An important piece of paper waits inside the homes and the outgoing mail of Bryan Ranch residents this week.
A mail-in ballot, which is due by April 27, may mark the end to an on-going battle between billionaire David Duffield, founder of PeopleSoft, and longtime members of the community.
The amendment would limit homes in the quiet, secluded neighborhood of Bryan Ranch to 10,000 square feet – about the size of a typical grocery store.
“I’m afraid people won’t take the time to send it in,” said resident Mary Barron.
For the amendment to pass, at least 75 percent of Bryan Ranch residents must vote “yes” and send the ballot to Jean Bates & Associates by mail. A ballot that isn’t returned is counted as a “no” vote.
The Duffield’s original plans for a 72,000-square-foot mansion at 7 Country Oak Lane were downsized to 17,000 square feet in December, after 80 percent of Bryan Ranch neighbors signed a petition against it. An amendment to the Bryan Ranch Home Owners Association regulations was filed with Contra Costa County in November.
“It’s still like having a Safeway or a Wal-Mart put in up here,” said Elizabeth Pelletier, who lives next door on Country Oak Lane.
Many residents of Bryan Ranch say constructing a mansion this size destroys the ambiance of the quaint rural neighborhood, which overlooks the dramatic green hills of Alamo.
But Duffield and his spokesman say the house size is appropriate for the size of the lot, and insist it is needed to accommodate large family gatherings.
Duffield’s attorney Andrew B. Sabey approached the Bryan Ranch board of directors early this year, citing flaws with the original amendment and threatening a lawsuit. A re-vote was then sent out in late March.
Sabey said the previous petition didn’t give residents enough time to consider the issue. A proper homeowners association debate, along with a letter detailing the pros and cons, were needed to ensure the process was fair and accurate, he said.
“A mail-in ballot is confidential; there’s no pressure to sign in front of your neighbors or your friends,” Sabey said.
It is the best, most cost-effective way to vote, short of setting up a poll, he said.
Advocates of the amendment feel a mail-in vote puts them at an unfair disadvantage.
“The nature of a mail-in ballot is that the odds are already stacked against us. It’s very smart of them,” Pelletier said.
If the amendment is not passed, it sets a precedent, allowing similar large structures to be built in Bryan Ranch in the future. This is likely to positively affect property values, Duffield’s spokesmen said.
A “no” vote potentially means years of construction traffic around 7 Country Oak Lane. It also supports having no limit on the size of houses that can be built in Bryan Ranch.
“His lawyers cast a lot of doubt by sending letters out to the homeowners,” Pelletier said.
In a letter to the Bryan Ranch Home Owners Association, Mary-Jo Bedayn, who organized the petition, refuted claims that signatures were gathered in an unprofessional way.
“I am very disappointed to hear that we who visited the neighbors on this issue are also being painted as coercive,” wrote Bedayn. “Everyone had to agree to sign their name and those that declined did so without any malice from us.”
Members of Save Bryan Ranch, a group formed to protect the area’s character, say now the burden of proof should rest on Duffield.
Sabey said, from a legal point of view, that way of thinking doesn’t make sense.
“Proponents of change bear the weight,” he said.
While the vote may mark the end to a battle over house size, some residents say they can’t help hard feelings about the way the Duffields approached the conflict.
“If the Duffields care so much about the community at large, why don’t they listen to what 80 percent of their neighbors are saying?” Pelletier said.
The Duffields have said they chose to downsize their house to respect the wishes of the Bryan Ranch Community.
It is difficult to go against a billionaire who has his own public relations spokesperson and an attorney, Pelletier said.
“People are afraid they are going to get sued,” said neighbor Alicia Nance.
Earlier this month, the Duffields donated money to the Devil Mountain Run, a long-time community event that nearly ceased from lack of funding. They also contribute to other philanthropic causes, oftentimes to help children and animals.
Neighbors say they would like to see a similar sensitivity and concern for the community shown to Bryan Ranch residents.
“When donations are made, it’s hard to counter that,” Pelletier said.
Duffield said his choice to fund the Devil Mountain Run is unrelated to the controversy over his home.
Results of the vote are expected promptly after April 28.
