HISTORIC PRESERVATION COMMISSION HEARING MINUTES MAY 12, 2016 Commissioners Scott Winnette, Chairman Stephen Parnes, Vice Chairman Dan Lawton Michael Simons Rebecca Cybularz (not present) Carrie Albee Alan Miner Matthew Bonin, Alternate Aldermanic Representative Donna Kuzemchak (not present) 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 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 There were no announcements from staff or Commissioners. 1
III. Approval of Minutes 1. April 28, 2016 Hearing/Workshop Minutes 2. April 14, 2016 Site Visit Minutes Scott Winnette moved to approve the April 28, 2016 hearing and workshop minutes and the April 14, 2016 site visit minutes as written. Stephen Parnes IV. HPC Business 3. Administrative Approval Report 4. Code Enforcement Report V. Consent Items 5. HPC16-287 301 N. Market Street Michele Camden Install lattice railing/screen with arbor Scott Winnette moved to approve the consent agenda which includes HPC16-287 at 301 N. Market Street. Stephen Parnes VI. Cases to be Heard 6. HPC16-16 332-340 E. Patrick Street Jemal s Frederick, LLC Construct roof decks, screen mechanical areas, modify windows Jeff Whitman, agent Alan Miner moved to approve the application in accordance with the drawings submitted dated April 29, 2016 allowing a deviation from the Guidelines regarding the color of the standing seam metal roof matching the existing Phase I metal roof and the windows on the west side of the warehouse including the existing opening and the three new openings with the condition that that the treatment of infills is in accordance with the staff recommendation as well as the treatment of the glass block windows in the warehouse. Stephen Parnes 6 1, Scott Winnette opposed 2
7. HPC15-515 56 S. Market Street Tarek Aly Partial demolition Alan Miner moved to find the two-story warehouse building and the free standing wall at the rear of the property non-contributing to the Frederick Town Historic District due to its loss of integrity. Stephen Parnes 6 1, Carrie Albee opposed Alan Miner moved to approve the demolition of the two-story rear warehouse and wall since it was found to be a non-contributing resource. Stephen Parnes 8. HPC15-853 58-62 S. Market Street 6601 Suitland Road, LLC Demolish two-story brick facade Alan Miner moved to approve the application for demolition subject to approval of and permit application for a replacement plan. Carrie Albee 6 1, Michael Simons opposed 9. HPC15-855 58-70 S. Market Street 6601 Suitland Road, LLC Level 1 New Construction Public Comment Barbara Mann, resident at 35 E. All Saints Street, asked where the parking would be. Carrie Albee moved to grant Level 1 approval consistent with the drawings dated April 27, 2016 with the condition that ground face block be used at the front first floor rather than split faced block. Dan Lawton 6 1, Scott Winnette opposed 10. HPC16-44 107 E. 5 th Street Habitat for Humanity Level 1 & 2 New Construction Ron Hemby, agent Christina Martinkosky 3
Ms. Martinkosky entered the entire staff report into the record. Alan Miner moved to approve the application in accordance to the drawings dated 4/6/16 with the following conditions: The color of the Tamko asphalt singles and standing seam roof is submitted for staff level approval. Detailed product information for the ¾-light door at the rear elevation is submitted for staff level approval. With the exception of using fiber cement trim and soffit material in lieu of the Azek with product description submitted to staff for approval. Stephen Parnes 11. HPC16-300 59 S. Carroll Street TGEC Land, LLC Modifications to accommodate temporary open air stage Heather Clark, agent Public Comment Louise Kennelly, with the Frederick Arts Council, stated that the Arts Council is very supportive of this project and they are the fiscal agent for this project. She added that they are pleased that it has found an appropriate location. She said that they believe the arts experience at this site will be of tremendous community value as it will be high quality, interactive, engaging and accessible. Dan Lawton moved to approve the installation of wire mesh at the windows and doors and also at the existing front pip railing, the construction of an accessible walkway made of pressure-treated wood, installation of a light fixture as submitted and the installation of a sign as submitted if it meets the Land Management Code in terms of size and if it should not approval of a smaller sign. He added that as an option metal coping could be placed at the window openings either over or in place of the existing rubber and that the final lighting plan is submitted to staff for approval prior to applying for a permit. Alan Miner 12. HPC16-308 312 W. Patrick Street Hinze Homes Inc. Replace wooden stairs at rear porch with metal, replace porch floor Kevin Lunsford, agent Michael Simons moved to approve the application with the condition that the wood porch flooring is painted or stained with solid color opaque stain. Alan Miner Vote 7-0 4
