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HomeMy WebLinkAboutDecision 3661 Filed 01.24.01r,.... TOWN OF YARMOUTH OY'Y` i ''. BOARD OF APPEALS t------O",DECISION 1.J 7p of` 4}Ci i 1 / MATTACti CSC/I '\ V 2j FILED WITH TOWN CLERK: January 24, 2001 f: _ J PETITION NO: 3661 HEARING DATE: January 11, 2001 PETITIONER: Donald Kurson, Trustee of Kings Way Trust et al PROPERTY: Kings Circuit, Yarmouthport Map: 134, Parcel: 60.3,60.2,61 (142/1-17) Zoning District: R40 MEMBERS PRESENT AND VOTING: David Reid, Chairman, Joseph Sarnosky, Diane Moudouris , Richard St. George, Doug Campbell, Alternate. It appearing that notice of said hearing has been given by sending notice thereof to the petitioner and all those owners of property deemed by the Board to be affected thereby, and to the public by posting notice of the hearing and published in The Register, the hearing was opened and held on the date stated above. The petitioner seeks a modification of its existing permit, so as to allow "public play" of the golf course until December 31, 2002. According to the Board's prior decision (#3555-8/25/99), public play was to have expired on December 31, 2000, unless application were made for a further extension. The petitioner also seeks permission to proceed based upon the existing site plan, since no site alterations are proposed or requested. The petitioner represents that the King's Way development is nearing completion of its final construction phase. The original permits/decision permitted public use of the golf course, in order to keep it self-funding until completion, so that it would not be an economic drain upon the developer or residents of the condominium complex. The current proposed extension of this time limit will allow for the completion of the remaining units, and for their sale to new residents before the responsibility for the course falls entirely to the residents. Some concerns were expressed at the hearing, as in prior hearings, for the imposition on abutting residential neighbors (especially around hole #4). The petitioner has made several efforts to address these and similar concerns, however the noise from the fourth tee, which is elevated above the fence line, remains an annoyance to the nearest neighbor. The noise seems especially problematic for this "white" (mens) tee, and is attributed by the neighbor to disrespectful "public play" guests, not residents of the complex. The Board reviewed these concerns, photographs, engineering reports, additional information 1- and suggestions presented. There appeared to be no readily available solution to fully satisfy the concerns. However, since the complaints seemed principally to involve non-resident players using the "white" tees, the solution was proposed to make the white tee for "residents only". While this may be an imperfect solution, it did seem to the Board to be the most direct and practical one available. In all other respects, the Board finds that the petitioner has already made reasonable efforts to address these and related neighborhood concerns. Therefore, a motion was made by Mr. Sarnosky, seconded by Mrs. Moudouris, to grant the modification, based upon the existing site plan, to allow public play to be extended through 12/31/02, on the condition that the "white tee" of the fourth hole be restricted to resident golfers only. Mr. Reid, Mr. Sarnosky, Mr. Richards, Mrs. Moudouris voted in favor, Mr. St. George voted against the motion. The Special Permit is therefore 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) Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See MGL c40A §10) David S. Reid, Clerk Board of Appeals 2- r TOWN OF YARMOUTH BOARD OF APPEAL 1!(l1T a { ,1V T 111 w • n H 4:41 f O Y "JS , _ _S' APPLICATION FOR HEARING 73 NOV I6 PH2= 55 Appeal#: 3 Co I Hearing Date: I I 11 I Pi Fee$ ‘a,a'to U Applicant: Donald Kurson, Trustee of Kings Way Trust et al Full Name-including d/b/a) J I Iii;nT) g,c4-11-p.,9.N Address) zip) Telephone Number) and is the (check one) El Owner 0 Tenant 0 Prospective Buyer 0 Other Interested Party Property: This application relates to the property located at:Kings Circuit, Yarmouthport, MA which is also shown on the new Assessor's Map:See Attached 3q_ as Parcel:60.1 160.21 LL(old Map & Lot #)14V1- 1I Zoning District: iStio Project: The applicant seeks permission to undertake the following construction/use/activity :(give a brief description of the project. i.e.: "add a 10' by 15' deck to the front of our house” or "change the use of the existing building on the property"): The applicant seeks permission to extend full public access at Kings Way Golf Club Course and Facilities through December 31, 2002. 