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HomeMy WebLinkAbout3555-A1 Application to Old King's Highway Regional Historic District Committee in the Town of Yarmouth for a CERTIFICATE OF APPROPRIATENESS Application is hereby made ir,. triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter470, Acts and Resolves of Massachusetts, 1973, for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition - ❑ teratton j" Indicate type of building: El House ❑ Garage ❑Commercial Other ! C 1 1 2. Exterior Painting: ❑ 3. Signs or BZence ards: ❑ New sign ❑ Existing sign El Repainting existing sign 0 ucture: 4. Str❑ Wall ❑ Flagpole ❑ Other M02& C S� oN� [fir Sr�Ut -%'�r}(� I(-) PiTn4 . —a fl� (Please read other side for explanation and requirements). r� _ �+ gy�p�,, I �} TYPE OR PRINT LEGIBLY �=ATE��t"TCMIJIG�; ADDRESS PROPOSED WORK (�A� L� O �`.J „�+ 1U C� Jj�- ASSESSORS MAP NO.III OWNER 1t�i� OF \ (�K O i ASSESSORS LOT NO.� HOME ADDRESS \Jftk.PQ0TH TEL. NO. 1501' i— 2 2 ! x zqo FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). LEE- A=MY,4EQ W37 G µPOI-O EM CONTRACTOR f ADDRESS 06 r ^ / y l /Y DETAILED DESCRIPTION OF PROPOSED WORK: Give all particulars of work to be done (see No. 8, other side), including materials to be used. if sp ificati* do not accompany plans. In the case of signs, give locations of existing signs and proposed iocatior.of ne"igns 2-(Attach additional sheet, if necessary). Signed 12 5' caner -Contractor -Agent Space below tine for CcVTittee use. Received by H.D.C.- Date /�`l} �9 VL Th ' 'cat is her Time By Ge-- Ao,,)roved Disapproved w a. . TW-� 10 APPROVED YARMOUTH COMMITTEE t0179a ❑ IMPORTANT: If Certificate is approved, approval is subject to the 10 day appeal period provided in the Act. ❑ Please return to: Yarmouth Historic District Committee Town Hall, 1146 Rt. 28, South Yarmouth, Mass. 02664 Playground Abuttors Dept. of Public Works Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02673 Mr. & Mrs. Mario Mere 10 Old Church St. Yarmouth Port, MA 02675 Ms. Gladys Russell 8 Old Church St. Yarmouth Port, MA 02675 IMr. & Mrs. Noah Dorius 16 Old Church St. Yarmouth Port, MA 02675 Id' -_ n Er_ C � L+ z J r. l � r sFrank Whelden 417 North Dennis Road Yarmouth Port, MA 02675 Theodore W. Jones Patricia A. Selemen 450 Route 6A 23 Playground Lane Yarmouth Port, MA 02675 Yarmouth Port, MA D: `Horst & Leona Feistel Mrs. Charles Van Dusc P.O. Box 397 17 Playground Lane Yarmouth Port, MA 02675 Yarmouth Port, MA 0: f Richard C. Weckler `Diane Owen Hughes 467 Main St. 455 Main St.- Yarmouth Port, MA 02675 Yarmouth Port, MA 0: ,Sally C. White & Martha E. White 56 Wharf Lane Yarmouth Port, MA 02675 'Lee MilttIs Petroleum, Inc. 125 Jericho Turnpike Jericho, NY 11753 John B. Munroe 126 Dudley Hill Road Pembroke, NH 03275 `Cynthia L. Pouliot c/o K.J. Green & D.H. Blondin 56 Nantucket Ave. South Yarmouth, MA 02664 `Helen D. Dostal 447 Main St. Yarmouth Port, MA 02675 VANUM COMM[M 0KHRQ ol17 I law— TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664 Telephone (508) 398-2231 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE Old King's Highway Committee, meeting 10/17/90: Town of Yarmouth (3555-A) - to seek approval for playground equipment and additional sections of split rail fence to match existing at Route 6A and Old Church Street, Yarmouth Port. Deemer moved/Clark seconded to approve as amended the application for playground equipment and additional sections of split rail fence to match existing at Route 6A, Old Church Street and Playground Lane, Yarmouth Port, with.the following stipulations: 1. That there be a 10' buffer zone from the fence lines. 2. that the all -encompassing area for the playground equipment and sand measure no more than 165'x40' (as defined by the Department of Public Works) and to include the proper safety set -backs. 3. That Forest Green, per sample submitted, be the color of the plastic for the slides and track ride. Further, that a revised site plan be submitted to the OKHC no later than October 25, 1990, showing the juxtaposition of all playground equipment and specifying the green and sandy areas within the total designated area of 1751x50' (measurement includes 10' buffer zones from fence lines), and that the dimensions for each piece of equipment be indicated on said site plan. APPROVED BY VOTE OF 3-2--0. cl w, C3 r r^- 1'ANOUTH COMMITTEE OMRD � O�f7 [gyp TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARIMOUTH MASSACHUSETTS 0266-t Telephone (508) 398-2231 OLD DING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE Minutes - October 17, 1990 The regular meeting of the Old King's Highway Regional Historic District Committee was held on Wednesday, October 17, 1990 in the Community Room, Fire Station #2, 343 Route 6A, Yarmouth Port. MEMBERS PRESENT: Robert A. DiMartile, Chairman; Gordon Clark, Robert A. Deemer, Gary Ellis, David Moeller (Alternate), and Willard Sheppard. ALSO PRESENT: Constance Lobody, Secretary; Ken Munn, Registered Professional Reporter. (See Attacment "C" for list of persoms who addressed the committee.) A quorum being established by the chairman, the meeting was convened at 7:30 p.m. The following new application was acted upon: Town of Yarmouth (3555-A) - to seek approval for playground equipment, additional sections of split rail fence to match existing and additional native shrubbery at Route 6A and Old Church Street, Yarmouth Port. Representing the application were members of the Yarmouthport Playground Improvement Committee (YPZC)--Sandra Femino, Nina Mever, Bob Thacher and Elena Ghioto. The chairman introduced the members of the committee and read portions of the Act relating to the conduct of meetings and responsibilities of committee members and applicants. He informed those present that the committee had talked with Phil Shea, DPW Director, at the playground and seen the staked out play area. Mr. Shea informed the committee that members of the DPW would not be present at this evening's meeting. The chairman read into the record correspondence between the OKHC and the DPW (see "A" & "B" attached.) Femino spoke to the application, noting that the YPZC has submitted Option #1 for the layout of the playground equipment and Forest Green as the color of the plastic for the slides and track ride. The split rail fencing is shown on the site plan. The DPW has indicated that the "native plantings" are not to be a part of this application but will be submitted at a later date. (see "B" attached). OKHC 10/17/90 Minutes/cont. -2- Clark reminded the YPIC that the equipment and buffer areas had to stay within the parameters of 165'x40' (the area which had been determined by the DPW and staked out for today's site visit), but that the site plan, submitted showed an area measuring 185'x40'. Following extensive discussion, the YPIC agreed to revise the site plan to accurately show the placement of the equipment and the buffer zones within the DPW designated space of 165'x40'. In reference to the color of the plastic for the slides and track ride, DiMartile said that he still felt that the use of plastic was inappropriate and asked the YPIC if they would consider a different kind of slide arrangement. YPIC responded that they felt that what had been submitted was the best alternative. Dimartile also said that he continued to feel that the bright color plastic is inappropriate and Sheppard concurred. Various persons spoke in support of or against the appropriateness of the playground equipment, the impact of the new playground on the area and site, the density of the large and small playstructures, and the buffer areas for the sand and grass. (See "C" attached for list of abuttors and others who spoke.) Paul Antonellis, citizen, asked if approval of this application would set a standard for all playground equipment in backyards (swings, basketball hooks, sandboxes, etc.). DiMartile responded that this question has come up before, that the committee views the playground structures for the park area as more than just one swingset in a backyard, and that the OKHC would need to get an opinion from the Commission's legal counsel before they could answer that question. Milton Smith, former OKHC chairman, asked the individual committee members what they felt about the massiveness of the structures and Clark, Deemer and Ellis said they did not feel the equipment was too massive. DiMartile asked the YPIC if they would consider reducing the size of the :pass of the large and small playstructures and Femino responded that substantial changes had been made prior to submitting the original Certificate of Appropriateness and that their answer is "No". In response to comments, Clark asked Pinney if he had any specific constructive criticism regarding the equipment and Pinney said that all his changes are on record with the DPW. Again the OKHC members clarified the area that the DPW had designated for the playground equipment. The chair recognized Pinney and Soleman who read their individual letters into the record. (See "D" & "E" attached OKHC 10/17/90 Minutes/cont. -3- Foll6wing discussion of whether the equipment as laid out in Option #1 will fit into the area designated by the DPW while still providing the safety buffer areas, Clark said that he would like to see the equipment, sand buffer and grass areas specified on the site layout and submitted to the OKHC for its files. There was further clarification of the measurements designated by the DPW which allow for a 10' safety buffer zone. Femino said that she understood that OKHC was concerned that YPIC not compromise safety standards and Clark said that if all the equipment could not fit within the area of 165'x40', something would have to go. There being no further questions or discussion, DiMartile called for a motion. Deemer moved/Clark seconded to approve as amended the application for playground equipment and additional sections of split rail fence to match existing at Route 6A, Old Church Street and Playground Lane, Yarmouth Port, with the following stiupulations: 1. That there be a 10' buffer zone from the fence lines. 2. That the all -encompassing area for the playground equipment and sand measure no more than 165'x40' (as defined by the Department of Public Works) and to include the proper safety set backs. 