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HomeMy Public PortalAbout04-04-2018 Minutes HDC regular meetingPage 1 of 11 Minutes Historic District Commission Meeting 7 p.m. April 4, 2018 Town Barn, 101 E. Orange St. Present: Chair Reid Highley, Vice Chair Brad Farlow, Joe Griffin, Jill Heilman, Laura Simmons and Virginia Smith Absent: Max Dowdle Staff: Town Attorney Bob Hornik and Planner Justin Snyder Guests: Bryan Boer, Brad Curelop, Ryan Briggs, Steven Burke, Meighan Carmichael, Chuck Ferguson, Susan Frankenberg, Emily Godrich, Bill Harris, Frances Harris, Beth Louden, Kevin Murphy, Charles Nordan, Carol Rosemond, Wesley Scarlett, Jr., Dave Swanson, Nishith Trivedi, Don Wells, and Elizabeth Woodman Item 1: Call to order, roll call, and confirmation of quorum Chair Reid Highley called the meeting to order at 7:01 p.m. Planner Justin Snyder called the roll and confirmed the presence of a quorum. Item 2: Reading of the commission’s mission statement Highley read the commission’s mission statement. Item 3: Adjustments to the agenda Snyder moved Item 9 before Item 5. Item 4: Approval of the minutes from the March 7, 2018, meeting Motion: Member Laura Simmons moved to approve the minutes as presented. Member Jill Heilman seconded. Vote: 6-0 Changes: None Item 5: After-the-fact application for a Certificate of Appropriateness for E. Wesley Scarlett, Jr. to excavate soil and remove a contributing brick stoop from the west elevation to remediate a fuel oil leak at 221 W. Margaret Lane (9864-95-1728). Motion: Simmons moved to open the public hearing. Member Joe Griffin seconded. Vote: 6-0 Highley asked whether there were any conflicts of interest on the commission regarding this application. There was none. Page 2 of 11 Wes Scarlett was sworn in. He noted a correction in his name and that the oil leak was fuel oil and not diesel oil. He reviewed that he was selling the house and the buyer requested an environmental study, which led to the discovery of the leak and resulted in the removal of a lot of dirt and the brick stoop. He said the stoop was not contributing to the historic character of the house. Scarlett noted the buyer’s representative was present at the meeting and that the buyer preferred to leave things as they are and come before the board with what she prefers to do after she has purchased the property. Snyder added that not having the stoop creates a life safety consideration. Beth Louden was sworn in. Louden is the real estate agent representing the buyer. She said that no one has lived in the house for three years and that Scarlett is representing the estate selling the house. Louden said the buyer intends to purchase the house as soon as possible and then will make plans to improve the house. The architect is local, and the plans are not ready to share with the board. Louden said the buyer lives in Hillsborough, and no one will be living in the house until the renovations are complete. Snyder cautioned that the commission does not control occupancy of the house, so the commission has to consider the house as occupiable. The board discussed the possibility of requiring a temporary egress. With direction from Town Attorney Bob Hornik, the commission decided to place a condition on approval of the application that plans be submitted within six months to address the concern of safe egress. There was brief discussion that the commission does not have the authority to waive the after-the- fact fee, which has already been paid. There was clarification that when a property owner receives a Certificate of Appropriateness, the property owner has one year to complete the work. Motion: Member Jill Heilman moved to close the public hearing. Simmons seconded. Vote: 6-0 Motion: Vice Chair Brad Farlow moved to find as fact that the Scarlett application is in keeping with the overall character of the Historic District and complies with all relevant standards of evaluation based on the commission’s discussion of the application and the standards of evaluation in Section 3.12.3 of the Unified Development Ordinance because the plans are consistent with the Historic District Design Guidelines: Porches, Entrances, and Balconies; Masonry; Accessibility and Life Safety Considerations. Griffin seconded. Vote: 6-0 Motion: Farlow moved to approve the application with conditions. Second: Simmons seconded. Page 3 of 11 Vote: 6-0 Conditions: The owner of the property must return within six months with an application for a Certificate of Appropriateness to address the egress issue for the existing doorway where the stoop was removed. Item 6: Application for a Certificate of Appropriateness for Orange County on behalf of the Town of Hillsborough to construct a bus shelter with aluminum columns on the site of the existing bus stop and bench in the Churton Street right of way in front of 127 N. Churton St. (9874-06-3568). Motion: Heilman moved to open the public hearing. Farlow seconded. Vote: 6-0 Highley asked whether there were any conflicts of interest among the commission members. There were no conflicts. Snyder read the staff report into the record. Orange County Planner Nishith Trivedi was sworn in. Trivedi stated that Go Triangle would be engineering the bus shelter. Commission Member Virginia Smith expressed