HomeMy WebLinkAbout24 Bass River Parkway Alteration RequestSherman, Lisa
From: Erik Tolley <erik@ertarchitects.com>
Sent: Friday, July 17, 2026 9:55 AM
To: Sherman, Lisa
Subject: Re: 24 Bss river Parkway
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
Thank you!
On Fri, Jul 17, 2026 at 8:34 AM Sherman, Lisa <LShermanCfyarmauth.rna.us> wrote:
Hi Erik,
The HC is OK with your plans. Bob did respond with the following:
Lisa I have noticed that the house setback is 31.5' and the covenants say 35', and the new
garage is 14.5' and the normal setback is 20'. It appears that a small ell was erected on the
original garage putting it in excess of the setback. That probably never should have been
done. If Buildings has approved these plans then I guess I am OK with it. It just seems that
because the house setback has been violated somewhere down the line, it is OK to do the
same for the garage. Bob
I told him that the setbacks are a zoning issue, so you would be working with either Building or the ZBA
as needed to ensure the setback regulations are followed.
So you are good to go with the new garage.
Please let me know if you have any questions.
Thanks Erik,
Lisa
From: Erik Tolley <erik@ertarchitects.com>
Sent: Wednesday, July 15, 202610:28 AM
To: Sherman, Lisa <LSherman[2yarmouth.ma.us>
Subject: Re: 24 Bss river Parkway
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Hi Lisa,
Attached please find a proposed site plan along with existing and proposed plans and elevations.
Please keep me posted.
Thanks,
Erik
On Wed, Jul 15, 2026 at 9:24 AM Sherman, Lisa <LSherrnanCyarmouth.ma.us> wrote:
OK, sounds good, thanks Erik!
From: Erik Tolley <erik@ertarchitects.com>
Sent: Wednesday, July 15, 2026 9:05 AM
To: Sherman, Lisa <LSherman@yarmouth.ma.us>
Subject: Re: 24 Bss river Parkway
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Hi Lisa,
Thank you for this. The covenants have clearly been ignored in the past as evidenced by the fact that
the existing garage is within 8 feet of the side yard and not 20 as would appear to be required. I doubt
covenants supersede zoning; neither seems to have been paid much attention to.
The proposed garage is not higher than the existing house and is very much in keeping with the "Cape
Cad" style. I think the HC will find it very appropriate.
I will send the plans by the end of the week.
Thank you!
Erik
On Wed, Jul 15, 2026 at 8:52 AM Sherman, Lisa <LSherrnanyarmouth.ma.us> wrote:
Hi Erik,
I heard back from Bob Kelley yesterday and confirmed this morning:
He did deed research on the property:
I have done a deed search on the property lot number 13 in Bass River Park.
This property was owned by James Mott Hallowell in the early 20th century. This lot was sold
to developers Woodruff and Thomas, Inc. A deed from the developers, Woodruff and
Thomas, Inc. to Howard H. Craig, dated 3 Sept. 1927, conveyed lot number 13, the property
being discussed. This development of Bass River Park was surveyed to contain 14 lots.
Each deed in succession is subject to certain covenants with the words,
That no dwelling house, hereafter to be erected on any numbered lot on said plan, shall be
of a style of architecture other than the "Cape Cod" style so-called, said dwelling house.
That no such dwelling house shall be located within 35 feet of said Bass River Parkway as
shown on said plan nor within twenty feet of any other sideline of said lots as shown in said
plan, and That the way 20 feet in width between Bass River Parkway and River Street as
shown on said plan shall not be used for vehicular traffic, but for foot traffic only.
Also, The Grantor hereby covenants that the dwelling house on the above described
premises was constructed and erected on the said premises prior to September 11,1935.
I believe the house located on lot 13 was built shortly after the lot was sold to Craig, which
puts it's potential at 99 years old. I think it is worth discussing as the hand drawn plan on
the Assessor's Report leaves some questions.
I asked if he had found anything about the garage, since you are sure it was built after the house.
