HISTORIC PRESERVATION COMMISSION HEARING MINUTES JULY 23, 2015

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1 HISTORIC PRESERVATION COMMISSION HEARING MINUTES JULY 23, 2015 Commissioners Scott Winnette, Chairman Stephen Parnes, Vice Chairman (not present) Dan Lawton Michael Simons (not present) Rebecca Cybularz Carrie Albee Chase Tydings, Alternate (not present) Aldermanic Representative Donna Kuzemchak Staff, Historic Preservation Planner Christina Martinkosky, Historic Preservation Planner Scott Waxter, Assistant City Attorney Matt Davis, Manager of Comprehensive Planning Shannon Pyles, HPC Administrative Assistant (not present) Call to Order Mr. Winnette called the meeting to order at 6:00 P.M. He stated that the technical qualifications of the Commission and the staff are on file with the City of Frederick and are made a part of each and every case before the Commission. He also noted that the Frederick City Historic Preservation Commission uses the Guidelines adopted by the Mayor and Board of Aldermen and the Secretary of the Interior s Standards for Rehabilitation published by the U. S. Department of the Interior, National Park Service, and these Guidelines are made a part of each and every case. All cases were duly advertised in the Frederick News Post in accordance with Section 301 of the Land Management Code. I. Public Hearing Swearing In Do you solemnly swear or affirm that the responses given and statements made in this hearing before the Historic Preservation Commission will be the whole truth and nothing but the truth? If so, answer I do. II. Announcements Ms. Martinkosky announced that the Mayor and Board of Alderman voted to designate the former Frederick County Jail with a Historic Preservation Overlay so this is a huge win for preservation. 1

2 III. Approval of Minutes 1. July 9, 2015 Hearing/Workshop Minutes Motion: Scott Winnette moved to approve the July 9, 2015 hearing and workshop minutes as written. IV. HPC Business 2. Review and Recommendation of Amendments to the Land Management Code, Section 423(b)(3)(B), Criteria for Designation V. Consent Items 3. HPC E. 5 th Street Thomas Trott Amendments to previous Level 2 approval Ron Hemby, agent 4. HPC W. Patrick Street Eric & Lori Rice Install metal railing at front stoop Motion: Scott Winnette moved to approve the consent agenda which includes HPC at 126 E. 5 th Street and HPC at 245 W. Patrick Street. Second: Carrie Albee VI. Cases to be Heard 5. HPC E. 5 th Street Habitat for Humanity of Fred. County MD Demolish principal structure Ron Cramer, agent Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Public Comment Gil House, born and raised in Frederick, stated that he was somewhat involved with the building back in 2008 when the original demolition was being proposed and he saw that the deed could only be run back to 1828 so he decided to do it from the beginning when the lot changed hands. He said that this was in May of 1764 and what happened was there was a charge for ground rent starting in 1770 but one of the requirements was to build a building of 400 square feet within three years of that date so there should have been a building on that site in He went on to say that the original owner in about 1820 was 2

3 essentially bankrupt and sold all their household goods so there is a gap in the time period between 1820 and 1828 when Mary Rose got the property from the Sheriff. He stated that they only thing he can think that happened is the gentleman died without a will and it was taken over by the Sheriff. He said that he obtained a copy of Doug Reed s report and he learned some things. Kevin Sellner, resident at 102 E. 5 th Street, stated that in 2008 someone could just touch the mortar and go right through into the interior of the house so he thought Mr. Reed s conclusion of going in the house during the iced up period was the safest opportunity. He said that based on that and being someone who lives right across the street he would hate to see people going in there unannounced and at their free will and them being seriously hurt. He went on to say that he thought Ms. Albee brought up saving as many artifacts as possible during demolition and he wanted to volunteer to go through that material if the County or City would so wish any help in doing that but it should be demolished because it is a terrible catastrophe waiting to happen. Anthony Moscato, resident at 9 E. South Street and representative of Frederick Preservation Trust, stated that the Preservation Trust this year recommended the site for the This Place Matters annual program and they ended up changing the sign from This Place Matters to This Place Mattered because of the level of neglect that has occurred at this property. He said that he personally thought that Habitat for Humanity has a phenomenal mission statement and they do really good work however he thought that in the future they need to recognize what it takes to do business in the historic district so if they own anymore properties in Frederick City they need to realize and be responsible for those properties. Motion: Scott Winnette moved to continue this case to the August 13, 2015 hearing. 6. HPC W. All Saints Street Kevin & Margaret Hluch Porch addition Public Comment Peter Samuel, resident at 102 W. 3 rd Street, stated that he thought this will add a great deal of interest to the building and he loved the design spiral stairs and the way the two balconies overlap each other. Motion: Dan Lawton moved to approve the application to install a two story steel balcony with vertical square baluster and 4 inch square poles but those details to be submitted to staff for final approval and to replace the first floor door with a new door as submitted and to enlarge the second floor window into a doorway maintaining the existing lintel and width and also installing new door with the two new doors to be painted or stained with a solid color opaque stain with glass as submitted and on the east end of the second floor the decking and railing be held 4 to 6 inches less wide than the building itself and on the west edge of the first floor the decking and structure be held in 4 to 6 inches from the vertical edge of the building and the small ramp piece coming into meet it. The door hardware and locations of the light fixtures should be submitted for final staff approval. 3

