Historic District Commission

CITY OF BEVERLY PUBLIC MEETING MINUTES COMMISSION: Historic District Commission DATE: December 9, 2021 LOCATION: Google Meet (Virtual) MEMBERS PRESENT: William Finch (Chair), Suzanne LaMont (Vice Chair), Gregory Howard, John Leahy, Caroline Baird Mason, Wendy Pearl MEMBERS ABSENT: None STAFF PRESENT: Emily Hutchings OTHERS PRESENT: Ward 2 Councilor Estelle Rand; Councilor At-Large Julie Flowers; Susan Goganian; Fay Salt; Jo Broderick; Mark Andrews; Rock Beaudoin; Sarina Green RECORDER: Sharlyne Woodbury Call to Order Chair Finch calls the meeting to order at 7:03 pm. 1. Application for Certificate of Appropriateness – 23 Essex Street – Montserrat College of Art – Replacement of existing sign Mark Andrews, Rock Beaudoin, Jo Broderick, and Sarina Green present to the Commission. Ms. Green reviews the elements of the sign and states the intent of the design plan is to retain the beauty of the archway and maintain visibility of the Montserrat sign, and no screws will be placed in the brick archway. Mr. Beaudoin reviews the raceway materials and coloring, and states the mortar joints will be used and the bricks will not be drilled into. Ms. Broderick asks for the Commission’s approval and discussion for the updated sign plans. Finch and Mason observe the Hardie School sign would be covered by the new sign. Ms. Green replies the intention is for the sign to be aligned, but not hide the archway, and that the floating sign is not to obscure the Hardie School sign. Mr. Beaudoin explains the submitted sketch to illustrate where the sign will not be bored into the brick. LaMont states is not bothered that the new sign may hide the Hardie School sign. Finch suggests doing a plywood markup to demonstrate where the new sign would lay. He suspects the sign would be better hung down one course of brick from where the prospective photograph has it positioned. The Commission and Mr. Beaudoin further discuss the alignment. Mr. Beaudoin states he can move the sign down a row of bricks in order for members to have a better visual concept. Pearl supports the applicant’s design as submitted; perceives the discussion is a result of an error in one of the two submitted renderings. There being no further discussion, comments, or concerns. Motion: Howard moves to approve the sign as presented. Leahy seconds. The motion carries. 6-0.  Historic District Commission December 9, 2021 Meeting Minutes Page 2 of 4 2. Fish Flake Hill Neighborhood Conservation District: Review steps to establish district, study report; consider priorities and language for Ordinance Finch reviews how a Neighborhood Conservation District (NCD) ordinance might be drafted. The two methodologies would be to (1) write an ordinance to establish an NCD in the specific area of interest, or; (2) write an ordinance that would enable NCDs and establish a process for creating them. Howard asks if any city councilors are present and asks Councilor Rand if she would like to speak. Councilor Rand states she will listen to the Commission before offering thoughts. Mason discusses her findings with the Commission in her review of legislation from neighboring communities, specifically citing Boston. She states that Cambridge made a clear distinction between binding advisory and non-binding standards. Mason observed most communities were insistent the neighborhood residents had a say in their respective districts, requiring that at least two residents serve on the governing commissions. Mason comments Goganian has offered assist the Commission with their endeavors. She suggests having a meeting at the Cabot House to share information on NCDs with the public, once the Commission is ready. Finch informs the Commission Goganian is also on the Highland Park Architectural Preservation District Committee in Boston. Finch reviews ordinances that include opt out provisions. Mason notes the Massachusetts Historical Commission does not look favorably on petitions that allow residents to opt out, considering it to defeat the purpose of such districts. The Commission notes there is a substantial range in design guidelines and review requirements. Finch states he favors the Boston legislation example for the Aberdeen district, which includes clear guidelines. Finch discusses enforcement mechanisms and triggers for review, and notes the process is simpler in Ch. 40C districts. Leahy asks if there have been cases where the ordinances that both delineate the process to establish districts and create specific districts were submitted simultaneously. Hutchings and Finch answer in the affirmative and discuss examples. Pearl inquires if the City has the authority to appoint a neighborhood conservation district study committee. Finch believes the study committee can only be established with an ordinance. Members ask for clarification on who appoints the study committee. Goganian offers comments, noting differing options for study committees and stating the Commission could write the ordinance stipulating the study committee is composed of Commission members and neighborhood members. Pearl asks if an ordinance committee is needed to draft the ordinance. Hutchings responds no, that the Commission could work on the draft in open sessions or designate a couple members (not constituting a quorum) to work on the ordinance. She reviews processes and procedures depending on how the Commission decides to move forward. Councilor Rand states she supports the process and suggests a general ordinance that would enable and set the process for establishing NCDs. Finch briefly reviews the differences between the district types (local historic vs. neighborhood conservation districts) for the benefit of the City Councilors and members of the public who are present. Members discuss other entities that may be involved with the process. Pearl suggests that many study committees hire consultants and expresses concerns that the work load to establish new districts may be too much in the future for the Commission to tackle on its own.  