Historic District Commission

Town Hall TOWN OF CHAPEL HILL 405 Martin Luther King Jr. Boulevard Historic District Commission Chapel Hill, NC 27514 Meeting Minutes Chair Robert Epting James Locke Vice-Chair Kimberly Kyser Sean Murphy Deputy Vice-Chair John Sweet Susan Smith Woodrow Burns Mary Vogler Craig Carbrey James White Tuesday, March 13, 2018 6:30 PM RM 110 | Council Chamber Call to Order Opening 1. Preliminary Meeting Information a. Secretary reads procedures into the record Mike Klein, Staff, read the procedure into the record. b. Swearing in of public hearing participants Julie Curry, Staff Liaison, swore in members of the public wishing to testify. c. Roll Call Council Member Nancy Oates, Brian Ferrell (Attorney), Julie Curry (HDC liaison), Mike Klein (Staff), John Richardson (Staff) Present 9 - Chair Robert Epting, Vice-Chair Kimberly Kyser, Deputy Vice-Chair John Sweet, Woodrow Burns, Craig Carbrey, Sean Murphy, Susan Smith, Mary Vogler, and James White Excused 1 - James Locke d. Public charge Chair Bob Epting read the public charge into the record. a. February 13 Draft Action Minutes [18-0245] Commission Susan Smith noted she left the meeting at 7:00 and was not in attendance for the full meeting. A vote to excuse Commissioner Smith was not Page 1 of 11 Historic District Commission Meeting Minutes March 13, 2018 taken and therefore her vote appears as an Aye in the reocord. Commissioner John Sweet moved and Commissioner Mary Francis Vogler seconded to approve the February 13th minutes. Aye: 9 - Chair Epting, Vice-Chair Kyser, Deputy Vice-Chair Sweet, Burns, Carbrey, Murphy, Smith, Vogler, and White Excused: 1 - Locke 3. Reports and Updates Chair Epting added a new agenda topic, Speakers from the Public. Katherine Burns spoke of her concern for the number of demolitions occurring in the historic districts. She showed pictures of demolished properties and handed out a letter to the board. a. Update on Outreach Initiatives Commissioner John Sweet reported that Preservation Chapel Hill had sent letters to all property owners of contributing and non-contributing structures in the Franklin Rosemary Historic District, inviting those owners to contribute additional information about their properties to aid in their present effort to update and expand these listings. Commissioner John Sweet distributed a handout and generally explained a series of changes he and the other HDC officers have discussed and wish to propose for the Historic District Commission’s Rules of Procedures. Noted as things we ought to try to do better at were the following: Mr. Sweet and others noted that hardly any reports are ever received concerning the status of work required or permitted under existing HDC Orders; staff was encouraged to develop means for making such reporting a regular part of HDC meeting agendas. Mr. Sweet also noted that our Rules of Procedure do not describe any particular procedure for consideration of applications to modify COA’s. He also suggested the need to modify the fee schedule in use for competed applications, modifications of COA’s, and other actions by the HDC. HDC members agreed that the Rules of Procedure need to be improved at least in these respects. Commissioner John Sweet indicated that he and the other officers would continue work on this project, and would present a written draft of the ideas they propose at a later date. b. Update on SHPO grant proposal for Design Guidelines; and Project to Complete Surveys of Chapel Hill local Historic Districts 4. Consent a. 214 W Cameron Avenue - Bell Leadership Institute [18-0246] (Modification to COA) Julie Curry, Staff Liaison, introduced the application, and Charlie Tennant from Bell Leadership presented the application. Page 2 of 11 Historic District Commission Meeting Minutes March 13, 2018 Commissioner Kimberly Kyser moved and Commissioner Woodrow Burns seconded to close the public hearing. The motion was unanimously approved 9-0. Commissioner James White moved and Commissioner Mary Francis Vogler seconded the Finding of Fact that the installation of the generator as planned with the proposed landscape screening is congruent with the special character of the Cameron McCauley Historic District, based on guidelines 8 and 9 under Utilities and Energy Retrofit (pg. 49). The motion was approved 8-1 Commissioner Sweet voted No. Commissioner Craig Carbrey moved Commissioner Woodrow Burns seconded that the proposed modifications are not in congruous with the special character of the Cameron McCauley Historic District, and therefore that the Certificate of Appropriateness requested be approved. The motion was unanimously approved 9-0. 