3152 Kings Way Application 10.19.94BOARD OF APPEALS
OWNERS: Appeals No.:
Names/Address: Hearing Date: -
Donald K. Kurson and Paid -
Joseph R. Valle, 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,
MA 02159, and Donald K. Kurson et al,
Trustees of the Kings Way Trust,
being an Amendment of the Oak Harbour
Open Space and Facilities Management'
Board Trust as Amended by Trust Amendment
dated May 12, 1987 and Recorded as
Document No. 433670, with an Address of c
46 Glen Avenue, Newton, MA 02159
�D
PETITIONER: �3
Names/Address: -'
Donald K. Kurson and Joseph R. Valle, Trustees
of Kings Way Properties Realty Trust Under
Declaration of Trust Dated March 31, 1993,
Recorded as Document No. 578,921, of 46 Glen
Avenue, Newton, MA 02159, and Donald K. Kurson
et al, Trustees of the Kings Way Trust, being an
Amendment of the Oak Harbour Open Space
and Facilities Management Board Trust as
Amended by Trust Amendment dated May 12,
1987 and Recorded as Document No. 433670,
with an Address of 46 Glen Avenue, Newton,
MA 02159
TELEPHONE: (617)969-0020 "
Building inspector
at:
This application is for the property and structures located
Assessors Map No. 128 Parcel F56 and
Assessors Map No. 120 Parcels R1, E22, E24, E25, R60, R51
R2, R41 and R42
and/or other maps and parcels as may be 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 as shown on Land Court
Plan 34279K (full size as filed) as Lots 10, 14, 41, 42, 43, 44,
49, 51, 55, 57, 59, 60, 61, 63, 64, 65, 66, 67 and as noted on
Barnstable Land Court Registration Certificates C-240 (Kings Way
Condominium), C-279 (Heatherwood at Kings Way Condominium), C-153
(Admiralty Heights Condominium) and further certificates 92243,
112651, 129726A, 132726, 105310, 113865, 117659, 117660 and
containing open space, golf course, recreational facilities, common
facilities and support facilities. The premises are also presently
shown on the following Land Court Plans:
34279-A (Sheets 1-3)
34279-B
34279-C (Sheets 1-4)
34279-D
34279-E
34279-F-1
34279-G (Sheets 1-4)
34279-H (Sheets 1-5)
34279-I
34279-J
34279-K
38776-A
38776-B
35454-B
In compliance with the existing Decisions of the Board of Appeals
as to the project commonly known as Kings Way, the Petitioner
hereby requests the action as hereinafter stated.
This Petition is submitted to the Board of Appeals by the aforesaid
Petitioner as successor developer and as Trustee of the Kings Way
Trust seeking permit compliance approval of its revised golf
course, open space and development plans for future phases pursuant
to its existing special permit and related variances, all as
modified and extended by prior grants of relief by this Board of
Appeals in its Decision of October 16, 1975, upon Petition No. 1321
- Document No. 202276, of Oak Harbor 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 28, 1988 (Petition No. 2511 - Document No. 456783) upon the
Petitions of The Green Company, Inc., a subsequent prior successor
Developer, and as further modified and extended by the Board of
Appeals upon Petition of the current Petitioner by Decision made
April 28, 1994 (Petition No. 3096 - Document No. 616075), all
heretofore and hereinafter collectively referred to as the Extant
Decision.
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In its 1975 Decision (in Petition No. 1321-Document No. 202276) the
Board of Appeals, by granting a special permit for open space
village development and related variances, made all necessary
findings with respect to the proposed project to comprise dwelling
units, a community center complex, a gate house, recreational
facilities and open space and associated maintenance, utility and
service facilities. The Board of Appeals made allocations of
particular lots for purposes of dwelling units, open space, sewage
treatment facilities and various other service facilities, and to
the community center complex of interconnected buildings. It
provided however (at page 6) that: "particular locations of
buildings shown on the plan are not intended to fix absolutely the
eventual siting or arrangement or layout of buildings or
structures;" and also provided (at page 10) that the Board makes:
"no findings or decision as to the particular lots or the order in
which particular lots may be selected and dedicated by the
Petitioner as the required open space under paragraph 4-F of the
By Law," and that "This requirement is one of many on -going
provisions that will be applicable to the project as it progresses
and with which the Developer will have to comply..."
