HomeMy WebLinkAbout299 Mayfair Appeal and Court Case 1998 1999TOWN OF YARMOUTH
1 I 40 W A "IT 28 11O1 "I'I I 1 \101a )( Tl I I I M:TP` 0260 1- 1-6
Telephone (508) 398-7231. Exl. 292 --- F:ix l5l)8) 398-2365
OLD KING'S HIGHWAY REGIONAL HISTORIC msi'i;i(:T CONIX11TTEE
To: Robert Lawton, Town Administrator
From: Deborah Gray, OKH Chair
Date: 4/21/2000
Re: Status of the Frank and Jane Thomas/TOY lawsuit
299 Mayfair Road, Yarmouthport, Ma.
The Old King's Highway Committee has asked me to formally inquire as to the current
status of the above mentioned matter. As we understand it, Mr. and Mrs. Thomas do not
have a Certificate of Occupancy, yet they appear to have been living at this address. Has
the lawsuit been "dropped"? Does the town plan future litigation? Can we be of any
assistance?
�Thank you..
4,0
Printed on Recycled Paper
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TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
Telephone (508) 398-2231, Ext. 292 — Fax f508) 398-2365
OI_D KING'S HIGH\ AY REGIONAL HISTORIC DISTRICT COMMITTEE
MEMO
TO: James Brandolini
Building Commissioner
FROM: Tammy Cunninghm
OKHC & YHC Sec e °
RE: Jane & Frank Thomas
DATE: August 3, 1999
As you may be aware, I have resigned from my position as Old King's Highway Secretary and have
accepted a position with the Golf Department.
In regards to the Thomas matter, I have included a list of the Members that reside on the Committee,
so you can contact them to discuss the future proceedings.
If you could also let Deborah Gray, Chairman, know if her presence is required at the pretrial
conference scheduled for August 16, 1999 at 9 a.m.
Thank you for your assistance.
Cc: Robert G. Brown, OKHRHDC Attorney
John Creney, Town Counsel
File
Printed on Recycled Paper
DOCKET NO.
CRIMINAL COMPLAINT 9925 CR 002216 Trial Court of Massachusetts
District Court Department
,DEFENDANT NAME COURT NAME & ADDRESS
'FRANK THOMAS BARNSTABLE DISTRICT COURT
DEFENDANT DOB DATE OF COMPLAINT DATE OF OFFENSE NO, OF COUNTS ROUTE 6A, P.O. BOX 427
7/13/99 99/99/99 2 BARNSTABLE MA 02630=0427
OFFENSE LOCATION POLICE DEPT, OF OFFENSE (508) 375-6600
YARMOUTH YARMOUTH POLICE DEPT.
POLICE INCIDENT NO. rRRESTDATE WARRANT ON COMPLAINT DATE ARRAIGNMENT SCIiEDULED FOR
7/20/99.
The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the
date(s) indicated the defendant committed the offense(s) listed below and on any attached pages.
1. 40C/13 HISTORIC DISTRICT VIOLATION
on 10/27/98 did DID FAIL TO COMPLY WITH CONDITIONS REQUIRED BY THE OLD ICINGS
HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION AFTER NOTICE IN VIOLATION OF
M.G.L. CH40C SEC. 13, contrary to a provision of G.L. c.40C, in violation of
G.L. c.40C, §13. (PENALTY per day of violation: not less than $10, not more
than $500.)
2. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL M [h rhcr�
on 12/8/98 ONGOING did DID OCCUPY IN WHOLE OR IN PART A BUILDING PRIOR TO THE
ISSUANCE OF AN OCCUPANCY PERMIT ISSUED BY THE INSPECTOR OF BUILDINGS IN
VIOLATION OF 780 CMR 120.0 OF THE STATE BOARD OF BUILDING REGULATIONS AND
STANDARDS, in violation of 780CMR 120.0 of the City or Town of YARMOUTH STATE
BOARD OF BUILDING REGULATIONS & STANDARDS. ,. 1
)al lcyc -- juv.,5J&A
clbkY1. -*0 K-kt c
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BEFORE
TO:
TOWN OF YARMOUTH
t1 46 ROt.'TF 28 S01'T1i VAR410UT11 MASSACHUSETTS 0266,i-IA51
Telephone 1;08) 398-2231, Ext. 292 — Fax (508) 398-2365
GILD KINGS HIGHWAY REGIONAL HISTORIC DISTRICT C:OMNIF'TE-E
Attorney John Creney
Town Counsel
FROM: Tanury Cunningham
Old King's Highway Sectretary
RE: Jane & Frank Thomas
DATE: July 21, 1999
I thought I should make you aware that Mrs. Thomas visited my office on Wednesday, July 21,
1999 requesting various copies of her files. Mr. Lawton advised me that I should also provide
you with the same information.
If I can be of any assistance, please feel free to contact me at 398-2231, ext. 292. My office
hours are Monday thru Friday 8:30 a.m. to 12:30 p.m.