4 7. HPC Record Street James E. Roembke, Jr. Remove five trees Public Comment Dale Dowling, resident at 121 W. 2 nd Street, stated that the neighbors have not had an opportunity to see the landscape plan so they have no idea if their concerns have been addressed or not. She said that one of the primary concerns was about the Boxwoods that blocked the parking view and that screening is addressed. She went on to say that this plan has been totally changed and it should have gone to workshop before hearing and this has put the public and the neighborhood at a tremendous disadvantage. She added that it was the goal of the task force that assembled the current HPC Guidelines to create a document with standalone chapters and the plan was to relieve applicants and the Commission of the necessity of hunting through the Guidelines for applicable material for each case. She said that unfortunately that was not achieved and now there is a case before you that they are required to review but there are no clear Guidelines for the review within the landscape section. She asked where would they find the direction and intent of the writers of the Guidelines since context is a very important consideration in all decisions. She said that in their set of Guidelines under cultural context onpage 30 The Frederick Town Historic District includes historic landscapes that are essential parts of the district s heritage and that reflect the evolution of the Historic District over some 250 years. The historic district has always been characterized by areas of green space, whether for gardens, cemeteries, livestock, or formal setting for prominent buildings. Historically, the major public landscaped areas were the park-like setting of the Frederick County Courthouse (now City Hall). She said that this park like setting is the primary example in the Guidelines for the cultural context of the City and the other important part in this one paragraph is the word evolution because she was astounded to hear at the last meeting that they are taking into consideration the age of those trees and because they think they are 30 years old they don t need to be protected. She stated that they need to look around town and see how many trees from the era of significance from this town are still standing and she asked if everything is available for demolition and to be cut down just because it wasn t around the building when it was built. She went on to say that in the general parameters for reviewing changes on page 12 states these general Guidelines specifically address the history, architecture and landscape of Frederick and calls out the hierarchy of street facades and somehow it was decided that the side that is obstructed is now the primary façade despite what now faces City Hall and she would argue that this building/lot has three street fronts and in fact the character defining street front faces the area of buildings that they have in the Guidelines to illustrate streetscape and the importance of the cultural streetscape in the Frederick. She said that as somebody that has written two sets of Guidelines she does not ever remember anybody being allowed to make an argument for the change in their property based on ease of maintenance and cost. She stated that the people that live in these neighborhoods have put more than a $100,000 into their buildings. Peter Samuel, resident at 102 W. 3 rd Street, stated that this should go to a workshop if only for the neighbors to understand in more detail what is being proposed. He said that he personally thought that there is a compromise but this is not quite it. He if it were to go to workshop they could discuss the immediate removal of the trees on either side of the walkway so it can be opened up and they could plant Dogwoods but not present the streetscape with the shock of removing them all at once. He went on to say that he thought they needed to know more about the street trees that are being proposed because he felt that is an excellent move because that would help restore the tree canopy. He said that another problem he had with the plan is he did not think the car parking is going to be properly screened for quite a number of 4

