HomeMy WebLinkAbout25-A125 1 Dartmoor Way Appeal Decision from OKH Commission?WMUTH TOWN CLERK RE
NOV 17125 Am11:20
OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION
P.O. Box 140, Barnstable, Massachusetts 02630-0140
Tel: 508-775-1766
Catherine Reno, Applicant/Appellant
Vs.
Decision for Appeal No. 2025-4
Old King's Highway Regional Historic
District Committee for the Town of Yarmouth, Appellee
On Thursday, November 13, 2025, at 1:15 P.M. the Old King's Highway Regional
Historic District Commission, herein after called the Regional Commission, held a public
hearing at the West Barnstable Fire Station Meeting Room, 2160 Meetinghouse Way
(Route 6A), West Barnstable, Massachusetts on Appeal No. 2025-4 filed by Catherine
Reno, herein after called Applicant, seeking reversal of the Yarmouth Town Committee's
decision in Application #25-A125 denying a Certificate of Appropriateness for a 27 Panel
flush -mounted rooftop solar panel system to be located at 1 Dartmoor Way, Yarmouth
Port, Massachusetts. The property is identified as being shown on Town Map 141, Lot 35.
The Yarmouth Town Committee's decision was filed with the Yarmouth Town Clerk on
October 9, 2025. The Appeal Petition was filed with the Regional Commission on
Saturday, October 18, 2025, and a copy is available for public viewing at the Yarmouth
Town Clerk's Office, 1146 Route 28, South Yarmouth, Massachusetts during regular
business hours.
Present for the Regional Commission were Chairperson William E. Bohlin of Dennis;
Vice -Chairperson James Trabulsie of Brewster; Member Elizabeth McCarthy of
Barnstable; Member Cindy Ecker of Yarmouth; Member Richard Weeks of Orleans;
Member Diane Dileo of Sandwich; James R. Wilson, Regional Commission's
Administrative Counsel and Jennifer E. Vecchi, Regional Commission's Litigation
Counsel.
Present for the Applicant were Catherine Reno and Leonard Reno, Jr.
Commencement of the Meeting & Hearing:
Chairperson William E. Bohlin of Dennis called the meeting to order at 1:15 P.M. and
presided throughout the meeting. He read the posted legal notice for Appeal No. 2025-4
and stated that the following list of documents and exhibits were reviewed by the
Regional Commissioners for the appeal hearing.
List of all Documents and Exhibits for the Appeal Hearing:
1.) The Regional Commissioners had reviewed the October 18, 2025, Appeal Petition
with attachment setting forth the Appellant's reason for the appeal.
2.) The Regional Commissioners had reviewed the Yarmouth Town Committee's file
which includes the Application for a Certificate of Appropriateness # 25-A125, Decision
of Denial, 45-Day Timeframe Waiver, Abutters' List, Portion of Town Map # 141, Solar
panel specifications sheets, PV1, PV2, PV3, & PV4, PV5, PV6, PV7, & PV8, and
CrossRail System, Picture image of dwelling with proposed solar panels, email letters of
support from Kathleen Lucas of 9 Dartmoor Way, Micheal & Sharon Arpano of 5
Lookout Road, Stanley Kaczynski of 22 Lookout Road, and Peg Ekholm of 16 Lookout
Road.
3.) The Regional Commissioners had reviewed the Minutes and video recording of
October 8, 2025, Dennis Town Committee public meeting.
4.) The Regional Commissioners had individually visited the site for the proposed 27
rooftop solar panel arrays and observed the setting, topography, vegetation, and features
of the buildings and structures in the immediate surroundings.
Applicant's Presentation:
Catherine Reno reviewed the reason for appeal as it had been set forth in the attachment
to her Appeal Petition. She stated that she would reroof her entire roof with charcoal
color shingles to eliminate color contrast. She claimed that the Yarmouth Town
Committee had wrongfully believed that there were no other existing solar panels in her
neighborhood and alleged that there was inconsistency when visibility was addressed by
the Yarmouth Town Committee. She denied that the emails of support were wrongfully
obtained from her neighbors.
She requested that the Regional Commissioners reverse the decision by the Yarmouth
Town Committee and issue a Certificate of Appropriateness for the solar energy system
subject to a change in the color of the roof shingles that will be more compatible with the
appearance of the black colored solar panel arrays.