13. HPC16-336 77 Carroll Creek Way City of Frederick Replace roof, add basement entrance, replace windows Dean C. Fitzgerald, agent Carrie Albee moved to approve the application as submitted with the following conditions: The lintel at the basement window and the width of the opening shall be maintained when modified to a door. The new windows will be true divided lights as specified by the applicant. Product information or detailed drawings of the basement door and the replacement windows are submitted for staff approval prior to applying for a permit. New shutters shall match the size of the opening and be operable. All new wood elements shall be painted or stained with a solid color opaque stain. The final details of the signage and the location of any fire damage connections shall be submitted for staff approval prior to applying for a permit. The three windows (six sashes total) and three shutters (3 leaves total) shown in the 2008 photographs be repaired. Matthew Bonin 14. HPC16-242ZMA Schifferstadt/1110Rosemont Ave City of Frederick HPC Historic Preservation Overlay (HPO) Zoning Map Amendment Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Public Comment Bernie Callan, Board Member of Frederick County Landmarks, stated that they are delighted that the City wants to provide the additional protection that being under the Commission s purview will provide them. He added that the entire property exterior wise is under easements held by the Maryland Historical Trust. He said that there are a number of items that have either already been approved by the Maryland Historical Trust or are under consideration and they have a letter that lists those items because they would like to be made part of the record that these are things that will make some changes to the property. He stated that they would like the City to be aware that they have already been approved so it can be taken into consideration. Dan Lawton moved to approve recommend via a resolution to the Planning Commission and Mayor & Board of Aldermen that the 1.5 acres of land at 1110 Rosemont Avenue known as Schifferstadt become a Historic Preservation Overlay zone because in the Land Management Code this property meets the designation Criteria 1 where the structure and site are associated with events and cultural groups that have made a significant contribution to the broad patterns of history. It also meets designation Criteria 3 where the site and structure is likely to yield 5
information important to history and finally it meets designation Criteria 4 where the site and/or structure exhibits significance in design and construction. Alan Miner 15. HPC16-243ZMA Ebert s/1781 N. Market Street City of Frederick HPC Historic Preservation Overlay (HPO) Zoning Map Amendment Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Carrie Albee moved to make a positive recommendation via a resolution to the Planning Commission and the Mayor & Board of Aldermen that the 2.91 acres of land that represents the existing parcel at 1781 N. Market Street have a Historic Preservation Overlay zone placed on it because as demonstrated in the staff report it meets Criteria 1 as being associated with events that have made a significant contribution to the broad patterns of history, Criteria 2 that the building and the site is associated with the lives of persons significant in the history of the City and Criteria 4.1 that the building exhibits significance in design or construction by embodying the distinctive characteristics of a type, period or method of construction and it retains enough historic integrity to allow it to be worthy of protection and as specified by staff that the HPO acknowledges the period of significance as being 1931 to 1961. Dan Lawton 16. HPC16-244ZMA Frederick Fair Grounds/797 E. Patrick St City of Frederick HPC Historic Preservation Overlay (HPO) Zoning Map Amendment Public Comment Anne Rollins, with Miles & Stockbridge representing the property owner The Frederick County Agricultural Society, stated that it is very important to note for the record that her client is not the applicant in this case rather it is the HPC. She added that her client did not request this and does not support this being placed on their property and in fact they are opposed to this application. She stated that if this application is approved as proposed the Historic Preservation Overlay designation would have a serious and negative impact on her client s ability to operate and function on this property as well as a seriously negative impact on the value of the property. She said that the result of which would be to an unconstitutional taking of their property without just compensation and for all of those reasons they object to this application. She went on to say that with that objection being made very clear they have reviewed the staff report and recommendation and she noted that the diagram that was shown on the screen and the packet that the HPC is looking at is not what was shown on the City website so she wanted to make clear for the record that what they are talking about approving is the map shown on the screen since that is not what was provided with the staff report that is on the City s website which shows the full boundaries of the property. She said that they are happy to see that staff took comments from workshop into account and modified the staff report to reduce the number of structures which are being suggested as being 6