3555 Z LAI lggq RELIEF REQUESTED: The applicant seeks the following relief from the Board of Appeals: SEE ATTACHED 1) REVERSE THE DECISION OF THE BUILDING INSPECTOR OR THE ZONING ADMINISTRATOR dated attach a copy of the decision appealed from). State the reason for reversal and the ruling which you request the Board to make. SEE ATTACHED 2) x SPECIAL PERMIT under § of the Yarmouth Zoning By-law and/or for a use authorized upon Special Permit in the "Use Regulation Schedule" §202.5 3) VARIANCE from the Yarmouth Zoning By-law. Specify all sections of the by-law from which relief is requested, and, as to each section, specify the relief sought: Section: Relief sought: Section: Relief sought: Section: Relief sought: SEE ATTACHEDAdditionalcomments: FACT SHEET This sheet must be completed and filed at the time of application. N/A Owner of Property(if other than applicant) Full Name) Address)Telephone Number) See Attached How long has the owner had title to the above premises:Give title reference if available) Multi-Family Dwelling and Golf Course 202.5 # A3 and N6 Use Classification: Existing: Proposed: 202.5 # A3 and N6 Is the property vacant: NolongHow has it been vacant: N/A See Attached Lot Information(if available) Area: See Attached Subdivision/Plan Reference: X Is this property within the Aquifer Protection Overlay District: Yes No Other Department(s) Reviewing Project: Indicate the other Town Departments which are/ have/ or will review this project, and indicate the status of their review process: Ongoing Site Plan Review Repetitive Petition: Is this a re-application: no If yes, do you have Planning Board Approval: Prior Relief: If the property in question has been the subject of prior application to the Board of Appeals or Zoning Administrator, indicate the Appeal number(s) and other available information: SEE ATTACHED ADDITIONAL INFORMATION: Please use the space below to provide any additional information which you feel should be included in your application: SEE ATTACHED Applicant's Signature/Atto ddress Owner's Signatur weeney, Jr. By: Edward J. Swe y, Jr. , Atty. for App. Atty for App. 25 Mid-Tech Drive, Suite C W. Yarmouth, MA 02673 Site Plan Review 5 0 8) 7 7 5-3 4 3 3 Required Completed s El Yes No aYes No ding Inspector's Signature YARMOUTH ATTACHMENT TOWN C` E R TOWN OF YARMOUTH713 t'OV 16BOARDOFAPPEALS Application for Hearing R E C D Appeal #: Hearing Date: Fee: Applicant and Owner: Donald K. Kurson et al, Trustees of Kings Way Properties Realty Trust, under Declaration of Trust dated March 31, 1993, recorded as Document No. 578,921, with an Address of 46 Glen Avenue, Newton, Massachusetts 02159, and Donald Kurson, Trustee et al, of the Kings Way Trust, being an Amendment of the Oak Harbour Open Space and Facilities Management Board Trust as amended by Trust Agreement dated May 12, 1987 and recorded as Document No. 433670, with an address of 46 Glen Avenue, Newton, Massachusetts 02159. Property: This application relates to the property located at: Kings Circuit, Yarmouthport, Massachusetts, Zoning District R-40. Assessors Map Parcels 134 60.3, 60.2, 61 142 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 15, 17 and/or other maps and parcels as may be shown as Kings Way on the amended records of the office of the Yarmouth Assessors. Said property and development is commonly known as Kings Way, an open space village development on a parcel of land containing approximately 194 acres, on the north side of Route 6A, Yarmouth Port, Massachusetts, as shown on Land Court Plans and having permitted uses as noted as follows: Certificate of Lot No. Plan No. Title No. Permitted Use 41-A 34279-F1 C-153 Housing 51 34279-G C-279 Housing 88 34279-N C-240 Housing 69 34279-L 136264 Housing 89 34279-Q 136264 Housing 94 34279-Q 136264 Housing 95 34279-Q 136264 Housing 96 34279-Q 136264 Housing 97 34279-Q 136264 Housing 98 34279-Q 136264 Housing 14 34776-B 136382 Community 43 34279-G 136382 Service 44 34279-G 136382 Open Space 49 34279-G 136382 Open Space 55 34279-H 136382 Open Space 80 34279-M 136382 Community 92 34279-P 136382 Open Space 93 34279-P 136382 Open Space Project The Applicant seeks permission to extend full public access at Kings Way Golf Club Course and Facilities through December 31, 2002. Prior Relief and Relief Requested: The Applicant seeks the following relief from the Board of Appeals. In compliance with the existing Decisions of the Board of Appeals as to the project commonly known as Kings Way, this