5. Old Business Procedural questions regarding applications Commissioner John Sweet noted that the Agenda contains applications for consideration at this meeting, without the required notation that the application(s) have been reviewed by a particular staff person and found to be complete, and that the date upon which the staff had reviewed and accepted the applications as completed applications, are not shown. He noted that these failures have been the subject of much difficulties previously, and that staff had been directed to henceforward to be sure that no application gets on the agenda and comes before the HDC until such indications are shown on the applications. He indicated his preference would be not to continue any further in this meeting in light of these deficiencies, but to hold the other (deficient) agenda items over to the April meeting. Mr. Epting noted that he appreciated the serious nature of Mr. Sweet’s objections, but that, upon Mr. Richardson’s representation that the absent dates and staff initials were merely an oversight, and that staff had actually reviewed and found each application to be complete, his intention would be to continue with the present meeting agenda, unless a majority of the HDC wished to adjourn without completing the rest of the agenda. Commissioner Woodrow Burns moved and Commissioner Craig Carbrey seconded the motion to continue the meeting. Aye: 7 - Chair Epting, Burns, Carbrey, Murphy, Smith, Vogler, and White Nay: 2 - Vice-Chair Kyser, and Deputy Vice-Chair Sweet Excused: 1 - Locke Page 3 of 11 Historic District Commission Meeting Minutes March 13, 2018 Procedural questions regarding applications Commissioner John Sweet asked to be excused from the meeting. Commissioner Kimberly Kyser moved and Commissioner Woodrow Burns seconded to excuse Commissioner John Sweet from the meeting. a. 229 E Franklin Street - Lambda Chi Alpha [18-0247] Julie Curry, Staff Liaison, reported on Commission-requested information regarding the dumpster placement and number of parking spaces at this location. Research showed that these features were part of an approved COA from September 13, 2002 and that the property owner, Lambda Chi Alpha, remains in compliance with that previous COA. Lee Albertson spoke representing the applicant. The application is for: (1) replacement of deteriorated sections of existing stockade fencing between the rear yard and two trash dumpsters located on Pickard Lane; and (2) to expand the fencing along Pickard Lane and across the rear property line to improve on-site privacy and security. Commissioner Susan Smith moved and Commissioner Kimberly Kyser seconded to close the public hearing. Commissioner James White moved and Commissioner Craig Carbrey seconded that the HDC make a Finding of Fact that the proposed new fence is not incongruous with the special character of the Franklin Rosemary Historic District based on guidelines 7 and 8 under Fences (pgs. 16-17), and are therefore approved. Commissioner James White moved and Commissioner Sean Murphy seconded that the proposed changes and replacement of the deteriorated fencing proposed by the Applicant are not incongruent with the special character of the Franklin- Rosemary Historic District and are therefore approved. b. 517 E Franklin Street [18-0248] Matthew Ford, Architect, presented the application for the installation of a new fence. He returned with new designs that have an open section at the top of the 6’ fence. Commissioner Kimberly Kyser moved and Commissioner Susan Smith seconded to close the public hearing. Commissioner Craig Carbrey moved and Commissioner James White seconded that the Commission make a Finding of Fact, that the fence Page 4 of 11 Historic District Commission Meeting Minutes March 13, 2018 proposed is consistent with the Design Guidelines, page 17, #7, Fences and Walls. Aye: 6 - Chair Epting, Burns, Carbrey, Murphy, Vogler, and White Nay: 2 - Vice-Chair Kyser, and Smith Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Craig Carbrey moved and Commissioner James White seconded that the Commission concludes that the fence proposed is not incongruous with the special character of the Franklin-Rosemary Historic District, and the application for Certificate of Appropriateness be allowed, with the following conditions. Aye: 5 - Chair Epting, Burns, Carbrey, Murphy, and White Nay: 3 - Vice-Chair Kyser, Smith, and Vogler Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Woodrow Burns moved and Commissioner Mary Francis Vogler seconded to approve the application with the added conditions of plantings to afford screening to the fence from the Franklin Street vista be provided by the applicant, and that the fence be painted or stained to soften the impact of the fence being built adjacent to the house. c. 179 E Franklin Street - Post Office Alley - POSTPONED TO APRIL 10, 2018 MEETING Postponed to April 10, 2018 Meeting. d. 127 Mallette Street (after-the-fact COA) - POSTPONED TO APRIL 10, 2018 MEETING Postponed to April 10, 2018 Meeting. 