5 years since Boxwoods are slow growing and he thought some kind of fence is needed so the rawness of car parking is immediately removed. Fred Michel, resident at 202 College Avenue, stated that staff allowed the property owner the ability to treat the Boxwood as though it were a dandelion and he believes the time has come take another look at those Guidelines. He said that they should assess whether the Boxwood contributed to the beauty of downtown and he thought that it did. He went on to say that they should reevaluate what it considered to be a shrub because some shrubs enhance the downtown so if nothing else happens out of this he suggested that a reevaluation of significant shrubs are registry be done. He said that those shrubs in the City that contribute to the beauty of the downtown at least be recorded. Jane Gallart, resident at 119 W. 2 nd Street, stated that the integrity of the streetscape would be significantly compromised by the removal of these trees and of course there were no trees in the 1937 photograph because it was new construction and typically you do not have trees in new construction. She said that her concern is that it really hasn t been brought before the neighbors and she thought that it should be moved to a workshop. She asked if the landscape being proposed would be something the applicant would be held to or if it was something to just get the public to sit down. Teresa Mathias Michel, resident at 103 Council Street, stated that as a child she signed a children s petition to save the academy building, a large and important federal structure and school laid out before the Revolution of 1770 which originally occupied the lot on which 116 Record Street now stands. She said that she is a former member of the Maryland Historical Trust and of Preservation Maryland and have experienced the benefits of strong community guidelines for contributing buildings and while she looks forward to getting to know the new neighbor she is concerned about the lack of a comprehensive and thoughtful plan for the streetscape of 116 Record Street. She went on to say that the landscaping choices create the streetscape and as public interest to the much admired community and of this area in particular. She stated that she thought the Hawthorn trees could be fed, watered, and pruned correctly to a great advantage. She asked that the same number of trees as well as size and canopy be planted if the trees are approved for removal. She said that in addition she is disappointed to see that the property s Box bushes were allowed to be removed and she understood that there was discussion about what was originally planted on the property and note that these Box bushes were the original plantings on the property. She stated that she would encourage the Commission to work with the new owners and members of the neighborhood to achieve a landscape plan that shields unsightly parking areas and building mechanical and when the previous owners bought the property considerable planning went into the landscape choices that were appropriate for Frederick s most historic neighborhood. Susan Malamet, resident at 121 Record Street, stated that they are extraordinarily concerned with the creation of an unsightly corner at what is the entry of Record Street and that was with the removal of the Boxwoods and the other hedges which miraculously fell below the 12 rule. She said that they now have a unsightly corner with exposed parking and she can guarantee that when the horse drawn carriages come down Record Street at Christmas time they are not going to want to look at the parking that was all shielded. She went on to say that she is not convinced that eight trees, a combination of Dogwood and Lilac trees, is going to replace the canopy that is lost by removing the five trees that are proposed. She stated that she had the pleasure of speaking with the new manager of sustainability in Frederick and she pointed out to her that Frederick City is the lowest in the region in terms of tree canopy, we are at 14% and the goal in areas such as ours is between 35 and 40% so to lose these trees reduces the canopy in a way that proposed Dogwood and Lilac trees is not going to suffice. Motion: Dan Lawton moved to approve the removal of five (5) Hawthorn trees along Record Street contingent upon the completion of the landscaping plan as presented by the applicant with the condition the trees chosen are as listed on the plan or trees that 5

6 Second: Vote: are regularly known to reach a canopy height of at least 15 when mature and that the landscape is implemented no later than December 1, Scott Winnette 3 1, Carrie Albee opposed 8. HPC E. 5 th Street Thomas Trott Amendments to previous Level 2 approval Ron Hemby, agent Motion: Carrie Albee moved to approve the application consistent with the staff report with the following conditions: The gable window shall be 1/1 double hung windows; and The railing at the rear deck shall match the previously approved railing detail. 9. HPC N. Court Street Donald & Patricia Burgess Demolish carport Motion: Rebecca Cybularz moved to find the carport non-contributing because it does not hold any historical or architectural value to the historic district. Second: Carrie Albee Vote: 4 0 Motion: Rebecca Cybularz moved to approve the demolition because the carport was found to be a non-contributing resource. Second: Carrie Albee The meeting was adjourned at approximately 8:10 PM. Respectfully Submitted, Shannon Pyles Administrative Assistant 6