HomeMy WebLinkAboutAppeal Decision 36 Route 6A-w-
OLD KING'S HIGHWAY REGIONAL HISTORIC DISTRICT COMMISSION ' ,�
P.O. Box 140, Barnstable, Massachusetts 02630-0140 - -f I'=
Tel: 508-775-1766
SEP 0 8 2Q2g
Joan Lynch and Thomas Gilligan, Applicant Old 1<i: Highway
Hipirnrs^ Distract
Vs.
Decision for Appeal No. 2026-3
Old King's Highway Regional Historic
District Committee for the Town of Yarmouth, Appellee
On Tuesday, September 1, 2026, at 1:30 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. 2026-3 filed by Joan Lynch and Thomas
Gilligan seeking reversal of the Yarmouth Town Committee's decision denying a
Certificate of Appropriateness for aluminum gutters on a 1830 dwelling located at 36
Route 6A, Yarmouth Port, Massachusetts. The property is identified as being shown on
Town Map 121, Lot #1. The Yarmouth Town Committee's decision was filed with the
Yarmouth Town Clerk on July 28, 2026. The Appeal Petition was filed with the Regional
Commission on Wednesday, August 5, 2026, 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 for the Regional Commission were Chairperson William E. Bohlin of Dennis;
Vice -Chairperson James Trabulsie of Brewster; Member Diane Dileo of Sandwich;
Member Elizabeth McCarthy of Barnstable; Member Robert Wilkins of Yarmouth;
Member Richard Weeks of Orleans; James R. Wilson, Regional Commission's
Administrative Counsel and Jennifer E. Vecchi, Regional Commission's Litigation
Counsel.
Present for the Applicant were Contractor Everett M. Story, Jr., of The Gutter Guy Co.
Inc., 10 Cleveland Way, West Yarmouth, Massachusetts and the Applicants Joan Lynch
and Thomas Gilligan.
Commencement of the Meeting & Hearing:
Chairperson William E. Bohlin of Dennis called the meeting to order at 1.30 P.M. and
presided throughout the meeting. He read the posted legal notice for Appeal No. 2026-3
and stated that the following list of documents and exhibits had been reviewed by the
Regional Commissioners for the appeal hearing.
List of all Documents and Exhibits for the Appeal Hearing:
1.) The Regional Commissioners reviewed the Appeal Petition with attachment setting
forth the Applicant's reason for the appeal.
2.) A three-ring binder with thirteen (13) Sections including photographs of nearby
dwellings, subject property, email correspondence, Aluminum Gutter style, and Estimates
of the high cost to install fiberglass gutter replacements.
3.) The Regional Commissioners had reviewed the Yarmouth Town Committee's file for
Application #26-A090 with the Application for a Certificate of Appropriateness for the
installation of aluminum gutters, Amendment Form/Minor Changes, Statement of
Understanding, 45-Day Time Waiver, General Specification Sheet, Certified Assessor's
List of Abutters with portion of Yarmouth Town Map No. 121, a K-style Aluminum
Gutter image, and 7 pictures of the dwelling and existing wooden gutter conditions.
4.) The Regional Commissioners had reviewed the Minutes and Yarmouth video of the
July 27, 2026, Yarmouth Town Committee Meeting,
5.) The Regional Commissioners had individually visited the site and observed the
neighborhood setting, topography, vegetation, and features of the buildings and structures
in the immediate surrounding area.
Applicant's Presentation:
Joan Lynch addressed the Regional Commissioners in support of the appeal. She claimed
that all her abutters had white aluminum gutters on their antique dwellings and that the
use of aluminum gutters was a common feature in the immediate surroundings of her
dwelling.
She submitted a three-ring binder with a portion of the Yarmouth G1S map of the
neighborhood indicating the location of nearby dwellings and depicting with photographs
the existence and use of white aluminum gutters in her neighborhood.
Ms. Lynch submitted photographs of her dwelling as seen from Route 6A showing the
existence of obstructing vegetation and the long uphill setback (150 Ft.). She inferred that
these factors would significantly reduce the public's view of the white aluminum gutter's
details when placed on the front of the house.
She claimed that that the Yarmouth Town Committee had exceeded its authority in
requiring the use of expensive fiberglass gutters instead of the common white aluminum
gutters. She suggested that because aluminum gutters were so common in the area that it
would be incongruent to require the use of the fiberglass gutters.
She concluded her presentation by requesting that the Regional Commission allow the
appeal and permit the use of the white aluminum gutters.
Yarmouth Town Committee's Presentation:
Robert Wilkins, Chairperson of the Yarmouth Town Committee, stated that the
Yarmouth Town Committee reviews each application based on its own merits.
4
He stated that the Yarmouth Town Committee also looks to the United States Secretary
of the Interior's Guidelines for assistance in historic preservation matters which in this
situation would appear to support not replacing wooden gutters with aluminum gutters on
this historic house.
Mr. Wilkins claimed that none of the nearby dwellings that had white aluminum gutters
were of the same detailed craftmanship and style as the subject property.
He noted that in this case, the Applicant agreed at the hearing to substitute a more
compatible material on the front of the dwelling. He indicated that the Yarmouth Town
Committee believed that the aluminum gutters would result in a significant change in the
historic appearance of the antique Greek Revival building's historic character.
He concluded by suggesting that the dwelling was very historically significant and a
show place for the people traveling along the Old King's Highway in Yarmouth Port.
Public Comment:
Chairman Bohlin asked for public comment on the appeal.