3. That Forest Green, per sample submitted, be the color of the plastic for the slides and track ride. Further, that a revised site plan be submitted to the OKHC no later than October 25, 1990, showing the juxtaposition of all playground equipment and specifying the green and sandy areas within the total designated area of 175'x50' (measurement includes 10' buffer zones from fence lines), and that the dimensions for each piece of equipment be indicated on said site plan. MOTION APPROVED BY VOTE OF 3-2-0. The minutes herein note that a transcription of the meeting will be on file in the OKHC office. There being no further business, the OKHC adjourned at 9:30 p.m. Respectfully submitted, Constance Lobody Robert A. Deemer Recording Secretary Secretary TOWN OF YARMOUTH Engineering Highway DEPARTMENT OF PUBLIC WORKS Parks & Cemeteries Waste Management SOUTH YARMOUTH MASSACHUSETTS 02664 Water MEMO TO: Old King's Highway Committ e FROM: Phil Shea, Director, DPW �,� DATE: September 17, 1991 SUBJECT: Extension of time for C/A #3 55-A This is to request a one year extension of Certificate of Appropriateness #3555-A, approved 10/17/90, for playground equipment at the 6A playground, Yarmouth Port. APPROVED YARMOUTH COP IOITTEE OKHRO r Printed on Recycled Paper OLD KING'S HIGHWAY REGIONAL HISTORIC DIS72--CT M=TTZE y-SJ /{ram r_ SPECIFICATION SHEET , APPLICANT'S NAME QY✓nDt.0 +"]���FOR: cm nr w�'r e�0a r vr� ou7 h'Po FOUNDATION: NO p COLOR X / SIDING: ;{ r4n COLOR: C� `iEY: Noll es - ROOF MATERLAL : ✓ Vn 1 h Q (o P WINDOWS: TRIH COLOR: DOORS: SHUTTERS: GUrTERS : DECK: C--IRAGE DOORS:. STORH WINDOWS & DOORS: SKYLIGHTS (FLAT ONLY) COLOR: PITCH: �� " „ COLOR: SIZE: C CffDR: - COLOR: COLOR: SIZE: COLOR: SIZE: COLOR: APPROVED COLOR: YARMOUiH COMMITTEE 0 RD 1 hypo SIZE: COLOR: n inn_ , %oWM& .L06A-vu auuacar a rava JJWJ6 ei7e L%)W .R&UaWL16 aucuas aaiuuutssa azra W&WWaa FOR APPEAL FILING PROCEDURE SEE ARTICLE III, SECTION 5 & b DOCKET NO. OF THI}. ULES AND PETITION FOR APPEAL a REI: ►U ATIONS. DATE FILED . Please type or print (for official use only) Tm of Ysmm&J L ing's Highway Regional Historic Distr*-1 Ct"Inmi4ion t�fi,kaH,� t District Courthouse, Barnstable, Mesa, 02850 TelfAitine: 1 g462..t0 2. RICHARD C. WECKLER,- Appellant Via > tv OCT 3 0 1990 OLD KINGS HIGHWAY 0611M I TTEE OF YARM UT9 Town Historic District Commission �This is an appeal from the above listed town committee's decision (a copy is attached) on w u o F A bzn-�vxn owto a..) -�,YARM iTHEOR'T I .AY(,Rnl IND CO "ICI iipAinxition for NFW El AYf;RnI JNn-- QH I PMENT (eppikant) C A (G-, N--r. (Proieal located at ROUTE ,-L.OLU CHURCH IREET AND_ PLAYGROUND LANE., dated r..e-'-' f `I0 and (approved/disapproved) by the town's historic district committee on 90 and filed on a �d da date 2. The reason for this appeal is:._. . FA I I I IRF Q _THF rnMM t � � � i .. • • fi !i r< Iillt►�a/►�l�Rlitit� -auk" A ■!Ar Al ■ '� A► A 1 ■.-. -.• a alp ■ • ! ■ � �� A� � ■ �. � . ���i R � �r�■�trlr�i��ii�� (if further ramarks are needed, attach additional Biz x 11 sheets.) 3. The relationship of the appellant to the subject of appeal is that of . AN ABUTTER TO THE PEOEOSED PROJECT. (applicant/abutter/other aggrieved party) 4. The remedy sought by the appellant is .__A REVERSAL OF THE DECISION. PV_ (reverse) to town committee's dedsion/annulment of Iowa committee's declsionrremnnd application to Town committee) S. I hereby certify that I have given notice Appellant's Address .�?..! of this appeal to Town Clerk, Town Committee & applicant, if different ..ww.w.ww.• /./V F.y, r signature of appellant or designated rep. _ G V­a,_,--��-Ql—��.�4L¢.--- Tel. Number Also include name, address & telephone of desiVee if appellant is not self -represented. Application to C `-' �• / ;;'` ; ► Old King's Highway Regional Histori�Oistr ct C+Mittee r _z: d r� in the Town of Yarmouth for= W { �y CERTIFICATE OF APPROPRIATENESS ation is hereby made in triplicate, for the issuance of a Certificate of A ppropriatenesiun.der �e .tion 6 ,3i Chapter 470, s and Resolves of Massachusetts, 1973, for proposed work as described below and on$lans, drgWings or photographs .companying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition - ❑ teration Indicate type of building: ❑ House ❑ Garage O Commercial tiOther 2. Exterior Painting: ❑ 3. Signs or BJoards: ❑ New sign ID Existing sign [I Repainting existing sign 4. Structure: Fence ❑ Wall ❑ Flagpole © Other QD2/L SPl[1dIV.� p,Lr��'�fL Id MTl,t Fy/5r rtU� (Please read other side for explanation and requirements). j n , TYPE OR PRINT LEGIBLY r r�rDATE � �T�.� E� .. r} )qqo ADDRESS OF PROPOSED WORK�� ��L� O �f1U(� `,j ASSESSORS MAP NO. 1 ` OWNER F ASSESSORS LOT NO. _LJT HOME ADDRESS 1 71TEL. NO.5qp�— 2 2 51 FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners acro�ssyrpu tic street or way. (Attach additional sheet if necessary). G 1c�p0PACTOR tEM ADDRESS Al —3-706' N _6 F if _ �2LiAa.A I-1t;UDI�(,E DETAILED DES ,1PTIOROF PROPOSED WORK: Give all particulars of work to be done (see No. 8, otherside), including F materials to be ed, if 4pVcificatgns do not accompany plans. In the case of signs, give locations of existing signs and Droposed locatidt s of n&-sign�:.(-�ttach additional sheet, if necessary). ✓` Cz::— CV (� # f o a Signed %Z %�J� CL ID CD caner -Contractor -Agent ;pace below line for Commiitease. F lt1FEE ,Ccelvea oy ri.u.u• APPROVED AS AMENDED--- SEE ATTACHED ACTION. Date g/z' 'r p 0 The Certificate is hereby � ' G-a f 0/ 7/1 � time'. 1-7i ,Jate -- NIF doff YARMOUTH COMMITTEE �oprod ❑ IMPORTANT: If Certificate is approved, approval is subject to the 10 day appeal period provided in the Act. )isapproved ❑ Please return to: Yarmouth Historic District Committee Town Hall. 1146 Rt. 28, South Yarmouth, Mass. 02664 � ?�J Playground Abuttors i� Hof Public Works 'Theodore W. Jones n of Yarmouth 450 Route 6A .�.46 Route 28 Yarmouth Port, MA 02675 outh Yarmouth, MA 02673 r. & Mrs. Mario Mere 0 Old Church St. armouth Port, MA 02675 s. Gladys Russell Old Church St. :mouth Port, MA 02675 & Mrs. Noah Darius i Old Church St. irmouth Port, MA 02675 C:` ank Whelden 7 North Dennis Road ` Patricia A. Selemen 23 Playground Lane Yarmouth Port, MA 'Horst & Leona Feistel Mrs. Charles Van Du: P.O. Box 397 17 Playground Lane Yarmouth Port, MA 02675 Yarmouth Port, MA C ! Richard C. Weckler `Diane Owen Hu hes 467 Main St. 455 Main St.- t.cx 7. Yarmouth Port, MA 02675 Yarmouth Port, MA 0 ,Sally C. White & Martha E. White 56 Wharf Lane Yarmouth Port, MA 02675 3 rl Lee Milt Is Petroleum,Inc.R�Y 125 Jericho Turnpike Jericho, NY 11753 m rn .. c Lr. John B. Munroe 126 Dudley Hill Road Pembroke, NH 03275 'Cynthia L. Pouliot C/o K.J. Green & D.H. Blondin 56 Nantucket Ave. South Yarmouth, MA 02664 ;`Helen D. Dostal 447 Main St. Yarmouth Port, MA 02675 1 I ft AMWJM YARMOU H COMMITTR 1 �l J HAD„1+ r'� - y � CD-11 ,T1 R� C=) OWN OF YARM UC.-,T1 ._ . J ROUTE 28 SOUTH YARMOUTH mmiFAcHusE nts 02664 Telephone (508) 398-2231 KING'S HIGHWAY REGIONAL. HISTORIC DISTRICT COMMITTEE Old King's Highway Committee, meeting 10/17/90: Town of Yarmouth (3555-A) - to seek approval for playground equipment and additional sections of split rail fence to match existing at Route 6A and Old Church Street,.Yarmouth Port. Deemer moved/Clark seconded to approve as amended the application for playground equipment and additional sections of split rail fence to match existing at Route 6A, Old Church Street and Playground Lane, Yarmouth Port, with the following stipulations: 1. That there be a 10' buffer zone from the fence lines. 2. that the all -encompassing area for the playground equipment and sand measure no more than 165'x4O' (as defined by the Department of Public Works) and to include the proper safety set -backs. 3. That Forest Green, per sample submitted, be the color of the I plastic for the slides and track ride. Further, that a revised site plan be submitted to the OKHC no later than October 25, 1990, showing the juxtaposition of all playground equipment and specifying the green and sandy areas within the total designated area of 175'x5O' (measurement includes 10' buffer zones from fence lines), and that the dimensions for each piece of equipment be indicated on said site plan. APPROVED BY VOTE OF 3-2-0. cl A True Copy Attest: Kathleen D. Jo son `: r Z:) Town Clerk/ Treasurer MCL I..' V7 c a Town of Yarmouth LC October 30, 1990 _ Pages:1-3 �+ N ice; Y v C=' � ; APPROVED c� YARMOUTH COMMITTEE 70cf 4 SANDWICH HAPHSTABLE YAn1AOVTH Old Kings Highway Regional Historic District Commission P.O. Box 279, Hyannis Mass. 02601 'Telephone: 617-775-176G RICHARD C. WECKLER V. Decision #90-15 OLD J DISTRICT' COMMITTEE FORS HIGHWAY ITHELTOWNTOFIC r' C YARMOUTH ' j o Vf/p{ On Tuesday, November 20, 1990 the Commission held a ndAr-ing, Appeal #90-15 filed by Richard C. Weckler seeking reversal of a decision by the Yarmouth Historic District Committee which had approved a Certificate of Appropriateness for new playground equipment to be located at the intersection of Route 6A, Church Street and Playground Lane, Yarmouthport, Massachusetts. Present were Brendan Joyce, Dennis; Robert Deemer, Yarmouth; Janet Francis, Brewster; Peter Freeman, Barnstable; Christopher Miner, Orleans; Allen Abrahamson, Sandwich; Robert G. Brown, Commission Counsel; Richard C. Weckler, Appellant and many interested members of the public. The Committee's decision had been filed with the Town Clerk on October 26, 1990, and the appeal entered with the Commission on October 30, 1990, within the ten day appeal period. Richard C. Weckler addressed the Commission in favor of the appeal. He stated that approval of this Application would set a dangerous precedent for the District and that there would be an overwhelming visual imbalance if the Committee's decision is upheld. He said that at the time of the hearing the plans had not been reviewed by the Building Inspector and that there was some question as to whether the plans met the Building Code. He stated that the meeting was ill run and that when he tried to put forth these concerns he was told that they were public safety issues that were beyond the purview of the Committee. He objected to the tone of the rneeL..,L,ag where it appeared that L..1r. Commit -tee had accepted the fact that the playground was to remain and never considered the overall issue of appropriateness. He asked that the decision of the Yarmouth Committee be reversed. Robert Deemer, representing the Yarmouth Committee, addressed the Commission to explain the Yarmouth Committee's reasons for approval. He distributed pictures and elevations of the proposed project and also distributed a complete transcript of the proceedings before the Yarmouth Committee. He said that each case is decided on its own merits and that the use of plastic in this instance will not set a precedent. He said that the area had been deeded to the Town of Yarmouth in 1928 to be used as a common and playground. It is essential to preserve that part of the heritage -1- a ,3 sss-- SANC61CH DEN HIS BARNSTABLE BREWSTE - YARMOIJ N ORLEANS / T Old King's Highway Regional Historic District Commission P.O. Box 279, Hyannis Mass. 02601 Telephone: 617-775-1766 CID 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, November 20, 1990 at the Dennis Senior Center, 1045 Route 134, East Dennis, Massachusetts and the following appeals will be heard in consecutive order. Appeal #90-13 filed by Michalis 1. Macheras seeking reversal of the Barnstable Committee's denial of a Certificate of Exemption for the construction of a new house and garage to be located at Lot #6, Sophia's Way, West Barnstable, Massachusetts. Appeal #90-14 filed by Richard C. Weckler seeking reversal of the Yarmouth Committee's approval of a Certificate of Appropriateness to the Town of Yarmouth for new playground equipment to be located at the intersection of Route 6A, Church Street and Playground Lane, Yarmouthport, Massachusetts. Peter L. Freeman Chairman PLEASE PUBLISH ON MONDAY, NOVEMBER 12, 1990 and send bill and proof of publication to: Janet Hubbard, Assistant Treasurer Barnstable County Treasurer's Office Superior Court House RMEL Main Street -Route 6AawayBarnstable, Massachusetts 02630-, ?