Application is submitted to the Yarmouth Board of Appeals by Donald K. Kurson et al, Trustees of Kings Way Properties Realty Trust, under Declaration of Trust dated March 31, 1993, as successor developer, seeking an extension modification of special permit and related variances, granted by the Yarmouth Board of Appeals in its Decision of October 16, 1975, upon Petition No. 1321 - Document No. 202276, of Oak Harbour Associates, the original Petitioner, and extended by the Board of Appeals in its Decision of April 13, 1984 (Petition No. 2048 - Document No. 337150) by Light House Associates, a prior successor to the original Petitioner, as further modified and supplemented by the Board of Appeals in its Decisions of January 23, 1986 (Petition No. 2268 - Document No. 394798), July 9, 1987 Petition No. 2448 - Document No. 441210), October 29, 1987 (Petition No. 2491 - Document No. 451751) and January 29, 1988 (Petition No. 2511 - Document No. 456783) upon the Petitions of The Green Company, Inc., a subsequent prior successor developer, and as further extended by the Board of Appeals upon Petition of the current Petitioner by Decision made April 28, 1994 (Petition No. 3096 - Document No. 616075) November 10, 1994 (Petition No. 3152 - Document No. 630182) and July 22, 1999 (Petition No. 3555 - Document No. 776887), all heretofore and hereinafter collectively referred to as the Extant Decisions. In its Decision in Petition 3555 (Document No. 776887), the Board of Appeals granted relief to the Petitioner stating: Motion ... to grant the requested extension of general public play at the golf course facilities, until December 31, 2000, on the understanding that, after July 1, 2000, the petitioner may, if necessary, apply for a further extension of this permit...", and A second motion was made to allow the petitioner to sell memberships to the course to non-residents of Kings Way, after the expiration of public play, on the condition that: a) the total number of resident and non-resident memberships not exceed 450 b) the maximum number of non-resident memberships not exceed 200, c) after the end of public play and completion of residential construction, residents of Kings Way be given preference for such memberships, so as to limit the need for the sale of non-resident memberships d) and on the condition, as represented by the petitioner, that the total number of residential units have been reduced from 750 to a maximum of 725 for the facility." In accordance with said Decision, the applicant requests: 1) A further extension and modification of full public access at Kings Way to the Golf Club Facilities and Golf Course through December 31, 2002. In all other respects the Extant Decision shall remain in accordance with the language of the Extant Decision as modified. Further, the applicant requests: 2) Insofar as a Special Permit pursuant to Zoning By-Law Section 103.2, for use N6 Public Golf Course, is required pursuant to Zoning By-Law Section 202.5, same is requested. 3) A waiver of the Board's Rule that its plan be less than two (2) years old; and 4) Such other relief that the Board of Appeals deems meet and just; and 5) A waiver of strict compliance with the Rules and Regulations of the Board of Appeals where it may deem such appropriate. 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L i. \ : 11 i I 4fi I;/ 4V 4 5 i i i 3 •• S vs 4fi 4fi 4fi i i i 1 of P 11.W Is: I li, is 01 r .. i:. 00 r: Zli k ti r anttl§ C$a_ a"' E ER a 1 nir11:I rr 42.2t a te€ a : I rP aa0g ,--: L. vi _ R9 . 9 i i - , ' c e. 8 „ _ -' ~ Walter and Jan Hallowell 12 Marshside Drive Yarmouthport, MA 02675 January 8, 2001 Town of Yarmouth Zoning Board of Appeals South Yarmouth, MA 02664 Dear Town of Yarmouth: We have been working with The Green Companies and their team at the Kings Way Golf Club for the past year. We have had several complaints regarding noise from mowing and other course activity early in the morning. In addition there was an issue of people wandering into our yard looking for errant golf balls as well as a place to relieve themselves. The company was responsive to our concerns. They installed a split rail fence that clearly established the boundary of the course and has virtually eliminated the wandering golfers. They also revised their maintenance schedule so that work would not begin on the 14th hole until after 7:20am. Although the scheduling did not work perfectly at first, they made significant progress, and since late July we have had no issues. Today, we could not be happier. Sincerely, ele CAVANAUGH OCCI ASSOCIATES, 1NcoRCORAcEn 327 F BOSTON POST ROAD,SUDBURY, MA Qi7"G•3O27 TEL:(9 8)+13.7S71 I A\:0.'