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HomeMy WebLinkAbout21-A138 18 Cottonwood Street OKH Hist Dist Commission APPEAL DENIALOLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-775-1766 Aaron Kimmel Appellant/Applicant Vs. Decision for Appeal No: -2021 1 EIVED .ii... Old King's Highway Regional Historic NOV 12 2021 District Committee for the Town of Yarmouth YAHMUUTH On Tuesday, October 19, 2021, at 1:30 P. M. the Old King's Highway Regional Historic District Commission, here in after called the Regional Commission, held a public hearing at the West Barnstable Fire Station Meeting Room, 2160 Meetinghouse Way (Route #149), West Barnstable, Massachusetts, on Appeal No. 2021-13 filed by Aaron Kimmel seeking reversal of the Old King's Highway Regional Historic District Committee for the Town of Yarmouth, hereinafter called the Yarmouth Town Committee, decision to deny a Certificate of Appropriateness for the installation of 14 black solar panel modules to be located at 18 Cottonwood Street, Yarmouth Port, Massachusetts. Said property being shown on Town Map 105 as lot 44. The Yarmouth Town Committee's decision was made on September 13, 2021, and notice filed with the Yarmouth Town Clerk on Friday September 17, 2021. A copy of the Appeal Petition form was filed within the 10 -day appeal period on Monday, September 20, 2021, and was available for public viewing at the Yarmouth Town Clerk's Office during regular business hours. Present at the public appeal hearing for the Regional Commission were Vice Chairman William Bohlin of Dennis, who presided over the proceedings; Member Robert Wilkins of Yarmouth; Member Mary Foley of Sandwich; Member James Trabulsie of Brewster; Member Paul Richard of Barnstable; Member Ronald Mgrdichian of Orleans; and James Wilson, Commission Administrative Counsel. Present were Aaron Kimmel the Appellant/Applicant and his agent Solar Wolf Energy, Inc. represented by Alisha Vasquez, Project Manager, and Jereme Erlandson. Background Information for Anneal No. 2021-13: The Regional Commissioners have reviewed copies of the Appellant/Applicant's appeal petition; the Yarmouth Town Committee file with the application and related submissions that were presented to the Yarmouth Town Committee; and observed the video recording of the September 13, 2021, Yarmouth Town Committee's Meeting. 3,kiAG 9 The Regional Commissioners have individually visited the site and are familiar with the proposed neighborhood and roof where the 14 black solar panels are proposed to be located. I RECEIVE® Appellant/Applicant's Presentation: NOV 12 2021 Alisha Vasquez of Solar Wolf Energy, Inc. addressed the Regional Commission OWN MiUU Gf- of the appeal. She introduced herself as the representative for Aaron Kimmel the owner of 18 Cottonwood Street, Yarmouth Port, Massachusetts that was seeking approval for the proposed front street facing 14 black solar panel rooftop array. She described the neighborhood as being located near the Mid -cape Highway (Route #6) on the southern edge of the historic district. She stated that the neighborhood was serviced by a single entrance and exit that would produce limited vehicle traffic that could observe the black rooftop solar panel array. She claimed that there was no room on the lot for a ground mounted system. She reported that the house had an east west orientation with tall trees shielding the sun from the rear roof. She stated that Solar Wolf Energy, Inc. had determined that the front roof was the only suitable place on the property for a rooftop solar panel array. She pointed out that the proposed array had been located on the northern end of the front roof where it could be obscured by the existing front yard vegetation so that people traveling in a southerly direction on Cottonwood Street would have a limited view of the solar panels. She stated that the Applicant obtained a signed statement of support from eighteen of the neighbors and that no opposition had appeared at the September 13, 2021, Yarmouth Town Committee bearing. She argued that the Yarmouth Town Committee had set a precedent by approving other applications for rooftop solar panel arrays located within the historic district and suggested that it had been acting in an arbitrary, capricious, and erroneous manner by denying the Applicant's application. Yarmouth Town Committee's Presentation: Robert Wilkins, Vice Chairman of the Yarmouth Town Committee, began by pointing out that the application was very similar to the Applicant's proposal that had been rejected in 2017 by the Yarmouth Town Committee and Regional Commission. He indicated that the installing company had been changed by the homeowner, but that the location, design, style, and the project's features were strikingly similar in appearance to the rooftop solar panel array that had been previously denied a Certificate of Appropriateness for it proposed location. 2 ,� t -1 He described the neighborhood as being very homogeneous in its appearance with similar ranch style dwellings all having been built during the 60s and 70s and manifesting the same exterior architectural features that include facades with large frontal roof exposures. He noted that the prominent front lightly colored roof exposure is very close to the street, which would amplify the discordant aspects of the proposed roof mounted black solar panel array. He suggested that the solar panel array would be visually disruptive to the Cottonwood streetscape and incongruous with the shared common exterior architectural features of the other homes located within the immediate surrounding neighborhood. He stated that all properties located within the designated historic district are subject to the same review process and equal consideration of the criteria under the Act for determining a project's appropriateness. 