6. New Business a. 309 E Rosemary Street - Holy Trinity Church [18-0249] Julie Curry, Staff, introduced the application and Robert Sotolongo Project Architect presented the. The application is for replacement of deteriorated windows in the original Lutheran Church sanctuary building. Commissioner Craig Carbrey asked to be recused because he is an active member of the church and is on the building committee. Page 5 of 11 Historic District Commission Meeting Minutes March 13, 2018 Commission Mary Francis Vogler moved and Commissioner Susan Smith seconded to grant Commissioner Carbrey’s request to be recused. Excused: 3 - Deputy Vice-Chair Sweet, Carbrey, and Locke Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler seconded to close the public hearing. Excused: 3 - Deputy Vice-Chair Sweet, Carbrey, and Locke Commissioner Mary Francis Vogler moved and Commissioner Sean Murphy seconded that the Commission make a Finding of Fact that the proposed new aluminum clad replacement windows is not incongruent with the special character of the Franklin Rosemary Historic District, based on the the Design Guidelines, particularly guideline 6 under Windows and Doors (pg. 41). Aye: 7 - Chair Epting, Vice-Chair Kyser, Burns, Murphy, Smith, Vogler, and White Excused: 3 - Deputy Vice-Chair Sweet, Carbrey, and Locke Commissioner Mary Francis Vogler moved and Commissioner Sean Murphy seconded that the application complies with the guidelines and is not incongruous with the historic character of the district, and that therefore the certificate be approved. Aye: 8 - Chair Epting, Vice-Chair Kyser, Burns, Carbrey, Murphy, Smith, Vogler, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke b. 6 Briarbridge Lane [18-0250] Staff introduced the application and Patricia Sailing, owner, presented the application. Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler seconded to close the public hearing. Aye: 8 - Chair Epting, Vice-Chair Kyser, Burns, Carbrey, Murphy, Smith, Vogler, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Mary Francis Vogler moved and Commissioner Sean Murphy seconded that the Commission make a Finding of Fact that the replacement and proposed new windows are not incongruent with the special character of Page 6 of 11 Historic District Commission Meeting Minutes March 13, 2018 the Cameron McCauley Historic District neighborhood, based on the Design Guidelines for the Cameron McCauley Historic District, and in particular with guideline 5 under Window & Doors (pg. 41). Aye: 8 - Chair Epting, Vice-Chair Kyser, Burns, Carbrey, Murphy, Smith, Vogler, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Craig Carbrey moved and Commissioner Woodrow Burns seconded that the application is not incongruous with the special character of the Cameron McCauley historic district, and that therefore the certificate be approved. Aye: 8 - Chair Epting, Vice-Chair Kyser, Burns, Carbrey, Murphy, Smith, Vogler, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke c. 704 E Franklin Street (after-the-fact COA) [18-0251] Michael Hayes, from BuildSense, presented the after-the-fact COA application for the new standing seam copper roof, and Leon Meyers from BuildSense, also spoke. Mr. Hayes indicated the copper roof had been built replacing what was formerly a shingle roof, and that the work was done without first seeking a Certificate of Appropriateness by reason of a mistaken understanding of the rules. Mr. Hayes testified that he believed there were a number of standing seam metal roofs, including some copper roofs, in the Historic District. Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler seconded to close the public hearing. Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler seconded that the Commission make a Finding of Fact that t the standing seam copper roof is inconsistent with the Design Guidelines, and in particular with on guidelines 1-6 under Roofs (pg. 37). Aye: 6 - Chair Epting, Vice-Chair Kyser, Burns, Murphy, Smith, and Vogler Nay: 2 - Carbrey, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler Page 7 of 11 Historic District Commission Meeting Minutes March 13, 2018 seconded that the Commission make a Finding of Fact that the original roofing material used on this house since at least as far back as 1925 was roofing shingles, and that the standing seam copper roof is thus incongruous with the special character of the District and violates the dictate of the Design Guidelines that roofing materials be consistent with those traditionally used on the particular structure, and therefore, that the standing seam metallic copper roof is incongruous with the historic character of the house, and that the Commission deny the