HomeMy WebLinkAbout24-A016 405 Route 6A OKH Commission AppealOLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMSSION
P.O. Box 140, Barnstable, Massachusetts 02630-0140
Tel: 508-775-1766
Jesse Hagopian, Applicant/Appellant
Vs. Decision for Appeal No. 2024 R E F 1%1 b�'- D
Old King's Highway Regional Historic APR 0 i
District Committee for the Town of Yarmouth
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On Tuesday, March 26, 2024, at 1:30 P. M. the Old King's Highway Regional 1 iistoric -
District Commission, herein after called the Regional Commission, held a public hearing
and meeting at the West Barnstable Fire Station Meeting Room, 2160 Meetinghouse Way
(Route #144), West Barnstable, Massachusetts, on Appeal No. 2024-2 filed by Jesse
Hagopian seeking reversal of the Yarmouth Town Committee's decision denying a
Certificate of Demolition or Removal in application No. 24-AO16 for the complete
demolition or removal of the rear chimney of the dwelling located at 405 Route 6A,
Yarmouth Port, Massachusetts. The property is identified as being shown on Town Map
123 Lot 135. The Town Committee's decision was filed with the Yarmouth Town Clerk
on Wednesday, February 14, 2024. The Appeal Petition was filed with the Regional
Commission on Tuesday, February 27, 2024, and a copy was available for public viewing
at the Yarmouth Town Clerk's Office, 1146 Route 28, South Yarmouth, Massachusetts
during regular business hours.
Present at the public appeal hearing for the Regional Commission were Vice -Chairperson
James Trabulsie of Brewster; Member Peter Williams of Sandwich; Member McCarthy
of Barnstable; Member Richard Weeks of Orleans; Member Robert Wilkins of
Yarmouth; and Attorney James R. Wilson, Administrative Counsel.
Chairperson William E. Bohlin of Dennis was absent and Vice -Chairperson James
Trabulsie presided throughout the hearing.
The Applicant/Appellant, Jesse Hagopian owner of 405 Route 6A, Yarmouth Port,
Massachusetts appeared pro se in support of the appeal.
List of OKHRHDC Appeal No. 2024-2 Documents and Exhibits:
1.) Copy of the Old King's Highway Regional Historic District Commission's Bulletin
dated March 1, 2022.
2.) Copy of Yarmouth Town Committee's decision with Yarmouth Town Clerk's
February 14, 2024, filing stamp.
3.) Copy of the Applicant!Appellant's Petition for Appeal Form-D, dated February 27,
2024.
4.) Copy of the ApplicantiAppellant's mailing envelope with February 27, 2024, U.S.P.S.
stamp.
5.) Video recording of the Yarmouth Town Committee Meeting of February 12, 2024.
6.) Copy of Legal Notice for the March 26, 2024, Meeting and Hearing.
Vice -Chairperson James Trabulsie announced that, as noted in the posted appeal notice,
the Yarmouth Town Committee's Decision was filed with the Yarmouth Town Clerk's
Office on Wednesday, February 14, 2024, and the Appeal Petition filed with the Regional
Commission on Tuesday, February 27, 2024. The Old King's Highway Regional Historic
District Act, as amended (Chapter 470, Section 11 — Appeals, as amended) requires that
all appeals be filed with the Regional Commission and notice of the appeal be given
within ten days of the Town Committee's giving notice of its decision to the Town Clerk.
He stated that a late filing is a procedural error for which the Regional Commission does
not have the authority or power to waive. He inferred that a dismissal of the appeal was
imminent and invited public comment on a possible dismissal of the appeal.
Jesse Hagopian, Applicant/Appellant, explained to the Regional Commissioners his
reasons for failing to adhere to the ten-day filing requirement. He stated that he believed
that he had ten "business days" instead of "calendar days" to file the appeal. He reported
that he had been out of the country on a family vacation for much of the appeal time -
period. He argued that the secretary for the Yarmouth Town Committee may have given
him improper advice about the filing deadline and that it was very important that the
appeal be heard and that the appeal go forward on its merits.
Cynthia A. Maciaga of 398 Route 6A supported the Applicant/Appellant's request that
the appeal go forward and expressed an opinion that if the administrator for the Yarmouth
Town Committee gave wrongful information to the Applicant/Appellant, the Regional
Commission should follow the alleged wrongful advice.
John Grady of 415 Route 6A supported the dismissal of the appeal and pointed out that
the Applicant/Appellant had violated the procedural process in two ways. He indicated
that the chimney had been removed without any permits and the appeal had exceeded the
statutory time for filing the appeal.
Christine Marzigliano of 117 Wianno Road, Yarmouth Port agreed with Mr. Grady's
opinion and expressed support for the opinion that the Regional Commissioners follow
the legal time procedures and dismiss the appeal.
There being no additional public comment, Vice -Chairperson Trabulsie announced the
closure of the public comment session and allow the Regional Commissioners to rule on
the dismissal issue.
He pointed out that if the Commissioners voted to dismiss the appeal, the
Applicant/Appellant would not be without remedies and that the Applicant/Appellant
could re -file the application with the Yarmouth Town Committee. He noted that the
Yarmouth Chairperson had announced that the 10-day appeIperiod_was in "calendar"
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days and expressed an opinion that the Regional Commissioners did not have the
authority to do anything more than dismiss the appeal.
Commissioner McCarthy of Barnstable moved seconded by Commissioner Weeks of
Orleans, that the appeal be dismissed for failure to file within the ten -calendar day
requirement. The Motion was adopted by a vote of 4-0-1. (McCarthy, Weeks, Williams,
and Trabulsie in favor; None opposed; & Wilkins abstaining)
Administrative Counsel James R. Wilson confirmed the suggested remedy of a re -filing
by the Applicant/Appellant and indicated that going back to the Yarmouth Town
Committee would be a better process for all the interested parties.
Any person aggrieved by this decision has a right to appeal to the District Court
Department, Barnstable Division, within twenty calendar days of the filing of this
decision with the Yarmouth Town Clerk.
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Dated: April 2, 2024 Zes Trabulsie, Vice Chairperson
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