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HomeMy WebLinkAbout4977 Kings Way Golf Course First Review Letter to ZBASTONE & REID Al-FORNEYS AT LAW A PROFESSIONAL ASSOCIN110N . SOUTH YARMOUTH PROFESSIONAL BUILDING 1292 ROUTE 28 SOUTH YARMOU-n-i, MA 02664-4452 TEL (508) 394-5648 FAX (508) 398-1699 DAVID S. Rill), ESQ. DSReid@Verizon.net Yarmouth Board of Appeals 1146 Route 28 South Yarmouth MA 02664 RE:; King's Way Golf Decision 4977 Dear Members of the Board, MICI [AFL F. STONE, ESQ. M17SIoncEsq@comcast.net February 29, 2024 On October 27, 2022, the ZBA granted to King's Way an amendment to its Special Permit to remove the prior cap on Public Play of the King's Way Golf Course. As a condition for that relief, you required that we submit to an annual review of the operation for each of the first three years of operation under its new scope and contract. The first of such annual reviews is scheduled for your meeting of March 14, 2024. In advance of that hearing, I can report to you the following: 1. The new operations contract was entered in to with Sterling Golf Management, for a three year contract running through the end of 2025. 2. Their first full year of operations (2023) resulted in a total number of "rounds" played of 15,631. This was an increase of approximately 17% over our previously busiest year of 2020. By way of contrast, we understand that the Town of Yarmouth golf courses totaled over 90,000 rounds in the year. 3. Of the "rounds" played in 2023, approximately 55% were for a full 18 holes, while the rest (45%) were for only 9 hole rounds. 4. In 2023, almost 75% of the rounds were played by members of the public, with the rest by King's Way resident members. 5. As you would expect, the majority of the rounds (74%) were played in the months of May through August. Bach Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) At our 2022 hearing, we presented to you traffic statistics for the Route 6A area, complied by the Cape Cod Commission. I was unable to locate any newer traffic counts of the immediate area from the Cape Cod Commission or DOT. Over the prior year, the management of King's Way has received no new complaints involving parking or traffic associated with the golf course operations, and no complaints from residents regarding the golfers while on the course. In preparation for this hearing, I contacted the Yarmouth Police Department to ask about any "traffic issues, noise complaints or other incidents involving golf course operations" at King's Way. Their reply is attached hereto. There were no reports of any traffic or parking incidents involving the golf course. The only incidents that involved the Golf Course itself were an accidental Alarm triggered at the Pro Shop last May and a property issue involving a neighbor's property on Hockanom Road in June. The Special Permit decision recites that the annual review was for the purpose of the Board's assessment of the impact of golf s increased operations on the Site and Neighborhood. We respectfully submit that there is no indication that the site has proven unable to accommodate the additional public play or its associated traffic, nor is there any indication that the operation has caused any adverse effect on the Town or Town Resources. The Trust can report, however, that the improved financial arrangements with Sterling Management have allowed them to finally devote needed funds to previously deferred capital expenses and improvements associated with the golf course, which will help maintain its long term viability, which was a primary goal of the requested relief. We appreciate the Board's decision to permit this flexibility in its operations and look forward to the improved financial success of the course and King's Way. If you have any questions in advance of the hearing, please feel free to contact me at your convenience. Encl (2) r t l, d iDe ' Each Attorney in this office is an independent practitioner who is not responsible