Yarmouth historic committee denies vinyl fence at 138 Setauket Road

The Old Kings Highway Historic District Committee voted on July 13 to deny a certificate of appropriateness for an existing vinyl fence at 138 Setauket Road, owned by Narval and Suzette Marks, after concluding the material violates the district’s fencing criteria.

Chair (speaker 2) read two neighbor letters of support but told the Marks the town had issued a violation because the fences criteria prohibit vinyl: “The violation letter is specifically because of the material, the vinyl.” The committee majority said the regulation leaves little room for exception and that permitting vinyl would undercut enforcement elsewhere in the district.

Suzette Marks (speaker 8) told the committee she did not realize vinyl was prohibited and said she installed the fence before receiving the violation notice: “If I knew it was, you know, a violation to begin with, it wouldn't be there.” Members noted the owners had the option to replace the fence with an approved material or reapply with a different design and to consult building-inspector guidance before proceeding.

Committee members discussed the appearance and placement of the existing front section and whether a rear wood fence for a pool could be submitted separately; the committee repeatedly urged the owners to work with staff to plan an approved replacement and said the fence company should have known local regulations. The committee moved to deny the application; the motion carried and the chair advised the owners to remove the vinyl or replace it with materials that meet the district criteria.

What’s next: The owners were told to remove the vinyl fence or replace it with an approved material and reapply. The denial is subject to the standard 10-calendar-day appeal period after the decision is filed with the town clerk.