recording in progress you're all set okay good evening welcome to the regularly scheduled meeting of the yamama zoning board of appeals today's date is March 13 2025 my name is Shan aigo we have two
matters on our agenda tonight the first matter is petition 4077 Kings Way trust 64 King circuit yarmouthport Mass it's in an R40 zoning district and
it is here for the second rear 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 of the board I'm attorney David Reed representing the Kings Way trust as you've indicated uh this is our second annual review uh following a 2022 decision in which you permitted unlimited public play at the private
golf course at the Kingsway facility for any members who were not involved in the past with this project and I guess for the public uh you will recall that the Kingsway development was an Open Space Village Development residential development just try the other
microphone [Music] you want me to start again or I got it it was this very low volume okay it's up to you I was just going to say the the Kings Way development is
approximately 200 Acres it contains 456 condominium units in the principle uh condominium plus 19 in the admiralty Heights section which was a previous iteration of the condominium development uh and
10 91 units in the senior center at the Heywood Senior Living facility again all on the 200 Acre Site which includes the golf course from the beginning of this development uh and the stages of of progressive development there have always been some restrictions on the use
of the golf course by other than members of the uh condominium itself uh up until 19 2022 the Restriction was not more than 8,000 rounds per year at that time due to financial difficulties in operating
the golf course and a in in management for the course itself we came before you and asked for a modification of our special permit for the Open Space Village Development to remove that 8,000 per year cap on public play uh the board
was gracious and granted that uh modification of the decision but because some of the members had some concerns about whether or not the increased volume would have any impacts on either our facilities or the town or The Neighborhood asked us to come back each
year after the new operation started for three consecutive years so that you can review our performance uh the changes that have occurred and any information you may receive from other sources including the public in the neighborhood last time when we were here there were several neighbors who who
arrived and had concerns about some unruly conduct and some disturbances at their residences near the golf course since that time we have on several occasions met with neighbors and reached out to them trying to uh address their
concerns uh with respect to Hole number three and nine which is the locations where the golf course comes closest to these neighbors we have posted signs which you have a copy of in your packet uh directed to the patrons of the golf
course asking them to be considerate of the neighbors and not to disturb the adjoining properties in their course of play we've also constructed at hold number three a solid board fence 6 High to separate the t- boox from the residential neighborhood as a sound and
visual barrier uh from them and on hole number nine uh constructed a similar barrier but this time made out of Arbor trees both seem to have worked we do not have we have not received any complaints from those Neighbors at those locations
since those two things were constructed uh again this is now our second review we have indicated uh in the material submitted to you that our golf operations reports a total of 16,1 159 rounds of golf played last year
2024 of that approximately 73% was by the public that's a comparable percentage to the previous year uh an increase of about 3% over the previous year's total play uh we note that you have received information from the Town Golf
operations indicating for that it's two courses it posted a total of 88,000 rounds last year that's five times the volume of our business we're only about 17% of the total rounds now that's two courses or two and a half courses really
but it's it's not a high volume compared to what the town already does for itself in preparation for tonight's hearing I contacted the dentist I'm Excuse the yth police department for either concerns that they had received from Neighbors or of any traffic or
related problems that they were aware of at the golf course entrance or facilities they reported to me that they've received zero complaints this year or concerns I contacted the building department today to ask if they' received any complaints from Neighbors and Mr grills reported to me
that he'd received none in the past 12 months uh I asked our management team again today whether they'd received any internal concerns or complaints from people about parking whether there was too much traffic for other uses of the facilities and he indicates absolutely
none in fact they would welcome more traffic for the restaurant and for some of the other facilities so I think that's our report to you for this evening if you have questions for us I have several people here from the facility if you have questions that I can't answer but I
think in some that the concerns we had last year or we learned of last year have been resolved and addressed and now we can report that to the best of our knowledge the changes that you approved of allowing unlimited public play of the private golf course
has not caused any undue nuisance Hazard or congestion the standards for the granting of that special permit modification and in fact we hope we'll continue to be that uh positive resource for ourselves for the facility help stabilize the economy of the internal
structure of the condominium and not be any bother to the town or to the neighbors so Mr chairman if you have any questions I'd be happy to try and answer them for you thank you attorney Reed Mr mantony do you have any questions I don't really have any questions just a couple comments you
