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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