Heritage Commission

REVISED MINUTES – MARCH 14, 2024 MEETING 1. CALL TO ORDER Chair Marjory Wilkinson called the meeting to order at 5:00 PM. 2. SALUTE TO THE FLAG Chair Marjory Wilkinson led the Pledge of Allegiance. 3. ROLL CALL Members present: Mark Haynes, Scott Ringer, Catherine Tokarz, Marjory Wilkinson, Lois Kessin, Jane Whitehead Members absent: None 4. RECORDING SECRETARY Jennifer Place 5. STAFF IN ATTENDANCE Joe Gray, Code Enforcement Director 6. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETING 6.1. ACCEPTANCE OF NOVEMBER 15, 2023 MINUTES Catherine Tokarz made a motion to accept the minutes as written. All members voted in favor. 7. CITY COUNCIL LIAISON REPORT Mark Haynes brought up 3 items. Being an election official is not a conflict of being on a municipal committee. He checked with the City Manager who checked with the city attorney. Scott Ringer mentioned that the wording of the ordinance is very confusing. Mark Haynes will mention it to the City Council. Catherine Tokarz reminded Mark Haynes that the wording of the Heritage Commission ordinance should be changed from “impartial” to “disinterested.” Mark stated this would have to go before the full City Council for any kind of change like that. Catherine asked Mark to forward her concerns to the Committee. Mark said he would, as he’s the Chairman of the Committee. The second item is the Historic District Overlay. The Government Ordinance Committee asked Planning Director Rob Mora, if he could look at the second phase of the Historic Overlay, which would have taken into consideration the downtown area and which buildings are historical. Rob will get back to the Committee. The third item is the demolition permit time frame. This issue is going to the city attorney. The Committee would like it to mimic the building permit ordinance, which is the permit will exist for 1 year with a 6-month extension and then the property owner must reapply. Jane Whitehead asked what that will mean for St. Joseph’s Church. Catherine Tokarz thought they were grandfathered. Mark Haynes stated they are not and if they want to demolish that building, they’ll have to start the process all over again. The city attorney pointed out that they don’t have an actual demolition permit. They have an application. They never presented it formally. 8. PLANNING BOARD UPDATE The Planning Board currently has nothing new to report. No Planning staff was in attendance. 9. NEW BUSINESS 9.1. 1921 PARADE ROAD Chair Marjory Wilkinson stated the Code Enforcement Department submitted a Demolition Permit Application for 1921 Parade Road, which many of the Commission members toured with the new property owner, Lou Tomasello. Attorney Philip Brouillard and Lou Tomasello of JLT Development began their presentation. They applied for a demolition permit for the farmhouse and the barn. Attorney Brouillard reminded the Commission members that the city ordinance criteria for demolition permits is if the building is 50 years or older and if the building has interesting qualities that meet national or state criteria for designated historical, cultural or architectural landmarks. He does not think this property meets that criterion. The structure is a traditional New England farmhouse and barn. The ordinance states if the building or structure is of such an architectural or historical interest that its removal would be a detriment to the public interest. Attorney Brouillard does not think it does. The farmhouse and barn is in front of a planned 1,000-unit development, which he believes has the largest concentration of Laconia’s tax base. Most, if not all of those houses in that development are newer and more modern and this property is just out of place there. The retention of this building would have no public interest. If this building comes down, then the entrance to South Down Shores will be widened and to make it a safer traffic intersection. Attorney Brouillard asked the Commission if they were aware of the fines that the previous owner had received from South Down Shores. The association ordered the previous owner to demolish both structures and had fined him $100 per day per violation. Attorney Brouillard stated that 1,000 people voted to have those structures demolished and he didn’t want the Commission to think this was a greedy developer just wanting to demolish buildings. He argued that if the Commission disagreed with him, they would need to follow the procedures outlined in the city ordinance. This project has a tight timeline. If these buildings are not demolished prior to June 1, 2024, they would be fined. Attorney Brouillard asked the Commission to make the decision at this meeting or within 2 business days (the following Monday). He reminded the members that if they deny the demolition permit, he must be notified in writing and the Code Enforcement Director must post a sign and the city will have to hold a public hearing to allow residents to testify in favor of or against the project. Attorney Brouillard stated it was not feasible to move the house or the barn down the road to a new location. He also stated it wasn’t fair to the applicant or to the residents of South Down Shores to go through this 60 minute “dance” because this is prime construction season. Chair Marjory Wilkinson thanked Attorney Brouillard and Lou Tomasello for their presentations and stated the Commission has some questions. Attorney Brouillard stated he’d be happy to answer them. Scott Ringer asked Chair Marjory Wilkinson if it’s possible to review the historical significance of this property. Chair Marjory Wilkinson stated that the historical significance of this property is mostly agricultural and goes back to the early 1800’s when Ebeneezer Smith owned the land from Meredith Bridge. He was probably the largest landowner in this area and upon his death, the property was left to his son, John Smith. After John Smith passed away, it was inherited by his daughter who married Sam Blaisdell. Eventually Mr. & Mrs. Blaisdell sold the property to Israel and Albert Head. They are the owners who established the dairy farm. Agriculturally that area is significant