HomeMy WebLinkAbout24FrothinghamRebuttalCommentsApplicant David and Daphne Geanacopoulos’ comments in rebuttal to objections of abutters Bass River Yacht Club, Bass River Sailing School,
and Stratton Lloyd.
The abutters’ comments to the Commission contain numerous factually inaccurate, exaggerated, and irrelevant claims.
Summary of Abutters’ comments:
Counsel for Bass River Yacht Club, Charles Sabatt, appeared at the Conservation Committee meeting of April 20, 2023 and expressed the Yacht
Club’s opposition to the Applicant’s proposal on the basis that it would interfere with the Yacht Club’s sailing program and endanger sailing
students and others. He also stated that the Yacht Club plans to expand its current dock facilities and is willing to discuss shared use of the
expanded facility with the applicant.
Bass River Sailing School President Mark E. Ahern, also an officer of the Yacht Club, submitted a letter asserting that the applicant’s proposed
dock “would be a mistake and devastating to the Club and School’s capacity…”. This letter further states, incorrectly, that the launching of boats
from shore at the Yacht Club “require[s] navigation of the river directly in the area proposed for the new pier”. It further states that
construction of the proposed pier “would make it nearly impossible to host these activities…”. The letter also cites a supposed impact on boats
waiting to access the Club pier for loading and unloading of passengers. Mr. Ahern’s letter goes so far as to state that Theodore Frothingham, a
prior owner of applicant’s property, did not build a pier at the subject property because he “knew well the direct and negative impact this
would have on the activities at the Club”. He further stated that the applicant, when purchasing the property “undoubtedly understood” that
the property does not “naturally lend itself to the addition of a pier”.
Mr. Stratton Lloyd of 228 Pleasant St. wrote via email echoing statements similar to those of the Sailing School and stating also that “clearly
these owners knew when they bought the house that the dock was not included”.
The applicant disagrees strongly that proposed dock would have a negative impact on sailing to and from the Yacht Club:
The proposed dock and float would be 112 feet from the nearest corner of the Yacht Club’s floats. This exceeds by 50% the Town of
Yarmouth’s required minimum separation of 75 feet.
The Yacht Club has discussed the potential expansion of its facilities and has suggested informally over recent years that it would discuss
“shared use” with the applicant, but it has shown no plans for such an expansion, nor it is apparent that any expansion is possible.
The launching of boats from shore does not “require navigation directly in the area proposed for the new pier”. In fact, because prevailing
winds come from the South, boats would have to sail directly into the wind to reach the proposed dock site.
Observation of the Sturgis School sailors shows that they easily launch their boats from shore and sail well outside the location of the proposed
dock, which is marked by a buoy as required. The sailors do often collide with the Yacht Club dock, which is slightly downwind of the launch
area, without evident serious consequence.
Other local Yacht Clubs operate successfully with navigation challenges far greater than any minor effects of the applicant’s proposed dock.
The attached aerial views illustrate this. At the Stone Horse Yacht Club, sailors launch from inside Wychmere Harbor and navigate a narrow
channel to reach the outer harbor and the Sound. At the West Dennis Yacht Club, sailors depart and return through a narrow cove leading to a
narrow channel with significant tide, current and wind variations. Even with the insignificant addition of the applicant’s proposed dock, the
Bass River Yacht Cub and Sailing School would have far greater river access and freedom to navigate than other local clubs have at present.
Imputing an opinion on the applicant’s proposal to Theodore Frothingham is at best entirely speculative and frivolous, since Mr. Frothingham
passed away in 1976.
The statement of Ahern’s letter and Lloyd’s email about the applicant’s “prior understanding” as to the possibility of a dock at the property is
false, misleading and irrelevant. Although various parties have argued in the past about this concept, the Conservation Commission informed
the applicant the Commission has no record of a permit application for a dock on this property ever having been filed. The applicant had no
particular expectations other than the right to develop a plan and submit it for the Commission’s review.
In a private conversation with the applicant, a main proponent of the Yacht Club’s position commented that “if [he] had thought that a dock
could be built [at applicant’s property], he “would have bid on the house himself”.
The applicant notes that Mr. Lloyd is not an abutter, although he does have a dock that was approved in 2016 to include dredging of the river to
meet the minimum depth required.
The applicant has been completely transparent and engaged with the Yacht Club about plans to submit its application. The applicant is an
active member of the Yacht Club, having made substantial contributions of time, talent, and treasure to the Yacht Club since joining three years
ago. The Yacht Club’s and Sailing School’s response to this application do not begin to respect the spirit with which the applicant has engaged
with the Yacht Club. The applicant would welcome sincere discussion, feedback, and suggestions from the Yacht Club about how to mitigate
any actual negative impacts it perceives from the proposed project.
Stone Horse Yacht Club
Stone Horse Yacht Cub
West Dennis Yacht Club
West Dennis Yacht Club