HomeMy WebLinkAboutRick.Pomroy Red Jacket Comments - Planning Board 080223 R1
Richard W. Pomroy
7 Bethpage Lane
Plymouth, MA 02360
rpomroy@pomroyassociates.com
(781) 603-2061
August 1, 2023
Ms. Kathy Williams, Town Planner
The Town of Yarmouth
1146 Route 28
South Yarmouth, MA 02664
Reference: Red Jacket Beach Resorts, 28 South Shore Drive, South Yarmouth
Dear Ms. Williams –
My name is Richard W. Pomroy and my wife Mary Lee Pomroy, and I are the owners of
the property located at 31 Barkentine Circle, South Yarmouth MA which is a direct
abutter of the Red Jacket Beach Resort. I am also the current President of the Gateway
Isles Homeowner’s Association (“HOA”), the properties of which also abut the Red
Jacket Beach Resort (“RJ”).
I attended Yarmouth Conservation Commission Hearing on June 1, 2023, regarding RJ’s
improvement plans. At this hearing I raised concerns that the plans indicated disturbance
of an existing Right of Way within the RJ property which allows Gateway residents
access over the RJ property to Shore Drive. I requested the petitioner consider an
alternate plan to not block the easement area.
On Sunday June 4, 2023, the Gateway Isles HOA conducted its Annual Meeting. At this
meeting I reported to the members that I, and a fellow member, attended Yarmouth
Conservation Commission Hearing on June 1, 2023, regarding the RJ’s improvement
plans. I reported to the HOA that the planning of the improvements appeared to be sound
and with little to no effect to abutters with the exception for temporary stone vehicle track
pads planned to be installed in the location of the Right of Way Easement Gateway
enjoys over the RJ property. I also reported to the HOA that I had spoken of my concern
at the June 1st hearing. The members in attendance at the HOA annual meeting echoed
my concerns regarding the Right of Way and voiced concerns regarding the existing RJ
gate, trash pick-ups and parking lot lighting.
Richard W. Pomroy
7 Bethpage Lane
Plymouth, MA 02360
rpomroy@pomroyassociates.com
(781) 603-2061
I have been in communication with the petitioner’s counsel Attorney Rose, and we have
reviewed the HOA’s issues and discussed solutions. Please see below.
1. The Right of Way – As noted above. The engineering plans have been modified
to restrict the limit of work and not impact the HOA’s easement rights. I have
reviewed these plans and confirm that the issue has been addressed.
2. The RJ Gate – The RJ has installed a wooden gate across the property which
blocks the Right of Way easement path from Gateway to the RJ. The gate is not
easily maneuverable by most of the residents and impedes the Gateway residents’
rights to gain access to the Right of Way. There is a narrow opening to the side of
the gate, but it is not wide enough to allow residents with baby strollers or beach
wagons to pass. Although not resolved at this time, I feel confident that we are
working towards a solution to this issue.
3. Trash Pick-up – The RJ dumpsters are located along the shared property line with
Gateway and there are regular early morning pick-ups which can be quite noisy.
The residents understand the need for trash pick-up, however in many cases these
pick-ups are as early as 6:30am in the morning including Saturdays and Sundays.
It is my understanding that RJ is working with the trash company to address the
schedules.
4. Parking Lot Lighting – There are several high intensity flood lights which the RJ
utilizes to illuminate the parking lots. One such light is mounted on the RJ
building and shines directly across the parking lot and illuminates most of the
surrounding Gateway residences. There is another such light which is mounted
high up and faces away from the residents, but the high intensity brightens the sky
and surroundings. Attorney Rose has shared a draft Condition for the Planning
Board which appears to address our concerns.
I am personally in support of the improvements proposed at the Red Jacket and
appreciate the petitioner’s willingness to listen to the HOA’s concerns and address the
matters as best as possible.
If you should have any questions, please let me know at your earliest convenience. I will
not be able to attend the August 2, 2023, meeting.
Sincerely,
Richard W. Pomroy