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HomeMy WebLinkAbout5212 Wicked Waves Waterpark Attorney Summary of Reasoning Received 01.08.26 1 Law Office of Singer & Singer, LLC 26 Upper County Road P. O. Box 67 Dennisport, Massachusetts 02639 Andrew L. Singer Tel: (508) 398-2221 Marian S. Rose Fax: (508) 398-1568 ______ www.singer-law.com Myer R. Singer (1938-2020) Yarmouth Board of Appeals Petition #5212 SUMMARY OF REASONING Sandbar Management, Inc. [“Applicant”] operates the Wicked Waves Waterpark and Cape Cod Family Resort at 518 Route 28 in West Yarmouth and is also incorporating the adjacent property at 540 Route 28, formerly Salty’s Restaurant [collectively “Property”]. The Property is located in both the B2 and HMOD1 Zoning Districts. The Applicant is seeking to redevelop and reconfigure portions of the Waterpark by relocating the inflatable rides to the former Salty’s property, extending the screening berm and fence along Route 28, and adding conforming water ride features and cabanas in place of the current inflatables’ location as shown on the submitted plans. The proposed reconfiguration will not increase existing capacity at the Waterpark but rather will allow visitors to be better spaced out in order to enhance guest experience and operating efficiency. The proposal will complement the balance of the attractions in this leading summer venue with no impact to parking or traffic. In order to complete the proposed redevelopment, the Applicant is requesting a new or amended special permit in accordance with Sections 104.3.2 and 202.5 – Use regulation N11 of the Yarmouth Zoning By-Law [“Zoning By-Law “] and M.G.L. Chapter 40A, Section 6, in order to incorporate the 540 Route 28 property, relocate the inflatable rides, and add the water ride features. In reviewing the special permit request, the Board must determine that the proposal will not be substantially more nonconforming and will not be substantially more detrimental to the neighborhood, zoning district or Town than the existing conditions. 2 The Applicant respectfully submits that the proposal satisfies the special permit criteria, will not be substantially more detrimental or nonconforming, and will, to the contrary, be a benefit and improvement to the neighborhood and the community because: 1. The Wicked Waves Waterpark and Cape Cod Family Resort is a leading seasonal, summer-time destination for tourists and residents of Cape Cod, and further upgrading the attractions at the Waterpark as proposed will enhance the family-friendly experience of all guests with no change in capacity or intensity of use; 2. The proposal conforms to the dimensional requirements of the Zoning By-Law. The pre- existing nonconforming restaurant building and detached dwelling at the 540 Route 28 property will be removed and replaced with the inflatable rides. The relocated inflatable rides and the new water ride features will conform to setbacks and height requirements; 3. The existing berm and fence along Route 28 will be extended along the road, there will be vegetated buffers, and the existing emergency driveway will be relocated to the edge of the combined Property; 4. An existing, wide-open, public driveway on Route 28 will be eliminated, thereby reducing conflict points on the State highway; 5. There will no change to the seasonal nature of the business nor in the previously-approved hours of operation. The Waterpark is only open, weather-dependent, between 10:00 a.m. to 6:00 p.m., June through Labor Day; 6. The relocated and new rides will make the Waterpark even more welcoming to and enjoyable by entire families, including parents, teens, and younger children, respectively; 7. The Design Review and Site Plan Review Committees have each reviewed the proposal; 8. There will be no negative impact to drainage, septic flow or stormwater; 9. Given the seasonal nature of the business, including a limited number of good weather days during the short season and the Applicant’s continued dedication to and track record 3 with safety, water quality, and environmental protection, the proposal will be a benefit to the community; 10. The proposal will have no greater impacts to the neighborhood or Town than the previous approvals granted by the Board and the existing, standalone restaurant property at 540 Route 28; 11. 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 congestion in the neighborhood, zoning district or Town; 12. The Applicant 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; 13. The proposal will enhance the owner’s ability to maintain and further improve the economic viability of the Property with an allowed use; and 14. The Property will continue to be a boon not only to other businesses and motels in the immediate vicinity, as well as throughout Town, and will remain an asset to the character of the neighborhood and Town. For all of the above reasons, the Applicant respectfully requests that the Board of Appeals make findings that the proposal satisfies the criteria of Sections 104.3.2 and 202.5 Use Regulation N11 of the Zoning By-Law and M.G.L. Chapter 40A, Section 6, and grant special permit relief as requested to complete the redevelopment and reconfiguration as shown on the submitted plans.