Enc.
*I-
11� .IS
-anted on P? cvcied Pacer
THOMAS APPLICATION
On Wednesday, April 23, 1997, the Old King's Highway Committee met and reviewed an
application for a new house at 299 Mayfair Road, Yarmouthport (#4463), Jane &. Frank Thomas.
The Thomas's were not able to be present at the hearing and sent Sarah Mitchell, Jane Thomas's
sister, to represent them. During this meeting the Committee encountered many discrepancies with
the plans and tabled the hearing pending drawings to scale and the presence of the applicants, at the
request of the applicant, until May 7, 1997.
On Wednesday, May 7, 1997, the Committee brought back the Thomas's application for a
new house. Jane Thomas was present for the application and clarified many discrepancies the
Committee had. The Committee discussed the application with Mrs. Thomas and approved of it with
the following amendments; grills in all windows except for the ground and first floor waterfront
elevations, removal of the half round, and two elliptical windows be removed from the front
elevation. Motion made by David Moeller and seconded by Richard Gegenwarth.
The Thomas's reapplied to the Committee for revisions to previously approved new house
plans at 299 Mayfair Road. The Committee reviewed the application at the October 22, 1997 hearing
and learned that there were several modifications made to the plans that were already completed.
Mrs. Thomas explained that they were spur of the moment changes and she was not aware the
changes needed to be approved before work could be conducted. The changes included vinyl siding,
no grills in any windows, two skylights, a window added to the kitchen, a window and door was
added to the garage, two windows added to the cellar, two glass Hankers were added to the living
room window, a new staircase was added to the rear deck, and a triple window was added to the rear
elevation. Betsy Antonellis moved to table the application, at the request of the applicant, pending
a site visit to the house, Deborah Gray seconded.
Th Committee met on Wednesday, November 5, 1997 and removed the application from the
table. Mrs. Thomas was present for the application. Robert Miller, Chairman of OKHC 1997, stated
that when the Committee conducted the site visit they noticed more changes than what was actually
applied for and all of them had been completed. The Committee determined the changes were not
improvements to the property, however, because they had already been completed they were willing
to compromise with the applicant. David Moeller moved to approve, as amended to include the
window with flankers be removed and be replaced with a triple double hung configuration without
a elliptical window on top, walk out slider on the rear elevation to be painted white, grills on rear top
elevation, grills in all windows on the west elevation, shutters and grills in all windows on the north
elevation, addition of a rear staircase, shutters and grills on the east elevation and a beveled glass
front door, and j channels be removed from the vinyl siding, Betsy Antonellis seconded.
The Thomas's appealed the OKHC decision, November 12, 1997, to the OKHC Regional
Commission on the basis they are seeking the review of a decision by the Yarmouth Historic District
Commission denying a Certificate of Appropriateness for alterations to a building at 299 Mayfair
Road. The reason for the appeal is "I feel my living room window is appropriate; no neighbors have
disapproved, it would cost $4000 to remove and replace causing a hardship (2 girls in college; my
neighbor 2 lots over, has a much more elaborate window (copy provided). I also want a fence on
back of my property. I don't want grills on any windows. I want my 2 half circle previously taken
out reinstated. Also, because other neighbors have these. Lastly, I have only one neighbor who loves
my house. My window and grilles are not an easily identifiable visual feature by anyone an definitely
not impact the neighborhood negatively. My neighbors agree." On December 2, 1997 the
Commission heard the appeal (#97-19) with Mrs. Thomas and Robert Miller present on behalf of the
appeal. The Commission determined the following findings the Yarmouth Committee did not act in
an arbitrary, capricious or erroneous manner in denying the Appellant's request for a Certificate of
Appropriateness, nor did the Yarmouth Committee use poor judgement in denying the Appellant's
application for a Certificate of Appropriateness. The appeal was denied.
On Tuesday, July 13, 1999 the OKHC and Mrs. Thomas went before the Court Magistrate
for a Show Cause Hearing. Attending this hearing was William Stone, Assistant Building Inspector,
Deborah Gray, Tammy Cunningham, Betsy Antonellis, Robert Brown, OKHCRHD Attorney, and
Jane Thomas. The Court Magistrate found that there was cause for a criminal complaint and
scheduled an Arraignment for Tuesday, July 20, 1999 at 9 a.m.
On Tuesday, July 20, 1999 Jane Thomas went before the Judge and pleaded not guilty to the
criminal complaint. Attending the arraignment was John Creney, Attorney, William Stone, and
Tammy Cunningham. At this hearing Mrs. Thomas stated she would be representing herself. She
also stated that she wished to represent her husband, who was not present, however, the Judge told
her in the future proceedings Mr. Thomas would have to be present or have an Attorney present to
act on his behalf. A Pretrial Conference was scheduled for August 16, 1999 at 9 a.m.
