Historic District Commission
Regular MeetingChapel Hill, NC · April 10, 2018
Minutes
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, April 10, 2018 6:30 PM RM 110 | Council Chamber
Preliminary Meeting Information
Rules of Procedure - see below
Swearing in of public hearing participants
Roll call
Present 10 - Chair Robert Epting, Vice-Chair Kimberly Kyser, Deputy
Vice-Chair John Sweet, Woodrow Burns, Craig Carbrey,
James Locke, Sean Murphy, Susan Smith, Mary Vogler,
and James White
Others present: Council Member Nancy Oates, Brian Ferrell
(Attorney), Julie Curry (HDC liaison), Mike Klein (Staff), Sarah Poulton
(Staff)
Public charge - Chair Epting
General Public Commennts
No speakers came forward.
Action Minutes
Commissioner Smith had a question regarding an inadvertent space; and a
question as to a vote on findings but did not have the citation at hand.
Commissioner Vogler had a correction but did not have the citation at hand.
March 13th Draft Action Minutes
Chair Epting deferred the approval of the Action minutes for March 13, 2018
to the May meeting.
Page 1 of 8
Historic District Commission Meeting Minutes April 10, 2018
Reports and Updates
Commissioner Sweet gave an update on the scanning project for the historic
district 1992 survey photographs, that it is more than half way done.
Commissioner Sweet stated he is exploring the GIS component and meet with
the GIS Librarian at UNC to discuss how to make this information available to
the public.
Commissioner John Sweet reported, Heather Wagner, the survey consultant,
should be finished with the inventory completion project by the end of the
month, and will also update the SHPO archives wit this information.
Update on Project to Complete Surveys of Chapel Hill Historic Districts
Commissioner John Sweet distributed a handout and explained two (2)
changes. (1) On page 4, F. Review Criteria: referred to as change A, to insert
“…required by State law and by town Ordinances as specified by the
Commission’s design Guidelines shall also take into account the…“; (2) On
page 8, VI., create H. referred to as change B, insert language from the
SHPO model ordinance to describe time limitations to COAs.
A second proposed change to the Rules of Procedures was addressed by Brian
Ferrell, Attorney. The proposed text was distributed to the commissioners.
The purpose of these changes make clear the language and process for these
two (2) items; (1) address time limits for approved COA applications, and, (2)
the procedure for withdrawing an application. Mr. Ferrell plans to present
these items at the May 8 HDC meeting for discussion.
Old Business
1. 179 E Franklin Street Post Office Alley [18-0294]
David Swanson, Swanson and Associates, made the presentation.
Sarah Poulton, Town Staff, ask the HDC for a brief comment on a proposal
from the Girl Scouts to place a lending reading library in the Post Office
Alley. This request resulted in a communication from a local Girl Scout
Leader, and due to the nature of timing, Staff sought a general response
to this inquiry that could be relayed back to be leader. Commissioner
comments were of the nature that they recognize and appreciate the Girl
Scouts and all the good work they do in the community, but the lending
library would add unnecessary visual clutter and Post Office Alley is may
not the best location for the lending library and a courtesy review
application could be submitted.
Commissioner Kyser moved and Commissioner Burns seconded to close the
public hearing.
Page 2 of 8
Historic District Commission Meeting Minutes April 10, 2018
The motion was unanimously approved 10-0.
Commissioner Sweet moved and Commissioner Kyser seconded the finding of
fact of that the wayfinding portal post proposed towards the Franklin Street
frontage is incongruous with the character of the historic district based on the
design guideline 5 under Signage (pg.25) because the guidelines on signage
emphasize having minimal signage only sufficient for pedestrian direction .
This is more than is necessary given other signage and wayfinding available,
and adds an intrusive architectural element to the historic plaza and setting.
The motion was unanimously approved 10-0.
Commissioner Carbrey moved and Commissioner Burns seconded that the
proposed light not incongruous with the character of the historic district based
on the guideline 8, Exterior Lighting (pg. 23).
