Okay, I guess we're ready to go. >> Recording in progress. >> All right. Good evening everyone. Welcome to the regularly the March 12th, 2026 regularly scheduled meeting of the Yarmama Zoning Board of Appeals. My name is Sean Iiggo.
I'm the chairman of this board. We'll begin tonight's hearing by establishing a quorum. Mr. Martin, >> I am here. >> Mr. Nez, >> I am here too. >> Mr. Manon, >> here. >> Mr. Schwastiac >> present.
>> Okay. And I'm here as well. Having established a quorum, we will now begin the meeting. We have two matters on our agenda tonight. The first one is special permit number 4977. Would you like to come up? Uh Kingsway
Trust 64 Kings Circuit, Yarmathport, Massachusetts. It's in an R4 zoning district. This is a third-year review per condition number two of special permit number 4977 dated November 4th, 2022 allowing
unlimited public play on the Kingsway Golf Course. >> Good evening. >> Evening, Mr. Chairman. Members, >> would you uh identify yourself for the record, please? >> Yes, sir. I'm attorney David Reid from here in South Yarmouth and representing Kingsway Trust this evening. >> Okay. Would you like to tell us uh about
the review and what's going on? Certainly. Thank you. As you indicated, in 2022, we came before you for a modification of our special permit for the Kingsway development, asking to remove the then restriction of 8,000 rounds per year of public play at the
private golf course, which is part of Kingsway. uh you granted that modification with some conditions. One of which was that we come back to you each of the next three years after the new management contract went into effect so that you could see if there was any adverse impacts either on the site, on
the neighborhood or on the town in general. This is, as you've indicated, our third review. You should have a letter from me of February 26th >> uh just introducing this matter to you. Again, we um uh again, Sterling Golf Management
is the company that came on shortly after your 22 decision and as a result of it, I can say uh they've not only done well for the three years since then, but we've actually extended their contract for an additional five years just recently. So, they're quite pleased with their services. Uh we have this
year a total of 14,421 rounds of golf played. It's actually down 10% from last year. Uh the public play constitutes approximately 77% of our golf operation at this time. Just
by way of contrast, you've also received some information from the Yarmouth Golf Commissioners uh indicating that their play is actually up by 10% from last year for a total of 97,000 rounds last year. So our play is relatively
insignificant compared to the town's total course play. Although the c the town obviously has two and a half courses, not just the one 18hole course like we have. But there does not appear to have been any impact from our uh advertising and availability for public
play uh adversely affecting the town courses. Uh before tonight's meeting, as I have done in the past, I checked with the Armouth Police Department to see if they have either any complaints, any accidents, any calls for service, or any concerns about traffic or parking.
They've indicated to me, and I included the email back to you, that they've received none this year since the last time we asked. Uh the golf man the management uh company Barcan Management who operates the Kingsway property has indicated that they've received no complaints from any neighbors or
residents uh within the last year about the change in play in the golf course operations. So it seems like we've gotten things under control in terms of some of the former concerns from neighbors uh and some of the residents as you may recall in 2022 were actually
not in favor of our allowing unlimited public play. uh but they seem to have been satisfied that that's a good thing in the long run and not detrimental to their enjoyment of their facilities at the Kingsway. So I think we can we can suggest to you unless you know otherwise
uh that there has been no adverse impact from the change in operation to allow public play um either on the site itself, on the neighborhood or on the town which are the three criteria that you included as a condition in your 2022 decision. And unless you have any
questions or unless you've received any information to the contrary, we would ask you to favorably determine that that we've satisfied the review requirements uh and that we can now go on and proceed with this business without having to bother you again unless there's any change of circumstances that comes to
our or your attention. >> Okay. >> Thank you very much. >> U Mr. Martin, do you have any questions for uh Attorney Reed? >> No. Mr. Reed has a very good presentation that explains anything that
I might have had a question about and uh looks like a no-brainer to me. >> Okay, >> Mr. Ne, >> was there any correspondence from any neighbors or any other individuals? >> No, Mr. Neats. >> Good.