His reply:
I did not, however, the language of the deed covenants would indicate the outbuildings
would correlate with the house covenants. In other words, the "garage" should not be taller
than the house and should be in the same proportion of roof lines and such. Bob
I asked for further clarification, asking if that meant that he would want to seethe plans for the new
garage to ensure the garage would not break any of the house covenants, and he said yes.
So, when you have plans for the new garage, I can share them with the HC so they can ensure it meets
the house covenants. I don't know if they will want to meet regarding the new plans or can just review
over email, but we can figure that out when we get to that point.
Sorry for all the cutting and pasting but I wanted you to have the language they are looking at!
Please let me know if you have any questions.
Thanks Erik,
Lisa
From: Erik Tolley <erik@ertarchitects.com>
Sent: Tuesday, July 14, 2026 12:09 PM
To: Sherman, Lisa <LShermanvarmouth.ma.us>
Subject: Re: 24 Bss river Parkway
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you know the content is safe. Cali the
sender to verify if unsure. Otherwise delete this email.
Great! Thankyou!
On Tue, Jut 14, 2026 at 10:31 AM Sherman, Lisa <LShermanCayarmouth.ma.us> wrote:
Hi Erik,
I did some research on Friday and sent what I found to the HC and asked them how to handle —
waiting for responses.
I'll send a follow up today...
Thanks Erik,
Lisa
From: Erik Tolley <erik@ertarchitects.com>
Sent: Tuesday, July 14, 2026 8:32 AM
To: Sherman, Lisa <LShermanRyarmouth_ma.us>
Subject: 24 Bss river Parkway
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unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
Hi Lisa,
I'm just checking in to see if you have any new info on this. Specifically, whether or not the portion of
the house slated for demo would trigger any kind of HDC involvement.
Please let me know.
Thankyou!
Erik
Erik Robert Tolley, RA, LEED AP, NCARB
Architect/Principal
ERT Architects, Inc.
r►k1A ._ , - 2 -114 + 11
508.362.8883
Erik Robert Tolley, RA, LEED AP, NCARB
Architect/Principal
ERT Architects, Inc.
►►►►► I i + � i.
508.362.8883
Erik Robert Tolley, RA, LEED AP, NCARB
Architect/Principal
ERT Architects, Inc.
www.ERTArchi ects.com
508.362.8883
Erik Robert Tolley, RA, LEED AP, NCARB
Architect/Principal
E RT Arc h ite cts, Inc.
508.362.8883
0
Erik Robert Tolley, RA, LEED AP, NCARB
Architect/Principal
ERTArchitects, Inc.
www.EB'Architects.com
508.362.8883
Sherman, Lisa
From: Bob Kelley <bk.bassriver@gmail.com>
Sent: Thursday, July 16, 202610:37 AM
To: Sherman, Lisa
Cc: 'David Geanacopoulos'; 'Jeanette Maillet'; 'Mackenzie Johnson'; 'Sam Lawrence'; Julie
Mockabee
Subject: RE: 24 Bass River Parkway - Alteration Request
Attachments: 24 BRPKWY HDC 07.15.2026 .pdf
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unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
Lisa I have noticed that the house setback is 31.5' and the covenants say 35', and the new
garage is 14.5' and the normal setback is 20'. It appears that a small ell was erected on the
original garage putting it in excess of the setback. That probably never should have been done.
If Buildings has approved these plans then I guess I am OK with it. It just seems that because
the house setback has been violated somewhere down the line, it is OK to do the same for the
garage. Bob
From: Sherman, Lisa <LSherman@yarmouth.ma.us>
Sent: Thursday, July 16, 2026 8:53 AM
To: Bob Kelley <bk.bassriver@gmail.com>
Cc: Sherman, Lisa <LSherman@yarmouth.ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
Hi Bob,
I believe you're right!
Attached please find the plans that Erik shared about the garage demo and replacement.
Please let me know if you need any additional information — I can reach out to Erik with any questions.