Fred Eckhardt of Yarmouth fort identified himself as a preservationist consultant and
spoke against the use of the K-style white aluminum gutters. He expressed an opinion
that replacing the existing wooden gutters with the K-style white aluminum gutters would
not preserve the historic appearance of the antique dwelling.
Applicant's Rebuttal & Conclusion:
Ms. Lynch indicated that it was her understanding that only fiberglass was suggested as
an alternative to the proposed white aluminum gutters.
She stated that Mr. Story was present to answer any questions that the Regional
Commissioners might have about the proposed installation of the aluminum gutters.
Chairman Bohlin indicated that it would be best to wait until the Question & Answer
session of the review process.
Yarmouth Town Committee Rebuttal & Conclusion:
Mr. Wilkins stated that in the written appeal form, it was alleged that the fiberglass
gutters would be much heavier than the wooden or aluminum gutters and thereby might
stress the wooden trim behind the gutters. He stated that his research showed that
fiberglass gutters were one-half or less the weight of the existing wooden gutters.
and would not damage the dwelling.
He concluded by repeating his opinion that the K-style aluminum gutters will not match
the physical profile of the exiting wooden gutters.
Ouestion & Answers:
Commissioner Weeks of Orleans asked Mr. Story to clarify the difference in the gutter
profiles.
Mr. Story answered that the aluminum K-style molding matches the existing wooden
gutter. He stated that the fiberglass will deteriorate with weather and will need sanding
and painting.
Commissioner DiLeo of Sandwich asked if replacement aluminum gutters would have
the glossy white finish that "catches the light."
Mr. Story stated that the current white aluminum gutters have baked enamel finish that
will look like a high gloss white paint finish and will not capture the dirt.
Commissioner DiLeo asked about the size and depth of the proposed aluminum gutters.
Mr. Story claimed that the aluminum gutters would match the appearance of the existing
wooden gutters.
Closure of Public Hearine:
Chairman closed the public hearing and announced that the Regional Commission would
deliberate on the appeal.
Regional Commissioners' Discussion:
Commissioner Trabulsie of Brewster began the discussion by stating that the Yarmouth
Town Committee did not approve of the white aluminum gutters but did approve the
fiberglass and the Applicant accepted the decision. The matter should go back to the
Yarmouth Town Committee to make a full and complete judgment about the profile of
the proposed white aluminum gutters being placed on the historic dwelling.
Chairperson Bohlin noted that the visual impact from a public way is so minimal, He
suggested that the house is significantly set back from the Old King's Highway and that
white aluminum gutters are a common feature throughout the historic district.
Mr. Trabulsie agreed with the Chairperson's observation about the 150 feet set back from
the Street but indicated that he was concerned about the procedure.
Commissioner DiLeo stated that gutters had never been a consideration for her. However,
she indicated that when it comes to a prominent historic building, preserving where
possible the original exterior architectural features is a major priority.
4
Commissioner McCarthy indicated that she felt that white aluminum gutters can be
approved if the quality of the building's appearance is preserved.
Commissioner Weeks expressed an opinion that denying the replacement of wooden
gutters with white aluminum gutters was arbitrary and an exercise of poor judgment by
the Yarmouth Town Committee.
Chairman Bohlin agreed with Mr. Weeks and suggested that the Regional Commission
should overturn and approve the white aluminum gutters.
The Regional Commission tindin2s:
Commissioner Weeks moved, seconded by Commissioner Bohlin, that the following
findings of fact be approved and incorporated into the Regional Commission's decision.
1. The project consists of a request for a Certificate of Appropriateness in Yarmouth
Application No. 26-A090 to replace the existing wooden gutters with aluminum gutters
on an 1830 Greek Revival style dwelling located at 36 Main Street (Route 6A), Yarmouth
Port, Massachusetts, which property is identified as being shown on Yarmouth Town Map
121, Lot # 1.
2. The property is located within the Old King's Highway Regional Historic District.
3. The replacement of the existing wooden gutter's texture and material with white
aluminum gutters will not significantly diminish the historical appearance of the
neighborhood.
4. The appearance of the proposed white aluminum gutters would not be obviously
incongruous with the existing historical appearance of the 1830 Greek Revival dwelling
and the purposes of the Old King's Highway Regional Historic District Act (Chapter 470
of the Acts of 1973, as amended).
5. The denial of Certificate of Appropriateness in Application No. 26-A090 by the
Yarmouth Town Committee was an exercise of poor judgment.
6. The Amendment condition of the Certificate of Appropriateness in Application No. 26-
A090 should be deleted and the original application should be approved as originally
submitted.
The motion was adopted by a vote of 3-2-1 (Weeks, McCarthy, and Bohlin in favor;
Dileo and Trabulsie opposed; and Wilkins abstaining).
Regional Commission's Determination:
Commissioner Weeks moved, seconded by Commissioner Bohlin that the Regional
Commission vote to annul the decision by the Yarmouth Town Committee issuing a
Certificate of Appropriateness in Yarmouth Application No. 26-A090, containing the
amended restriction that the replacement gutters on the Main Street (Route 6A) front of
the dwelling located at 36 Main Street (Route 6A), Yarmouth Port, Massachusetts, be of a
fiberglass, Azek, or wooden material instead of a metal aluminum material. The
Amendment condition of the Certificate of Appropriateness in Application No. 26-AO90
is deleted and the application is approved as originally submitted.
The motion was adopted by a vote of 3-2-1 (Weeks, McCarthy, & Bohlin in favor; Dileo
and Trabulsie opposed; and Wilkins 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: September 8, 2026 lames Trabulsie, Vice Chairperson
A