and has been losing its significance since 1991 when South Down Shores or the concept of South Down Shores began. Initially it was going to be called South Down Farms. John Davidson purchased the property and in 2015 the Board of Directors determined that any property owners who were not in sync with their rules and regulations would be charged $100 per day. Mark Haynes stated he didn’t see any historical significance with the building within the last 40 years. Scott Ringer wanted to know more about what was being discussed. He stated he understands the position of the applicant, but we’re talking about whether something has historical or architectural significance. Attorney Brouillard stated it’s the job of the Heritage Commission to determine if something is historically significant. Scott Ringer stated that the Commission does not look at how much money something will cost. Chair Marjory Wilkinson stated that after the tour with Andrew Cushing and Cristina Ashjian, she thought the barn had lost all significance with the remodeling that occurred, but she thought the house had good bones. The roof was not sagging and the walls were not slanted. The Commission felt the windows had some significance to them. Jane Whitehead stated the building predates the existence of South Down Shores and wondered why it wasn’t grandfathered in. Lou Tomasello stated that when South Down Shores was originally developed, the developer included that parcel as part of the South Down Shores Recreation Association. The building has been in violation of those rules for years and they finally started fining the previous owner. Scott Ringer asked why the association started to fine the previous owner. Lou Tomasello stated it was because there was a change in the Board of Directors and the previous owner is 93 years old. The association put a lien on the building and basically forced the sale. Catherine Tokarz wanted to know how many of the 1,000 residents in South Down Shores bought, not knowing the barn and farmhouse were part of the parcel of land. Attorney Brouillard stated a lot of them did. He also noted that you can’t drive into the area without seeing those 2 buildings. Catherine Tokarz asked when the fines began for the previous owner. Lou Tomasello stated he thought it was November of 2023 and he purchased the property in December of 2023. The previous owner was identified as John Davidson. There was some discussion about how the association board works on behalf of its residents.  Scott Ringer asked who would make the final decision if the Commission denied or tabled the demolition permit. Code Enforcement Director Joe Gray stated it would go to the Board of Appeals and the final decision is made by the Code Enforcement Director. The procedures are outlined in the ordinance and all members of the Commission have a copy of those regulations. Jane Whitehead mentioned that Christina suggested having the house documented and registered with the Historical Commission and the Landmarks Association. Chair Marjory Wilkinson has the information on how to get that started. Attorney Brouillard stated they do not object to that occurring. Chair Marjory Wilkinson asked if the Commission should vote or table it. Catherine Tokarz stated she would like to table it. Scott Ringer stated even if the Commission tables it, they still must make a motion and then discuss what to do if they table it and what the next steps are. He mentioned they would like to save a few items from the house itself. Chair Marjory Wilkinson agreed. Lou Tomasello stated Andrew Cushing asked if he could have the windows, doors and the columns. Lou said he would allow that as a condition of the demolition permit approval. Lois Kessin stated there were tin ceilings in the home and asked if Lou Tomasello would allow Andrew Cushing to have them as well. Lou said yes. Mark Haynes suggested a historic marker with the importance of the land and who owned it be placed on the property. Attorney Brouillard stated he had no problem with that. Chair Marjory Wilkinson stated she would meet with the Code Enforcement Department to discuss the verbiage of the demolition permit stipulations. Scott Ringer made a motion to approve the demolition permit (with stipulations). The motion was seconded by Chair Marjory Wilkinson. All members voted in favor. 9.11. 32 CHAPIN TERRACE Attorney Brouillard and Lou Tomasello also represent 32 Chapin Terrace. This property was a guest cottage years ago. They went through the ZBA and Planning Board. Lou is the contractor and is building the house for the owner, Kevin Shaw. The home has no significance. Chair Marjory Wilkinson asked if they plan on building another home on that lot and Lou Tomasello said yes. Scott Ringer made a motion to approve. Catherine Tokarz seconded the motion. All members voted in favor. 10. OLD BUSINESS None. 11. PUBLIC COMMENT None present. 12. OTHER BUSINESS 12.1 QUORUM DEFINITION Recording secretary Jennifer Place wanted to make it clear that as a 5-member commission, 3 is a quorum. 12.1.1 NH-106 DURKEE BROOK DOT LETTER Scott Ringer received a letter from the NH DOT regarding the Durkee Brook project. Scott thought it should have been mailed to Chair Marjory Wilkinson instead. The NH DOT wants to know if there are any natural resources of significance within the vicinity of the project (stone walls, cultural resources of significance, etc.). Per the letter, if there are any significant resources, members can contact the NH DOT and become part of an advisory board for this project. Jane Whitehead stated NH has LiDAR (light detection and ranging) images. This radar penetrates dense vegetation to look for historical items (stone walls, Native American presence). Jane stated it’s unlikely that there’s any Native American presence, but not impossible. Jane wondered if it could be used for the State School project and stated she has a friend who works with the NH DES who could give the Commission an information session about it if they’d like. Scott Ringer wanted to know where Durkee Brook was. Mark Haynes stated that the Academy Street bridge runs over it and it also runs along Route 106. The lower part of Durkee Brook is where the WOW Trail goes over the train trestle, which is historical. There were species of fish (smelt) that were in that brook back in the 1950’s and 60’s. Mark Haynes remembers seeing them spawn when he was a child. Lois Kessin wondered if there were any stone walls in that area. Mark Haynes stated he’d have to investigate that. Lois Kessin stated Durkee Brook also runs along Union Cemetery and that’s historically significant. She stated that the cemetery goes back to the Civil War. Mark Haynes stated he thought it was dedicated later than that and it’s hard to differentiate where Durkee Brook originates. 