HomeMy WebLinkAbout4977 64 Kings Circuit Prior Decision 4282TOWN OF YARMOUTH
BOARD OF APPEALS
DECISION
FILED WITH TOWN CLERK: November 19,2009
PETITION NO:#4282
HEARING DATE:November 12,2009
PETITIONER:Kings Way Trust,et ai,Sharon Donegan Trustee
PROPERTY:64 Kings Circuit,Yarmouthport
Map &Parcel:014JU3-17;Zoning District:R40
Book &Page#:5870/222
MEMBERS PRESENT AND VOTING:Sean Igpe,Chairman,Joseph Sarnosky,Diane
Moudouris,Debra Martin,Bob Palmer.
Notice of the hearing has'been given by sending notice thereof to the Petitioner and all tfiose ownersofpropertyasrequiredbylaw,and to the public by posting notice of the hearing and publishing mThe
Register,the hearing opened and held on the date stated above.
The petitioner seeks to modify the language in the Board's decision in appeal #3555 by adding a
provSon allowing the applicant to promote up to 8.000 t^?V**^^™£"£•Special Permit fom bylaw §2023 N6,which will allow the limited "Public Hay"of foe golfcomeatKingsWay.According to the Board's prior Decision (#3661.January 2001)public play
expired on December 31,2002,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 completed.J"*^penriSdecision permitted public use of the golf course,in order to teep it self-funding;untilcompletion,so that it would not be an economic drain upon the developer or-iwtatt _rf *econdominiumcomplex.The original permit called for up to 750 residential umts to be knit butZy475unitswerebuiltand191unitswerededicatedtoelderlyhousing.However,resident and
non-resident memberships are not sufficient to support the financial operation of the golf course.
Additionally,the Board finds that me golf course was permitted by way of a^Special ^'issuedbytheBoardin1975.Since that time the Use Schedule of the By-Laws (§202 5N6)has beenamendedtoallowapublic'golf course use in the R-40 zoning district by way of aSpecial Permit.
Therefore the Board of Appeals may apply the Special Permit standards set forth in the Section
of 103.2 ofthe bylaw to determine whether the request should be granted.
-Die Petitioner represented that the allowed number of memberships at the golf course have never
been attained and that the golf course is running an annual deficit that cannot be sustained.
1