after-the-fact Application for Certificate of Appropriateness because the standing seam copper roof is incongruent with the historic character of this house, and incongruous with the special character of the Franklin Rosemary Historic District. Aye: 6 - Chair Epting, Vice-Chair Kyser, Burns, Murphy, Smith, and Vogler Nay: 2 - Carbrey, and White Excused: 2 - Deputy Vice-Chair Sweet, and Locke Commissioner Kimberly Kyser moved and Commissioner Mary Francis Vogler seconded to deny the after-the-fact COA for the new standing seam copper roof because it is incongruous to the neighborhood. Aye: 6 - Chair Epting, Vice-Chair Kyser, Burns, Smith, Vogler, and White Nay: 2 - Carbrey, and Murphy Excused: 2 - Deputy Vice-Chair Sweet, and Locke d. Discussion of Council-proposed text amendment to change [18-0252] the vote required for the Planning Commission, Community Design Commission and Historic District Commission to make decisions on applications Council Member Nancy Oates clarified the quorum vote structure proposed by Council in the Resolution before the Commission. Council Member Oates stated that two alternatives are offered and, upon request by the Commission, indicated that her own preference would be the first alternative to recommendation #1 is her preference. No concerns were expressed by HDC members regarding recommendation #2. John Richardson also spoke to this matter, providing clarification about the numbering options and alternatives presented in the resolution. By discussion and show of hands the Commission recommended alternative Page 8 of 11 Historic District Commission Meeting Minutes March 13, 2018 #1 under recommendation #1. 7. Staff Reports a. 216 W University Administrative Approval Julie Curry, Staff Liaison, presented the application and showed pictures of the front porch and patio modifications. She noted that this item was approved administratively in accordance with the written justification supplied to the Commission. There was no additional discussion by the Commission. b. Other updates and information from the Staff Liaison Staff made note that May is National Preservation Month and encouraged Commissioners to consider ways they can participate in the districts they represent, and to also search out statewide preservation events to attend. 8. Courtesy Review a. None 9. Adjourn The meeting adjourned at 10:40pm Without objection, the meeting was adjourned by the Chair. Page 9 of 11 Historic District Commission Meeting Minutes March 13, 2018 Other Information: Next meeting of the Historic District Commission: April 10, 2018 More about the Town's Historic districts: please click here. To view previous Historic District Commission Agendas: please click here and scroll down to find Commission meetings. Order of Consideration of Agenda Items: Presentation by Applicant Presentation of Additional Evidence Questions and Clarification by Commission Close the Public Hearing Discussion/Action by the Commission Public Charge: The Historic District Commission pledges its respect to the public. The Commission asks the public to conduct themselves in a respectful, courteous manner, both with the Commission and with fellow members of the public. Should any member of the Commission or any member of the public fail to observe this charge at any time, the Chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until a genuine commitment to this public charge is observed. Rules of Procedure Entered into the Record: The Historic District Commission operates under NC General Statutes 160A-400 which gives local governments historic presevation authority, and the Chapel Hill Land Use Management Ordinance, including Article 3 which established the local historic districts and sets forth regulations governing them, and the Chapel Hill Historic District Guidelines Handbook which sets forth guidelines for changes in the historic districts, and the Rules of Procedure adopted by the Chapel Hill Historic District Commission, as well as the Significance Reports from all three historic districts and photographs. Additionally, authorized practice advisory opinion 2006-1 regarding quasi-judicial hearings on zoning and land use is in effect. All of the items noted above as well as the applications and associated Page 10 of 11 Historic District Commission Meeting Minutes March 13, 2018 materials in the agenda packet, are hereby entered into the record. Unless otherwise noted, please contact Staff Support, Julie Curry hdc@townofchapelhill.org, for more information on the above referenced applications. See Meeting Minutes and Videos (if recorded) for upcoming and archived events at http://chapelhill.legistar.com See the Advisory Boards page http://www.townofchapelhill.org/boards for background information on this Town board or commission. Page 11 of 11