� NOV 13 1990 Appellont's Address FOR APPEAL FILING PROCEDURE 10 SEE ARTICLE III, SECTION S 3 S DOCKET NO. REFGu�cE RULE AND PETITION FOR APPEAL DATE FILED 10 bol1z) Please type or print (for official use only) Old King's Highway Regional Historic District Commission FLMt Dlstrlet Courthouse, ftrustable, Maas. 92W Telephonst 1i174ti?4M _ RICHARD C. WECKLERt__ Appellant vs. OLD KINGS HIGHWAY OOMM I TTEE OF YARMOUTH Town Historic District Commission 1. Pis is an a peal from the above listed town committee's decision (a copy is attached) on ( % ,/jai O/ ! 0l,, >?cv'il/ A LI 1 T�jil�atien for _ NFL,! -Pl Y-Mailul}EQU I PMENT - - -- (applicant) (r l o.l,7-) iW4114cl1 located at ROUTE gA OLD �UUBLH_STR T alln PLAYGROUND LANE. _. dated � 2 /1 and (approved/disapproved) by the town's historic district committee an L' f _ 0 l and filed on /d� date date . 2. The reason for this appeal is: _.�_.EA I I I IEE S ...T.LLE-.MLUL1 F L10 t; 11/F P RM E R CON S I DE RA T MIN 1■l1aaV1■LLiJ��I� - (if further ramarks are needed, attach additional Va x 11 ,heed.) 3. The relationship of the appellant to the subject of appeal is that of AN _ABUTTER TO THE _ .P..EQPO-SEQER0,lECT. - (appllunt/abutter/other aggrieved party) 4. The remedy sought by the appellant is .._..__.rl RFVERSAL OF THE DECISION. (ravwui to town committee's decision/annulment of tow-1 committee's decieioniremand application to town committee) 5. 1 hereby certify that I have given notice of date this appeal to Town Clerk, Town Committee & applicant, if different. signature of apoeitan► or dasionated ran. Also include name, address & telephone of designie( if appellant is not self -represented. Tel. Number3=� Must be filed within 10 Days of filing of decision with Town Clerk Application to Old King's Highway Regional Historic District Committee in the Town of Yarmouth for a CERTIFICATE OF APPROPRIATENESS Application is hereby made in triplicate, for the issuance of a Certificate of Appropriateness under Section 6 of Chapter 470, Acts and Resolves of Massachusetts, 1973. for proposed work as described below and on plans, drawings or photographs accompanying this application for: CHECK CATEGORIES THAT APPLY: 1. Exterior Building Construction: ❑ New Building ❑ Addition - Uteration Indicate type of building: ❑ House ❑ Garage ❑ Commercialther i j 2. Exterior Painting: 3. Signs or Bil boards: ❑ New sign ❑ Existing sign ❑ Repainting existing sign r 4. Structure: Fence ❑ Wall ❑ Flagpole ❑ Other AQD177(26L C SP. 8diVS dl S 41 r-Lt f1- ]i gamil rcd6 rti (Please read other side for explanation and requirements). TYPE OR PRINT LEGIBLY (Please I�'Tyl=���+ �Z ( Iq q ADDRESS OF PROPOSED WORK L' �✓ �I I� CIT `,AS I I ` ASSESSORS MAP NO. OWNER 10t0tJ Or JF1KH60-,H ASSESSORS LOT NO. l HOME ADDRESS L41T TEL. NO. 6/6 ' 2.� 1 ! x zqo FULL NAMES AND ADDRESSES OF ABUTTING OWNERS. Include name of adjacent property owners across any public street or way. (Attach additional sheet if necessary). EF i )-1 S I Gi"ip�U�PC lit°R ADDRESS =3�0� N �1 F� DETAILED DES 3C RIPT10g OF PR f1OSED WORK: Give all particulars of work to be done (see No. 8, other side), including materials to be Kod, if � cificati.(Ins do not accompany plans. In the case of signs, give locations of existing signs and proposed locations of nd;)osigns..(#ttach additional sheet, if necessary). re OHNIItiGE c_' Space below line for CprnmittepDse. ', _:r: Signed /z �� y caner -Contractor -Agent Received by H/.D.C. r- APPROVED AS AMENDED— SEE ATTACHED ACTION. Date r 9 n Time The Certificate is hereby ' 1 L� '!�, ate Jo / 7/1 0 AL, roved ❑ IMPORTANT: If Certificate is approved, approval is subject to the 10 day appeal period provided in the Act. Disapproved ❑ Please return to: Yarmouth Historic District Committee Town gall, 1146 Rt. 28. South Yarmouth, Mass. 02664 L Playground Abuttors 2pt. of Public Works =n of Yarmouth L�46 Route 28 South Yarmouth, MA 02673 Ir. & Mrs. Mario Mere .0 Old Church St. 'armouth Port, MA 02675 Is. Gladys Russell Old Church St. :mouth Port, MA 'Theodore W. Jones Patricia A. Selemen 450 Route 6A 23 Playground Lane Yarmouth Port, MA 02675 Yarmouth Port, MA 0 `Horst & Leona Feistel Mrs. Charles Tan Dus P.O. Box 397 17 Playground Lane Yarmouth Port, MA 02675 Yarmouth Port, MA 0 i Richard C. Weckler 'Diane Owen Hu hes 467 Main St. 455 Main St.- �c k a Yarmouth Port, MA 02675 Yarmouth Port, MA 0 Sally C. White & Martha E. White 56 Wharf Lane Yarmouth Port, MA 02675 ,Lee Milt's Petroleum,lnc. 02675 125 Jericho Turnpike Jericho, NY 11753 Ir. & Mrs. Noah Dorius John E. Munroe 6 Old Church 5t. 126 Dudley Hill Road armouth Port, MA 02675 Pembroke, NH 03275 'Cynthia L. Pouliot C/o K.J. Green & D.H. Blondin CC11", 56 Nantucket Ave. !.!.: r*i-�? South Yarmouth, MA 02664 �. N r: `Helen D. Dostal 447 Main St. Yarmouth Port, MA 02675 :a rank Whelden 17 Nnrt-h nc3nni c Rn7[q NTRM YARMOUTH commis IV l � RD !7 �y W. 3- �r TOWN OF YARMOUTH 1146 ROUTE 28 SOUTI I YARNIOUTII MASSACI IUSETTS 02664 Telephone (508) 398-2231 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE Old King's Highway Committee, meeting 10/17/90: Town of Yarmouth (3555-A) - to seek approval for playground equipment and additional sections of split rail fence to match existing at Route 6A and Old Church Street, Yarmouth Port. Deemer moved/Clark seconded to approve as amended the application for playground equipment and additional sections of split rail fence to match existing at Route 6A, Old Church Street and Playground Lane, Yarmouth Port, with the following stipulations: 1. That there be a 10' buffer zone from the fence lines. 2, that the all -encompassing area for the playground equipment and sand measure no more than 165'x40' (as defined by the Department of Public Works) and to include the proper safety set -backs. 3. That Forest Green, per sample submitted, be the color of the plastic for the slides and track ride. Further, that a revised site plan be submitted to the OKHC no later than October 25, 1990, showing the juxtaposition of all playground equipment and specifying the green and sandy areas within the total designated area of 175'x5O' (measurement includes 10' buffer zones from fence lines), and that the dimensions for each piece of equipment be indicated on said site plan. APPROVED BY VOTE OF 3-2-0. c 1 A True Copy Attest: r Kathleen D. Johnson Town Clerk/ Treasurer C7 Town of Yarmouth October 30, 1990 CL z Pages:1-3 rtr \0 it o s: C-, �= J APPROVED Q ' # YARMOUTH COMMITTEE OI�HRD� „ n 17 Informational packet for 10/20/90 hearing of Appeal #90-14 filed by Richard C. Weckler seeking reversal of the Yarmouth Committee's approval of a Certificate of Appropriateness (#3555-A) to the Town of Yarmouth for new playground equipment to be located at the intersection of Route 6A, Church Street and Playground Lane, Yarmouth Port, Mass. Attachments 1/10/90 OKHC Minutes - Informal hearing re playground. 3/21/90 OKHC Minutes - OKHC comment re proposed upgrading of playground. 4/4/90 OKHC Minutes - OKHC comments on DPW Director's memo re playground. 4/18/90 OKHC Minutes - Weckler/Phinney/Coggeshall/Sharpiro Certificate of Appropriateness #3514 denied w/o prejudice --applicants not owners of property. 8/8/90 OKHC Minutes - Town of Yarmouth Certificate of Appro- priateness #3555 tabled to 8/22/90. 8/22/90 OKHC Minutes - Town of Yarmouth Certificate of Appro- priateness #3555 denied by vote of 2-2-0. 10/4/90 OKHC memo to DPW Commissioners re 10/17/90 hearing. 10/16/90 response to above memo from DPW Director. 10/17/90 OKHC Minutes - Town of Yarmouth Certificate of Appro- priateness #3555-A approved by vote of 3-2-0. 10/17/90 OKHC Meeting - Transcipt of meeting. 10/25/90 OKHC Minutes - Receipt of requested revised site plan of playground showing location of structures and appended 10/17/90 Weckler letter. 1/10/90 OKHC Minutes/cont. _Exterior Lighting of Barnstable County Mutual Fire Insurance Co., 108 Hallett Street, Yarmouth Port - DLX-artile reported that he has received three complaints about the new floodlights on the building; that the lights are intruding on the interior of abutting homes and that they are detrimental to drivers on Route 6A. He also reported that the lights are in violation of the zoning bylaws. Follow- ing discussion of the complaints, the committee agreed that the Building Inspector request that a Certificate of Appropriateness be filed by the owner. Crook Jaw Inn, 186 Main St., Yarmouth Port - The chairman reported that George. Spagnolia, owner of the Inn has spoken to him informally about plans to convert his barn into a gift shop. Ellis raised a question about the zoning laws. The committee suggested that Mr. Spagnolia request an informal hearing and the chairman will contact him. Resignation of Sign Inspector, Dan Braman - The chairman reported the 12/31/89 resignation of Dan Braman and said that a letter of appreciation has been sent to him. The Building Department has advertised to fill the position. Historical Commission - The secretary reported for Betsy Antonellis that the Commission is pursuing with the Mass. DPW the possibility of signs on Route 6 at exits 7 & 8 indicating "Entering Historic Districts", and that the OKHC's support would be appreciated. Committee members concurred with the Commission. January -July 1990 OKHC meeting schedule - Distributed for information. Mid -Cape Associates Trust {Crocker & Flinstrom commercial development at 947 Route 6A, Yarmouth Port - The committee discussed the railings and ramp which have been added to this property without application to OKHC and agreed to request the Building Inspector to check the application approved 5/4/88 and verify changes which have not come before the committee. INFORMAL HEARING: The committee recessed at 8:25 p.m. to meet informally with Nina Meyer to discuss the proposed new playground equipment for the park on Route 6A between Old Church Street and Playground Lane, Yarmouth Port. Following discussion the consensus of the committee was that it would have no objections to the upgrading of the property. Ms. Meyer was advised, however, that any plans to replace existing fencing or add to it would have to come before the committee on the appropriate application. The committee reconvened at 8:40 p.i ADJOURNMENT: There being no further business, the committee adjourned at 10:00 p.i Respectfully submitted, Constance Lobody Robert A. Deemer Recording Secretary Secretary I� 3/21/90 OKHC Minutes/cont. -5- 2. Playground upgrading, Route 6A, Old Church St. & Playground Lane, _Yarmouth Port - The committee discussed the proposed upgrading and a consensus reached voted to inform the DPW Commissioners as follows: "If the picture as shown in the March 8, 1990 Register is what is to be built, the OKHC feels that the magnitude of this project would change the character of the Historic District and would consider it a structure for which the DPW would need to file a Certificate of Appropriateness application. (See Appendix A) 3. Cape Cod Commission Act Seminar, 3/9/90 - Ellis & Sheppard reported. 