The motion was unanimously approved 10-0.
Commissioner Sweet moved and Commissioner Burns seconded that we
approved the application with the exception of the entry post based on the
findings of fact we have just made and on the bases of the proposed findings
of fact detailed in the staff report for this item, on the grounds that the
proposals are not incongruous with the special character of the
Franklin-Rosemary Historic District and are not disruptive of the special
character of the district.
The motion was unanimously approved 10-0.
2. 127 Mallette Street [18-0295]
Ron Weber, Contractor, Redfoot and Weber Construction Company,
presented the application. Mr. Weber began with the new request for
alterations to the front facade that included
1. relocating the main front door and adding side lites; 2. removing a
secondary front door and replacing it with a non-working "slab" door; 3.
adding porch railing; 4. requesting the replacement of original wood frame
windows with vinyl windows.
Mr. Weber then addressed the after-the-fact changes made to the rear
addition (COA approved September 8, 2015). 1. Added gable vents on the
rear elevation to comply with the building code; and also relocated eave
brackets to avoid conflict with the conventional gable vent centering. 2.
Page 3 of 8
Historic District Commission Meeting Minutes April 10, 2018
Changed location of, and in some cases the size of, windows on the front
and side elevations. 3. Rear entry porch moved to the right and off center.
Commissioner Kyser moved and Commissioner Burns seconded the motion to
close the public hearing.
The motion was unanimously approved 10-0.
Commissioner Sweet moved and Commissioner Burns seconded the finding of
fact that the proposed replacement of the front door and other doors (3 doors
in total) with fiberglass doors with transoms is inappropriate and incongruous
with the character of the structure and Cameron-McCauley historic district as
specified in the design guidelines 1 and 9, Windows and Doors (pg. 41); and
from staff’s report. The proposal is to replace the windows on the front
elevation which are original historic windows with vinyl windows are also
inappropriate for the same reasons and the same guidelines.
The motion was unanimously approved 10-0.
Commissioner Sweet moved and Commissioner Kyser seconded that the
proposed railing is incongruous with the character of the neighborhood pages
56-57, Decks, pages, 42-43 Porches, Entrances & Decks.
Aye: 6 - Chair Epting, Vice-Chair Kyser, Deputy Vice-Chair Sweet,
Burns, Vogler, and White
Nay: 4 - Carbrey, Locke, Murphy, and Smith
Commissioner Sweet moved and Commissioner Murphy seconded that based
on the findings of fact and the staff report, the windows, doors and railing
incongruous with the special character of the district; and for the after the fact
changes with respect to elements #4, #5 and #6 from staff’s report, are not
incongruous with the special character of the district.
The motion was unanimously approved 10-0.
Commissioner Sweet moved and Commissioner Murphy seconded that based
on the findings of fact and the staff report, the windows, doors and railing
incongruous with the special character of the district; and for the after the fact
Page 4 of 8
Historic District Commission Meeting Minutes April 10, 2018
changes with respect to elements #4, #5 and #6 from staff’s report, are not
incongruous with the special character of the district.
The motion was unanimously approved 10-0.
New Business
3. 428 W Cameron Avenue [18-0296]
Mike Klein, Staff, presented the case details. Procedural compliance for
the town Planning Board requires a recommendation from the HDC because
is minor subdivision request is located within the Cameron-McCauley
Historic District.
Commission Sweet moved and Commissioner Kyser seconded to recommend
not recommend no to subdivide this parcel on the grounds that the size of lots
and the spacing of structures on Cameron- McCauley in this neighborhood in
general is important to defining the special character and that further
subdivision to allow further density is contrary to our mandate to preserve the
character of the district.