Further, said Decision (at page 13) stated that "Should the F.A.A.
terminate the control facility and forever release its use of that
premises, then Lot 11 (which now no longer exists as a specific
lot) may be used for development ...", but so not as to increase
the overall Number of approved dwellings.
Further, the Board of Appeals in its 1986 Permit Modification
(Petition No. 2268 - Document No. 394798) provided for future
design modifications with Board Approval wherein at the eighth page
of its Decision, the Board stated, "These same plans may hereafter
be supplemented with Board of Appeals approval.", and "... it is
expressly provided that the detailed specifications of phases of
the project as development progresses shall be subject to the
further review of this Board in accordance with the Prior Decision
as hereby modified and supplemented."
Inasmuch as the F.A.A. has removed its control facility and its
lease has expired, the Petitioner now desires to improve the
existing golf course design and redistribute a portion of its
building and open space lots, but so as to maintain and increase
its current amount of open space.
Thus, in compliance with the above referred prior Decisions the
Petitioners seek approval by the Board of Appeals of its revised
plans as submitted showing proposed additional phases of unit
dwelling development and golf course redesign by the relocation of
existing golf holes five and seven.
The revised site plan, in addition to existing dwellings,
recreational and service facilities, golf course and open space,
shows:
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a. A proposed redesigned golf course layout and other open
space which includes total open space having area in excess of the
amount provided in prior decisions and in excess of the
requirements of the applicable zoning by-law.
b. A proposed layout of future area phases of development of
dwelling units, including area which was formerly a portion of the
now dismantled and abandoned F.A.A. control facility.
C. A revised lot layout which involves continuation of lots
and modifications of certain lot lines, but no modification of
Kings Circuit.
The so revised lot layout will be shown on plans to be filed
with the Land Court and Barnstable Registry District. Pursuant to
Land Court procedures, the Plan and Lot numbers will be designated
by the Land Court Engineers, and may differ from those shown on the
plans filed with this application. When Land Court Plan and Lot
numbers have been established, the Petitioner will submit to the
Board of Appeals and file with Barnstable Registry District a
Certification of Lot and Plan Nos. specifying the allocations of
permitted uses of the Lots in accordance with the plans filed with
this application.
Said relief is sought pursuant to the Board of Appeals authority
under its prior Decisions as above set forth and by authority
vested in the Board in M.G.L. Chapter 40A, Section 14, to "... make
orders or decisions, reverse or affirm in whole or in part, or
modify any order or decision..."
The prior Decisions make specific reference to Section 18.07 of the
zoning by-law which was in effect when the original decision was
made, and which remains applicable for purposes of implementation
of the Prior Decision. The Yarmouth Zoning By -Law has subsequently
been recodified and amended, and the Prior Decision established,
pursuant to provisions of M.G.L., Chapter 40A, Section 6, a
protection of the project as pre-existing in any respects in which
it may be deemed to be non -conforming with the current Yarmouth
Zoning By -Law. Thus Approval and Special Permit relief in
compliance with existing permits are sought pursuant to Sections
104.3.2, 103.2.1, 102.2.1 and 102.2 of the Yarmouth Zoning By -Law.
Insofar as it may be interpreted that the relief herein requested
requires Board of Appeals compliance review and approval as to
project revisions effecting existing variances, in compliance with
existing permits said compliance review and approval is hereby
sought pursuant to Section 102.2.2 of the Yarmouth Zoning By -Law.
Further, the Petitioner requests that the Board:
Allow such other relief that the Board of Appeals deems meet and
just.
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And that the Board of appeals waive strict compliance with its
rules and regulations where the Board may deem such appropriate.
Respectfully submitted,
For the Petitioner
E J. S ey, Jr.
rdito, Sweeney, Stusse,
Robertson & Dupuy, P.C.
25 Mid -Tech Drive, Suite C
West Yarmouth, MA 02673
(508) 775-3433
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