the other portion of the Property. The
first floor of the "motel units" building as shown on the site plan will be converted to party rooms and
will be accessible only 'by Inflatable Park patrons. The existing patio by the front entrance will be
covered during the season for gift sales. The Site Plan Review Committee unanimously voted in
accordance with the Zoning By-Law to approve the parking demand for the proposal as set forth on
the site plan. Parking for the Property will remain conforming.
I
The Board's decision in Case #4368 contained 14 conditions, including a requirement for the Board
to review compliance ,vith the conditions within one year. The Petitioner requested this review and
the Board conducted this review as part of this Modification. The Board found that there was
compliance and further found that the original conditions would remain in force and effect except as·
modified herein (see below). .
After further finding Jat the Modification will not be substantially more detrimental or ~ore
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, a motion as
made by Mr. Igoe, seconded by Mr. Palmer, and voted 5-0 in favor, to grant the Modification as
requested to Special Permit #4368 to allow the expansion of the Cape Cod Inflatable Park as shown
on the submitted plans' consistent with and as prayed for by the petition on the following conditions:
I. Except for the ~ollowing modifications, the conditions of Special Permit #4368 remain in
force and effect: .
I .
A. The Inflatable Air Park season will be April I st through October 31 st, and the
Inflatable Water Park season will be Memorial Day through Labor Day;
I
B. The Inflatable Air Park hours of operation will be 10:00 a.m.--10:00 p.m., and the
Inflatable Water Park hours of operation will be 10:00 a.m.-6:00 p.m.;
I
C. Exteri6r lighting for the Inflatable Park will be as follows:
2
• •
2.
i. Except for one existing light pole, there will be no exterior lighting for the
Inflatable Water Park; and
ii. Shielded exterior lighting is proposed for the Inflatable Air Park. The
submitted photometric plan demonstrates that there will be no off-site impacts
of these lights. The light poles have been designed to accommodate the
respective heights of the rides, and the rides have been positioned so that the
lower rides are in front and the larger rides are further back. The rides in the
front portion will be no higher than 20 ft. (though most are much lower), and
the light poles in this area will be 30 ft. in height. The rides in the middle
portion will be no higher than 30 ft. (though most are much lower), and the
light poles in this area will be 40 ft. in height. The light poles shall be the
minimum diameter required to support the lamp and shall be a dark color
(black or other); and ·
I
D. Public ~afety access will continue to be provided through two access gates.
The landscapink for the front of the Property shall be as follows: :
I
A. Along Route 28 in front of the Motel (from the western boundary to the driveway),
install Jod and bushes around the existing three (3) mature trees (no berm);
I
B. Along Route 28 in front of the Inflatable Park (from the eastern boundary to the
drive\~y), all as shown on the Landscape and Rendering Plans, deepen the existing
berm, ~stall six-foot lattice-topped white fence (vinyl or wood) on top of the four-
foot-high berm, and install sod and year-round plantings;
I
C. Along the western side of the driveway adjacent to the motel, install sod back to the
• I • l . . swnnnung poo m perv1ous areas; _ ·.
I
D. Along lthe eastern side of the driveway adjacent to the Inflatable Park, install eight-
foot lahice-topped white fence (vinyl or wood) from the landscape berm to the first
Emergency Access Gate with year-round plantings west of the fence, the fence to be
stepped down in sections after the first 24 feet; and
. I
E. Alongi the eastern side of the Inflatable Park, install eight-foot lattice-topped white
fence (vinyl or wood) from the landscape berm seventy-feet north to meet the
existing dense row of arbor vitae trees with year-round plantings east of the fence, the
fence to be stepped down in sections after the first 24 feet.
3
. '
3. The Petitioner shall schedule a review by this Board no later than one year following grant of
this modificatioJ to review and assure compliance with the landscape conditions. I ,
4. If so determined by the Board at the one-year review, the Petitioner shall schedule a second
I
review by this Board no later than two years following grant of this modification to review
• I
and assure compliance with the landscape conditions. ·
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) ,
' -' I
,4,c 9~.
