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Home My WebLink About23-A123 63 Thacher Shore Rd Letter and petition from neighborsOctober 17, 2023 Old Kings Highway Regional Historic District, Town Committee Yarmouth Town Hall, 1146 MA-28 South Yarmouth, MA 02664 re: Objection to Proposed New Construction at 63 Thacher Shore Road To the members of the Old Kings Highway Town Committee, The undersigned voice their further objection to and multiple concerns with the proposed new construction on property located between Gingerbread Lane and Flintlock Way at 63 Thacher Shore Road, a designated scenic road in Yarmouth pursuant to G.L. c. 40, s. 15C. The undersigned consist of full time and long time residents of Gingerbread Lane, Flintlock Way, and the surrounding neighborhood, all of whom share an interest in maintaining our neighborhood's quaint village character and a reasonable expectation that our Old Kings Highway Town Committee ("OKH") will protect that character. As a threshold matter, we recognize that one or more processes have previously occurred involving the acquisition of this land and related proposals to build, as evidenced by a new road and utility lines on the property. As interested parties, kindly provide us with copies of all information and documentation related to this process, including any action by the Planning Board, such as any approvals. It remains unclear to the undersigned whether the execution of any prior approvals has been in conformance with said approvals, such as clear cutting, roadway widening, etc. Of primary significance to the mission of the OKH, as set forth in the Introduction to the OKH Regional Historic Commission Bulletin dated March 1, 2022 ("OKH Handbook"), is the inappropriate scope of the proposed new construction. As proposed, the new structure is "obviously incompatible" with the nearby buildings/homes and, thus, will have a "negative visual impact" in this OKH district. The proposed new structure is not in keeping with our "quaint little village" character and does not "capture an appearance of the past." As proposed, it is incongruous with our neighborhood and the mission of the OKH to protect its character. When determining whether to issue a Certificate of Appropriateness, this Committee is mandated to determine whether the "relative size" of the proposed build is "appropriate" in relation to its "immediate surroundings." OKH Handbook, Section 10. At the OKH meeting on 10/11/23, the person seeking approval, Jinn Basler as Agent (Brian Basler, Owner, not in attendance), represented that the building would maintain "the feel" of the neighborhood. Nothing could be further from the truth regarding the proposed three story new construction. His representation that the building would be 3500 square feet was disingenuous, as it did not include the square footage of the full first floor, represented to be a gym, and the three car garage. The actual build, as proposed, would be approximately 5500 sq.ft. The abutting properties are two story cape -style single family homes in the range of approximately 1200 — 1900 sq. ft. These quaint homes are the "feel" of our little neighborhood, not the proposed behemoth which is way over the scale of its abutters and sharply inconsistent with our beautiful, quiet and quaint neighborhood. Please travel to the proposed build site and look around to confirm the modest size of the properties it abuts. Representation was also made that the proposed new construction was on a two acre tot. This was also disingenuous and a misrepresentation of fact. We understand 63 Thacher Shore to be a 1.86 lot, with a certain amount consisting of land directly behind houses along Rte 6A. This acreage has been beautiful woods behind the very historic homes along 6A for hundreds of years. These woods contribute to the neighborhood charm and any build on this lot must minimize impact on these woods. Though not indicated in the plans, some clear cutting has already occurred; much more will be needed for the proposed huge new construction, completely destroying the ambiance and charm of this neighborhood, with regrettable impact on conservation, local plant and animal species, and an area of suspected wetlands. Abutters' views of woodland will be irreparably altered by allowing the proposed large and out of proportion three story construction virtually in their backyards. Subsequent to the acquisition, without notice to abutters, the builder put in a road within inches of abutters' property lines, with utter disregard of abutters. The abutters invite you to travel up this road and see how close the road is to their patios, decks, backyards and consider its impact on their ability and right to enjoy their property in peace and quiet. Abutters cannot conceive how the proposed construction, and its related use of this new road, will not interfere with their right to quiet enjoyment of their property. Over the past year or so, the neighborhood, but especially the abutters on Gingerbread Lane, have been subject to the noise of this builder's other new construction of an enormous incongruous structure at 33 Thacher Shore Road, and the related incessant large truck traffic on their little lane. With this proposal, trucks will be banging by both the front and rear of their homes, just inches away from their cherished backyard activities. In 2011, a prior owner of this land proposed a new construction on this property. Among the OKH concerns at the time was the size and siting of the proposed construction (a barn to be used as an artist studio/storage that would run with proposed owner's home on 6A but be built close to abutters). According to the OKH minutes of 3/14/11, a former OKH Member "questioned the appropriateness of such a large building in this setting." This issue of scale and size- continues with the current proposal. The inability of emergency response vehicles to access it via the long, narrow ancient way available for a driveway was also of concern. It is unclear to the undersigned whether these issues have been resolved and how, without encroaching on conservation land on one side or property owners' rights on the other. "All plans submitted for approval should be prepared to scale and clearly drawn so the Committee can know from looking at such plans exactly what the applicant intends to do." OKH Handbook, Guidelines, Introduction. An accurate proposal "showing the exact location of the proposed building . . . [and] [i]ndicat[ing] what landscape or planting, if any, is to be done" is needed, as is an indication of "proposed treecutting, clearing and landscaping." OKH Handbook, Guidelines, 7 a. and e. The Plot Plan provided with the proposal for the OKH meeting on 10/11/23 did not meet this criteria; it was also inaccurate as it indicated an inaccurate plot line that encroached well over the property line of a 6A abutter. Interested parties have a right to an accurate and complete description of what is being proposed, which the current proposal does not provide. Multiple abutters and other interested parties who attended the OKH meeting on 10/11 /23 were shocked to learn that OKH was entertaining the possibility of a three story dwelling, with a three car garage, of over 5K sq. ft., with a "sprinkler system" to get around emergency vehicle access concerns, being constructed in our backyard, behind our modest cape -style homes. The undersigned appreciate that the OKH Committee, following public comment at its 10/11/23 meeting, decided to table the proposal, recognizing the extreme concern of all neighbors, but for one, and intimating that a vote at that time may not be favorable to the proposal. We ask that you continue to hear our voices and recognize our valid concerns; the proposed new construction is not to scale with its neighbors' homes - f it is simply further degradation of this quaint neighborhood we all cherish. We understand that certain of the concerns we raised here are not directly within the purview of the OKH and may be better addressed with Fire, Building, Conservation and Health Departments. The concerns are valid, nonetheless, and should be of importance to each of the departments involved in the approval processes so that approvals are not rendered in a vacuum. We moved to this OKH neighborhood believing that the OKH would maintain our neighborhood's charm. We hope our confidence was not misplaced. Do not issue a Certificate of Appropriateness on the current proposal. Too many out of place large homes have recently been built in our surrounding neighborhood; help us maintain the charm of our quaint little village going forward. The applicant's disturbing disregard of abutters and disingenuous presentation on 10/11/23 are factors to be considered. As a way forward, we suggest the builder submit an accurate and complete proposal that conforms in size and scope to the neighboring properties and that includes clear -cutting and landscaping, stake or flag the lot, stake or flag the entirety of the perimeter and height at ridge of the proposed structure to show its footprint so that abutters and interested parties are not required to visualize the proposed structures in the abstract, and consider involving abutters prior to any future formal hearing to avoid unnecessary misunderstandings and continued strong opposition at public hearings. 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