TOWN OF YARMOUTH
11 16 KOITE 28 BOUT] f YARMOUTf I MAI,,)AC1lt'SETEl 02004-4451
Tekephone (508) 398-2231, Fxt. 292 — Fax (50h) 398-230
CAD KJNG',� k1fG1i1\ AY REGIONAL HISTORIC DISTHICk' (J)M11ITTEE
December 8, 1998
Jane & Frank Thomas
17 Autumn Lane
Merrimack, NH. 03054
RE: 299 Mayfair Road
Dear Mr. & Mrs. Thomas:
After having contact with all said parties and no resolution to the violations listed in the letter, dated
October 27, 1998, I hereby request that you file an appeal with the courts or compliance be made
with the Old King's Highway decision #4463, dated May 7, 1997, and amended on November 5,
1997, upon receipt of this notice.
If a court appeal or compliance with Old King's Highway decision #4463 is not made within the next
seven (7) days, a criminal complaint will be filed with the Barnstable Superior Court House.
If you have any further questions, please contact me at 398-2231, ext. 261. My office hours are
Monday thru Friday, 9:00 a.m. to 11:00 a.m.
Sincerely,
/
William Stone
Assistant Building Inspector
WS/tic
cc: Old King's Highway Committee
Robert Lawton, Jr., Town Administrator
File
Certified # P 617 047 130
P..
r Fmtaa cn Recyclan Pager
TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH NIASSACHUSETTS 0266411451
Telephone (508) 398-2231, Ext. 261 — 1!ax (508) 398-2365
BUILDING DEPARTMENT
October 27, 1998
Jane & Frank Thomas
299 Mayfair Road
Yarmouthport, MA 02675
RE: Notice of Old King's Highway Violation
BUILDING
ELECTRICAL
GAS
PLUMBING
SIGNS
As owners of the property at 299 Mayfair Road, Yarmouthport, Massachusetts, Map 123/Lot A14,
you are hereby notified to remedy the condition named below within thirty (30) days of receipt of this
notice (Sundays and legal holidays excepted) or show cause as to why you should not be required to
do so.
OKHRDC - Sections 6 and 8 Chapter 40, Acts of 1973, as amended.
Installation of two double hung windows with glass flankers, as opposed to triple double hung
windows (no grills) which was requested and approved by the Old King's Highway
Committee.
No grills in the windows on all elevations (except the rear ground elevation) which was
requested and required by the Old King's Highway Committee.
If at the expiration time allowed, this condition has not been remedied and no cause of aforesaid be
shown, such further action will be taken, as the law requires.
Any objection or inquiry in reference to this notice should be filed before the expiration of time
allowed for abatement of the nuisance.
BY ORDER OF THE BUILDING DEPARTMENT & OLD KING'S HIGHWAY
COMMITTEE.
Assistant Building Inspector,
William Stone
Address all communications to:
CERTIFIED MAIL: Z 455 682 749
Town of Yarmouth
Building Department (Attention: OKHC)
1146 Route 28
South Yarmouth, MA 02664
Printed on Recycled Paper
TO:
FROM:
SUBJECT:
DATE:
TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4492
Telephone (508) 398-2231, Ext, 271, 270 — Fax (508) 398-2365
MEMO
Deborah Gray, Chair
Old Kings Highway Committee
Robert C. Lawton, Jr
Town Administra '
Town of Yarmouth vs. Thomas
July 15, 1999
BOARD OF
SELECTMEN
TOWN
ADMINISTRATOR
Robert C. Lawton, Jr.
I would agree with your memo of July 15 and would ask that you contact Attorney Brown
regarding the Thomas matter. It does make sense to have Attorney Brown continue as he
handled the appeal at the regional commission level and regularly litigates Old Kings Highway
matters.
cc: Town counsel
10
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TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
Telephone (508) 398-2231, Ext. 292 — Fax (508) 398-2365
OLD ICING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE
ul 1
TO: Robert C. Lawton, Jr., Town Administrator
FROM: Deborah Gra�j"an, Old King's Highway Committee
RE: Frank & Jane Thomas
DATE: July 15, 1999
The Old King's Highway Committee discussed at its regular meeting the future legal proceedings in
the Thomas matter. The Committee wishes to inform you it is our consensus that the services of
Robert G. Brown, Attorney for the Old King's Highway Regional Commission, be utilized in any way
possible. Attorney Brown has been involved with the matter since the appeal with the Regional
Commission and can provide ample assistance in the Thomas matter.
If you have any questions or concerns, please feel free to contact me.
cc: Robert G. Brown, OKHC Attorney
John Creney, Town of Yarmouth Counsel
James Brandolini, Building Commissioner
Old King's Highway Members
File
Printed on Recycled Paper
TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
Telephone (508) 398-2231, Ext. 292 — Fax (508) 398-2365
OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE
MEMO
TO: Old King's Highway Committee Members
FROM: Deborah Gray, Chairman, OKHC
RE: Jane & Frank Thomas
DATE: July 7, 1999
Bill Stone, Assistant Building Inspector, informed Tammy that he has filed a criminal complaint in
Barnstable Superior Court against Jane & Frank Thomas and a court date has been set for July 13,
1999 at 2 p-m. Tammy and I will be accompanying Mr. Stone at the hearing, however, if anyone else
is interested in attending please let us know.