4. Press Release to Yarmouth Sun - The committee approved the proposed press release to the Yarmouth Sun for publication on 3/28 or 4/4/90. (See Appendix B) ADJOURNMENT: The committee adjourned at 11:00 p.m. Respectfully submitted, Constance Lobody Robert A. Deemer Recording Secretary Secretary TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH IN ASSACHUSETTS 02664 MATTAChI££S Telephone (509) 398-2331 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE March 22, 1990 Mr. Mark Galkowski Mr. Leo Hurley Mr. Donald Potter DPW Commissioners Department of Public Works 1146 Route 28 South Yarmouth, MA 02664 Gentlemen: APPENDIX "A" 3/21/90 OKHC Minutes The Old Kimg's Highway Committee, meeting March 21, 1990, discussed the proposed upgrading of the playground located at Route 6A, Old Church Street and Playground Lane, Yarmouth Port., and voted to inform the DPW Commissioners of the consensus reached. In accordance witr- the rules of the Act, Section 10, Powers, Functions and Duties, the Old King's Highway Committee passes upon the appropriateness of exterior architectural features of buildings and structures, determining whether suc appi-4cation may be approved without substantial detriment or derogation to the ].ntent and purposes of the Act. In passing upon appro— priateness, the cc=ittee considers design, arrangement, texture, material and color or the features of the building or structure, as well as the setting. Therefore, if the picture as shown in Che March S, 1990 Register is what is to be built, the Old King's Highway Committee feeis that the magnitude of this projec_ would change the character of the Historic District and would consider it a structure for which the DPW would need to file a Certificate of :appropriateness application. Sincerely, Robert A. D21artile Chairman E ilmI cc: Phil S^ea, DPW Director Robert C. Lawton, Jr. Forrest White OKHC 4/4/90 Minutes/cont. -5- y, 2. Memo from DPW Director re playground equipment at Route 6A/Church St. (see Appendix A) - The committee discussed the memo and the following comments will be included in DiMartile's reply to Shea: Item #1 - Yes, the OKHC will require a full design with an application for a Certificate of Appropriateness for the playground. Item #2 - Yes, the OKHC will require the same for other changes to this area (i.e., plantings, fences, benches, etc.). Item #3 - The OKHC will act on any application that is submitted. (See T2 of DiMartile's 3/22/90 letter to the DPW Commissioners.) Also, once the OKHC has determined that there is a structure to rule on, then it will do so in accordance with the regula- tions of the Act and its guidelines. Item #4 - Yes, the OKHC has required approvals (applications) from others in the historic district such as BSA, Camp Wingate -Kirkland, etc. Item #5 - See DiMartile's 3/22/90 letter to the DPW Commissioners. DiMartile said he would consult with the OKHRHD Commission's attorney as to who can apply for a Certificate of Appropriateness for structure(s) on property owned by someone other than the applicant(s). The attorney s response will be reported back to this committee. 3. Questions raised by Building Department re necessity of filing Certificates of Appropriateness - The Building Inspector has raised questions as to whether or not OKHC will require applicatins for the following. (The committee's responses are noted below.) T.V. satellite dishes --roof or ground mounted? Yes, file C/A. On the ground swimming pools? Yes, file C/A. Roof mounted metal turbines? Yes, file C/A. 4. King's Way applications - Following discussion it was agreed that the secretary would routinely request of any King's Way applicants a copy of the King's Way Trustees' approval letter for renovations, additions, etc. INFORMAL HEARING: Matt Dacey requested an informal hearing and the committee recessed briefly following action on his requests for changes to previously approved plans (see pg. 4). The committee discussed the proposed free-standing signs which will identify German Hill Estates. Consensus was that one sign would be preferable and that less wording on the sign would be desirable. ADJOURNMENT: The committee adjourned at 11:00 p.m. Respectfully submitted, Constance Lobody Robert A. Deemer Recording Secretary Secretary 4/4/90 UKHG Minutes — Appendix "A" TOWN OF YAR OUTS tAr Mr ESE utOaCORA1 LOOG'S`C SOUTH YAR�iOUTH MASSr1CHUSETTS {?366-� Water MEMO J To: Robert DeMartile Chairman 'APR 4 1990 Old King's Highway Committee From: Philip B. Shea Director, DPW y DEPARTMENT OF PUBLIC WORKS Subject: Playground Equipment at Route 6A/ Church Street.. Date: April 4, 1990 The Department of Public Works Commissioners are in the process of analyzing correspondence from many sources concerning the possible gift of playground equipment or the cash for same at the Route 6A/Church Street Playground. Your recent letter indicated that the Old King's Highway may wish to take formal action on this matter. Being Town property managed by the Department of Public Works I would appreciate answers to the following so as to be better informed in recommending to the Commissioners: 1. Will you require a full design with an application for a Certificate of Appropriateness for the. Playground? If not what is required? 2. Will you require the same for other changes to this area? (i.e. plantings, fence, benches, etc.) 3. Will you be treating changes concerning playground equipment on private property the same as Town property? 4. Have you historically required approvals from others in the District such as Boy Scouts of America, Camp Wingate -Kirkland, Bass Hole or on single house private property? Highn�a} En4ineering ' Parks 3: cemeteries \X•aste �Eanagement r4/18/90 OKHC Minutes/cont. -2- Robert D. & Pamela R. Tolle (3502-A) - to seek approval for fencing at 50 Whistler Lane, Yarmouth Port. M/M Tolley were present. Following dis- cussion, Sheppard moved/Ellis seconded to approve the application as submitted. APPROVED. Brian D. Basler (3512) - to seek approval for a new house with garage, deck and skylight at 18 Damaris Drive, Yarmouth Port. Basler was present to speak to the application. Ellis commented that the dormer was not stepped in but did have false jets. Sheppard & DiMartile said that they felt that the dormer should be stepped in. A question was also raised about the use of horizontal ballisters on the deck. The applicant was also requested to indicate the size of trim on the specification sheets. Following discussion, Sheppard moved/Ellis seconded to table the application to May 2nd in order to give the applicant time to consider changes to the plans. TABLED TO 5/2/90. Richard Weckler, Stephen Phinney, Chester Coggeshall and Margaret Shapiro (3514) - to seek approval for new playground equipment and fencing, plantings and landscaping at the Common and Playground on Route 6A, bounded by Old Church Street and Playground Lane, Yarmouth Port. Weckler was present. DiMartile referred to the 4/13/90 letter he sent to the applicants in which he states that since the DPW represents ownership of the site but is not the author of the proposal, the committee will have to act to deny the application without prejudice. Weckler submitted a letter to OKHC respond- ing with understanding of the situation. Following discussion, Sheppard moved/Deemer seconded to deny the application without prejudice because the applicants do not represent the owner of the site. UNANIMOUSLY DENIED WITHOUT PREJUDICE. Gary Shapiro, M.D. (3190-C) - to seek approval for wrought iron style fencing and to extend picket fencing at 441 Main Street, Yarmouth Port. Following review, Sheppard moved/Ellis seconded to approve the application as submitted. APPROVED. NOTE: Since Gary Ellis had to step down during consideration of the following Northside Design applications-43511, #3513 & `62928-C--a quorum to act on these specific applications was not reached until 9 p.m. when Robert Deemer arrived. Garv_ Shapiro, M.D. (2928-C) - to seek approval for addition to garage at 441 Main St., Yarmouth Port. Bill Mullen, contractor, and Gary Ellis represented the application. Following review, Sheppard moved/Deemer seconded to approve the application as submitted. APPROVED. Historical Society of Old Yarmouth and U.S. Government Postal Services (3511) - to seek approval for handicap ramp for post office at 237 Hallet Street, Yarmouth Port. Luther F. Long, contractor, and Postmaster Bill Looney were present. Following discussion, Deemer moved/Sheppard seconded to approve the application as submitted. APPROVED. Amy C. Harris (3513) - to seek approval for additions/alterations to garage at 15 Pine Street, Yarmouth Port. Ellis represented the application. Following discussion, Sheppard moved/Deemer seconded to approve the application as submitted. APPROVED. OKHC 10/25/90 Minutes/cont. -5- APPROVAL OF MINUTES: The minutes of October 3, 1990 were approved as previously distributed. OTHER BUSINESS: 1. Town of Yarmouth (_Yarmouth Port Playground Committee (3555-A). No members of the Y.P. Playground Committee were present. Abuttors Steve Pinney and Patricia Selemon were present. The committee received and reviewed the revised site plan which showed the positioning of the playstructures and safety buffers. DiMartile noted that the site plan does not show the green or sandy areas, nor does it indicate the dimensions of each piece of equipment as had been requested by the OKHC. Pinney & Selemon expressed concern about the safety buffers and Deemer said that this was beyond the purview of the OKHC, but that there is a statement on the revised site plan indicating compliance with safety standards. Questions regarding safety issues should be addressed directly to the DPW. DiMartile said that based on the site plan the approved playstructures can fit within the approved area, but that if there were any changes in repositioning the equipment they would have to come before the committee. Deemer moved/Sheppard seconded that the minutes show that the additional information requested with the approval of #3555A has been accepted as submitted. APPROVED. The OKHC noted receipt of the 10/17/90 letter from Richard C. Weckler, abuttor to the Common and Playground at Route 6A/Old Church Street/Playground Lane, Yarmouth Port, stating that "the new equipment is not appropriate at this historic site...." (Letter on file in OKHC office.) 2. Regarding Building Department's request re stone wall across front of the Roth property at 137 Thacher Shore Road, Yarmouth Port, the secretary was instructed to notify the Building Inspector that the consensus of the committee is that this stone wall is appropriate within the historic district. 3. OKHC election schedule: 10/30 or 11/7 - notice in Yarmouth Sun Nov. 13 - nomination papers' deadline Nov. 20 - OKHRHDC list of nominees in Sun Nov. 27 - election (Precinct 1) ADJOURNMENT: There being no further business, the committee adjourned its meeting at 10:30 p.m. Constance Lobody Recording Secretary Respectfully submitted, Robert A. Deemer OKHC Secretary Town a1 Ya ay c REZ1!,�,,___MI;K9u _4S kk'way ConrcW OCT 18. Oct.1,'. 