It it seems like um the fact that the town is up 10% might have helped a little bit too because it kind of spread out the the maybe overcrowding at the town courses in some people's minds maybe. I don't know. I don't know that for a fact. But I I heard that um the
courses and the town courses were very busy this year. >> Yes. >> And or this past year. and that maybe Kings Way gave a little buffer to that increase so that they were able to get a tea time at Bass River whereas they might not have been able to if if they
didn't have another option to go to >> it. It is one more option in town. That's certainly true. Yeah. >> Yeah. And I think that, you know, the golf in general, and I'm not a golfer, but in golf in general, I think is a is a is a big benefit to the town for filling
motel and restaurants and and I think that's where, you know, the town benefits from that from rooms taxes and and uh I think the businesses benefit from the attraction of having the golf aside from Pirates Cove and Skull,
>> what is it? Skull. What? >> Skull Island. >> Skull Island. >> Skull Island. Yeah. sports world. >> But that's all I have, Mr. Chairman. Thank you. >> Thank you, >> John. No questions. >> Rich, questions. >> Um, to clarify, uh, what specifically
does unlimited play mean operationally? Is that hours, events, outside users? >> The original concept at Kingsway when it was first permitted back in the early 70s was that it would be a golf community. the people who would come in and buy a condominium would be there to
play golf and they would have unlimited play based upon their ownership of a condominium. Over the years that's gradually changed the the uh uh makeup of the community uh perhaps the aging of the original owners. Uh it's now a fact
of life that most people who buy there are not there for the golf course. They're there for the residents and the golf course had in fact become a burden on the condominium which is why we felt the need to come before you and gradually increase the amount of play by non-residents that we were allowed to
have in order to keep it economically viable. >> Perfect. Thank you very much. >> Yes. >> I don't have any I don't have any questions. Um the only comment I would
make uh I'll tell you what. Let me go. Is there anyone in the audience that wishes to speak in favor of this petition? If so, please come to the microphone. Seeing none, if there's anyone in the audience that wishes to speak in opposition to this review hearing, please come to the
microphone. Seeing none. Okay. And we have no one online with their hands raised. Dolores? >> No, Mr. Chairman. >> Okay. Um, is there anything else that you'd like to add? >> No. Thank you. Thanks very much. Uh my own feeling is I I think the petitioner
has uh complied with the requirements. They've been very good about coming back each and every year. Um they've demonstrated that there's no adverse impact of the unlimited play at King's Way. I think
that's evident. They've presented us with evidence. They've done their due diligence as far as checking with the police department. Um, I'm sure that they're if the neighbors were concerned about it, they would have voiced their concerns. We have had people in the past
that have come in and had some concerns. I I can only presume that that they've been addressed. They've been worked out. Um, so I think everything's good. Um,
do we need a motion to uh Why don't we Is anybody prepared to make a motion that they find that the petitioner has met the three-year uh review requirements under condition two of the uh decision of uh October 27th,
2022? >> So moved. Me >> second. >> Excuse me. That's November 4th, 2022. >> Is it okay? So, is is there a motion to my suggestion? >> Yeah. >> Dick made a motion to that. You seconded that.
>> Is there any further discussion on the uh motion? Hearing none, we're going to take a roll call. Rich >> I >> I Yes. John >> I. >> Dick. >> Hi, >> Dick. >> I And I'm that uh passes. Five in favor.
