HomeMy WebLinkAbout2371M ANR Planner Report 051526 with Attach
T O W N O F Y A R M O U T H
1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext. 1276, Fax (508) 398-2365
MEMORANDUM
To: Planning Board
From: Kathy Williams, Town Planner
Date: May 15, 2026
Subject: Planner Report for ANR Plan #2371M
Kings Way off Nottingham Drive (north side)
Assessor Map 142, Parcel 17
Please find attached Application Form A and ANR Plan #2371M submitted by the Trustees of
the Kings Way Condominium Trust for a portion of their property located off Nottingham
Drive, Yarmouth Port, MA, Assessor Map 142.17. As you may recall, the Kings Way
Condominium Trust came before the Planning Board on January 21, 2026 to approve ANR
Plan #2371M to carve off a 3.14-acre lot of land north of Nottingham Drive to sell to the Town
of Yarmouth as open space. As outlined in the attached May 14, 2026 Memo from Attorney
Michael Kennefick, the previously approved ANR Plan 2371L did not fully meet the
requirements of the Land Court and the attached slightly modified ANR Plan needs to be
endorsed by the Planning Board. One other difference between the plans is the lack of
reference to the Special Permit 5205 Book and Page number included on the original ANR
plan. As this particular property is being sold to the Town it is less critical that this information
be on the ANR plan and it is important to complete the sale prior to June 1st due to grant
requirements.
The submission was complete and included the required fee, Form A, ANR Plan, and the
appropriate number of copies. The ANR Plan is entitled, “Plan of Land, Assessors Parcel
142-17, Nottingham Drive & Hockanom Road, Yarmouth, Massachusetts”. The Plan was
prepared by Robert E. Gugliotta, PLS, Merrill Engineers and Land Surveyors, and is dated
and stamped May 8, 2026.
This application was received on May 15, 2026, and a decision is required by June 4, 2026 to
remain within the 21-day statutory requirements. This project has been placed on the
Planning Board Meeting Agenda for May 20, 2026.
Planner Suggestion: Recommend the Planning Board make a motion to endorse ANR Plan
#2371M prepared by Merrill Engineers and Land Surveyors, and dated and stamped May 8,
2026.
Attachments:
• May 14, 2026 Memo from Attorney Michael Kennefick, Moriarty Bielan & Gamache, LLC
• Form A
• 2371M ANR Plan
Planning
Division
TO: Planning Board
FROM: Michael J. Kennefick
Moriarty Bielan & Gamache, LLC
RE: Narrative explaining the request and reasons for endorsement of Revised Plan
DATE: May 14, 2026
______________________________________________________________________________
Below is a summary of the request and reasons for endorsement of the plan submitted
herewith, entitled “Plan of Land, Assessors Parcel 142-17, Nottingham Drive & Hockanom Road,
Yarmouth, Massachusetts,” prepared by Merrill Engineers and Land Surveyors for Kings Way
Trust, c/o Moriarty Bielan and Gamache, LLC, One Adams Place, 859 Willard Street, Suite 440,
Quincy, MA 02169, and dated May 8, 2026 (the “Revised Plan”).
The subject lot is located off of Nottingham Drive and shown as a portion of Lot 55 on
Land Court Plan 34279. It consists of 3.14 acres, more or less, and is part of Parcel 17 on the
Town of Yarmouth Assessor's Map 142. The Lot is located in the R-40 Zoning District and is part
of a larger 194-acre property that has been developed in accordance with a Special Permit and
certain Variances issued in 1975.
The subject lot is owned by George Delaney, Sandy Ulrich, Steven Day, Thomas Holland,
John Rogol, Peter Marinelli, David Young, Norman Michaud and Gary Buckler, Trustees of the
Kings Way Condominium Trust, u/d/t dated May 12, 1987, filed with the Registry District as
Document No. 433670, as affected by Amendment No. 2, dated September 25, 2001, filed with
said Registry District as Document No. 847992, as further affected by Amendment No. 3, dated
November 25, 2008, filed with said Registry District as Document No. 1105817, as further affected
by Amendment, dated May 18, 2023, filed with said Registry District as Document No. 1481780,
as amended, by virtue of a deed from Anthony D. Green, Joseph R. Valle and Donald K. Kurson,
as Trustees of the Kings Way Condominium Trust, dated March 18, 1988, filed with said Registry
District as Document No. 454932, creating Certificate of Title No. 136382.
As the Board is aware, the Kings Way Trust has entered into a Purchase & Sale Agreement
to sell the land to the Town of Yarmouth for use as open space, which required, among other things,
ANR endorsement from this Board, as well as the filing of a subdivision plan with the Land Court.
To meet closing deadlines, the Trust elected to seek endorsement from this Board (received in
January 2026) while simultaneously filing its subdivision plan with the Land Court.
The Land Court completed its review and has approved the Plan; however, it required that
some minor modifications be made to the Plan for its recording. The modifications do not involve
any change to the size or shape of the lot but, instead, included: (1) slight change to the wording
of Note 3, adding the words "a part of" after the word “from”; (2) addition of all dates as also
shown on the Mylar regarding the 2006 Land Court Survey Certification to the Survey Notes; (3)
per Section 3.2.5 from the 2006 Land Court Manual of Instructions, monuments shown
perpendicular to the lot lines.
Once the Revised Plan is endorsed by this Board, it will be delivered to the Land Court for
recording.
We look forward to meeting with the Board again on May 20, 2026. Please let us know if
you need anything further from us prior to the meeting.