Also, the legal notice for July 14,1999 did make the publication, so the hearing is still on for that
evening. If anyone is not able to attend the hearing let us know as soon as possible.
DG/tic
�a
Printed on Recycled Paper
TOWN OF YARMOUTH
1146 ROI:TE 28 SOUTH YARMOUTH MASSACHUSETTS il200,i-4451
Telephone (508) 398-2231, Ext. 292 — Fax (508) 398-2305
01-D KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COM.MITTEF
SECOND INQUIRY
TO: James Brandolini, Building Commissioner
r' W-
FROM: Debars Gray, OKHC Chairman
RE: Jane & Frank Thomas, 299 Mayfair Road
DATE: June 10, 1999
The Old King's Highway met on Wednesday, May 5, 1999 and discussed the status of the Thomas
application. Tammy Cunningham, OKHC Secretary, made us aware that she has provided you with
a copy of the file and gave you a brief synopsis of the situation.
The Committee is aware that you are new to the Building Department and still becoming aware of
happenings within the Town, however, the Thomas's have been cited twice and no criminal complaint
has been filed.
If I can help you expedite the process in any way, please feel free to contact me. Also, if you would
be interested in a site visit to the Thomas residence I would be happy to accompany you.
Thank you for your cooperation.
Cc: Board of Selectmen
Board of Health
Conservation Commission
File
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TOWN OF YARMOUTH
i 1 6 KOUTE 8 S() Tl f YARMOUTH 1fr1)SACHUSE17S 0266 i- -451
Td pho3nc (508) 398-2231, Ext, 293 — Fax l i68) 398-2365
OLD KING S HIGHWAY REGIO`AL H15TOR1C; l)15TRICIT CO IMITTU
MEMO
TO: James Brandolini, Building Commissioner
FROM: Deborah Gray, OKHC Chairman
RE: Jane & Frank Thomas, 299 Mayfair Road
DATE: May b, 1999
The Old King's Highway met on Wednesday, May 5, 1999 and discussed the status of the Thomas
application. Tammy Cunningham, OKHC Secretary, made us aware that she has provided you with
a copy of the file and gave you a brief synopsis of the situation.
The Committee is aware that you are new to the Building Department and still becoming aware of
happenings within the Town, however, the Thomas's have been cited twice and no criminal complaint
has been filed.
If I can help you expedite the process in any way, please feel free to contact me_ Also, if you would
be interested in a site visit to the Thomas residence I would be happy to accompany you.
Thank you for your cooperation.
/1 4 k, le 4 -
Prinwo on Recvcled Paper
MEMORANDUM
To: Robert G. Brown, Attorney
Old King's Highway Regional Historic District Commission
From: Robert N. Miller, Chairman
Yarmouth Old King's Mghw egional Historic District Committee
Date: November 29, 1997
Attached are pertin�- ., i:.:;cuments frog-- err, f 0KITR- "i-, "orema *;ee file: relating to ,
_ tal to i heard on December 2, 1997. Tliese -<.. ; 4' u unck-,. ;�nm•�..�+on
Rules and ii i0e M, S":�ti.-I 7.
HIV Vlfl1 4 IV.JJ
Form 9 '
ss ,
'- WE— — Commonwealth
` of Massachusetts
DEP File No. I SE $ -
MD (Ta be provided by DEP)
tt} WrYARMOUTH
tL,
AoDl,cant FRANK & JANE._.THOMAS
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and the Town of Yarmouth Wetland Bylaw
FromTOWN OF YARMOUTH CONSERVATION -COMMISSION Issuing Authority
• • I I FUUMVItent..
Date of Issuance February 3 1998
Property lot!parcel number, address 299 Mayfair Road Yarmouth MA
Extent and type of activity:
vegetation clearing and trimming beyond the work limit line.
The CONSERVATION COMMISSION has determined that the activity described
above is in violation of the Wetlands Protection Act. G.L. c. 131 . §40. and the Regulations prcmulcated pur•
suant thereto 310 ClMR 10.00. because:
U( Said activity has beemis being conducted without a valid Order of Conditions.
Said activity has been. -is being conducted in violation of an Order of Conditions issued to
Frank & Jane Thomas dated May 2$ 1997
Fite number SE 83- . Condition numter(s) 42____
1400
❑ other (spec:fy)
The C'CNSE.RVATION COMMiSSEON hereby orcers the fcl,ewina:
X] The pro; eriy owner, his acents. permittees and all others shall immeciately cease and desist `rcm. fur;ner
ac;:vity affectlrc:t:e wetland portion of this prcpery.
