HomeMy WebLinkAbout5205 Exhibit 09 Open Space CalculationEXHIBIT 9
October 29, 2025
Michael I Kennefick, Esquire
Moriarty Bielan & Malloy LLC
One Adams Place,
859 Willard Street, Suite 440
Quincy, MA 02169
Via Email: kanncfickC&ruL T—n lc.cort;
RE: King's Way Condominium
Open Space Calculation
Dear Michael:
After reviewing the property information and Town Bylaws provided byyour office,
Merrill can offer the following calculation to demonstrate continued compliance
with the Open Space requirement after the sale of the land formerly known as Lot 40
on Land Court Plan No. 34279-D (now a portion of Lot 55 on L.C.P. No. 34279-H):
According to the information contained in the Yarmouth Board of Appeals Decision
#2268 dated March 28,1986, the property known as Kings Way Condominium is
comprised of 194 acres of land. According to the 1975 Yarmouth Zoning Bylaw, the
minimum required open space in Open Space Village Developments is 30%. The
"Green Plans- Tabulation of Lot Areas and Uses" indicates that the Aggregate Open
Space of the Kings Way development equals 99.1 acres, or 51% of the total land area,
at the time of approval in April of 1986.
The Town of Yarmouth has agreed to purchase a portion of Lot 55 on Land Court Plan
No. 34279-H that is currently devoted to the Open Space portion of the
development. The Boundary Plan prepared by Merrill in December of 2024 indicates
this land area contains approximately 134,657 square feet, or 3.09 acres. By
removing 3.09 acres of land from the designated Open Space, the net result would
be as follows:
Total Land Area:
Min. Open Space Requirement:
Current Open Space:
Open Space Purchase:
Remaining Open Space:
Percentage of Proposed Open Space:
194 acres
30% x 194 = 58.2 acres
99.1 acres
-3.09 acres
96.01 acres» 58.2 acres required
96.01/194 = 49.5%>> 30%
This calculation assumes that there have been no changes in the total land area of
Kings Way or to the square footage of the designated Open Space since the
issuance of the Board of Appeals Decision referenced above.
I trust this information adequately illustrates that the Open Space area, after the
Town purchase, will not fall below the required 30%. Please let me know if you have
any questions.
Merrill1���/�
Engineers and Land Surveyors
A5) Cavanaro
Consulting
HANOVER OFFICE
427Colrimit:a Road
Hanover, MA 02339
781-826 9200
NORWRL OFF ZE
687 Ma;n Street
NorWBIr. MA 02061
781-659-8187
PLYMOUTH OFFICE
40 Court Street, Ste 2A
Plymouth. MA 02360
508-746-6060
MARINE ONMION.
26 Union Street
Plymouth, MA 02360
508-746-6060
merrillinC.com
,titerrill Engineers aria Land Surveyors
& Cavanaro Consulting are Ofv15ragS
of the Merrill Corporation.
Sincerely,
Merrill Engineers and Land Surveyors
Deana Boumitri P.L.S. E.I.T
Director of Survey- Plymouth
Cc: File: #24-099
Merrilll��7/\�
Engineers and Land Surveyors
Cavanaro
Consulting
m e r l. 1 nc . c o.-11