Historic District Commission December 9, 2021 Meeting Minutes Page 3 of 4 Finch allows for public comment. Fay Salt, 66 Haskell Street Salt inquires where the Commission is in the process of addressing the 47 Cabot Street demolition permit. Salt states she understands this property is the catalyst for establishing either a Ch. 40C historic district or an NCD. Salt states concerns about the property owner putting off a discussion with the Commission regarding the demolition, and says she would not want to see the property demolished due to the delay running out while the Commission defines and establishes the ordinance to create NCDs. Salt states she understands the Commission is trying to tackle several issues at once in order to properly preserve properties now and in the future. Hutchings responds that the Wards had elected to wait to speak with the Commission on alternatives to demolition until they were able to meet in person. Salt voices concerns that the Wards will state they were waiting for the Commission to reach out to them to schedule a meeting to discuss alternatives to demolition. Hutchings provides the updates on endeavors to meet with the Wards, reiterating they requested to wait until they could meet in person rather than attending a virtual meeting. The Commission confirms they would like to meet with the Wards sooner rather than later, and suggest they could meet outside onsite or at City Hall. Hutchings states she will coordinate with Wards and request a meeting. Finch confirms this would be a special meeting. Members return to discussing NCDs and related ordinances, review the flow chart and example ordinances/bylaws that Hutchings has provided, and work toward deciding on next steps. Pearl and Hutchings discuss a timeline for the ordinance and meeting with the city solicitor. Finch asks about Goganian’s experience with individual property owners’ responses to proposing districts and, once created, regarding applications for approval. Goganian notes the committees she is on are attempting a more proactive approach to informing homeowners about options and district design guidelines. Pearl notes the time and suggests the Commission make a decision on a direction to move forward, and delegate tasks. Mason, Leahy, and Councilor Rand volunteer to work on the ordinance. LaMont volunteers to work on the Fish Flake Hill NCD study report. Hutchings notes Historic Beverly has offered their assistance and suggests LaMont coordinate with them on the study report. Finch volunteers to photograph the various Fish Flake Hill properties. Hutchings states she shared the draft report with Salt and Goganian. Pearl inquires about public outreach and how to share information about the Commission’s efforts. Mason discusses examples of public outreach. LaMont asks if the NCD information can be added to the HDC webpage. Hutchings states she will coordinate with IT on the web page adding links describing what an NCD is, along with HDC goals. Leahy inquires if any motions are necessary in order to begin the work and note the assignments. Hutchings states that no formal motion is required. Rand asks Hutchings to present the information at a future Ward 2 Civic Association meeting. 3. National Register Nomination for Dodge’s Row Burial Ground: Review Draft and Comment Finch asks if members have thoughts and questions. Pearl asks about the numbers of markers and graves, noting the discrepancy and confusing numbering on the data sheet. She states she does  Historic District Commission December 9, 2021 Meeting Minutes Page 4 of 4 not understand the selection for the resources as shown on the data sheet. Pearl asks why the periods of significance ends at 1972, beyond the fact that the date is 50 years prior to the present, and wonders if there was another date that made more sense. Pearl also asks about the legal issue of the city owning the property. Hutchings states that in spite of there being questions of who owns the property, the City is still permitted to submit the National Register nomination, which may be approved regardless of ownership. She states that the Beverly Solicitor’s Office recommends the next step of addressing ownership is a title examination. Hutchings reviews the research she continues to do on the burial ground, including whether there was a time when the City took control of multiple cemeteries under state law. Hutchings confirms that Betsy Friedberg, the National Register Director at the Massachusetts Historical Commission, confirmed the City is allowed to submit a National Registration nomination without confirmation of their ownership, due to a public notice process. The Commission discusses whether the City could take the burial ground via adverse possession. Pearl suggests the National Register nomination should include an archeological statement. Hutching states she will bring all questions and comments back to consultant Wendy Frontiero, and convey her responses. Hutchings provides a brief update on the MPPF grant, and states that if the City is not able to confirm ownership of the burial ground, they would have to wait and apply for a future cycle of the grant. In this case, the City would request an extension to the project completion deadline from the CPC. 4. Approval of minutes a. October 28, 2021 Motion: LaMont moves to approve the minutes as amended. Leahy seconds. The motion carries 6-0. b. November 8, 2021 Motion: LaMont moves to approve the minutes as presented. Leahy seconds. The motion carries 5-0-1. Finch abstains. 5. New/Other Business a. Hutchings reviews the 2022 meeting schedule, and notes there is a potential scheduling conflict for the January 27, 2022 meeting, as it is possible the Planning Department may hold a public meeting to review the Accessory Dwelling Unit Ordinance at that time. Hutchings asks if the Commission would like to move their January meeting to enable them to attend the Accessory Dwelling Unit Ordinance meeting, should it be scheduled on that date. The Commission agrees to change their January meeting date to January 26, 2022. 6. Adjournment Motion: Leahy moves to adjourn. Howard seconds. The motion carries 6-0. Meeting adjourned 8:57 pm. Next meeting scheduled for Wednesday 1.26.22.