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Home My WebLink AboutBOA #5212 RECEIVED ] Law Office of Singer & Singer, LLC MAR 30 2026 26 Upper County Road P.O.Box 67 Dennisport,Massachusetts 02639 BUILDING DEPARTMENT BY. Andrew L.Singer Tel:(508)398-2221 Marian S.Rose Fax: (508)398-1568 www.singer-law.com Myer R. Singer(1938-2020) March 26, 2026 Sean Igoe, Chair Yarmouth Zoning Board of Appeals 1146 Route 28 South Yarmouth, MA 02664 Re: Sandbar Management, Inc. 518 and 540 Route 28, West Yarmouth Petition# 5212 Dear Chair Igoe: Enclosed please find a copy of the Decision from the Zoning Board of Appeals for the above referenced matter, which was recorded in Book 37530, Page 135 at the Barnstable County Registry of Deeds as well as registered today with the Barnstable District Registry of Land Court as Document No. 1, 540, 818. Thank you. Very truly yours, Bonnie Mossey for Andrew L. Singer Enclosure Copy to: Yarmouth Town Clerk Yarmouth Building Commissioner Doc:1,540,818 03-26-2026 1:22 D.tr 4,4t COMMONWEALTH OF MASSACHUSETTS 7 'Ir TOWN OF YARMOUTH ,.... 4 - 0 BOARD OF APPEALS 0 i `4 DR TE ea Petition#:5212 Date:March 23,2026 Certificate of Granting of a Special Permit (General Laws Chapter 40A,Section 11) The Board of Appeals of the Town of Yarmouth Massachusetts hereby certifies that a Special Permit has been granted to: PETITIONER:Sandbar Management,Inc. PROPERTY OWNER:Sandbar Holdings,LLC Affecting the rights of the owner with respect to land or buildings at:518&540 Route 28,West Yarmouth, MA;Map 31,Parcels 82-C,83,84,85.1,and 86;Zoning District:B2 and HMOD1;Title:Book 34575, Page 225(540 Route 28);Document No:1209691(518 Route 28)and the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Special Permit, and copies of said decision,and of all plans referred to in the decision,have been filed. The Board of Appeals also calls to the attention of the owner or applicant that General Laws,Chapter 40A, Section 11(last paragraph)and Section 13,provides that no Special Permit,or any extension,modification or renewal thereof,shall take effect until a copy of the decision bearing the certification of the Town Clerk that twenty(20)days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed or that,if such appeal has been filed,that it has been dismissed or denied,is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.The fee for such recording or registering shall be paid by the owner or applicant. Sean Igoe,Chairman ��T .A TRUE COPY ATTEST: )111jO�Zc4�Ea CMlld ICMCI TOWN CLERK MAR 2 5 2026 L:;,_+;x,,I.- Doc: l 540 818 03-26-2026 1 : 22 Page 2 of 4 :R2`26.: 2: `l . 0\ TOWN OF YARMOUTH BOARD OF APPEALS . qi DECISION • 4v FILED WITH TOWN CLERK: March 2, 2026 PETITION NO: 5212 HEARING DATE: January 22,2026 PETITIONER: Sandbar Management, Inc. PROPERTY OWNER: Sandbar Holdings, LLC PROPERTY: 518 & 540 Route 28, West Yarmouth, MA Map 31,Parcels 82-C, 83,84,85.1, and 86 Zoning District: B2 and HMOD1 Title: Book 34575, Page 225 (540 Route 28) Document No: 1209691 (518 Route 28) MEMBERS PRESENT AND VOTING: Chairman Sean Igoe, Dick Martin,John Mantoni, Barbara Murphy, and Tim Scanlan 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 Cape Cod Times, the hearing opened and held on the date 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, 4705, 4926, and 4948, for the properties at 492,498, 512, 518, 526, 532, and now 540 Route 28, West Yarmouth, Massachusetts. The properties are the site of the Wicked Waves Waterpark and Cape Cod Family Resort. The properties are located in the B-2 Zoning District and the HMOD1 Zoning District. The Petitioner is seeking to redevelop and reconfigure portions of the Waterpark by relocating the inflatable rides to the adjacent, former Salty's property at 540 Route 28; 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(Proposed Site Plan, revised December 5, 2025). Previously, the Design Review Committee and the Site Plan Review Team had reviewed the proposal and provided comments, dated October 21, 2025 and November 4, 2025, respectively, to the Petitioner. A TRUE COPY ATTEST: kkE CMI /Nei A CLERK 1 • Doc: 1,540 , 818 03-26-2026 1: 22 Page 3 of 4 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. The Petitioner testified that the proposed reconfiguration will not increase existing capacity at the Waterpark but rather allow visitors to be better spaced out in order to enhance guest experience and operating efficiency. The existing restaurant building and single-family dwelling as well as large, paved areas on the former Salty's property will be removed, and the extended Waterpark will conform to the dimensional requirements in this location. A wide-open public driveway on Route 28 will be eliminated,thereby reducing conflict points on the State highway. An abutter, Paula Auerbach,asked about screening from the west and about a buzzer sound.The Petitioner agreed to review the buzzer sound and to contact Mrs. Auerbach. The proposal requires a Special Permit for N-11 Use(Amusement&Recreation Services). A discussion, including questions and consideration,took place concerning number and height of inflatable rides,height of new water rides, number of certified lifeguards and employees, screening along the eastern property boundary, the relocated emergency drive and gate,the extended berm and white vinyl fencing, and occupancy. Based on the above and testimony received at the public hearing,the Board found that the redevelopment proposal will not be substantially more nonconforming and that no undue nuisance,hazard or congestion will be created. Accordingly, a motion was made by Mr. Mantoni and seconded by Mr. Martin to approve the Special Permit as requested.The members voted as follows: Mr.Martin: AYE;Mr. Mantoni: AYE;Ms. Murphy: AYE; Mr. Scanlan: AYE;Chairman Igoe: AYE.The motion was voted 5-0 in favor. Therefore,the Special Permit was granted. No permit shall issue until 20 days from the filing of this decision with the Town Clerk. 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 §103.2.5, MGL c40A §9) Sean Igoe, Chairman UE C ATTEST: bMMO/CMG I TOWN CLERK 2 MAR 2 5 2026 Doc: 1,540 , 818 03-26-2026 1 : 22 Page 4 of 4 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#5212 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. WV:iya-F1-4/044 Mary A. Maslowski, MMC, CMMC MAR 2 5 2026 . A TRUE COPY ATTEST: &04 4).Atighti416> CMtyl I CMC/TOWN CLERK 3 JOHN F. E2 LS202.6T RECORDER BARNSTABLE REGISTRY LAND COURT DISTRICT RECEIVED & RECORDED ELECTRONICALLY