Thanks Bob,
Lisa
From: Bob Kelley <bk.bassriver@gmail.com>
Sent: Thursday, July 16, 2026 7:35 AM
To: Sherman, Lisa <LSherman@varmouth.ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
It seems I am the only one that wants to see him. I am happy to see the plans myself, and if I
think we should explore more I can let you know. Bob
From: Sherman, Lisa <LSherman[ yarmouth.ma.us>
Sent: Wednesday, July 15, 2026 8:30 AM
To: Bob Kelley <bk.bassriver@rzmail.com>
Cc: Sherman, Lisa <LShermanyarmouth.ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
OK, thanks for clarifying Bob- I'll reach out to Erik!
From: Bob Kelley <bk.bassriver@gmail.com>
Sent: Tuesday, July 14, 2026 9:42 PM
To: Sherman, Lisa <LSherman . varmouth.ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
Yes Lisa.
From: Sherman, Lisa <Lsherman@yarmouth.ma.us>
Sent: Tuesday, July 14, 2026 2:27 PM
To: Bob Kelley <bk.bassriyer n{ gmail.com>; 'Julie Mockabee' <Julie@vanyuardmovingservices.com>; 'David
Geanacopoulos' <davidgeanacoipoulos jgmail.com>;'Jeanette Maillet' <iem602 P msn.com>;'Mackenzie Johnson'
<kenzieiohnson19@_xmalI.com>; 'Sam Lawrence' <snlawrence1994@gmail.com>
Cc: Sherman, Lisa <LSherman(DYarmouth. ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
OK, Bob — I see. So you would want to see the plans for the new garage, to ensure that any new
construction would not break any of the house covenants?
From: Bob Kelley <bk.bassriver@Rmail.com>
Sent: Tuesday, July 14, 2026 2:11 PM
To: Sherman, Lisa <LSherman@varmouth.ma.us>;'Julie Mockabee' <iuIieC vanguardmovingservices.com>;'David
GeanacopouIos'<david geanacoPoulos @Rrnail.com>;'Jeanette Mail let' <iem602@msn.com>;'Mackenzie Johnson'
<kenzieiohnson19@P,mail.com>;'Sam Lawrence' <snlawrence1994@izmail.com>
Subject: R£: 24 Bass River Parkway -Alteration Request
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you Know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
I did not, however, the language of the deed covenants would indicate the outbuildings would
correlate with the house covenants. In other words, the "garage" should not be taller than the
house, and should be in the same proportion of roof lines and such. Bob
From: Sherman, Lisa <LSherman@varmouth.ma.us>
Sent: Tuesday, July 14, 2026 2:00 PM
To: Bob Kelley <bk.bassriver@gmail.com>; 'Julie Mockabee' <Julie@yanguardmovinFservices.com>;'David
Geanacopoulos' <davidgeanacopoulos@email.com>;'Jeanette Maillet' <iem602@msn.com>;'Mackenzie Johnson'
<kenzieiohnson19@email.com>; 'Sam Lawrence' <snlawrence1994Cu@email.com>
Cc: Sherman, Lisa <LSherman@varmouth.ma.us>
Subject: RE: 24 Bass River Parkway - Alteration Request
Hi Bob,
Did you come across anything in your research related to the garage, since that's what the owners want
to demolish? Does it seem the garage was built around the same time as the house, based on your
research?
Thanks Bob,
Lisa
From: Bob Kelley <bk.bassriver@Rmail.com>
Sent: Tuesday, July 14, 2026 10:47 AM
To:'Julie Mockabee'<iulie@vanguardmovineservices.com>; Sherman, Lisa <LShermanarmouth.ma.us>;'David
Geanacopoulos' <davideeanacopoulos@smail.com>; 'Jeanette Mail let' <iem602@msn.com>; 'Mackenzie Johnson'
<kenzieiohnson19@srmail.com>; 'Sam Lawrence' <snlawrence1994@g mail.com>
Subject: RE: 24 Bass River Parkway -Alteration Request
Attention!: This email originates outside of the organization. Do not open attachments or click links
unless you are sure this email is from a known sender and you know the content is safe. Call the
sender to verify if unsure. Otherwise delete this email.
I have done a deed search on the property lot number 13 in Bass River Park.