contributing but also taking into consideration the boundary limitations and reducing the size of the proposed boundary. She said that they still disagree with the staff s findings as to the other structures that are still noted as contributing and even though they are acknowledging that most of the buildings on the property are non-contributing staff is still proposing a map that would encompass a larger scope of land to include things that are not contributing. She stated that it is extremely important for them to point out that every single one of the buildings that are being noted as contributing has been renovated, updated, changed or altered and none of those buildings are in its original condition. She noted that the Grand Stand was renovated and additions were made in the 1960s and the 1980s and more recently for mandatory Americans with Disabilities Act upgrades and the entire Grand Stand is covered with vinyl siding. She added that the whole track is encompassed and yes the track has been there for a while but none of it is original and the surface has been changed numerous times and it is surrounded by a chain link fence with PVC pipe rail on the inside none of which is historic. She stated that the tunnel which is pointed out as being contributing has had many renovations and the walls were added as recently as 1992 so it has been renovated and is a flooding hazard and they disagree that it has historical significance. She stated that Building 9 which they refer to as the Null Building was recently completely renovated in 2008 and the entire east side and entrance of that building is an entirely new modern addition. She added that Building 12 which is the Poultry Building has had renovations made with vinyl windows. She said that Building 3 which is the Administration Building has vinyl windows and siding and has no historic integrity. She went on to say that Building 1 which is the Caretaker s House has had substantial renovations over the years and Building 18 which is the Beef Barns again has been substantially renovated over time with fans, different doors, louvers all of which keep in mind they are an agricultural fair and they have to keep the animals comfortable so they aren t worried so much about the historical integrity but more concerned about keeping the animals comfortable and safe. She said that the last buildings that they refer to has contributing are the ticket booths and restrooms which are Buildings 2 and 5 and those two have been substantially renovated over time. She said the no one has ever had to tell them to maintain their buildings in the 154 years of the fair and no one has had to force them to preserve their property. Barbara Mann, resident at 35 E. All Saints Street, stated that she disagreed with the owners and she disagreed with the way the Commission is trying to point out the history of the buildings because to her it is not the buildings it is the fact that it is fairgrounds and it is an agricultural fairground. She added that agricultural fairs are an important part of history and we are missing the boat if we don t take that into consideration that it is a fairground and it is historic. She added that she would love to see a historic overlay put on it but not the individual buildings just the fairgrounds themselves. Scott Winnette moved to adopt a resolution recommending approval of an application of historic preservation overlay according to the attached map including all of the buildings designated on that map to be contributing and following the boundaries of that map mindful and in agreement with the staff report regarding the criteria for designation as outlined in the staff report which includes Criteria 1 the site, structure or district is associated with events or cultural groups that have made a significant contribution to the broad patterns of history including those that have exemplify the heritage of the City and Criteria 4.1 that site, structure or district exhibits significance in design or construction by embodying the distinctive characteristics of a type, period or method of construction including characteristics particularly associated with the City. Carrie Albee 5 2, Dan Lawton and Stephen Parnes opposed The meeting was adjourned at approximately 9:35 PM. 7
Respectfully Submitted, Shannon Pyles Administrative Assistant 8