None opposed. Um before you go, Mr. read. Uh it's our understanding that you uh are considering retirement. We don't think that's a good idea, but that's going to be your call, not ours. But I do want to recognize you for your many years of
service on this board. I think there are a few of us here that have served with you in the past. Uh you brought you've brought a great amount of knowledge to this board. You've been great on that side of the table as well. you conduct yourself in a professional manner and we
are sad to see that you're considering retiring, but we certainly wish you the best in the future and we hope to see you from time to time. >> Very much, Mr. Chairman. I I can note with a a little bit of irony that when I first joined the board in 85,
I think it was, uh, almost every month, we had a hearing on Kingsway because the initial approval of their permit required them to come back with every single phase and give us a a status report and we had to sign off on phases. Uh, and I had to catch up on what that
was all about having been the approval was actually done before I got here. But almost every month we had attorney Sweeney coming before the board with a review of another phase and that went on for years. And now with a little bit of irony, my last appearance before you to sign off on a change in that original
primary at Kingsway. So, um, it's been a pleasure. >> I think Johnny Carson did that with the Tonight Show, too. >> Well, thank you very, very much. But not every sing. >> Thank you, David. >> Thank you. >> You guys,
>> good luck. >> Maybe Mr. Maybe Mr. Reid can play a little more golf, too, when he's done. >> Thank you. All right. Uh the next matter is petition 5219 RJ Resorts Green Harbor Village Resort
Owner LLC. The property location is 135 Route 28 West Jarmath Mass. It's in a B2 zoning district. The applicant seeks to reverse the decision of the building commissioner andor be granted a variance
from section 303.4.2 two for the location of an off- premise sign. Uh the applicant requests a waiver from the requirement for a certified site/plot plan less than two years old. Good evening, sir.
>> Good evening. Roughlin Jack Resorts. >> Oh, okay. All right. So, you're Mr. Olaflin. All right. So, tell us what's going on here, Mr. Olaflin. I think I understand what's going on here, but uh give us a little background here. >> Sure. Um we have a relationship with the
um uh sister property of the dold tidewater the uncommoner um since 1980 to have a green harbor sign on their land and um we haven't updated it since the early 80s and we have rebranded our
logos and we're looking to update the inlay of the sign so the sign dimensions colors nothing will change it will just be updating the inlay which is green Harbor's new logo. >> Okay.
Um I don't have any correspondence from the building commissioner. Do we have any written findings on him? Because reverse the decision he wouldn't obviously give you a sign permit. Is that what it was? >> Correct. >> That's the 83 decision.
>> Yeah, I've got that. But I'm just generally when we reverse the decision there's something in writing from the building commissioner that but if if he went in for a signed permit he said I can't give you one because you don't meet the criteria of the bylaw. So >> I guess
>> I believe you do have the a print out of the signed permit and that it's been stopped. >> Oh okay. >> Is the sign up right now? >> It is not >> one that's shown in the picture. >> Right. Okay. I'm very familiar with the
corner of Baxter AB and I know you're down the end. You've been there for many, many years. Prior to your ownership, the Davenport's had it for many years. Sure. Okay. >> Is that kind of knocked down from the storm? >> No. Some was >> uh Does anyone have any questions for
the petitioner? Rich, do you have any questions? >> Just take a quick look here at 30342. After a driveby on the sign, um I noticed that there is a lighting fixture to the top of the sign. Um is light is that
currently working? Is lighting planned to come back onto it? Uh what's this? >> Sure. That's currently working. We're a seasonal resort, so it does go off in November, comes back on in April. >> Um and um are part of the agreement with the
>> uncometer business. Perfect. Thank you. Okay, John. >> I don't have any questions, John. Thank you. >> Okay, Dick. >> Is Is that the actual color or is it >> That would be the actual color. >> Or is it Or is it greener?
>> I'm going to say sh Yeah. Shade lighter. Oh, I would say it's aqua. I'm not a color guy, but >> Yeah. Okay. I just It was And this is as it will be, and you won't have the vacancy sign anymore in it. So, it'll be a stationary, permanent sign that won't be changing from day to day.
>> Correct. >> Um, I think it's it's a greatl looking sign. Um, and and and I think that I think for the benefit of of the audience, I mean, this is a sign that's been in place for 40 years or more,
>> right? and uh with the permission of the town. And just because you're changing it from one sign to another sign doesn't change the in my opinion the the permit to have the sign. Um I I think it's a
valuable attribute for the property to have obviously to get people in that may be looking for a place to stay, but I think it's valuable for the town too. And I think that people sometimes forget about the uh the real estate taxes that
waterfront properties pay to the town on an annual basis. But in this instance, the town is also benefiting from the rooms taxes that you charge the occupants for staying with you. So I think it's a win-win and I think it's an attractive sign that um fits in probably
better than the one that's there. >> So I'm all in favor. >> Okay, >> Mr. Martin, any questions or comments? >> Yeah, I would agree with uh with Dick. I think the new sign is more attractive. It's less, you know, wordy, so to speak.