Stevln De Young,
' I
I
I
4
..
TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
VARMOUTHTOrANCLERK
~
. FILED WITH TO\VN CLERK: Jannary 4, 2012
I
PETITION NO:
I
HEARING DATE:
PETITIONE~
OWNERS:
PROPERTY:
#4368
December 8, 2011
Sand Bar Management Inc., & Irish Village Holdings, Ltd.
~
Cape Cod Irish Village Motel Condominium &
Irish Village Holdings, Ltd.
518 & 512 Route 28, West Yarmouth, 'MA
Map & Pan:el: 0031.82 & 0031.83; Zoning District: B2
Certificate iJ: 190899 & C217
.. .. ..... ,. --, .. "-'="' ----·:1.: Land Court Lot & Plan: Lot 44-Plan # 26266-F
• ... · ... , ~0 ~0 ="-'·.=· ,_·,~·"'=--~.-'""·tot·43-Plan #26266-F
. u
C
H
MEMBERS PRESENT AND VOTING: Steven De Young, Chairman, Joseph Sarnosk--y,
Sean Igoe, Debra Martin, Richard Neitz and Bryant Palmer {Alternate)
I
Notice oft.ie h~g has been given by ~nding notice thereof to the Petition;r and all those owners of
property as required by law, and to the public by posting notice of the bearing and publishing in The
Register, the hearing opened and held on the date stated above. ·
The Petitioj are Sand Bar Management, Inc. and Irish Village Holdings. Ltd. who seek
alternate forms of relief in connection with property located at Nos. 512 2nd 518 Route 28, West
Yarmouth, Mzssachusetts. The property is located in the B-2 Zoning District and has, for many
years, housed a motel, gift shop, restaurant end associated activities. The property is also located
in the HMOD 1 Zoning District This District was created, essentially, to favor
development/redevelopment of hotels and motels along the Route 28 corridor. The expressed
desire by the Town in the consideration and adoption of the HMODI Zoning District was to allow
hotels and motels to be granted relief to develop/redevelop their properties so as to maintain and
enhance tourism within Ymnouth. . . I
The most recent, primuy use of the property Y.'aS the "Irish Village" and the Petitioner seeks
Special Permits necessary to develop an inflatable water park on a portion of the property to be
utilized by both their guests end the public. The motel use will continue in the existing motel
buildings and amenities. .
, I
The water park "ill be run seasonally, between Memorial Day and Columbus Day. No additional
outside lighting is proposed. The improvements will include r=oval of the two pre-existing,
I
. I
non-conforming buildings on the e2Stem side of the property together with removal of a large
concrete tennis court. An existing restaurmt building will be converted for use as a central
reception area, arcade, bathrooms and dining area. The building which has housed a gift shop
will be converted for us: as party rooms, changing areas, amusement use and retail (gift) sales.
Access to 1hese buildings will be restricted to those persons properly accessing the water park
facility. Extensive fencing is also proposed.
The petition \\J very well presented by Attorney Andrew Singer together with Mr. Jack Hynes
(principal ofth:: Petitioner) and Mr. Joseph Marama (operator of the facility). Also speaking in
favor ofth: petition were the follo\\ing: Kiem."1 Healey, Kevin Enright, Ben Volpe, Paul Swartz,
Tom Murphy, William Campbell, Robert Dubois end Rob Nichols. For brevity, each spoke about
· the favorable aspects of enhancing business and, particularly, tourism. Each represented a
n:ighboring business along Route 28, the Yarmouth Chamber of Commerce, the Y ennouth
Restau.-ant Owners' Association or were a neighbor/abutter to the property.
Several persons! spoke in vocal opposition to the petition. These included Joanne Rekas, Linda
Patterson and Warren Ward. Each spoke as abutters to the property or on behalf of abutters to the
property. Great concern V.'l!S expressed about the potential noise coming from children at play at
the facility and their fear that this would interfere v.ith tranquil use of their property and that the
project might reduce their property values.