This property was owned by James Mott Hallowell in the early 201" century. This lot was sold to
developers Woodruff and Thomas, Inc. A deed from the developers, Woodruff and Thomas,
Inc. to Howard H. Craig, dated 3 Sept. 1927, conveyed lot number 13, the property being
discussed. This development of Bass River Park was surveyed to contain 14 lots.
Each deed in succession is subject to certain covenants with the words,
That no dwelling house, hereafter to be erected on any numbered lot on said plan, shall be of a
style of architecture other than the "Cape Cod" style so-called, said dwelling house.
That no such dwelling house shall be located within 35 feet of said Bass River Parkway as
shown on said plan nor within twenty feet of any other sideline of said lots as shown in said
plan; and That the way 20 feet in width between Bass River Parkway and River Street as shown
on said plan shall not be used for vehicular traffic, but for foot traffic only.
Also, The Grantor hereby covenants that the dwelling house on the above described premises
was constructed and erected on the said premises prior to September 11, 1935.
I believe the house located on lot 13 was built shortly after the lot was sold to Craig, which
puts it's potential at 99 years old. I think it is worth discussing as the hand drawn plan on the
Assessor's Report leaves some questions.
Regards, Bob
From: Julie Mockabee <Julie@yanguardmovingservices.com>
Sent: Tuesday, July 14, 2026 9:31 AM
To: Sherman, Lisa <LSherman@varmouth.ma.us>; Bob Kelley (bk.bassriverePgmail.com) <bk.bassriver@gmail.com>;
David Geanacopoulos <davideeanacopoulos@gmail.com>; Jeanette Maillet <1em602@msn.com>; Mackenzie Johnson
(kenzieiohnsonl9@gmail.com) <kenzieiohnson19Pgmail.com>; Sam Lawrence (snlawrencel994@email.com)
<sn1awrence19942LMail.com>
Subject: RE: 24 Bass River Parkway - Alteration Request
Lisa,
I would defer to Bob's judgement on this one. It does not appear historic from the back in the photo and while it is not
viewed from the street, I don't see any issue, but would want to hear what Bob would say.
-Julie
From: Sherman, Lisa <LSherman@yarmouth.ma.us>
Sent: Friday, July 10, 2026 4:21 PM
To: Bob Kelley (bk.bassriver@email.com) <bk.bassriveremail.com>; David Geanacopoulos
<david eanaco oulos mail.com>; Jeanette Maillet <jem602@msn.com>; Julie Mockabee
<iulie@vanauardmovingservices.cam>; Mackenzie Johnson (kenzieiohnsonl9@emaii.com)
<kenzie'ohnson19t@gmail.com>; Sam Lawrence (snlawrence1994 mail.com) <snlawrence1994@,qmail.com>
Cc: Sherman, Lisa <LShermanPyarmouth.ma.us>
Subject: 24 Bass River Parkway - Alteration Request
Hi,
Erik Tolley stopped by with a question about 24 Bass River Parkway. He has been asked by the
homeowner to replace the garage, which is behind the house and not visible from the front facade. If you
review the attached PDF, you can see the garage on the right of the photo of the rear of the house. The
house is dated 1920 (he was told it was moved to its current location in the 1920s), and he thinks the
garage was built later.
4
The house is not in the South Yarmouth/Bass River Historic District, but is over 75 years old, though the
date of the garage is questionable.
I've attached the CCC definition on what is considered a "substantial alteration", since the YHC has
followed this guidance in the past when evaluating requested alterations to a property. Although the
property is not listed on the National Register of Historic Places, nor is in the historic district, the YHC
has relied on the CCC's guidelines to ensure proper handling of these types of requests.
Based on review of the CCC regulations regarding alterations of properties, I don't think the YHC would
need to weigh in on this project since it would not be considered a "substantial alteration" per the CCC
but wanted your thoughts before I reach out to Erik.
Please let me know what you think so I can advise Erik on the process we need to follow for this alteration
request.
Thanks, and have a great weekend!
Lisa
Lisa Sherman
Town of Yarmouth
Administrator, Old King's Highway Historic District and Yarmouth Historical Commission
508-398-2231, ext. 1292
lsher an(ayarmouth.ma.us
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