❑ We=.iand atteravions resulting .from said act; itv snail be corrected and the site returned to its crtc:nal cc-:-
d:ticn.
c.;
E'fec^ve
issued by TOWN OF YARMO�TH CONSERVATION COMMISSION
❑ Completed applicationforms and plans as required by the Act and Regulations shall be filed with the
CONSERVATION COMMISSION on or before (date).
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at: COMMISSION OFFICE
❑ The property owner shall take every reasonable step to prevent further violations of the act.
91 Other (specify)
The Yarmouth Conservation Commission will be discussing this issue
at -their regular meeting on February 19, 1998. Your attendance is
requested. Additional trimming or clearing of vegetation will
result in fines or revocation of permits.
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131. Section 40 provides. -
Whoever violates any provision of this section shall be punished by a fine of not more
than twe. ity-five thousand dollars or by imprisonment for not more than two years or both.
Each cay or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: CONSERVATION COMMISSION
Issued by
TOWN OF YARMOQTH CONSERVATION COMMISSION
Signature(s)
Conservation. Administrator
Yarmouth Conservation Commission
665 465
(Signature of delivery person
or certified maii numoer)
CRIMINAL COMPLAINT
1
DEFENDANT. jAME
JANE THOMAS
)EFENDANT DOB
`AA;iNOW"
DATE OF COMPLAINT
7/13/99
UUGKt I NU.
9925 CR 002217 Trial Court of Massachusetts
District Court Department 00
COURT NAME & ADDRESS
BARNSTABLE•DISTRICT COURT
DATE OF OFFENSE NO. OF COUNTS ROUTE 6A,' P.0 ; BOX 427
99/99/99 2 BARNSTABLE MA 02630-0427
)EPT. OF OFFENSE (508) 375-6600-
YARMOUTH POLICE DEPT.
7/20/99
The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the
date(s) indicated the defendant committed the offense(s) listed below and on any attached pages.
1. 40C/13 HISTORIC DISTRICT VIOLATION
on 10/27/98 did DID FAIL TO COMPLY WITH CONDITIONS REQUIRED BY.THE OLD KINGS
HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION AFTER NOTICE IN VIOLATION OF
M.G.L. C.40C/SEC 13, contrary to a provision of G.L. c.40C, in violation of
G.L. c.40C, §13. (PENALTY per day of violation: not less than $10, not more
than $500.)
2. 666666 MISCELLANEOUS MU§IC ORDINANCE/BYLAW VIOL
on 12/8/98 ON did DID OCCUPY IN WHOLE OR IN PART A BUILDING PRIOR TO THE
ISSUANCE OF AN OCCUPANCY PERMIT ISSUED BY THE INSPECTOR OF BUILDINGS IN VIOL.,
in violation of 780CMR120.0 of the City or Town of STATE BOARD OF BUILDING
REGULATIONS AND STANDARDS.
NANT
x
WILLIAM STONE
2:49
X
CLEAK-MAGISTRATE/ASST. CLERK/DEPUTYASST. CLERK
456� oee V,
Old Kings Highway Regional Historic District Commission
P.O. Box 2187, Hyannis, Mass. 02601 Telephone 509-775-5793
NOTICE
The regular monthly meeting of the Old King's Highway Regional
Historic District Commission will be held in accordance with
Chapter 470 of the Acts of 1973 (as amended) at 7:30 P.M. on
Tuesday, December 2, 1997 at the Dennis Senior Center, 1045 Route
134, East Dennis, Massachusetts and the following appeals will be
heard in consecutive order:
Appeal 197--19 filed by Jane Thomas, seeking reversal of the
Yarmouth Committee's denial of a Certificate of Appropriateness for
alterat-:- n z. to a b -4-1 i,ig locatr•c at .39 Mayfair R!• ,.d,
Appeai.197-20 filed by Dens & Cynthia Karuka seeking
seeking rever%Iof the Dennis Comm ttee's denial of a
Certificate oopriateness for a fence to be located at
Rodoalph Way, Dennis; Massachusetts.
Peter L. Freeman
Chairman
SANDWICH
BARNSTABLE
YARMOUTH
Old King's Highway Regional Historic District Commission
P.O. Sox 2187, Hyannis, Mass, 02601 Telephone 508-775-5793
JANE THOMAS
v.
OLD KING'S HIGHWAY
DISTRICT COMMITTEE
YARMOUTH
REGIONAL HISTORIC
FOR THE TOWN OF
Decision
x
y e.
On Tuesday, December 2, 1997 the Commission held a hearing on
Appeal #97-19 filed by Jane Thomas, seeking review of a decision by
the Yarmouth Historic District Committee denying a Certificate of
Appropriateness for alterations to a building located at 299
Mayfair Road, Yarmouthport, Massachusetts.