•:: 7873 c-MAIL:ctaecavtocci,com SfA'IOR PRINC(PAls SENIOrt•IND STAFI'C ONStNI,;'JT ASSOCIATED CONSULTANTS wlLLIAM J.CAVANAUGH FASA INCOI N E' ':`,rtv NIC!IO1,As BROWSE,sti1PTE GREGORY C.TOCCI PE.FASA.PRESIDENT M nRC r;.r,<,l RICH ARr)c;.CANN,PE DRICN G.KrNINC1 DAVID II.KAYE.PASA.FRCS MACTI•lE1^, MIUORk THOMAS N.STEIN P21,N'CIPALS ERIC L.RELY rz DOUGLAS H.BELL,(NICE n1ARKF.T:Ni,.:.VAGCf. ADMINISTRATOR TIMOTHY J.FOU F,l NCCE,B .Cert. LINCOLN B.tERlt; DONNA L.RAFL•S K.nNl'I•IOW IIOOV IFR N'CF A:{ Cert. October 25, 2000 Rick Maranahas The Green Companies 335 Cotuit Road, Suite 3 Sandwich, MA 02563 Fax: 508-833-2624 Subject: King's Way Golf Course -4th Tee Noise Dear Rick, We understand that an adjacent neighbor has complained of noise from the 4th tee. As requested, we visited the site on October 17, 2000 for measurements and observations of existing conditions, summarized in this report. Figure 1 is a partial site plan, showing the existing tee at hole number 4, and its general relation to the adjacent property and existing home. The center of the existing tee is roughly 100 feet from the existing home. Figure 1 also indicates the location of an eight-foot tall fence, which has been recently erected around this existing tee hole number 4. Figure 2 shows a section through the topography of the 4th tee, the nearby hill, and the nearby home. Figure 2 also shows the eight-foot tall fence,which is mounted on top of a small berm. Note that this fence was installed as a noise barrier to attenuate the propagation of sound from the 4th tee to the nearby home. Note that this fence is solid with no gaps or undercuts, and very clearly breaks the line of site between the 4th tee and the nearby home. During our visit, we asked that golf balls be driven as hard as possible numerous times from the front edge of the tee, and we measured these noise events at roughly ten feet from the driver/golf ball impact. We subsequently measured driver/golf ball impact noise at roughly ten feet behind the fence toward the existing home. CrEll MEMBER (FIRM . NATIONAL COUNCIL or ,\COUS'IICAL CONGt1LTANTS Rick Maranahas Page 2 King's Way Golf Course -4th Tee Noise On average, there was roughly a 29-decibel difference in the sound levels between measurements at ten feet from the event and at a location behind the fence. Our calculations indicate that we would expect roughly a 12-decibel difference without the effect of the fence. Therefore, the fence is effectively providing an additional 17 decibels of sound attenuation, which would not have been present without the fence. This fence is highly effective at blocking sound. Our calculations indicate that relocating the tee for greater distance from the home in order to provide the same effective sound attenuation as provided by the fence would require that the tee be relocated roughly 240 feet farther away from the home than its present location. In other words, the fence is providing the same sound attenuation as an increase in distance of 240 feet. In summary, the existing fence is acting as an effective acoustical barrier, reducing golf ball noise by approximately 17 decibels more than would be expected without the fence; this corresponds to the same sort of attenuation as would be expected by relocating the tee approximately 240 feet further away from the home,which is highly effective. Please do not hesitate to contact us if we may be of additional assistance. Sincerely, CA VANA UGH TOCCI ASSOCIATES, INC. K. Anth Hoover kah/pac/00444 S v f EXISTING TEE HOLE_#4 ONCE C----) T. UA ti ti ree EXISTING HOME' a of 4 N/ EDWA ANDS' VOL it16 CON5EI 60,41' YARMOUT1 CONS ER VAT WQEHTra0>QadJalacp4) o0Zw -2Z o3Hs01 z = I 1 Y i t I1IQ I Q- I I . i t i zO I I I 4 I 1 PIf p X 5, 0. L y_ 1 i a 2 2. 2 5 a Uia ! i r Q Q d a j w X = m =U J m 1. V1j i I J w j Si i t N ill i 1 v i f LIOIA i I I i I v Y Li) NI a NEW SMH L//T RIM EL.59.8-4 J SMH EXISTING 1 : If INV. EL,•55.64 I INV. OUT EX.S>H S--Zz t. ELEV-52.34 REBUILT INVERT INV.1N.=52.48 NEW 6. 7J4 PVC SEWER SERVICE S if 7' INV. E =62.60 NEW 0RESTROOM P LAN 1-=50' d 8.00 10.co NI ` o NEW RESTROOM 8 SLAB EL= 65.67' 1 o.co a l N 8.00 FOUNDATION DETAIL NOT TO SCALE Alt:, 6-41mila.4 SF • •I • OUNDATION AS—BUILT PLAN FOR RES7ROOM AT HOLE 10, KINCSWAY }-,,;F,. 3 4' PREPARED FOR 7NE GREEN COMPANY x i DANIEL M- ; RO88 B. SMITHKINGS CIRCUIT 1 f/ SYKES5188 t YARMOU THPOR T, Ali 4 NO. 3bSS0 lc1 . - at _ , ry 8-15-00 SCALE: ilS NOTED s BY PERIMETER LAND SER ACES. INC. s , x40' 7` ,• Aif ..,j d.X7-84C0 S oM1L r.