4c�cl. ,...,� 467 Main St. "iarMOLtth. Ma. To. OLD P:: I NGS H I GHWW' REGIONAL HISTORIC DISTRICT YARMOUTH HISTORIC DISTRICT COMMITTEE. .Dear Ci r. As an abutter tc, the Common and PlaVCWOLtnd located at Route 6A and Old Church St-reet and Plaun_round Lane in the town of `rarmouth.IL have considered the Proposral to r~emci e the °resent traditional Q.laVgt-Ound ePLtiPment and replace it with reot..tipment of ;t new and radical desagn. I do not bel:i2ve the new =at.tipment. is .7.PPropriate at this historic cite r:o,r^ the followinq reasons. Fi-st, the area. in 9UOstion was onc= the centor of the illage of Yar,mo?..tth and as such merits special prnt,ec*;lon an,a.:i.nst chr.ncies that would alter the historical integrt, of this landmark:. Secr:Dnd.the traditional buildings around this Common share a r_ohe=ive and tamilar presence with the ar^een sPace that is the rPSLtlt of a gradual eVOIUtion over ._5^ vears. They form the-ettinq that we have come to preserve as the best in the historic tradition of Old `r'armouth in 13arnstable County. To introduce a dramatic -hinge in that relationship between Common and the historic houses PLt4_ the entire CUItural significance of the settinq a-'t risk:. Third, the introduction of large structures creates a i W�_tal presence that can, as in the Town of Andover. cr e.ate an en.viorment:al threat to the historic setting. F ina.l l = , `h,is =mail frrtgment of our Past cannot sLlstaa n z;.nfuther^ intrusion into its r^emaininq green spacr=.and -:tnt= attemp4- to hide it by a Te!w plantings WOLild be as r ff?cti Y'E ws o tri ng an _lephant with a fiq leaf. I hope the committee members will seek: to Preserve and protect our remaining hi storical settings. `verve Tt'U 1 Y Yours, W _7 k- e Y` u r.A% .._ :" 11t(�It{)L'TE:2R ti{)['Tf115,R.tif<)f TLi 1L1i5�CEI['S1:"i'TS()1(�h: MA7ACME E.S �, Teiephonr (508) 398-2231 L._ pAonRt« OLD KING'S HIGH\\ AY REGIONAL HISTORIC DISTRICT COMMITTEE Minutes - August 22, 1990 The regular meeting of the Old King's Highway Regional Historic District Committee was held on Wednesday, August 22, 1990 in the Community Room, Fire Stateion 2, 343 Route 6A, Yarmouth Port. MEMBERS PRESENT: Robert A. DiMartile, Chairman; Gordon Clark, Robert A. Deemer, Gary Ellis, David Moeller (Alternate), Willard Sheppard. ALSO PRESENT: Constance Lobcdy, Secretary. A quorum having been established with DiMartile, Sheppard and Moeller (alternate) being present, the chairman convened the meeting at 7:15 p.m. Town of Yarmouth (-3555) - to seek approval for playground equipment on Route 6A, Old Church Street and Playground Lane, Yarmouth Port. At the chairman's request, Sheunard read from the 8/8/90 OKHC Minutes the motion tabling Certificate of Appropriateness r3555. Present for the hearing were: Sandra Femino, Elena Ghioto, Nina Meyer and Fred Thacher representing the Yarmouth Port Playground Committee (YPPC) as agents of the DPW; Bill Slammon, consultant, Children's Plavgrounds Inc., Holliston, MA; Alvin Alva, Yarmouth Sun; Douglas Meehan, Channel 11. .The members of the Yarmouth Port Playground Committee submitted three site layout options for the OKHC's consideration and review, indicating that revised option x2 was their preference. DiMartile thanked the YPPC for making the options available prior to the convening of the meeting. Femino submitted two samples of the blue and green plastic which could be used for the slides and a sample of a darker green plastic which would be used for the Track Ride. She said that the roof pitch for the playhouse would be 12/'2. She indicated that the wavy lines on the site layouts indicate the boundaries of the sand on which the playstructures will sit, and noted that the site layouts are drawn to scale. The area on which the playstructures will sit will be filled with sand and will not involve any structural boundary markers. The DPW had advised the YPPC to stay within the area of the existing equipment --a rectangular are approximately 40' wide by 165' long. The three submitted optional site layouts stay within that boundary except in some spots where the sandy area may go slightly outside the boundary because of safety issues. ,OKHC 8/22/90 Minutes/cont. -2— In response to a question, the OKHC understood that the site layouts still meet the architectural drawings but the structures have been moved to different locations within the appointed area. Femino reiterated that their intent is to keep the piaystructure for the 2-5 year olds further away from GA. For clarification, DiMartile said that in Option #2 the slide of the large play - structure faces Church Street and the slide of the small play - structure facees toward Playground Lane. YPPC said, in response to a question, that they had chosen not to show the OKHC any drawings where the playground structures were reconfigured. YPPC said they understood from OKHC that it was the impact of the colored slides facing 5A which was of concern and that was their reason for repositioning them. DiMartile said that it looked like more space was being utilized in this proposal. YPPC said that the new equipment moves in off the fence further --that is where the extra space comes from. The existing equipment was too close to the fence and DPW told them to pull it in by about 10'. DiMartile said that this was an area that many people raised as a concern. YPPC asked if the area concern was more important than safety and DiMartile responded that he would not speak on safety because it was beyond the purview of OKHC; that he had assumed that DPW had considered the issue of safety. Femino said that space given over to equipment remains the same --they are putting in more green space as a buffer zone between the fence and the equipment. Sheppard commented on the shine of the color samples and Slammon said that the OKHC's definition of shiney had not been clear. In response to a question, Slammon said that the darker green for the Track ride was not available for the slides since the plastic has a painted surface. OKHC reviewed the site layouts and discussed dimensions. Ellis said that he did not feel there would be a "boundary" problem. DiMartile disagreed because by moving the equipment more area is used. DiMartile asked if the committee would like to present anything else and Femino said that they thought they had answered all of the OKHC's concerns in the tabled motion. DiMartile said that the dimensions could have been more clearly defined and Ellis said that although the dimensions could have been indicated directly on the plans he did not feel that there would be a problem with the boundary. A question was asked as to which site layout option was preferred by the YPPC and Femino responded "l or 2". OKHC 8/22/90 Minutes/coat. -3- At this point, DiMartile read two letters into the minutes: the 8/10/90 letter from Ellen B. Barber, 11 West Yarmouth Road, Yarmouth Port, and the 8/21/90 letter from Peter Hughes, 455 Main Street, Yarmouth Port. (See Appendix A & B.) DiMartile said he would allow Hughes an opportunity to present the additional information noted in his letter and to show the video tape, cautioning him to take as little time as possible and to summarize without emotion. He said that OKHC would allow Hughes to present this additional information since he had not addressed the 8/8/90 meeting and the information sounded pertinent. At this point a videotape of a news program showing problems encountered with similar playgrounds --parking and impact of similar playstructures on the neighborhood and the community. Following the video presentation DiMartile said that the OKHC cannot get involved in parking problems; that he had allowed the presentation because it addressed aesthetic as well as visual impact, both of which are relevant concerns. The chairman then asked the OKHC for their comments. Sheppard said that he felt the OKHC was at the same spot they were at the 8/8/90 meeting and that he would like to hear from the DPW because there are so many questions unanswered --"I doubt very much that I could make an intelligent decision." Deemer said that the DPW question should have been answered before the application came to OKHC... parking is not within our jurisdiction... "I feel we have sufficient information to act." Ellis said he thought the character of the park setting was a gray area for OKHC to get into. Thacher said that the YPPC had "covered everything you have asked us .... We can't cover unknowns .... It is unfair to our designer. It is unfair to the committee." DiMartile responded that OKHC had listened intently at the 8/8/90 meeting; that members had reviewed the areas of concern both for and against the proposal. He said he would address option #2 which has lesser impact as you view it from 6A than the initial proposal but felt that it still is in direct conflict with the intent of the Act because we will not be preserving a historic setting --we will be changing it in a detrimental way. The massing of the structures, unless they were seriously reduced, is not appropriate. I agree that the playground equipment can be updated, but in such a way so it won't have as much of a visual impact as this proposal. DiMartile said that the proposed option OKHC 8/22/90 Minutes/cont. rev. pg. 4 creates an overwhelming visual impact that he thinks is not appropriate in the historic district. He also expressed the opinion that the proposed shiney colors of the plastics are not appropriate within the historic district. Deemer responded that he disagreed with the chairman; that he did not think the structure constituted a massing; that he did not think the committee's approval would have a negative impact on the neighborhood setting. Ellis said that he did not think the playground contemporary structures would be detrimental to the neighborhood; that the equipment would be an asset to the neighborhood and that the application has to be measured in more than structures. DiMartile concluded that the OKHC initially said it had no problem with upgrading the playground, but that what we are talking about is a proposal that is in the most sensitive part of the historic district right along Route 6A. The chair being ready for a motion, Deemer moved that OKHC approve the application as revised with the site layout option #2 showing a 12/12 roof pitch and as amended with the submitted samples of green plastic for the slides and the track ride. Ellis suggested that the motion also include in its amendment that there be no structural border between the grass and the sand. Deemer accepted this change and Ellis seconded the motion. DiMartile asked for further discussion saying that he thought it would be to everyone's interest to get people together in a cooperative manner in order to resolve differences. Deemer said there were concerns he thought the DPW should have addressed prior to submitting the application. Sheppa= addressed the applicants saying that it looked like there would be a vote which would result in denying the application. He said he felt the OKHC has to have the DPW at a meeting so they can talk back and forth --"I am trying to keep this thing alive...." Meyer responded that the YPPC has met the OKHC's criteria. Prior to the vote it was explain that tabling the application was an option since at least one committee member wanted information from the DPW/applicant. The _YPPC rejected anv approval for an extension. The chairman called for the vote: Deemer and Ellis voted for the motic Sheppard and DiMartile voted against the motion. The chairman announce that in accordance with the Act governing OKHRHDC, Section 10, "In the event of a tie vote, the certificate shall be considered denied unless the Committee votes to defer action until the next Committee meeting.", therefore, the application was denied. DENIED BY VOTE OF 2-2. The chairman explained the appeal process to the applicants. 