HomeMy WebLinkAboutKings Way Driveway Not Prohibited 05.12.94ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C.
ATTORNEYS AT LAW
MATTACHEESE PROFESSIONAL BUILDING
25 MID -TECH DRIVE, SUITE C
WEST YARMOUTH, MASSACHUSETTS 02673
EDWARD J. SWEENEY, JR. TELEPHONE (508) 775-3433
MICHAEL B. STUSSE FAX (508) 790-4778
DONNA M.ROBERTSON
MATTHEW J. DUPUY
May 12, 1994
PLEASE REFER TO FILE
NUMBER C-OHI I I. 2 7
Mr. Leslie Campbell, Chairman
Yarmouth Board of Appeals
Yarmouth Town Offices
Route 28
South Yarmouth, Massachusetts 02664
Re: Kings Way Development - Permit Compliance
Access to Open Space Area
Dear Mr. Campbell:
GARY V. NICHOLS
RICHARD A. DALTON
CHARLES M. SABATT
CHARLES J. AADITO, P.C.
The Developers of Kings Way have submitted to this Board
revised Phase III plans for permit compliance review. Said plans
have been reviewed and approved by the Site Plan Review Team.
However, Site Plan Review has requested that I indicate to this
Board my opinion as to whether the portion of the driveway shown on
the northwesterly portion of the site plan is in compliance with
existing permits.
The Development is approved as an open space village
development pursuant to Section 18.07 of the 1975 Yarmouth Zoning
By -Law.
The subject portion of the driveway shown on the revised Phase
III plan is designed to provide adequate alternative emergency
access to the site for fire and service equipment pursuant to By-
law Section 18.07 D.(3) which states:
"D. Multi -family Dwellings. Multi -family dwellings shall be
allowed only if the Board of Appeals determines that all
of the following will be complied with: ...
(3) There will be safe access evidenced by adequate
service from a major arterial street_;Route 6,
Mr Leslie E. Campbell
May 12, 1994
Page 2
Route 6A, Route 28, Buck island Road, Camp Street,
Forest Road, Great Western Road, Higgins Crowell
Road, Highbank Road, Main Street, Mayfair Road,
North Dennis Road, North Main Street, Old Town
House Road, Seaview Avenue, South Sea Avenue, South
Shore Drive, South Street, Station Avenue, Union
Street, West Yarmouth Road, Whites Path and Winslow
Grey Road, without use of minor streets extensively
developed for single-family homes, and adequate
access to the site for fire and service a ui ment. ""
While access to the site for fire and service equipment is
available directly from Route 6A and Kings Circuit, which has been
found adequate by this Board, no other major access to the
Development is allowed over minor streets. Given the far
northwesterly location within the development of this Phase III,
the Fire Department and the Developer feel it prudent to provide
alternate emergency access over a small portion of the open space
via the proposed driveway to Hockanom Road.
The said By-law open space requirement is set forth as
follows:
"4F. Open Space. All land not designated for roads,
dwellings, or other development within the Open Space
Village Development shall be held for common use of the
residents of the Development. Common open space shall be
preserved for recreation or conservation; and shall
comprise not less than 30 percent of the "Applicable Land
Area" within the Development Plan. Ownership of common
open space areas shall be arranged and maintenance
permanently assured through an incorporated homeowner's
association, condominium deeds, or other recorded land
agreement through which each 1st owner in the development
is automatically a member and each lot is subject to a
charge for a share of the maintenance expenses, or
through comparable arrangement satisfactory to the Board
of Appeals. Preservation shall be guaranteed through
dedication, by covenant or comparable legal instrument,
to the community use and enjoyment of residents of the
development tract, for recreational purposes servicing
those residents and their non-paying guests only, or for
conservation. In addition, the town shall be granted an
easement over such land sufficient to ensure its
perpetual maintenance as conservation or recreation land.
Building coverage shall not exceed 65 percent in such
conservation or recreation areas."
Mr. Leslie E. Campbell
May 12, 1994
Page 3
The said By-law defines "applicable land area" as follows:
"4A. (2) 'Applicable Land Area, shall be determined by a
registered land surveyor, and equals the total area
encompassed by the Overall Development Plan minus
land designated on the plan for uses not primarily
servicing residents of the development. Not more
than 10 percent of the Applicable Land Area shall
be land subject to either inland or coastal wetland
regulations (Sec. 40 and 40A, Ch. 131 G.L.) or land
otherwise prohibited from development by local
bylaw or regulation."
Open space areas have been dedicated and calculations
provided. It should be noted that 119.16 acres, which is well in
excess of the thirty (30%) percent requirement, have been dedicated
to open space.
Open space may be used for recreation areas, paths, walkways,
etc., which require access. Thus, construction within open space
areas is not wholly prohibited. The development includes only one
road (Kings Circuit). Additionally, there are driveways and
cartpaths which wind their way through the development for many
types of access such as to dwellings, common open space, recreation
and maintenance areas. These driveways and cartpaths may be
located within both dwelling and common open space areas.
Given all of the above, it is my opinion that the portion of
the driveway shown on the Phase III revised plan which is designed
to integrate emergency fire and service access with dwelling access
is not prohibited by either the By-law or the existing development
permits.
Very truly yours, _
Edward J. Sweeney, Jr.
EJS:lcs
The Green Company, Inc.
70 East Falmouth Highwzy
East Falmouth,
Massachusetts 02536
{5081 548-8823
FAX 508-340.8339
August 10, - 989
Edward J. Sweeney, Jr.
Ardito, Sweeney, Stusse and Robertson
Mid -Tech Drive
W. Yarmouth, MA 02673
Dear Mr. Sweeney:
EXHIBIT
� 1
In accordance with your request, I have enclosed the following calculations
necessary. as required by the special permit for the building lot releases.
Dedicated Open Saace Lots
Lot #
55
49
57
67
66
59
44
10
59
61
42
Lot #
51
41
Portion of 64
Lot #
43
14
63
Building Lots
Total
Total
Miscellaneous Buildin j Lors
Total
A rea
26.14 Acres
3.47 Acres
5.93 Acres
4.66 Acres
0.06 Acres
28.75 Acres
2.40 Acres
10.12 Acres
28.75 Acres
5. i 9 Acres
3.89 Acres
119.36 Acres
Area
10.90 Acres
2-38 Acres
36.00 Acres t
49.28 Acres ±
A rea
2-45 Acres STP & Maint. Bldg
8.34 Acres Clubhouse
2.60 Acres Comm_ Bldg. & P-n'
Bldg.
62.6.7 Acres
°'o of 62.67 Acres t = I8-$0 Acres; 18.80 Acres is less than 119.36 Acres.
Based upon these calculations, we do not need any additional dedicated open
space lots.
Very truly yours,
Norman Grossman, P:E., R.P.L.S.
Vice President
Planning and Engineering
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