14 ECEIVED He pointed out that while the trees in the front yard may provide partial seasonalLOLD V 12 2021 screening, they are deciduous and will annually shed their leaves during the fall an FilVl V Ul�E-f winter seasons. NGS NIGHW He reported that the Yarmouth Town Committee is sensitive to the energy aspect of solar panel projects and approve between seventy-five (75%) and eighty (80%) percent of the applications that come before the Yarmouth Town Committee. He indicated that each application is judged on its own merit and in this situation the incongruity and inconsistency of the many features of the black roof top solar panel array in this particular setting would be inappropriate. Public Comment: Mr. Bohlin asked for public comment on the appeal that was before the Regional Commission. Joyce Flynn, Chairperson of the Yarmouth Energy Committee, expressed the opinion that the closeness of the Cottonwood Street neighborhood to the Mid -Cape Highway (Route 6) with all its noise, traffic, and distance from Route 6A made it a suitable location for the approval of the proposed rooftop solar panel array. She indicated that she felt that the residents of the neighborhood supported the application and that the Yarmouth Town Committee made an error in not approving the application. Mike Duffy identified himself as the Coach for the Solarizing Plus Yarmouth Program. He stated that he had made a considerable effort seeking to find a way to increase the number of rooftop solar panel installations that could be approved for placement upon the houses located within the historic district. He suggested that he felt that the visual impact aspect of the solar panel application process was highly subjective and lacked the objective criteria of the energy advantage that can be calculated and projected in kilowatt hours. 3 a\-AV�,3 He expressed an opinion that he felt that it was unfair that people living south of the Mid - Cape Highway (Route 6) and outside an historic district should bear a greater burden for addressing climate change than those who live within a designated historic district. Appellant/Applicant's Rebuttal & Conclusion: Ms. Vasquez submitted printed copies from the neighbors indicating that they had no objection to the installation of the solar panels on the street side of the Applicant's house located at 18 Cottonwood Street. Jereme Erlandson of Solar Wolf Energy, Inc. stated that during the Yarmouth Town Committee the Chairman had indicated support for having solar panels approved for the Applicant and had voted against the motion to deny the application. He report at there had been discussion about adding an extra panel by moving a roof vent p 'pF ffiCEIVED consideration of creating an exempt area that would allow the project to be ap roved. NOV 12 2021 Yarmouth Town Committee Rebuttal & Conclusion: YAHIVIUUTN Mr. Wilkins stated that the Yarmouth Town Committee tries to work with theppm to find a way to approve solar panel requests. He indicated in this situation the project did not meet the standard of having a minimum visual impact on the surrounding neighborhood. He stated that the Yarmouth Town Committee reviews each application on a case-by-case basis and expressed strong support for the decision to deny the application. Closure of Public Hearing: Vice Chairman Bohlin announced the closure of the public hearing and stated that the Regional Commissioners would attempt to decide the appeal. He stated that the parties and public could remain to observe and hear the deliberations but would not be allowed to comment or participate in the procedure. Regional Commission Discussion: Vice Chairman William Bohlin of Dennis began the discussion by asking each of the Regional Commissioners to comment on the appeal. Commissioner Trabulsie of Brewster began the review process by suggesting that while the Cottonwood Street neighborhood may be less historically significant than other parts of the historic district that did not exempt the area from adhering to the criteria contained in the applicable Guidelines for solar panel installations. He emphasized the importance of considering the visual impact that the solar panel array will have on the surrounding neighborhood. 4 He indicated that in this particular case, he felt that the Yarmouth Town Committee had set forth a reasonable basis for its determination that the prominent appearance of the proposed solar panel array on the front roof close to the street would have a significant visual impact on the surrounding neighborhood. He stated that in his opinion, the Yarmouth Town Committee did not exercise poor judgement, did not exceed their authority, was not arbitrary capricious, or erroneous in its action in denying the application and acted correctly in applying the Historic District Act and the Commission's Guidelines when it determined that the proposed location of the solar panel array's exterior architectural features would be highly visible and therefore would have a major visual impact on the neighborhood. Commissioner Foley of Sandwich disagreed