12.1.11 CHAPTER 91-A REVIEW Recording Secretary Jennifer Place wanted to go over Chapter 91-A to make sure all Commission members know when to post a meeting. Anytime members meet and there’s a quorum, we must post the meeting publicly. Jennifer also let the Commission know that Code Enforcement and Planning/Zoning are no longer one department. They have been separated. Chair Marjory Wilkinson has concerns regarding Rules of Procedure. They’ve been drafted, but the Commission has not had a full meeting to determine how to move forward with them. Lois Kessin asked if we have to publicly post work sessions. Recording Secretary Jennifer Place stated yes, it must be posted, but we can post it as a “work session.” Catherine Tokarz announced her retirement at this meeting and read the following thank you letter to the Commission members: “14 March 2024 To: Laconia Heritage Commission Members It has been a real pleasure and joy for me to serve the City of Laconia with all of you on the Heritage Commission. However, I find it is time for me to step aside. I appreciate your commitment and dedication and that of our city staff in the Planning Dept for their work. Our theme song could be, Big Yellow Taxi, originally sung by Joni Mitchell and made more famous by the Counting Crows. It certainly says it like it is: “Don’t it always seem to go, you don’t know what you’ve got until it’s gone….they paved paradise and put up a parking lot.” It is my opinion that our hands have been tied as we haven’t been given the proper ordinance, ones with teeth, to be able to preserve our structural history to the degree that we have hoped. I became interested in serving as a Commissioner before the Hathaway House was destroyed. So many others have followed and with the State School mystery wondering if any of these structures will be rehabilitated once the sale goes through. We’ve watched helplessly as the Catholic Diocese of NH allows St. Joseph’s Church to be destroyed from within her beautiful walls. Not even a hand delivered letter from our commission directly to Vatican City several years ago has seen any response. I’ve been to weddings and funerals at St. Joe’s. How heart breaking it is to know that as much as we’ve tried, we are not able to preserve what gives Laconia it’s structural character. Not even once. It’s unfortunate that others will not benefit from seeing the care of superb craftsmanship, and materials of construction from many decades’ past. I fully understand that we live in the Live Free or Die state. If the City Council wanted to, they could direct our Planning Board to approve aesthetically, quality structures be built to replace the ones that have been allowed to fall into disrepair or just because a builder/buyer chooses not to. One need only read and see the phones in the Saturday edition of the Laconia Daily Sun, written by our local history writer, Warren Huse to see what has been lost over the decades. Often times, the before and after photos in his article Our Yesterdays pull heartstrings as we are faced with what has been tossed aside. If you would allow me, I wish to share my thoughts for the future of the Heritage Commission. I’ll help wherever I can volunteer for you. Use them or not. • Once a year, invite all City Council members, the City Manager, the Planning Director, the Planning and Zoning Boards to meet with you so that they can be made to see how important preserving our heritage is. Or you may rather attend their meetings and be placed on the agendas. • Research the idea of having Laconia service organizations send a representative as a full member or alternate to the HC. • Each spring, reach out to an interested history teacher at Laconia High School to have him/her find, among their students, a representative from either the Junior or Senior class to join the HC.  • Along these lines, consider inviting Lily Lescarbeau, the LHS senior who, for her Diploma of Distinction project for graduation, collected a comprehensive history of Laconia High School from the last 100 years. The Diploma of Distinction recognizes the goals and ideas that inspire students to explore their natural ability to learn and grow. Please consider attending Lily’s reception on Monday, March 25 th at 5PM at the Library. • Set up an informational table at City wide events to promote the HC. • Continue the tradition of recognizing homes that have been well preserved with an official City/HC document and publicity. • Procure from the Planning Dept a list of building permits to determine the improvements being made to existing structures. This will help in home restoration projects for our HC awards. • Promote the HC in the Laconia Links at least quarterly. Many citizens read this weekly. Guest writers could contribute. • Continue searching out realtor websites for historic homes for sale in the City. As in the past, send this information to the Planning Department so that they can preserve these homes in a data base for the HC. • Present Warren Huse with a certificate of appreciation from the Heritage Commission. • Present or mail a proclamation to the original Heritage Commission members. They were a force and their vision for this Commission is admirable. Thank you for all you do and for your kindness. I shall miss you. But, don’t be surprised if I show up in the gallery every once in a while! Catherine M. Tokarz” 13. ADJOURNMENT Chair Marjory Wilkinson moved to adjourn the meeting at 6:02PM. Minutes accepted & approved 07/23/2024.