Yarmouth Town Committee's Presentation:
Cindy Ecker, Chairperson Pro Tern of the Yarmouth Town Committee, stated that at the
October 8, 2025, meeting, or the previous meeting the agent for the Applicant had stated
that there were no plans to change the color of the roof. She indicated that the decision of
the Yarmouth Town Committee was based on the features as represented during the
public hearing.
She indicated that each application is reviewed on its own merits and that the Yarmouth
Town Committee examines each application after viewing its location within the Historic
District.
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She stated that the Town Committee works hard to find ways to approve solar panel
applications and has a 97% approval record.
Public Comment:
Chairperson Bohlin asked if there were any people that wished to offer a public comment
on the appeal and there were none.
Closure of Public Hearing:
There being no additional comments, Chairman Bohlin closed the public hearing and
announced that the Regional Commission would deliberate on the appeal.
Regional Commissioners' Discussion:
Commissioner DiLeo of Sandwich began the discussion by focusing on the effect of
changing the color of the dwelling's roof shingles. She indicated that she felt that a darker
roof would make the solar energy system more acceptable. She questioned whether a roof
color change would require a new application filing.
Commissioner Trabulsie of Brewster suggested that the decision was based upon the
application as submitted and the lighter colored brown shingles. He indicated that the
Regional Commission should judge the appeal based upon what was before the Yarmouth
Town Committee and not what might have been a way of making the application more
acceptable. He indicated that he did not see where the Yarmouth Town Committee had
made an error or mistake in its review of the application that was before them.
Commissioner McCarthy of Barnstable stated that she did not see where the Yarmouth
Town Committee had the opportunity to consider a change to a darker roof color.
Commissioner Weeks of Orleans questioned the significance of the change to a darker
roof color when the existing roof appears to be a dark brown color.
Commissioner Trabulsie disputed the opinion that there was little difference between the
existing brown roof shingles and a replacement with a darker black roof.
Chairperson Bohlin suggested that the judgement between a brown roof and a black roof
is a matter for the Yarmouth Town Committee to determine within the framework of the
guideline of having "minimal visual impact on the surrounding neighborhood."
Commissioner DiLeo stated that she felt that the Yarmouth Town Committee made an
error in judging the application. She expressed the opinion that the Yarmouth Town
Committee gave too much emphasis to the corner lot aspect of the Applicant's dwelling.
She inferred that it might be unfair to turn deny an application for solar panels because it
has multiple street exposures.
Chairperson Bohlin stated that it was time to make findings and determine the appeal.
Regional Commission Findings:
Commissioner Weeks moved, seconded by Commissioner McCarthy, that the following
findings of fact be approved and incorporated into the Regional Commission's decision.
1. The project consists of a request to install 27 rooftop solar panels on the side and rear
roof of a dwelling located at l Dartmoor Way, Yarmouth Port, Massachusetts.
2. The property is identified as being shown on Town Map 141, Parcel 35.
3. The rooftop solar panel array will be visible from Dartmoor Way and Outlook Road.
4. The location of the proposed rooftop solar energy system will not be incongruent with
the neighborhood
5. The Applicant appears to have complied with the "Guidelines for Energy Conscious
Design."
6. The Yarmouth Town Committee exercised poor judgment in denying the application
for the solar energy system.
7. The Yarmouth Town Committee's determination denying approval of the proposed
project should be annulled and the application returned to the Yarmouth Town
Committee for further review and consideration of the appropriateness of removing the
existing light-colored roof shingles and replacing the roof with dark -colored shingles that
will blend with black solar panels.
Regional Commission's Determination:
Commissioner Weeks moved, seconded by Commissioner McCarthy, That the Regional
Commission vote to annul the Yarmouth Town Committee's determination and remand
the Application #25-125 to the Yarmouth Town Committee to consider the
appropriateness of the solar energy system being installed on a roof with dark colored
shingles that will blend with the 27 black solar panels to be located at 1 Dartmoor Way,
Yarmouth Port, Massachusetts. Said property is shown on Town Map 141 as Parcel 35.
The motion was adopted by a vote of 4-1-1 (Bohlin, Weeks, McCarthy, & DiLeo in
favor; Trabulsie opposed; and Ecker, abstaining).
Any person aggrieved by this decision has a right to appeal to the District Court
Department, Barnstable Division, within 20 days of the filing of this decision with the
Yarmouth Town Clerk.
Dated: November 17, 2025 William E. Bohlin, Chairperson
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