with Commissioner Trabulsie's opinion and stated that she felt that because the house was constructed in the 70s it lacked historic significance, was located more than a mile from Route 6A in a relatively isolated neighborhood; and therefore, that the solar panel array would not degrade the his, ��� values of Yarmouth and that in her opinion the application would have been aper her Sandwich Town Committee. N O V 12 2021 021 Commissioner Richard of Barnstable agreed with Mr, Trabulsie's observations. e YARMOUTH indicated that he did not see a mistake in the Yarmouth Town Committee's revie OLD KING'S HIGHWAY process or decision to deny permission to erect the requested rooftop solar panel array on the street facing roof of the dwelling located at 18 Cottonwood Street and within the designated portion of the Yarmouth Historic District. Commissioner Mgrdichian of Orleans indicating that local committees cannot just declare an area to be exempt from the requirements of the Historic District Act. The Act has a specific procedure for exempting geographical areas. In this situation the subject property is subject to the review process and the criteria of having a "minimum visual impact on the surrounding neighborhood." In this case, he agreed with the determination by the Yarmouth Town Committee that the proposed project did not meet the criteria for an approval. Vice Chairman Bohlin indicated that he agreed with the opinion that the proposed solar panel array would have a major visual impact on the neighborhood. He suggested that the Town of Yarmouth should consider the use of community solar farms where people residing in the historic district could buy into a community solar project. He acknowledged that the pair of trees in the front yard would provide limited screening for the solar panel array but indicated that in his opinion, it would be insufficient, and the trees might easily disappear. )1 _A13K He agreed with his fellow Regional Commissioners, who had indicated that the Yarmouth Town Committee did not exceed its authority, exercise poor judgment, nor was arbitrary, capricious, or erroneous in denying the application. Commission Counsel asked the Regional Commissioners if they were ready to consider and adopt a set of facts on the appeal. The Commissioners indicated that they were prepared to make a set of findings. After review and discussion, the following facts were adopted. Commissioner Mr. Trabulsie moved, seconded by Mgrdician, that the following finding of facts be adopted and incorporated into the Regional Commission's decision. The motion was adopted by a vote of 4-1-1. (Bohlin, Richard, Mgrdician, & Trabulsi J,RE EIVE favor; Foley opposed; Wilkins, abstaining) The Regional Commission findings: NOV 12 2021 YARMOUTH 1. The project consists of a request to install fourteen (14) black solar panels on t A.D&ING'S HIGft roof of the house located at 18 Cottonwood Street, Yarmouth Port, Massachusetts. 2. The project is located within a traditional ranch style residential development located within the legislatively designated Old King's Highway Regional Historic District. 3. The Yarmouth Town Committee had jurisdiction and the authority under the Old King's Highway Regional Historic District Act to determine the appropriateness of the proposed exterior architectural feature. 4. The smooth glass and metallic features of the black solar panel array do not blend with the existing rough texture and color of the light gray shingle roof of the applicant's house. 5. The color, scale, and size of the proposed fourteen (14) black solar panels will be incongruent with the immediate surrounding area. 6. The location on the front roof of the Applicant's house, will be highly visible from the public way known as "Cottonwood Street." 7. The obvious incongruity of the proposed fourteen (14) black solar panel array indicates that the Yarmouth Town Committee had a reasonable basis for its denial and did not exceed its authority or exercise poor judgment in its decision to deny the application. 8. The submitted pictures, video, and observation of the proposed site indicate that the Yarmouth Town Committee did not act in an arbitrary, capricious, or erroneous manner in reviewing and acting on the application. 9. The Yarmouth Town Committee's decision to deny the application should be affirmed. Regional Commission's Determination: Commissioner Richard moved, seconded by Commissioner Trabulsie that the Regional Commission vote to uphold the decision denying the Certificate of Appropriateness to Aaron Kimmel for the installation of 14 black solar panels on the front roof of the house located at 18 Cottonwood Street, Yarmouth Port, Massachusetts, which is shown on Town Map 105 as Parcel 44. It is hereby noted that we find that the Yarmouth Town Committee did not exceed its authority or exercise poor judgment and was not arbitrary, capricious, or erroneous in its action and that the decision was within the guidelines of the Act and specific to the setting under consideration. The motion carried by a vote of 4 - 1 - 1. (Richard, Trabulsie, Mgrdichian, & Bohlin, in favor; Foley opposed; Wilkins abstaining) Any person aggrieved by this decision has a right to appeal to the District Court Department, Barnstable Division, within 20 days of the filing of this decision with the Yarmouth Town Clerk. Dated: November 9, 2021 William E. Bohlin, Vice Chairperson ECEIVED NOV 12 2021 YARMOU'l �-s 7 ) \ .-AM