know it it appears as though you addressed the issues that we had or the or the residents had last time uh and without any complaints you know it seems to me everything's working just fine thank
you all right Anthony any questions no no questions just uh appreciate the efforts that have been made over the year and listening to the concerns of the abutters and the neighbors and seem to be addressed since we have no complaints you address no complaints and
there's no one here opposing of course so I appreciate that thank you okay dick any questions uh nope I got uh seems like everything's running smoothly over there and everybody's happy and makes me
happy okay I do have uh one bit of Correspondence a letter from Steph day chairman of the Board of Trustees dated March 3rd 2025 addressed to the zoning board board of appeals uh I am writing on behalf of the Board of Trustees of the Heatherwood
Condominiums an independent living community of 1991 condominiums on the grounds of the Kingsway complex as a Butters to the Kingsway golf course we support the continuation of unlimited public play on the Kingsway Golf
Course during the time that unlimited public play has been allowed we have not seen or heard any detrimental increase in traffic or noise and we have pleased to welcome golfing visitors to our beautiful community and again that's from Steven de that's the only
correspondence that we have I see there are individuals in the audience is anyone wish to speak concerning this matter in favor of it is anyone okay so it's safe to say there's
no one opposed who uh wishes to speak in opposition okay okay um anything else you'd like to add attorney Reed no thank you very much okay um any further comments from the board for me
okay uh he just reminded me that that U last year there was some indication that you you might not need us to come back a third time but that's certainly in your discretion the decision does say three years uh and the third one will be next winter sometime but if you feel it's
necessary um I I personally I've I've got no problem with just the two reviews myself um the only question I have is whe where it uh requires three do you believe that that might require us to amend the
special permit I think as long as we report to you on the status of during the year I think it would perhaps we can we can leave it that with your discretion uh that we would report to you on the status and and and you could
then decide whether you want us to come in or not for the third formal review as opposed to just submission of of our updates of number of rounds and things like that or we can come here I mean it's not either way whichever you prefer um that that was really the only
issue that I had was just um relative to the decision whether we would be changing it without a formal motion or petition um I don't mind doing it by motion but whether that would just create I don't believe the decision says how the review has to be conducted simply that I don't know that it says
that why don't we just take a quick look at that what did I do with my decision um this my decision wait here um let's see the board will conduct a review of the golf operations annually
at the end of each of the three years following the commencement of the said operating agreement um well might I suggest for continuity that we just have you back again just so we don't put a fly in the ointment I
don't anticipate that we're going to have a problem I personally think that you've done a great job mitigating any concerns that the neighbors have or have had um I mean you all own the place together too so there's really no reason that you all
shouldn't be good neighbors to one another and I think youve you've certainly demonstrated that you are good neighbors um based on the reports that I you've reported to us attorney Reed and the letters that I have from uh Heatherwood the Board of
Trustees um I think it's evident at least to me and I believe I speak on behalf of the board that you're consistent with the criteria the special permit and that you're certainly creating no undue nuisance ha it a congestion all right and uh everything
is running fine thank you so uh I think we're good I I don't think we need a motion and I think last time you simply um well I don't know if you made a motion but you would simply conclude that you have completed your review I
guess okay so is the board satisfied that uh We've yeah completed the second annual review y yes and that everything is running smooth over there yep and that we will see them uh we'll see you
next year and uh I'm sure we'll probably have the uh the same type of meeting uh and uh we look forward to seeing you we're glad everything's running very well over there at Kings Way thank you very much we appreciate thank you very much for coming by thank you guys very much thank you
you too good night second petition okay next matter on our agenda is petition 5163 do we have them in the queue uh Mr chairman uh attorney Nolan is on the zoom okay all right um and if
they're ready to go uh petition 5163 Joseph santangelo the property location is 12 to 14 Anchorage Lane in West Jou Mass it's in an r25 zoning district and the applicant seeks a special permit per
104.4 point1 and 104.4 point2 to convert an existing two family dwelling on a pre-existing non-conforming lot into a condominium form of ownership good evening good evening I'm
Beth noan and I represent the owner of 1214 Anchorage Lane and thank you for letting me attend this meeting by Zoom I appreciate it that is fine that is fine go ahead attorney Nolan okay so as you stated this petition is for a special
permit under the Yarmouth zoning board section 104.4 condominium conversion and for a use authorized by the use regulation schedule section 2025 subsection a12 this is a pre-existing nonconforming lot created