4 t • M Y r I � TZ T• l� "' Y `��' • �' - '�: I N 6 JZOLTE.28 SOUTH ABAIO '7{I A1Ati�ACI1l 5FTT.,) {72oo, �MATTACHEESC ��': [, -� 3 y 4• 'E'ciepi�on� {5{flij ; )ti __�l C_ OLD ICING'S HIGHWAYREGIONAL HISTORIC DISTRICT CON11MITTEE Minutes - August 8, 1990 The regular meeting of the Old King's Highway Regional Historic District Committee was held on Wednesday, August 8, 1990 in the Hearing Room, Yarmouth Town Hall, 1146 Route 28, South Yarmouth. MEMBERS PRESENT: Robert A. DiMartile, Chairman; Gordon Clark, Robert A. Deemer, Gary Ellis, David Moeller (Alternate), Willard Sheppard. ALSO PRESENT: Constance Lobody, Secretary. Representatives of the media. See also Appendix C for those who addressed the committee. Robert A. DiMartile, chairman, convened the meeting at 7:30 p.m., a quorum being present. DiMartile introduced the members of the Old King's Highway Committee (OKHC) and outlined the committee's hearing procedures as stated in the Guidelines of the Act. The chairman read the Purpose of the Act (Section 1) and also the Act's definition of "structure" (Section 3). He addressed the responsibilities of both applicants and committee members and outlined the appeal process. Speakers from the floor were asked to identify themselves for the record and to keep comments to the application which was before the committee and to subject matter within OKHC's purview. The following new application was acted upon: Town of Yarmouth (#3555) - to seek approval for playground equipment at Route 6A, Old Church Street and Playground Lane, Yarmouth Port. The Department of Public Works had appointed the following as members of the Yarmouth Port Playground Committee: Sandra Femino, Barbara Goodale and Nina Meyer, to speak to the application. Also present as a consultant was Bill Slammon, Children's Playgrounds Inc., Holliston MA. For the record, DiMartile read aloud the 8/8/90 memo from Phil Shea, Director, DPW (see Appendix A). In response, DiMartile said that placement of structures is subject to the approval of OKHC and that the committee has determined by definition that the pieces of play equipment are structures. He also noted that a Certificate of Removal has been filed by the DPW and will be scheduled for hearing on 8/22/90. Also submitted for record was a letter from abuttors: Mr. & Mrs. Richard C. Weckler, Mr. & Mrs. Peter Hughes, and Helen Dostal. (See Appendix B.) OKHC 8/8/90 Minutes/cont. I -2- Sandra Femino read a prepared statement prom the Yarmouth Port Playground Committee (Appendix C) and introduced Bill Slammon, consultai Children's Playground, Inc. The statement reviewed the history of the playground and the committee's desire to upgrade the equipment. "Realizing that playground equipment per se has no historical precedent, our conclusion was that wood, which harmonizes with the environment, was the most natural choice...." The statement also noted that the committee had met informally with OKHC on 1/10/90 and had recommended a change in the color of the slides to blue. (The minutes note that a copy of the statement has been submitted for record.) For record, DiMartile reminded the Playground Committee members that during the informal hearing in January, although the committee supported' the upgrading of the playground equipment they had said that 'Wright, shiney colors would not be appropriate. The OKHC reviewed the plans for the proposed structures, the Specifi- cation Sheets and the overlay of the park/playground showing the proposed structures in relation to the existing playground equipment. Also submitted were photos of the site, pictures and specifications of the equipment and catalogues from the Children's Playgrounds, Inc. DiMartile entertained questions and comments from the floor. In response to a question, Nina Meyer said that the Yarmouth Building Department will not require a Building Permit for the proposed playstructures. DiMartile responded that if OKHC approves the application, then enforcement of the Act and its Guidelines is the Building Inspector's responsibility. The OKHC agreed that it would individually review the following seven proposed pieces of equipment (playstructures) as identified on the submitted plans: 1. Large Playstructure 2. Double Swing 3. Four Wheel Drive 4. Safety Teeter Totter 5. Double Track Ride 6. Toddler Swing 7. Small Playstructure Large Playstructure: Ellis asked why the largest playstructure was positioned the closest and most visible to Route 6A. Response: For safety reasons --this is the playstructure for the older childrens' use. DiMartile raised a question about the color of the plastic slides, noting that a sample of the color had not been submitted with the application. DiMartile also said that he OKHC 8/8/90 Minutes/cont. -3- felt the bright blue colored plastic (synthetic) material was not appropriate in the historic district. Deemer raised a question about the height of the Large Playstructure. Response: 7'6"h. to platform, with 3'h. railings (or 10'h. above grade), with the slide being roughly 10'h. DiMartile said that what is relevant to the committee's decision is the massiveness of the Large Playstructure and the colors of the plastic slides for the Large and Small Playstructures. Double Swing: No objections or comments. Four Wheel Drive: It was noted that this is a stationary piece of equipment, with 4 rubber tires. (The rubber tires were not listed on the Specification Sheets.) Safety Teeter_ Totter: No objections or comments. (Materials include 2 rubber tires. The rubber tires were not listed on the Specification Sheets.) Double Track Ride: This structure sits 18" above grade. Tracks are usually orange in color, according to Slammon, but could be painted a different color. DiMartile commented that the bright orange colored track would not be appropriate in the historic district. Toddler Swings: No objections or comments. Small Playstructure: This structure includes two playhouses, roughly 6' to the roof. The Specification Sheet does not show the roof pitch and Slammon agreed that the roof pitch could be adapted to the 7 over 12 minimum recommended in the OKHC Guidelines. This structure also includes a slide and again, appropriateness of color was discussed. The committee was told that a green color is also available. In response to a question about using other materials for the slides, Slammon said that the plastic maintains a more even temperature and is, therefore, safer for childrens' use. Following review of the above seven structures, DiMartile opened the floor to general discussion and to hear questions, statements and/or comments in support of or against the application. (See Appendix "D" for a list of those who spoke. Clark said that whatever the structures will sit on is relevant to the application and the OKHC discussed the placement of the play - structures and landscaping. For example, does each playstructure need to sit on a foundation? sand? grass? Does the area around each piece of equipment need to be defined? In response to a OKHC 8/8/90 Minutes/cont. question, Slammon said that for safety, his company recommends there be 8' between structures and 10' of space from the slides. Members of the Yarmouth Port Playground Committee said they were designated as the DPW's agents only to _process the equipment application through the OKHC; that they have no responsibility or authority to speak on the matter of landscaping, ground cover or installation. Deemer and other OKHC members stated that the details of how the landscaping and use of space would change the setting are relevant and, therefore, are needed by the committee in order to determine appropriateness. After approximately 22 hours of review, discussion, questions and comments, the OKHC reached consensus to table the application for additional information. Sheppard moved/Deemer seconded to table the application to the 8/22/90 meeting in order that the applicants be given time to provide the OKHC with the following information: 1. Specific color samples for the plastic materials or alternate materials to be used for the playstructure slides and the Double Track Ride. 2. Specific roof pitch, where applicable, to be noted and added to the Specification Sheets and plans. 3. Revised site plan showing the Large Playstructure repositioned or reconfigured so as to reduce its visual impact from Route 5A, with specific dimensions to clearly show the ground area to be used. 4. A layout showing the ground cover on which each play - structure will be placed and the grassy areas in relation to the playground area, specifically drawn to demonstrate current area utilized and proposed area to be utilized. TABLED TO 8/22/90. DiMartile informed those present that the hearing for #3555 would be continued on August 22nd, 7:15 p.m., Community Room, Fire Station 42, Yarmouth Port. The following Certification of Exemption was acted upon: -4- Maximilian A. Tufts - to seek approval for a deck to the "cottage" at 49 North Sandyside Lane, Yarmouth Port, on basis it is within category declared entitled to exemption. Henry P. Tufts was OKHC 8/8/90 Minutes/cont. -5- present to speak to the Exemption. Following review, Deemer moved/Sheppard seconded to approve the application as submitted. APPROVED WITH ONE ABSTENTION. ONE CHANGE TO PREVIOUSLY APPROVED PLANS: Brian D. Basler (#3512) - to seek approval for the addition of two windows on gable end of garage at 18 Damaris Drive, Yarmouth Port. UNANIMOUSLY APPROVED. ADJOURNMENT: The committee adjourned at 10:30 p.m. Constance Lobody Recording Secretary Atts.: Appendix "A", "B" & "C" Respectfully submitted, Robert A. DiMartile Chairman To: From: Subject: Date: ince TOWN OF Y A R M O UT H. Hit nna rin- DEPARTMENT OF PUBLIC FORKS Parks a Cemetenc: IX"aste Nlanagcmem SOUTH YARMOL;TH tilASSACHUSETTS 02664 'Water APPENDIX "A" OKHC 8/8/90 Minutes Old King's Highway Committee Philip B. Shea Director, DPW Playground Route 6A/Playground Lane -Church Street. August 8, 1990 4Lie P 1990 The Playground issue has sparked quite a debate, In order to aid the OKHC the following are a list of issues and facts the Department of Public Works has addressed: 1. No trees will be cut down for this project. 