Present were Marian Reilly, Sandwich; Robert Miller, Yarmouth; Paul
San Clemente, Dennis; Roy Robinson, Brewster; Robert G. Brown,
Commission,Counsel; Jane Thomas, Appellant and several interested
members of the public.
The Committee's decision was filed with the Town Clerk on November
6, 1997. The appeal was entered with the Commission on November
12, 1997 within the 10 day appeal period.
Due to the absence of the Chairman and the fact the appeal arose
from the Vice -Chairman's Committee, the Commission elected Roy
Robinson Chairman Pro Tem to preside over'the hearing.
THE APPELLANT'S PRESENTATION:
Jane Thomas, Appellant, addressed the Commission in favor of the
appeal. She said the first application for this house and been
approved and that she now wanted the window presently in the house.
She said it would cost approximately $4,000.00 to remove this
window and replace it with the window that had been approved. She
asked that the appeal be allowed.
THE COMMITTEE'S PRESENTATION:
Robert. Miller, representing the Yarmouth Committee, addressed the
Commission to explain the Committee's reasons for denial. He said
the appeal should be denied. He said the appeal concerns a new
house at the end of a long driveway. The view from Mayfair Road is
limited, however, the property is visible from Follins Pond. The
application was first heard on April 23, 1997 and was tabled until
1
May 7, 1997. The drawings presented by the Appellant were marginal
and the meeting itself was contentious, however, the application
was approved as amended. The Committee felt that changes were
neclessary to break up the rather monotonous design of the house.
The subsequent application was heard on November 5, 1997. Most of
the changes requested had already been constructed, with the
Appellant having changed the siding to vinyl and also changing the
front door assembly. The window in question looks as if it were
added as an afterthought. The fence requested by the Appellant is
not included in the application for the Certificate of
Appropriateness.
DISCUSSION•
In general discussion, David Moeller, a member of the Yarmouth
Committee, addressed the Commission in opposition to the appeal. He
said the vinyl siding had not been professionally installed and was
very reluctantly approved by the Committee. The window itself
should not be approved.
In discussion among members of the Commission, there was a
consensus that the Committee had sustainable reasons for its
actions and should not be reversed in this instance.
FINDINGS:
The Commission made the following Findings of Fact:
1. That the Yarmouth Committee did not act in an arbitrary,
capricious or erroneous manner in denying the Appellant's request
for a Certificate of Appropriateness, nor did the Yarmouth
Committee use poor judgment in denying the Appellant's application
for a Certificate of Appropriateness. 3-0-1.
2. That the appeal be denied. 3-0-1.
Based on the above findings, the appeal is denied.
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 Cgerk. w6
�yRnsaW"
Chairman Pro Ter ,.
to,
...,.
DC.' R
2
TOWN OF YARMOUTH
1146 ROUTE 28 SOUTH YARMOUTH MASSAC IIUSETTS 02664
Telcphonc• i0 8) 399-2231 — Fax (508) 398-2365
February 25, 1998
Mrs. Jane Thomas
17 Autumn Ln.
Merrimack, NH 03054
Re: 299 Mayfair Rd.
Unauthorized clearing
Dear Mrs. Thomas -
CONSERVATION
CO1MMISSION
As you and I discussed last weeK, the Conservation Commission reviewed the unauthorized work
performed at the above address. The Commissioners excepted my recommendation that
vegetation be replanted in the affected area. The Commissioners would like this work to be
reviewed by them in the form of a "Request For Determination of Applicability". This will
require a public hearing with the Conservation Commission. I am enclosing the application and
instructions. In addition to the application, the Commissioners are requiring the submittal of a
detailed landscape plan showing the types, quantities, and locations of the proposed plantings.
The Commissioners would like this filing within 30 days of the receipt of this letter.
If you have any questions regarding this matter, please contact me at your convenience.
Very truly yours: 7
Bradford L. Hall, Administrator
Yarmouth Conservation Commission
Forth 9
DEP File No. !SE 8
._ Commonwealth
-,= of Massachusetts
_ �=..
COPY
Enforcement Order
(To oe provided by DEP)
c;ty. Town YA R M O U T H
Aool,cant . FRANK & JA'NE THOMAS
Massachusetts Wetlands Protection Act, G.L. c. 131, §40.
and the Town of Yarmouth Wetland Bylaw
FromT6WN OF YARMOUTH CONSERVATION - COMMISSION Issuing Authority
Date of Issuance February 3 1928
Property lotf parcel number. address 299 Mayfair Road Yarmouth MA
Extent and type of activity:
vegetation clearing and trimming beyond the work limit line.
The CONSE_n_VATION COMMISSION has determined that the activity described
above is in violation of t.'1e Wetlands Protection Act. G.L. C. 131 . §40. and the Re_ulations prcmulcated cur•
scant thereto 310 CNIR 10.00. because:
Zk Said activity has been: is being conducted without a valid Order of Conditions.