by a 1965 subdivision plan of land in West yarm the structure on the lot has always been a two family house orazio santangelo and his wife Teresa and Angelo gigliotti and his wife Pauline purchased the property
Circa 1973 Teresa santangelo is a sister of Angelo gigliotti and this two family house has been owned in common by the two families the S Angelos and the g
gigliotti or elderly and they're aware of the potential issues of incommon ownership with younger Generations so last June Mr and Mrs Ario santangelo and Mr and Mrs Angelo gigliotti deeded their
incommon interest to the 1214 Anchorage Lane LLC they are the current members and managers of the LLC it is their hope that this board will grant the special permit and approved the conversion of the two
family house to a unit two unit condominium the two family house has gone undergone several Renovations the last was a major renovation in 2004 the petition is to convert the existing non-conforming two family house
to a 2unit condominium the footprint of the existing two family house does not change the interior does not change as the two family house has always been segregated into two separate dwelling
units the septic system is part of the condominium along with the roof the units are separately metered for water electricity and gas the units if this condominium is approved will be restricted to residential use a unit
owner May lease their unit however the lease terms may not be for less than 2 weeks and limited to six tenants including children airbnbs are strictly prohibited in the condominium as would be
animals the application meets the criteria for the issuance of the special permit under Section 103.2 subsection 2 namely there'll be no undue nuisance Hazard or congested created by the
conversion of this existing two family house to a 2unit condominium there will be no substantial harm to the established or the Future character of the neighborhood um the conversion does not increase the existing nonconformities
the lot is in zoning District r25 where the lot Siz is to be 25,000 square feet this lot is 15,000 square ft the nonconformities will not increase thank you thank you
uh any questions dick uh no questions we do this fairly often where our duplex is allowed to be changed to a condominium form of ownership it doesn't make any difference with what's say and um looks like you
got some additional restrictions on it as well uh so no I have no no questions or concerns okay Anthony no questions from me thank you for your presentation we I understand what you're looking for okay John I don't have any questions
either I don't have any questions as well I think it was a very good presentation I will say that based upon the representations of council as well as the condominium documents before us that they do meet the criteria I see that the the use is not
changing um it's written with proper Management Authority uh and they do meet the criteria uh they are on a legally pre-existing non-conforming lot um I really don't have anything else to
add because I think Council has gone over everything that I may have had some questions about um do you have anything else to add council no thank you okay uh we there's no one in the
audience to either speak on be behalf or against so uh if there's any further discussion of the board or not is anyone prepared to make a motion I'll make a motion to approve petition
5163 as um as as requested okay no conditions correct no conditions all right we have a second a second second okay any discussion on the
motion no no the only thing I would say is I think the uh petitioner has demonstrated that they do meet the criteria of the bylaw there'll be no undo Hazard nuisance or congestion nor will it be more substantially detrimental to the neighborhood or the surrounding zoning
District um on that all those in favor please signify by saying I I any opposed hearing none that carries uh 4 to Z in favor um were you planning on writing a
decision for us or do you want us to write the decision um you tell me what your preferences I don't know the practice in the Yarmouth I'm sorry we can Senator um attorney Nolan we could always draft a template and send that to
you for your review and then return it to the board thank you very much I I would appreciate that okay we'll do that all right so I think we're all set uh all I would just say is there is a 20-day appeal period um after the
decision is clocked with the town clerk uh once that go goes uh once that elapses then the special permit will be issued to you do you have any questions no thank you all right well thank appreciate it all right well thank you
very much and uh best of luck to the uh petitioners thank you very much have a good evening you too byebye now byebye all right um do we have minutes Mr chairman maybe two sets of minutes two sets of minutes okay let's take a
look at these uh minutes of February 13th 2025 do we have a motion to approve the minutes motion to approve have a second second any discussion hearing none all those in favor please signify by saying I I any opposed hearing none I think we
have one more do we have one more February 27th 7th February 27th uh do we have a uh motion to approve the minutes of February 27th 202 I I wasn't present for that the meeting so I'll move
Anthony I'll second it all right any discussion hearing none all those in favor please signif signify by saying I I I any opposed hearing none that carries unanimously that was an eye out of you wasn't it dick it was okay okay very
good I think they I think we'd win on a majority I don't think we need a super majority to prove the minutes anyway in case you didn't like them okay uh any further business uh no Mr chairman motion to with Jour so moveed second discussion hearing
none all those in favor I I hearing none we are adjourned thank you very much everyone