2. The parking will be handled without taking any existing area within the fenced perimeter of the playground, bordered by Playground Lane, Route 6A and Old Church Street. 3. The DPW will supervise any construction and will have authority on placement, safety, material and appurtenance matters. 4. The area for the playground will be approximately the same as existing where the open space will also remain approximately the same. 5. The DPW will assume responsibility for any old equipment taken from the site. 6. Improving the site by plantings and benches is a separate issue and may be done regardless of the , disposition of the playground. 7. The issue of use of the area is resolved in that the property was deeded to the Town as a playground. 8. The DPW Commissioners considered the Route 6A location exclusively and the issue of moving the equipment to an alternate location, such as Bass Hole, is moot. 9. The DPW including the Engineering Department and our own Building Department, to the best of my Knowledge, do not consider this playground equipment either a surface structure or a foundation structure. Respectfully submitted, f A A,� ,_r I I `r Philip B. Shea Di ector, DPW To. APPENDIX "B" OKHC 8/8/90 Minutes ALig, 8, I990. Yarmouth,Ma. OLD k::INGS HIGHWAY REGIONAL HISTORIC DISTRICT YARMOUTH HISTORIC DISTRICT COMMITTEE. Dear Sir~, As abutters of the Common and Playground located at Route 6A and Old Church Street and Playground Lane in Yarmouth Fort we have considered the effect this Proposal would have on the historic environment of the area. The present Common and Playground is the last vestige of the Ancient Common that once enclosed the village meeting houses. This area was in the center of our~ first settlement,and has been inhabited for over 7750 years. It is because of this very special historical value we feel the proposal to demolish or, remove the present traditional playground equipment and replace it with a new style of wood and plastic playground equipment is in direct conflict with the purpose for the Historical District was created. The green space in question is a familiar landmark that along with the rows of historic houses forms the character of our neighborhood. This character has been preserved not by accident,but by the concerned citizens who created the Historic District. They took the respo risibility of retaining the traditional building designs and materials indigenous to area by a set of guidelines and recommendations. Over the years this policy has served us well by holding on to much of the unique enviroment that is good for residents and the business economy alike. We feel that the present proposal,however well intentioned,fails to take into account the adverse effects that can follow the introduction of structures of the size and type shown in the plans. They can create an overwhelming visual presence within the space now given to the traditional equipment. This will in turn cause a dramatic change in the relationship of the surrounding historical buildings to the remaining open area. The cultural significance of the area is reduced by loss in the; basic integrity of the setting. Also any attempt to expand the total area allowed for playground equipment would only serve to increase the negative influence upon that setting,while reduceing the open space,a nonrenewable resource. P. 2 In addition we have concerns about the public shade trees that form a backdrop to the area. Are they to be put at risk: if construction is allowed or, later if new equipment draws increased numbers of people by car needing additional parking space'--, We -Feel that while the rejection of this as yet un- funded proposal will not cause any hardship,a favorable determination could establish a precedent that may have an adverse effect on our remaining open space in the Historic District. Submitted By:.,r�. • ; 1 .-. .�. • . . . .- . .-. . . 1 ... . • . . 1 APPENDIX "D" 8/8/90 OKHC Minutes Sandra Femino, abuttor & member Yarmouth Port Playground Committee. Barbar,-Goodale, abuttor & member Yarmouth Port Playground Committee. Nina Meyer, abuttor & member Yarmouth Port Playground Committee. Bill Slammon, consultant/salesman for Children's Playgrounds Inc., Holliston, MA. Richard C. Weckler, abuttor. (Comment: Wood and plastic not appro- priate; size and mass create a dramatic change and adverse effect on open space.) Diane Owen_ Hughes, abuttor. (Comment: Overall "structure" detracts from historic setting. Asked committee to consider "total impact" of proposal as not appropriate.) Steven Pinney, abuttor. (Proposal tampers with continuity of play area periphery and green space --not appropriate. Further, proposal is in direct contradiction to DPW promise to stay within the same ground area usage.) Chester Cogqeshall, citizen. (Proposal changes open space and is not appropriate. Equipment that exists is appropriate. New equipment drastically changes the setting.) Robert Kelleher, citizen. (Raised a question about play equipment in backyards --Building Department does not consider them structures.) Robert Therrien., citizen and registered architect. (Address the issue of permanent vs. temporary structures within town codes. Also said the National Association of Recreation and Parks recommends specific requirements for recreation areas that are pertinent to this proposal: 1) preservation of a quality of life; 2) preservation of open space; 3) compromise and reason among all parties must be evident to achieve items 1&2. The proposal will be appropriate. Milton A. Smith, needs to be required by to protect citizen and former chairman, OKHC. (The playground updated. However, a landscaping plan should be the OKHC. Suggested upgrading the fencing so as children from automobiles.) Fred Thacher, citizen. (In favor of upgrading the park. Proposal will still allow for open space.) Patricia Selemen, abuttor. (Traditional materials would have little or no impact on the common setting. This proposal would have great negative impact and is not appropriate. New proposal is precedent setting --materials are not appropriate. Bill Lionetta, citizen. (Objects to the obstacles placed before the OKHC. Open space in the park will remain no matter what the new playstructures sit on.) APPENDIX "D"/cont. 8/8/90 OKHC Minutes Karen Mohr, citizen and parent whose children use playground. (Spoke in support of upgrading the playground equipment.) Elizabeth Antonellis, citizen and Yarmouth Historical Commission liaison to OKHC. (Equipment of this size and appearance should not be on 5A; proposed equipment is not in keeping with the historic district; will destroy the integrity of the area.) Richard Kenyon, citizen. (Plastic materials and rubber tires not appropriate and would set a dangerous precent.) NOTE: Comments are summarized. i To: From: Subject: Date: TOWN OF YAR OUTH DEPARTMENT OF PUBLIC WORKS SOUTH YARMOUTH MEMO Old Kings Highway Philip B. Shea Director, DPW N1;VSSAt: H Engineering Highway Parks & Cemeteries NVaste Nlanagement T5 i4+YTdoCiarcctti—� e� L!c L OCT 16 1990 Playground Letter of October 4. 1990. October 16, 1990 Thank you very much for the letter. The DPW Commissioners feel that attending the OKH hearing would be detrimental to the resolution of the playground situation. The Commissioners have already held several open public meetings, one specifically for comments on the Route 6A playground and they have solicited written comments on same. The Commissioners attended a meeting of the Board of Selectmen where the playground was discussed at length. At each meeting the playground issue became foggy where opponents chose to comment about a range of things from the possibility of musket balls being in the ground to cutting down trees. The Commissioners feel the focus of the meeting for Old Kings Highway should be for the Old Kings Highway's specific review and not a combination of DPW and OKH concerns. The Commissioners would be remiss in coming to the meeting and de -focusing the issue. The DPW also has mentioned to both concerned citizens and the playground groups that they intend on doing plantings at the 6A triangle location. There are no specific planting plans as yet and the DPW office will apply ourselves when appropriate. The Commissioners agreed that Engineering will stake out the area at the request of the OKH. Our office will contact you to see when this can be done. Tha you, r Ph�i�'ip B. Shea D' ector, DPW 4 e TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YAR.tiIOUTH ,YIASSACHUSEM 02664 Telephone (508) 398-2231 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE MEMO TO: DPW Commissioners FROM: Old King's Highway Committee Robert A. DiMartile, Chairman DATE: October 4, 1990 SUBJECT: Certificate of Appropriateness for playground equipment, Route 6A & Old Church St., Yarmouth Port -- October 17, 1990 hearing. In our on -going effort to review applications with a minimum of confusion, the Old King's Highway Committee, at its meeting last night, agreed to call the Commissioners' attention to the first recommendation of the Guidelines of the Act: "D.1. Preparations: All plans and related materials should be filed with the committee well in advance of the public hearing. The Commission recommends that discussions with abuttors be made prior to the public hearing so as to avoid unnecessary conf`ict and, misunderstandings at the Dublic hearing. Neiqhborhood support or oDDosition can often times effect the success or failure of a proposed project-" The committee feels strongly that a DPW Commissioner be present at the October 17th hearing in order to respond to questions. The committee requests that the applicants include in their application a copy of the engineer's site plan with an overlay showing the location of the proposed equipment. The committee also requests that the application include specific details as to the types of plantings since the plantings are part of the application. The committee also feels that it would be helpful to its members if the playground could be staked out to show where each piece of equipment will be placed. A viewing could be set up at the applicants' convenience. Our secretary, Ms. Lobody, will notify us of the date and time when you provide her with the information. R.AD : c 1 cc: Phil Shea, DPW Director Site layout Elevations: Large playstructure Small playstructure Double swings Toddler swing Four wheel drive Safety teeter totter Double track ride Play area site - east & west " to to - north & south w 0 0 i AI4 r -3b 90 At .42 S.rs 3 ` t,.. T) S 3 .90 OCT 26 ❑e4Lu }_ � M It�f�N CLLkh/ nSilrtif:lt � 4 .! W p 17 L6' lr 9 �1 t�J 02 r Y 91 3i „ so 44 r� �A�t15 K O c 012 03 to ID A e .S2 .87 .24 S ,, r� ba E !t0 0 1Z _ • H 91 or .4z 34 az az E p L- U V 23 cl ��t .41 -1 : �, NI 64 -31 Q . f 1 r art ADitS r �i9 y err 1. LJ 02 r.a.r. o u .,r PLAYGRO,,,D Q FMMr r __rt/, I ♦/1 Q FI I At vs .47 L �1r .sr k3 +si I + T6 44 + NS0,ED !2 �/ H6 I♦ rf .77 A +_f�fJ+Rf STAT elDiFlf � f f".ea ar GH WAY 90 j9 -Fir,rl fr � 53 +r� lr � rr � 11 � fl Ir na*Ia M7 44 T,yb UZ 12 0� al a M 1 = T12 i ry Q .S0 O� L Li T 13 E +o C 45 F- L) LAN ' Z w IL�I V114AGA f P7 0.13 Its PP1Viif n a. r .?a R4 O .44 3 p � 7 6 r ti :. t02C3" 10264 10209 � r T6 pfi u1 r n .90 aS 26 CG RS f� a L�{Vry p ¢ t!S OS4 ul — --�^— O I b ~ 3 ° __ razws � � ❑ t � F pGOV� �rUN� ROAD 1a=IfT � p5T E 1024: 102.12 VOF' 7 946,000 103AS 947,000 226 f0 DATE MAP MADE 9rul51 DATE REYiSED DULY E, 1987 VA COwinuMIN* Yormovthport P(ayground Improvem-nt Commiffa INC. BOA b21 YARM0UTHP0RT,MA5SACHU6ETT5 02675 / v� RD �r,h. . 