Aye: 7 - Chair Epting, Vice-Chair Kyser, Deputy Vice-Chair Sweet,
Burns, Smith, Vogler, and White
Nay: 3 - Carbrey, Locke, and Murphy
Staff Comments
Adjournment into Colsed Session
Chair Epting requested that the Commission go into closed session authorized
by General Statute 143-318.11(a)(3) to consult with an Attorney concerning the
handling of an existing lawsuit in which the parties are William Raynor, Jr., Kara
Raynor, the Town of Chapel Hill, the Town of Chapel Hill Historic District
Commission, John Wood Sweet, Kimberly Kyser, Robert L. Epting, Mary Frances
Vogler,Susan S. Smith, Walter Woodrow Burns, Jr. and Alan E. Rimer.
Adjournment into Colsed Session
Commissioner Kyser moved and Commissioner Vogler seconded the motion to
adjourn to closed session.
The motion was unanimously approved 10-0.
Page 5 of 8
Historic District Commission Meeting Minutes April 10, 2018
Adjournment
Next Meeting - May 8, 2018
Chair Epting adjourned the meeting without opposition at 10:41pm.
Page 6 of 8
Historic District Commission Meeting Minutes April 10, 2018
Order of Consideration of Agenda Items:
1. Staff Presentation
2. Applicant’s Presentation
3. Public Comment
4. Board Discussion
5. Motion
6. Restatement of Motion by Chair
7. Vote
8. Announcement of Vote by Chair
Public Charge: The Advisory Body pledges its respect to the public. The
Body asks the public to conduct themselves in a respectful, courteous
manner, both with the Body and with fellow members of the public.
Should any member of the Body 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
materials in the agenda packet, are hereby entered into the record.
Unless otherwise noted, please contact the Planning and Development
Services Department at 919-969-5066; planning@townofchapelhill.org
for more information on the above referenced applications.
See the Advisory Boards page http://www.townofchapelhill.org/boards
for background information on this Board.
Page 7 of 8
Historic District Commission Meeting Minutes April 10, 2018
Page 8 of 8
Agenda
Town Hall
TOWN OF CHAPEL HILL 405 Martin Luther King Jr.
Boulevard
Historic District Commission Chapel Hill, NC 27514
Meeting Agenda
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, April 10, 2018 6:30 PM RM 110 | Council Chamber
Preliminary Meeting Information
Rules of Procedure - see below
Swearing in of public hearing participants
Roll call
Public charge - Chair Epting
General Public Commennts
Action Minutes
March 13th Draft Action Minutes (under development)
Reports and Updates
Update on Project to Complete Surveys of Chapel Hill Historic Districts
Old Business
1. 179 E Franklin Street Post Office Alley [18-0294]
Attachments: 179 E Franklin Street Post Office Alley
COA
2. 127 Mallette Street [18-0295]
Attachments: 127 Mallette Street COA
http://www.townofchapelhill.org Page 1 of 3 Printed on 4/6/2018
Historic District Commission Meeting Agenda April 10, 2018
New Business
3. 428 W Cameron Avenue [18-0296]
Attachments: 428 W Cameron Avenue
Staff Comments
Adjournment
Next Meeting - May 8, 2018
Closed Session
To preserve attorney/client privilege pursuant to NCGS 143-318.11(a)(3).
http://www.townofchapelhill.org Page 2 of 3 Printed on 4/6/2018
Historic District Commission Meeting Agenda April 10, 2018
Order of Consideration of Agenda Items:
1. Staff Presentation
2. Applicant’s Presentation
3. Public Comment
4. Board Discussion
5. Motion
6. Restatement of Motion by Chair
7. Vote
8. Announcement of Vote by Chair
Public Charge: The Advisory Body pledges its respect to the public. The Body
asks the public to conduct themselves in a respectful, courteous manner, both
with the Body and with fellow members of the public. Should any member of the
Body 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 materials in the
agenda packet, are hereby entered into the record.
Unless otherwise noted, please contact the Planning and Development Services
Department at 919-969-5066; planning@townofchapelhill.org for more
information on the above referenced applications.
See the Advisory Boards page http://www.townofchapelhill.org/boards for
background information on this Board.
http://www.townofchapelhill.org Page 3 of 3 Printed on 4/6/2018
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