Said activity has been. -is being conducted in violation of an Order of Conditions issued to . ---
Frank & Jane Thomas dated May 28 , _ 199 7
Fife number SE 83- . Condition nurrcer(s) 9
1400
❑ Other (s::ec:fy)
The CONSE. ;1/A T 1QN COMMISSION hereby orders the fc,lowina:
_. 1 The crcce'iy owner. his acenjS. permlltees ana all others shall immeclate!y cease and dz? is: `rcf i iur;"er
ac::vity atfecnnc.:ne wetland ;:crtlOn of tt�;s crcl;er*.y.
❑ Wetland alterattcns resuitinc',rem said act:vity snail to corrected and t~a site returnej'.o its or'c:^al c�
d..';cn.
c.;
Ef`ec^ve 11110,89
Issued by I VYVIV Vr, tKrTiviu I r-1 :.+IJIVJ"VAV/-►i IWiV \+LiY11VI1JJ1LJiV
0 Completed application'farms and plans as required by the Act and Regulations shall be filed with the
CONSERVATION COMMISSION on or before - (date).
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at: COMMISSION OFFICE
0 The property owner shall take every reasonable step to prevent further violations of the act.
® Other (specify)
The Yarmouth Conservation Commission will be discussing this issue
at -their regular meeting on February 19, 1998. Your attendance is
requested. Additional trimming or clearing of vegetation will
result in fines or revocation of permits.
Failure to comoiv with this Oraer may constitute grounds for legal action. Massachusetts General Laws Chap.
ter 131. Section 40 provides:
Wnoever violates any provision of this section shall be punished by a fine of not more
t1 +ai c twenty-five thousand dollars or by imprisonment for not more Char two years or born.
Each oay or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: CONSERVATION COMMISSC�
Issued by
TOWN OF YARMOLITH CONSERVATION COMMISSION
Signature(s)
Conservation Administrator
Yarmouth Conservation Commission
s_ 455 665 46,5
(Signature of delivery persan
or certified maii numcer)
i�le --.* 4 5� 3 - ee v
thomsapl
Yarmouth Old King's Highway Regional Historic District Committee
Jane Thomas Appeal re. New House, 299 Mayfair Road, YarmouthPort
December 2, 1997
Thank you. For the record, I am Robert Miller, Chairman of the Yarmouth OKHRHD
Committee and present the following on behalf of my Committee for your consideration.
We believe the appeal by Mrs. Jane Thomas regarding 299 Mayfair Road in YarmouthPort
is without justification and should be denied in its entirety. Before explaining our position,
I'd like to briefly describe the setting. This is a new house at the foot of a long steep
driveway and overlooks Follins Pond to the south. The visibility from Mayfair Road is
rather limited. There are neighboring houses immediately to the east and north, none to
the west.
An application by the Thomases for a Certificate of Appropriateness for a new house at the
subject location was first heard on April 23, 1997. Because the Thomases were not
present and because of many questions by the Committee that the agent could not answer,
the application was tabled. At the following meeting on May 7, Mrs. Thomas was present
and discussion on the Certificate was held. Drawings, although marginal in quality, were
available and generally indicated the plan for the house. The discussion was extensive and
somewhat contentious, as the minutes indicate. At the conclusion, the Certificate was
approved but as amended with window grilles being removed on the ground and first floor
of the south (waterfront) elevation and half round windows removed from the east
(front) elevation. The motion carried 4-0-1 with the Chairman abstaining. We understand
that Mrs. Thomas was unhappy with the decision but, although the appeal process was
explained, she chose not to follow through with it. The Committee, in their deliberations,
felt that the chnges were necessary to retain the character of the house. The architecture of
it suggests that grilles in the windows added to the lines of the house and acted to break up
the effect of otherwise bare expanses of glass. The omission of window grilles on the
ground and first floor levels of the south (waterfront) elevation was a concession
recognizing the remoteness of the location, yet we felt that grilles were necessary in
windows on the top level to preserve the lines of the structure. The half round windows, in
our judgment, added nothing to the front (east) elevation and even detracted from
otherwise acceptable lines; hence, the amendment to delete them.
A subsequent application by the Thomases and the one resulting in tonight's appeal, was
heard by the full Committee on November 5. This application, initially heard on October
22, was for very extensive changes to /the original building, now well under construction.
i "n;"I. ^lli [TPTIT n1P.l Y1[! � � � 11 rif�i nil f +� ^n77 RPR� ULA ]iYP.1fT UPPM {41�]AP
TituSL YVu1L VLLL VVly 41Vaely that. most lA JIwL ull, V u Va4 Vll(L1L6%'0 1LLLU [4111 Llµx Vwvll 1LLau%,
and the Committee was really being asked to concur with the changes. These were
substantial deviations from the original plan, e.g. change from shingles and clapboards to
ll 1
7 41
all vinyl siding, change the entire front door assembly, change windows, etc.. Because of
this, the Committee tabled the application and, with the concurrence of Mrs. Thomas,
scheduled a site visit on October 24, with all the members present. In the field and as the p `
pictures before you and taken on that date point out, the changes were indeed extensive;
this visit gave the Committee a visual understanding of the changes and good information
for further discussion which was held at the succeeding meeting on November 5.
