HomeMy WebLinkAbout22-A052 32 Whippoorwill Lane OKH Commission Appeal DecisionECEIVED)t D KING'S HIGHWAY REGIONAL HISTORIC DISTRICT
COMMISSION
JUN 2 1 2022 P.O. Box 140, Barnstable, Massachusetts 02630-0140
Tel: 508-775-1766
YARMOUTH
> KIN 'S HIGHWAY
James Barry, Appellant/Applicant
Vs.
Decision for Appeal No. 2022-3_-.
Old King's Highway Regional Historic
District Committee for the Town of Yarmouth
On Tuesday, June 14, 2022, 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. 2022-3 filed by James Barry,
hereinafter after called the Appellant /Applicant, seeking reversal of the Town of
Yarmouth Old King's Highway Regional Historic District Committee, herein after called
the Yarmouth Town Committee, denial of a request for Certificate of Appropriateness
(Application #22-A052) for the placement of twenty (20) black rooftop solar panels on
the rear roof of a dwelling located at 32 Whippoorwill Lane, Yarmouth Port,
Massachusetts and identified as being shown on Town Map 149 Lot 20. The Yarmouth
Town Committee's decision was filled with the Yarmouth Town Clerk on Tuesday, May
10, 2022. The Appeal Petition was filed with the Regional Commission on Thursday,
May 19, 2022, within the ten-day appeal period.
Present at the public appeal hearing for the Regional Commission were Chairperson
William E. Bohlin of Dennis; Member Robert Wilkins of Yarmouth; Member James
Trabulsie of Brewster; Member Peter Williams of Sandwich; Member Elizabeth
McCarthy of Barnstable; Member Ronald Mgrdichian of Orleans; and James R. Wilson,
Commission Administrative Counsel.
Present for the Appellant/Applicant were the solar company representative Abe Boyle of
My Generation Energy, and James Barry, the Appellant/Applicant.
Backeround Information:
1.) The Regional Commissioners had reviewed the Application with specifications,
pictures, and diagrams showing the proposed location on the back roof for the 20 -rooftop
solar panel array, the Yarmouth Town Committee's denial for being visible from
Windswept Path, Abutter's List, Appeal Petition, and the video and approved Minutes of
the May 9, 2022, Yarmouth Town Committee public hearing.
2.) The Regional Commissioners had individually visited the site and observed the view
from 32 Whippoorwill Lane and Windswept Path of the proposed location for the solar
panel array.
Appellant/Applicant's Presentation:
Abe Boyle of My Generation Energy addressed the Regional Commissioners on behalf of
the appeal. He presented picture images of the public's view from Windswept Path and
suggested that the appearance of the solar panel array would be largely screened and
hidden by vegetation and the existing 2 -story house with attached garage located at 23
Windswept Path.
He claimed that the public's view of the rooftop solar panel array would be minimal. He
alleged that the public streets in the area were isolated and remote with very little traffic.
He suggested that the vehicle and pedestrian traffic would be looking at the marsh on the
opposite side of Windswept Path.
He concluded by inferring that the Yarmouth Town Committee had exercised poor
judgment in denying the application and requesting that the Regional Commissioners
reverse the Yarmouth Town Committee's determination to deny Application #22-A052.
Yarmouth Town Committee's Presentation:
Robert Wilkins of the Yarmouth Town Committee began his presentation by stating that
the Yarmouth Town Committee had approved about eighty percent (80%) of the solar
panel requests that had been presented for review. He claimed that the Yarmouth Town
Committee supported the use of solar energy and had a good record of trying to work
with homeowners and their agents to find a reasonable compromise for the approval of
requested solar panel array projects within the historic district.
He disputed the opinion that the Yarmouth Town Committee had made a mistake or
exercised poor judgment in denying the application.
Mr. Wilkins pointed out that the trees and shrubs in the area were mostly deciduous and
suggested that during the winter months the rooftop solar panel array would be much
more visible.
He stated that there were no other visible rooftop solar arrays located within the
neighborhood and expressed concern that the approval might become the basis for the
future approval of more visible rooftop solar panel arrays.
He concluded by indicating that the Yarmouth Town Committee's opinion to deny the
project was based upon the scenic beauty of the neighborhood and the belief that the
rooftop solar panel array would appear incongruent within the scenic setting.
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Public Comment:
Chairperson William E. Bohlin announced that the Regional Commission had not
received any letters regarding the appeal, He requested public comment and there was
none.