4 JON 9 �Q `k6 7v� � APPROVED YARN106TH COMMITTEE CKHRI) BOARD OF DIRECTOR5: NINA MEYER. 362-3705 5ANDY FEMiNO 3b2--9393 i3ARBARA GOODALE 3(,2 9So4 ELF -NA GHtOTO FRVDTHACHER. RpBERT KEu.EHER .;4 AR i a C a � p � N 1 To: From: Subject: Date: TOWN OF YARMOUTH DEPARTMENT OF PUBLIC WORKS SOUTH YARMOUTH MEMO Old Kings Highway Philip B. Shea Director, DPW Engineering Iiighw-ay Parks & Cemeteries Waste Management MASSACHN TS j. Wwa f Ccr 19EEl", `L � OCT 16 1990 Playground Letter of October 4. 1990. October 16, 1990 Thank you very much for the letter. The DPW Commissioners feel that attending the OKH hearing would be detrimental to the resolution of the playground situation. The. Commissioners have already held several open public meetings, one specifically for comments on the Route 6A playground and they have solicited written comments on same. The Commissioners attended a meeting of the Board of Selectmen where the playground was discussed at length. At each meeting the playground issue became foggy where opponents chose to comment about a range of things from the possibility of musket balls being in the ground to cutting down trees. The Commissioners feel the focus of the meeting for Old Kings Highway should be for the Old Kings Highway's specific review and not a combination of DPW and OKH concerns. The Commissioners would be remiss in coming to the meeting and de -focusing the issue. The DPW also has mentioned to both concerned citizens and the playground groups that they intend on doing plantings at the 6A triangle location. There are no specific planting plans as yet and the DPW office will apply ourselves when appropriate. The Commissioners agreed that Engineering will stake out the area at the request of the OKH. Our office will contact you to see when this can be done. Thay l,� you, Phi rlp B . Shea D' ector, DPW rot 16 0 .Y o TOWN OF YARMOUTH y 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664 '"ArTAC" ES Telephone (508) 398-2231 �nl�itfl �, r OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE,,,!' MEMO TO: DPW Commissioners CM3 FROM: Old King's Highway Committee '0 Robert A. DiMartile, Chairman DATE: October 4, 1990 SUBJECT: Certificate of Appropriateness for playground equipment, Route 6A & Old Church St., Yarmouth Port -- October 17, 1990 hearing. In our on -going effort to review applications with a minimum of confusion, the Old King's Highway Committee, at its meeting last night, agreed to call the Commissioners' attention to the first recommendation of the Guidelines of the Act: "D.l. Preparations: All plans and related materials should be filed with the committee well in advance of the public hearing. The Commission recommends that discussions with abuttors be made prior to the public hearinR so as to avoid unnecessary conflict and misunderstandings at the 2ublic hearing. Neighborhood sup2ort or opposition can often times effect the success or failure of a ro osedproject." The committee feels strongly that a DPW Commissioner be present at the October 17th hearing in order to respond to questions. The committee requests that the applicants include in their application a copy of the engineer's site plan with an overlay showing the location of the proposed equipment. The committee also requests that the application include specific details as to the types of plantings since the plantings are part of the application. The committee also feels that it would be helpful to its members if the playground could be staked out to show where each piece of equipment will be placed. A viewing could be set up at the applicants' convenience. Our secretary, Ms. Lobody, will notify us of the date and time when you provide her with the information. RAD:c1 cc: Phil Shea, DPW Director TOWN OF YARMOUTH 1146 ROUTE 28 SOUTH YARMOUTH M.ASSACHUSETTS 02664 Telephone (508) 398-2231, x . 292 Munn rr OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMITTEE r1 C�3 September 25, 1990 Q "'® no< Mr. Harvey Glennon Box 6 Barnstable, MA 02630 Dear Mr. Glennon: This is to confirm today's phone call regarding your serving as stenographer for the Old King's Highway Regional Historic District Committee at its meeting on October 17, 1990. Enclosed is the agenda for the meeting. As promised, I am also enclosing the names of the OKHC members and of the applicants who most likely will speak to the application. If you need anything else, Please do not hesitate to call me at the above number. Sincerely, Constance L body OKHC Secretary cl enc. OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT YARMOUTH HISTORIC DISTRICT COMMITTEE Notice is hereby given that on Wednesday OCTOBER 17 1990, 7: 10 P.M_ AT FIFE STATION # 2, COMMUNITY ROOM, 343 ROUE 6A, YARmo= PORT, the committee will hear the following applications for Certificates of Appropriateness pursuant to Sections 9 of Chapter 470 of the Acts of 1973 and amended by Chapters 298 and 845 of the Acts of 1975. 7:30 p.m. Town of Yarmouth to seek approval for playground equipment, additional sections of split rail fence to match existing and additional native shrubbery at Route 6A and Old Church Street, Yarmouth Port. Robert A. DiMartile Chairman. Rear parking lot off Red Jacket Road. OKHC Members Robert A. DiMartile, Chairman Gordon Clark Robert A. Deemer Gary Ellis David Moeller Willard P. Sheppard Yarmouth Port Playground Committee Members Sandra Femino Barbara Goodale Nina Meyer I 0 a children's playgrounds inc. holliston, ma. 01746 508.429.3870 drawn b y "ame k.a.d. ante 2'u190 scale: 1"=20'--0" Title: SITE LAYOUT AXONOMETRIC VIEW TOWN OF Customer: YARMOUTHPORT, MA. revision no. NONE quote no. bs drawing no. qus--0271 PETITION FOR APPEAL (FORM-D) For Appeal filing procedure see: o Docket No. 972 CMR Section 1:02 & 1.03 Date Filed RULES AND REGULATIONS (The above for Official use only) (PLEASE TYPE OR PRINT) Old King's Highway Regional Historic District Commission P. 0. Box 140, Barnstable, MA 02630 Telephone: 508-775-1766 Appellant Townof F1RnodTH Old King's Highway Regional Historic District Committee 1. This an appeal from the above listed town Committee's decision (a copy is attached) on run 41 geLrrnakA `sapplication for i`'Ib,iq✓rou�scE f�r.'pr+ (Apfnir,?4rs name) locatedat uctrmout �wr' COM074A t6,9 and (appro d / disapproved) by the local towu's historic district Committee on py j _. 20 I4[- and filed with the Town Clerk on Ha' / 3 Z-911 - (Dazed) 1Z (Date) 7 The rea¢nn fnr tlt is anneal is• M 3. The relationship of the appellant to th subject of appeal is that of (Applicant/Abutter/Other ag eved p ) 4. The remedy sought by the appellant is Q wirj x fo IWl1 GO►rt � f`� �S_ _ e. fC % 1 e n (Annulment of town committees decision/ Reversal to town committee's decision/ Remand application to town committee) 5. 1 hereby certify that I have given notice of this appeal to the Town Clerk, Town Committee & Applicant, if different. I have enclosed the required filing fee_ 6. In the event that scheduling does not permit the Clearing to take place within 30 days, I hereby grant an extension of time until the next regular scheduled Commission meeting_ (Date) .1 201 `I Appellants RE signature of appellant or designated resentative rfoz 61� Tel. No_ Name, address & telephone of agent and/or attorney: z . Va P f9;ty The appeal must be filed within 14 days of the filing of the decision with Town Clerk 37 OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-744-7586 NOTICE A public hearing and 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 1:30 P.M. on Tuesday, ,Tune 10, 2014 at the Yarmouth Town Hall Hearing Room, 1146 Route 28, South Yarmouth, Massachusetts. The following matter will be heard and/or acted upon: Appeal # 2014-1 filed by Peter Hughes and Diane Owen Hughes seeking reversal of the Yarmouth Old King's Highway Regional Historic District Committee granting of a Certificate of Appropriateness to the Town of Yarmouth for the installation of new playground equipment, replacing the backboard and hoop, and refurbishing the hardtop for the existing basketball court, all to be located at 460 Route 6A, Yarmouth Port, Massachusetts. Peter T. Lornenzo, Jr. Chairperson OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-775-1766 REQUEST TO CONTINUE & WAIVER We, Peter Hughes and Diane Owen Hughes, hereby confirm our request to continue Appeal No. 2014-1 until 1:30 P.M. Tuesday, duly 1, 2014, and specifically consent to the extension of time to act on said appeal until the conclusion of the Commission's meeting scheduled for said date. Dated 47- Peter Hughes r� &VU �- IVA Diane Owen Hughes OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-775-1766 REQUEST TO CONTINUE & V�AIVER The Town of Yarmouth hereby confi it' 'oining in a request to continue Appeal No. 2014-1 until 1:30 P.M. Tuesday, July 1, 2014, and specifically consents to the extension of time to act on said appeal until the conclusion of the Commission's meeting scheduled for said date. Town , Town Administrator OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-775-1766 REQUEST TO CONTINUE & WAIVER The Yarmouth Old King's Highway Regional Historic District Committee hereby confirms it's joining in a request to continue Appeal No. 2014-1 until 1:30 P.M. Tuesday, July 1, 2014, and specifically consents to the extension of time to act on said appeal until the conclusion of the Commission's meeting scheduled for said date. Yarmouth Old King's Highway Regional Historic �District �Committee by Richard Gegenwarth, Chairman 6, 35 - 01 Dated OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION P.O. Box 140, Barnstable, Massachusetts 02630-0140 Tel: 508-744-7586 NOTICE A public hearing and meeting of the Old King's Highway Regional Historic District Conunission will be held, in accordance with Chapter 470 of the Acts of 1973 (as amended), at 1:30 P.M. on Tuesday, July 1, 2014 at the Yarmouth Town Hall Hearing Room,1146 Route 28, South Yarmouth, Massachusetts. The following matter will be heard and/or acted upon: Appeal # 2014-1 filed by Peter Hughes and Diane Owen Hughes seeking reversal of the Yarmouth Old King's Highway Regional Historic District Committee granting of a Certificate of Appropriateness to the Town of Yarmouth for the installation of new playground equipment, replacing the backboard and hoop, and refurbishing the hardtop for the existing basketball court, all to be located at 460 Route 6A, Yarmouth Port, Massachusetts. (This public hearing and meeting were postponed from June 10, 2014 until July 1, 2014 by written agreement of the parties) Peter T. Lomenzo, Jr. Chairperson _ -