Persson: Courts not needed

Town attorney David Persson believes the Colony Beach & Tennis Resort can re-open, with or without owner access to 12 tennis courts in the middle of the property.

Last year, Planning, Zoning and Building Director Monica Simpson told Colony Association President Jay Yablon that unit owners must have access to the tennis-court property.

But in a letter to Planning, Zoning and Building Director Monica Simpson dated Jan. 24, Persson explains that the town’s September 1972 approval of the overall resort and its 237 units did not include a mandate that owners must have recreational access to the three acres of property that includes the tennis courts.

That’s because town records show the recreational amenities were created in November 1973 — more than a year after the resort approval letter was drafted.

“It is my opinion that based upon the facts and information available, the Colony Beach & Tennis Association has a legal non-conforming density of 237 units,” Persson wrote. “There was no density assigned to the accessory out parcels, and the total acreage of the Colony was utilized in determining the total allowable density.”

Persson ended his letter by stating a re-opening of the resort would be permissible.

“Re-opening the Colony without use of the out parcels will not increase the legal non-conformity and the association may proceed to re-open the Colony tourism units so long as all other regulatory requirements are met,” Persson wrote.

The determination also appears to clear up a controversy about the recreational property rights and ownership.

Dr. Murray “Murf” Klauber has an 80% undivided interest of the tennis courts, while Carolyn Field has a 15% undivided interest, and Colony unit owner Andy Adams now holds a 5% undivided interest he bought from William Merrill in December for $350,000.

Both Klauber and Field’s attorney, Morgan Bentley, believes the unit owners would not have rights to the courts by means of a 5% interest.

But Persson’s opinion means the owners don’t need court access to open the resort.

Colony Association President Jay Yablon called the determination “a monumental development.”

In an e-mail Yablon wrote to unit owners Jan. 24, he said that the association will now ask unit owners to approve renovations that would allow the property to re-open a limited number of units this season until a complete renovation plan is agreed upon.

“We can now move forward with opening units without any interference from our neighbors,” Yablon said.

Contact Kurt Schultheis at [email protected]