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0 Also speaking J,ere Geneiva Smithland who sought to assure that, if granted, buffer plantings and
fencing would be required 2nd Mario Vivicas, manager of Holiday Va::ations, who raised
concerr.s regarding water run-off that has come onto his business property.
The· Board genLy felt that the noise of people at play, confined to hours of operation between
10:00 a.m. and 8:00 p.m. was not likely to cause any harm to the neighborhood or Town. The
property is in a B-2 Zoning District; it abuts a main traffic corridor with the noise generally
associated with 'a d:veloped business area; and the use of the property has, for many years,
included person's vacationing and engaging in residential-like activities.
It was agreed b} the Board that the proposed use would not create harmful or offensive noise
levels end that as appropriately conditioned, the abutters mll be protected. · . '
Conversely, thejBoard \\'l!S in complete agi:eement that the benefits to be realized would be
significant. -pie enhancement of the property would, in all probability, enhance the overall.
business community and, in particular, provide tourists and locals with amusement opportunities.
After &ding~ the relief sought would create no undue nuisance, hazard or congestion nor
would there be substantial harm to the established or future character of the neighborhood or
Town, Motion v.ras made by Mr. Igoe, seconded by Ms. Martin to grant a Special Permit to alter,
extend and change pre-existing, non-conforming conditions and a Special Peanit for use ·
consistent with 'use Table NI 1 (amusement and recreation) consistent with and as prayed for by
the petition on the following conditions:
1. The :driveway to the property shall be designated by pai:\lted.crosswalk from the
proposed reception area to the motel 2rea;
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2. Speed bumps will be installed across the driveway 30 feet before and 30 feet after the
pairrted crossing erea; -I .
3. The hours of operation of the water park will be limited to 10:00 a.m. through 8:00
p~ or dusk, whichever is earlier, while the arcade/amusement indoor area may
continue operation until 10:00 p.m.;
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4. The Petitioner will assure the presence of a certified lifeguard in the area of the water
park designated for toddler use;
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S. Toe Petitioner will assure proper traffic flow at the facility to alleviate any congestion
on site or entering/existing from the site to Route 28;
6. Thje will oe no additional, exterior lighting in the amusement except necessary
security lighting;
7. Reslant seating will be reduced to 100 seats maximum;
8. At 1last 6' stockade fencing will be erected ~ong the 173.77' northern lot line es
· ·; ' sho~ on the submitted plans and along the easterly lot line for a distance of200.69';
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9. Additional chain link fencing shall be erected as shown on the plan;
1 D. Manhe arborvitaes (preferably Dark American) of at least 6' in height will be planted
at appropriate intervals along the stockade fencing to be erected on the lot lines except
only in the "wooded" area as shown on the submitted plans;
11. Amlem.ent area noise abatement shall be implemented by erection of stockade
fencing (6' or higher) to the northerly side of the amusement/water park and to a
distahce of at leest 40' on the west:rly and easterly sides thereof. The northerly (rear)
area hliall also be lnrlfered by installation of mature arborvitaes (preferably Dark
Amdican) of at least 6' in height though no such plantings are required along the
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westerly or easterly fencing;
I~. No later amusement will exceed 35' in height;
13. Toe hant of relief is exclusive and limited to these Petitioners. If any transfer of
own~rship or park operation should occur, further review by this Board will be
required to determine if the relief shall sray in effect; and . I . . .
14. The Petitioner shall schedule a review by this Board no later than one year
: folloWing grant of this relief to assure compliance v.ith these conditions.
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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 or Deeds and a copy fonvarded to the Board of Appeal!. Appeals
Crom this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days
after filing or this notice/dechlon with the Tofil Clerk.. Unless otherwise provided herein, the Special
Permit shall lapse ifa substantial use thereof has not begun within 24 months. (See bylaw, MGL c40A
§9)
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