Um, too many the more words on a sign, the more likely somebody's to run off the road looking at it, >> right? >> Um, so I think that's an improvement as well. Same size, location of it is is the same. So much as I don't like to uh
uh reverse the decision of the building commissioner, I think that this is a a a logical case where that makes uh makes sense. >> And you're not looking for any internal uh illumination at all. This is same the spotlights that are seen.
>> Same spotlights. >> Okay. >> You know, it's it's a very very attractive >> that's both sides, right? >> Correct. very very attractive sign. I I think um instead of us determining and reversing the decision of the building
inspector, what I think we should probably consider is granting a variance. >> Okay. >> Um because but for him just saying that he doesn't meet the definition of the sign code, there's really not much for us to
reverse because that's that's quite frankly a fact is what it is. So >> So I think in terms of the variance, I do think that they meet the criteria. I think it would be a a very very big hardship to take away their sign.
>> Mhm. >> That's been there and it's really the only way to find that property is by way of that sign there. >> Yep. >> Uh and it's been there for many many years. It's really if >> uh I situation.
>> Yep. It's very unique. I certainly don't think we'd be deraggating from the purpose and intent of the bylaw >> or the neighborhood >> or the neighborhood. Um so I think uh to grant the petitioner a variance would be a proper form of relief.
Anyone else here to comment on that? >> Agreed. >> Anyone else? >> No. Is there anyone uh I don't think we have anybody in our audience. Do we have anybody with a hand raised? >> Uh no, Mr. Chairman. Do do we have any correspondence we didn't?
>> Uh, we did not. >> Okay. All right. Is there anything else, Mr. Olaflin, you'd like to add? >> No, it's been an educational experience and I appreciate all the help. >> Oh, Dolores is great. >> Great. >> You should see what she does for us. Okay. I know. She's uh
>> come in for a Christmas cookie. >> Oh, yeah. I'm telling. Top seed. Yeah. Um Okay. Well, um again, I do think they meet the criteria. Is anybody prepared to make a motion? >> I would move to grant as as um you
suggested as a variance. >> Okay. >> To a kind of a pre-existing condition. >> Okay. All right. Um anybody prepared to second the motion? >> I'll second it. >> Any further discussion? >> Hearing none. We're going to take a roll
call. Mr. Martin. >> Historic. Yes. >> Yes. Uh I Mr. Nei. Mr. Man Tony Ito hold on >> 76 you got this >> I
>> and I'm an I as well so that passes five in favor none against um once the uh decision is written and filed with the town clerk 20 days must elapse after that 20-day period goes by Dolores will
contact you come pick up a copy of your variance take it over to the registry of deeds and record it and please bring a copy back for our file. >> Do you have any questions? >> I don't. Thank you very much. >> All right. Wish you the best of luck and a good season coming up. >> Thank you very much.
>> All right. Take care. Now >> kind of curious as to why you chose a blue sign for Green Harbor >> because we have too many colors in the red jacket portfolio. Blue, blue water, red jacket. Okay. Okay. >> The rainbow. Thank you very much.
>> All right. take care. >> Uh, we have minutes. >> Mr. >> Uh, do we have a motion to approve the minutes of February 12th? >> Have a second. >> Second. >> All those in favor signify by saying I. >> I. Any opposed? Hearing none.
>> I'll abstain. >> Four in favor. One abstension. Uh, moving on to the minutes of February 26th, 2026. Do we have a motion to approve those minutes? >> So moved. Have a second.
>> Second. >> Uh any discussion? Hearing none. All those in favor, please signify by saying I. I. >> Pat. >> Okay. That'll be four in favor, one abstension. Um any other business? Dolores?
>> No. Mr. Chairman, >> do we have a motion to adjurnn? >> Absolutely. Motion to >> No. Nobody seconding that. Are we >> I'll second it. >> Oh, I second. Okay. All those in favor, please signify by saying I. I. I. We
stand adjourned. Thank you everyone.