for the practice or liabilities of any other attorney in the office. Rule 7.5 (d) Kings Way Rounds Report - 2023 Jan - March April May June July August September Oct Nov Member rounds 18 Holes 36 155 445 257 338 307 219 261 139 Member Rounds 9 holes 4 90 253 251 289 500 201 209 71 18 hole rounds Public 16 154 664 681 1433 1263 722 556 112 9 hole rounds Public 3 132 526 863 1372 693 419 374 73 GolfNow Prepaids 0 24 224 447 434 244 129 83 24 Total 59 555 2112 2499 3866 3007 1690 1483 419 1.5% are junior rounds Dec Totals 2121 1864 5585 4452 1609 0 15631 David S. Reid From: YPDRecords [YPDRecords@yarmouth.ma.us] Sent: Monday, February 5, 2024 7:44 AM To: dsreid@verizon.net Subject: RE: Kings Way, Yarmouth Port Attachments: image002.jpg; image003.png; SKM_450i24020508380.pdf Good Morning, Attached is all the calls that could be found regarding the requested area. They do not include the condominiums. Please let me know if you need anything else. Kelly .&0/ .L'owe £afa(e=.11eearda Yec6z&4aa �rauf/i ✓r'ufice.rVeparlorenl Oae .?rad &uylaon ?oaf ?Ueof oad, "02673 2»7 ***LAW ENFORCEMENT USE ONLY*** The document accompanying this email contains information from the Yarmouth Police Department that maybe CONFIDENTIAL and / or PRIVILEGED. The information is intended to be for the use of the individual or entity named on this email. If you are not the intended recipient, be aware that any misuse of this information is strictly PROHIBITED. From: Giammarco, Nicholas <NGiammarco@yarmouth.ma.us> Sent: Friday, February 2, 202411:49 AM To: YPDRecords <YPDRecords@yarmouth.ma.us> Subject: FW: Kings Way, Yarmouth Port Sec helo request ar.• , '�Ro,. onwcP. n4iammarco n yarmo All.ma.us ,fit}- `f',,_ From: David S. Reid <dsreid@verizon.net> Sent: Friday, February 2, 202410:04 AM To: Police Info <Qoliceinfo@varmouth.ma.us> Subject: Kings Way, Yarmouth Port Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. Good Morning, I represent the Kings Way development. We will be appearing before the Yarmouth Board of Appeals in the near future, on a review of its golf course operations. We would like to report to them on any incidents that have occurred in the past year pertaining to traffic issues, noise complaints, or any other incidents involving the golf course operations. Would you please advise me of any such incidents that have occurred, and if there are any, how they were resolved ? Thank you. David S. Reid, Esq. 1292 Rte. 28 South Yarmouth, MA 02664-4452 508-394-5648 FAX 508-398-1699 2 Yarmouth Police Department Page: 1 Call Number Printed: 62/05/2024 For Date: 02/15/2023 - Wednesday Call Number Time Call Reason Action Priority 23-4024 1923 Phone - Suspicious Motor Vehicle Investigated 2 Call Taker: 7915 - Dispatcher Beth Berrigan Call Source: Telephone Location/Address: [YAR 28811 KINGS WAY 0 TENNIS COURTS - 81 KINGIS CIRCUIT Party Entered By: 02/15/2023 1927 7915 - Dispatcher Beth Berrigan Calling Party: FLORES, BRIANA L Q 114 KATES PATH - YARMOUTH PORT, MA 02675-1452-310-310-1153 SSN: da-49E� DOB: Race: W Sex: F ID: 7739 - Patrol Ofc. Jesse Mabe Disp-19:26:47 Clyd-19:32:29 Cleared By: 7204 - Dispatcher a; ID: 4725 - Patrol Ofc. Paul M Mellett Disp-19:27:09 Clyd-19:32:36 Cleared By: 7204 - Dispatcher 9aSVF:z — „ ID: 7411 - Patrol Ofc. Jefferson T Willis Disp-20:22:06 Arvd-20:24:00 Clyd-20:28:59 Arrived By: 7204 - Dispatcherr y.R Cleared By: 7204 - Dispatcher Vehicle Entered By: 02/15/2023 2024 7204 - Dispatcherw-,�;a Vehicle; WHI 2006 CHEV E%PRES Reg: MA V39645 VIN: 1GCGG25V961200131 Owner: ELITE BROTHERS CONSTRUCTION INC O 720 PITCHERS WAY Apt. #52F - HYANNIS, MA 02601-6711 Race: U Sex: U Narrative: 02/15/2023 1925 Dispatcher Beth Berrigan rp states a white van is parked at the tennis courts and it is unusual for somneone to be parked there at this hour. RP is unsure if anyone is in the vehicle Narrative: 02/15/2023 2029 Dispatcher Kelly Repole unocc Yarmouth Police Department Page: 3 Call Number Printed: 02/05/2024 For Date: 05/01/2023 - Monday Call Number Time Call Reason Action Priority 23-10632 0606 Phone - Alarm, Burglar Investigated 3 Call Taker: 6035 - Dispatcher cry ............ . -`--'-�•M Call Source: Telephone Location/Address: (YAR 26881 KINGS WAY PRO SHOP - 81 KING'S CIRCUIT Party Entered By: 05/01/2023 OGD7 6035 - Dispatcher Paul M Leidenfrost Calling Party: CENTRA OP# JOEL 800-639-2066 ID: 7599 - Patrol O€c. Alexander Cutts Disp-06:11:59 Arvd-06:23:08 Clyd-06:27:46 ID: 7723 - Patrol Ofc. Kyle A DiPirro Disp-06:11:59 Arvd-06:20:43 Clyd-06:27:46 Vehicle Entered By: 05/01/2023 0623 6035 - Dispatcher ft*-� vehicle: RED 2016 CHEV SILVER Reg: PC MA IC75CE VIN: 3GCUKSEC6GG22697B Owner: TANNOZZINI, ROBER'T JOSEPH SR 0 17 SATURN LN - SOUTH YARMOUTH, MA 02664-4336 Race: U sex: M Narrative: 05/01/2023 0607 Dispatcher Paul M Leidenfrost pro shop garage Narrative: 05/01/2023 0623 Dispatcher Paul M Leidenfrost Arriving Officer off with an employee; accidential - another employee is enroute to provide the proper Alarm security passcode. Officers clearing. - Centra alarm phones back to cancel after Officers cleared. .4 Yarmouth Police Department Call Number Printed: 02/05/2024 Page: 1 For Date: 06/23/2023 - Friday Call Humber Time Call Reason 23-16091 0819 Call Taker: Call Source: Location/Address: Party Entered By: Involved Party: Party Entered By: Calling Party: ID: Narrative: Action Priority Phone - Malicious Destruction Ongoing Attention 2 8012 - Dispatcher -y Telephone [YAR 28811 ICINGS WAY CLUBHOUSE - 81 KING'S CIRCUIT 06/23/2023 0829 8012 - Dispatcher SULLIVAN, PATRICK R @ 38 HOCKANOM RD - YARMOUTHPORT, MA 02675 508-776-1141 Race: W Sex: M 06/23/2023 0830 8012 - Dispatcher STRAN, JOSHUA @ ***UNKNOWN*** - YARMOUTH, MA 02673 774-722-5947 7692 - Patrol Ofc. Austin Buttrick Disp-09:16:36 Arvd-09:40:28 Clyd-10:01:07 06/23/2023 0821 Dispatcher rp will be at village green. says they have had several instances with a specific individual digging on there property and trying to flood the golf course. they have video Yarmouth Police Department Page: 1 Call Number Printed: 02/05/2024 For Date: 06/25/2023 - Sunday call Number Time Call Reason Action Priority 23-16331 1736 Initiated - Message Delivery Notification Made3 Call Taker: 7328 - Dispatcher , Call Source: Initiated Location/Address: (YAR 4031 IL MONTEBELLO RESTAURANT - 81 KINGS CIRCUIT Initiated By: 3282 - Lieutenant Michael A Bryant ID: 3282 - Lieutenant Michael A Bryant Arvd-17:36:00 Clyd-17:37:31 Narrative: 06/25/2023 1737 Dispatcher Jaime Sundby alcohol compliance notification .. - • Yarmouth Police Department Call Number Printed: 02/05/2024 Page: 1 For Date: 01/07/2024 Call Number Time 24-568 1113 Call Taker: Call Source: Location/Address: Initiated By: ID: - Sunday Call Reason Action Priority Initiated - Area Check Routine Police Service 8065 - Patrol Ofc. Joshua C Barber Initiated tYAR 28811 KINGS WAX CLUBHOUSE - 81 KING'S CIRCUIT 8065 - Patrol Ofc. Joshua C Barber 8065 - Patrol Ofc. Joshua C Barber Arvd-11:14:41 C1rd-11:14:45 3 Yarmouth Police Department Page: 1 Call Number Printed: 02/05/2024 For Date: 01/19/2024 - Friday Call Number Time Call Reason Action Priority 24-1581 1341 Initiated - Area Check Routine Police Service 3 Call Taker: 8065 - Patrol Ofc. Joshua C Barber Call Source: initiated Location/Address: [YAR 28813 KINGS WAY CLUBHOUSE - 81 KING'S CIRCUIT Initiated By: 8065 - Patrol Ofc. Joshua C Barber ID: 8065 - Patrol Ofc. Joshua C Barber Arvd-13:41:59 Clyd-13:42:51 Yarmouth Police Department Page: 1 Call Number Printed: 02/05/2024 For Date: 06/19/2023 - Monday Call Number Time call Reanon Action Priority 23-15678 1059 Phone - Officer Follow Up Investigated 3 Call Taker: 4727 - Dispatcher Maria Curtis Call Source: Telephone Location/Address: [YAR 157] KINGS WAY GOLF MAINTENANCE - ADMIRAL'CY HTS Ant. #50 ID: 7599 - Patrol Ofc. Alexander Cutts Disp-10:59:41 Arvd-11:08:09 Clyd-11:31:16 Arrived By: 7915 - Dispatcher Beth Berrigan Cleared By: 7915 - Dispatcher Beth Berrigan