Discussion on the merits of these changes continued at that meeting. It must be pointed
out again that these changes were all made before approaching the Committee first and in `--
spite of a document signed jointly by Mrs. Thomas and the Committee Chair on May 7
expressly stating that none would be made without prior Committee approval. p
The Committee deliberated hard and long at the Nov. 5 meeting before reaching a
decision; we finally accepted a number of changes (e.g. all vinyl siding instead of
clapboards and shingles, additional windows, a change in the front door assembly, etc.)
on the basis that they did neither add to nor significantly detract from the original proposal -
approved at the May meeting. We could not accept and therefore denied those listed in the
appeal: }�
-Living room window on south elevation - has in our judgment no architectural
connection to any other elements on that elevation and appears as a
stand-alone component almost added as an afterthought, % ,
- Grilles called for on all elevations except part of the south serve to break up the
large wall expanses which in our opinion need that enhancement.
-Half circle windows (2) on the front (east) elevation, in our collective judgment,
add nothing to the character of the house and actually detract from its M
presentation as the true "front".
-The fence referenced was not noted by the applicant on the cover sheet of the
Certificate of Appropriateness and therefore not picked up and advertised as
such. We felt that approval of this without advertisement would be an
injustice to at least the abutter to the north. Hence it was denied with the
suggestion that it be reapplied for in the proper manner, preferably after
occupancy.
I believe that the Committee, in its 5-0-0 vote, acted within the confines of its authority, l
that we were reasonable, even overly reasonable, in our acceptance of many of the changes h
made without our prior approval and further that the few changes we feel are necessary are
ones entirely substantiable as noted in my earlier comments in that they are required to
uphold the appearance of this house in its present setting.
I've tried to keep my comments brief. They summarize extensive discussions and do not
bring out many points of sharp debate that occurred.
r-
Robert N. Miller, Chairman
Yarmouth Old KirVs Highway Regional Historic District Committee .v
Confirmation Report— Memory Send
Job number
Date
To
Document pales
Start time
End time
Pares sent
Status
Job number : 949-.
Time Jul-15-99 08:13am
Tel line : +5083982365
Name TOWN ADMINISTRATORS OFFICE
949
Jul-15 08:12am
93621125
02
Jul-15 08:12am
Jul-15 08:130m
02
OK
** SEND SUCCESSFUL ***
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FOR APPEAL FILING PROCEDURE
SEE ARTICLE III, SECTION S & S DOCKET NO.
OF THE RULES` AIND PETITION FOR APPEAL
REGULATIONS. DATE FILED ------- __--
Please type or print (for official use only)
Old Kings Highway Rec ion-il Historic District Commission
First District Courthouse. Barnstable, Mass. 02630 Telephone: 617-362 4092
Appellant
VS.
Town Historic District Commission
1. This is an appeal from the above listed town committee's decision (a copy is attached) an
----- 's application for,<�
(appiicantl — -- -- (project)
located at .__tt_!�___—>�Lr.
dated ___®_------_--____ 7___________________ anc[C cpproved / isapproved) by the town's historic district committee on
------------- and filed on -------I/- — �l� T AM Z-VO' OAC MAYFO
date date
2. The reason for this appeal is: - ------ F------ l'f �(�L11/jA,�_al _.,� _TF�_
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����rthgr re lr e ne G %aNt tio! e.D x�2..'rohe') OZAU i �}•� iao4 a ig 14AOr;- !mot,
3. The relationship of the appellant to the sub- :t of appeal is that of �-_/_ n..1 .J_!&/--- __ .--- ---- .�---- __--__-__�_____-
LA-My .� NAVE oNLy OJVI1 NGIrki e U)40 r cam, JKY WINDou
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lappficant!a utter/otheraaggrievcd. arry E � p " y A/6J414 36jU Ake Wks
4. The remedy sought by the appellant is .T.__0..... A.C4Lr'T l_d!!!ib__ SQL 1 Doui I d f!S__1 GL
F__9,9G _'`__,� zIL-c �� _ x __—! RAF C IR�cE �o R -- PAT /u_
2��saytrGl�mitr�e2.ansu;�Wj�ofCL cLo�rptn�rys d jsg� rran�aypIi an ra town committee)
S. 1 hereby certify that I have given notice of this appeal to Town Clerk, Town Committee & applicant, if different.
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data
Appellant's Address
it oesignarea rep. Tel. Number 3_LL��''__i_�_7;,�
Also include name, address & :elephone of designee if appellant is not self -represented.
Must be Filed within it) netvc of filinr, of decision with Town Clerk
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