Appellant/Applicants' Rebuttal & Conclusion:
Abe Boyle acknowledged that the solar array would have limited public visibility from
Windswept Path but repeated the claim that it would be located in a very remote part of
the historic district and observed by a very small number of people.
He reminded the Regional Commissioners of the need to address climate change and the
importance of permitting homeowners to invest in the use of clean energy.
Yarmouth Town Committee Rebuttal & Conclusion:
Robert Wilkins summarized the points made in his presentation and repeated a concern
for the protection of the scenic appearance of the residential neighborhood.
Commissioner Trabulsie of Brewster asked if there were any photographs showing the
level of screening of the public's view from Windswept Path before the seasonal leaves
substantially obscured the view of the Appellant/Applicant's rear roof.
Both Mr. Boyle and Mr. Wilkins indicated that they were not aware of any pictures of the
rear roof taken at a different time of the year.
Closure of Public Hearing:
Chairperson Bohlin announced the closure of the public hearing and stated that the
Regional Commissioners would attempt to decide the appeal.
Regional Commission Discussion:
Commissioner Mgridichian of Orleans began the discussion by expressing the opinion
that observing the site he would have denied the placement of solar panels on the front of
the house and approved the application as submitted for the rear of the house. He
indicated that he felt that the application ought to have been approved.
Commissioner Trabulsie of Brewster stated that he agreed with Mr. Mgridichian's
opinion and suggested that he felt that the application for the rear roof location meets the
criteria of having a "minimum visual impact on the surrounding neighborhood."
Commissioner Williams of Sandwich indicated that he agreed with the comments of Mr.
Mgridichian and Mr. Trbulsie and suggested that he believed that when the homeowner
makes reasonable accommodations to conceal the solar panel array, the application ought
to be approved.
Commissioner McCarthy of Barnstable reported that her site visit observations from
Windswept Path indicated that the rear roof was only barely visible from the Street.
Chairperson Bohlin of Dennis stated that he was in complete agreement with the
observations and comments of his fellow Regional Commissioners. He indicated that he
believed that the determination by the Yarmouth Town Committee should be annulled
and Certificate of Appropriate (22-A052) issued to the Appellant/Applicant.
Administrative Counsel Wilson prepared and submitted a set of draft findings and
motions for the Regional Commissioners to review and act upon.
After review and minor editing, the following findings and motions were adopted by the
Regional Commission as indicated:
Commissioner Elizabeth McCarthy moved, seconded by Commissioner Trabulsie that the
following findings of fact be approved and incorporated into the Regional Commission's
decision. The motion was adopted by a vote of 5-0-1. (McCarthy, Trabulsie, Williams,
Mgrdichian, & Bohlin, in favor; None, opposed; Wilkins, abstaining)
The Regional Commission findings:
1. The project consists of a request to install twenty (20) black rooftop solar panel
modules on the rear facing roof of the dwelling located at 32 Whippoorwill Lane,
Yarmouth Port, Massachusetts and being shown on Town Map 149 as Lot 20.
2. The twenty (20) black solar panel modules located on the rear asphalt shingled roof of
the dwelling will be partially visible from Windswept Path.
3. The partial visibility of the solar panel modules gives the Yarmouth Town Committee
jurisdiction and the authority under the Old King's Highway Regional Historic District
Act to determine the appropriateness of the appearance of the proposed rooftop solar
panel array.
4. The remote location of the proposed area for the rear roof solar panel array and its
limited public visibility will result in a minimum visual impact on the surrounding
neighborhood.
5. The Yarmouth Town Committee exercised poor judgment in denying the submitted
application for the proposed solar panel array.
6. The Yarmouth Town Committee decision denying approval of the proposed solar
panel array should be annulled and a Certificate of Appropriateness issued for the
application as submitted.
Regional Commission's Determination:
Commissioner Trabulsie moved seconded by Commissioner McCarthy, that the Regional
Commission vote to annul the decision denying the Certificate of Appropriateness (22 -
in
A052) to James Barry for the installation of a twenty (20) black rooftop solar panel array
on rear roof of a dwelling located at 32 Whippoorwill Lane, Yarmouth Port,
Massachusetts, which is shown on Yarmouth Town Map 149 as Lot 20. It is hereby noted
that we find that the Yarmouth Town Committee exercise poor judgment in denying the
application and that the Certificate of Appropriateness (22-A052) is hereby issued to the
Applicant and is specific to the setting under consideration.
The motion carried by a vote of 5 - 0 - 1. (Trabulsie, McCarthy, Williams, Mgrichian, &
Bohlin, in favor; None, 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: June 21, 2022
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William E. Bohlin, Chairperson