a preference for the shed-roof design because she thought it was more in keeping with shed roofs in Hillsborough and the bus stop would be on Churton Street. The alternative design had more futuristic curves. Highley said he did not have a preference because there is precedent for the alternative in town. Trivedi said there is a bus shelter planned in the future across from Weaver Street Market in the Historic District. Trivedi said if the commission chooses this shed-roof design, all the bus shelters in Hillsborough would have that design, including those outside the Historic District. The sides would be glass. The nearby tree would not be disturbed. Commission members expressed a preference for cantilevered side walls. Motion: Simmons moved to close the public hearing. Smith seconded. Vote: 6-0 Motion: Heilman moved to find as fact that the Orange County application is in keeping with the overall character of the Historic District and complies with all relevant standards of evaluation based on the commission’s discussion of the application and the standards of evaluation in Section 3.12.3 of the Unified Development Ordinance because the plans are consistent with the Historic District Design Guidelines: Public Right of Way. Simmons seconded. Vote: 6-0 Motion: Heilman moved to approve the application as modified. Simmons seconded. Vote: 6-0 Conditions: Bus shelter shall have a sloped shed roof with cantilevered side walls. Page 4 of 11 Item 7: Application for a Certificate of Appropriateness for Emily Godrich on behalf of Bryan and Angel Boer to demolish a contributing wood-frame 1950s house, a 1970s concrete-block garage, and two non-contributing outbuildings at 234 Thomas Ruffin St. (9874-28-5054). Motion: Farlow moved to open the public hearing. Simmons seconded. Vote: 6-0 Highley asked whether anyone on the commission had a conflict of interest regarding this application. No one did. Snyder read the architectural information and staff report for this application into the record. Heilman checked that this application is only regarding demolition of existing buildings and not tree removal or subdivision of the property. Snyder affirmed that and said if demolition is approved, the applicants would like to fill in the basement area. Bryan Boer was sworn in. Boer said the house is in the center of the front half of the property. He and his wife would want to sell one or the other half of the front of the property. He has spoken with some people who move old houses and they were not interested in moving this house. Boer said his contractor, Kevin Murphy, also looked at it and agrees the house is in bad shape. The roof is missing on the back side of the house. The floor joists are falling in. The walls of the basement are bulging. Highley asked whether there was anyone present to speak for or against the application. Kevin Murphy was sworn in. Murphy said the house is a safety and health issue. In addition to the disrepair, there is mold growing in the house. Murphy said he does not take demolishing a house lightly; this one is in disrepair and needs to come down. Boer added the house has been vacant for 20 years. Heilman said there is no plan to evaluate whether the new use compensates for the loss of the one proposed for demolishment. She asked whether it could be a condition of approval that demolition be contingent on the commission being presented with a new site plan. Hornik said the demolition could be delayed until there is an understanding of what new use is proposed. Emily Godrich was sworn in. Godrich is the real estate agent who plans to help the Boers subdivide and sell a front lot. Godrich said it would be preferable to the Boers to be allowed to demolish the existing buildings, grade, and then sell the lot. Boer said that anything would be better than what is there. Heilman said it is a significant property and contributes in a special way to the streetscape, in an open way. Boer said an open lot would contribute more. The house is dangerous. Page 5 of 11 Charles Nordan was sworn in. Nordan lives as 225 Thomas Ruffin St. and stated these structures are not contributing to the landscape. He has lived in the neighborhood since 1986. Two or three times, he has noticed people on the property and called the police. He thinks the structures should be demolished and that they make a negative contribution to the streetscape. He would prefer for the land not to be subdivided, but he understands the property owners have the right to do so. Highley said the commission does not have a say in the subdivision of the property. Nordan said he understood that. Boer said the subdivision is likely to be a house on a front lot and the Boer home in the back. He and his wife have lived in the district 18 years. Smith said regarding Guideline 4, “submit a site plan illustrating demolition site treatment,” one could consider grading, filling in the basement and reseeding as a treatment. Heilman said the commission has seen applications lately where people are stacking multiple houses on a lot. She is concerned that the commission does not have a site plan for the future use of this property. She understands there will be an evaluation process in the future. Godrich emphasized the house is a safety hazard. Anyone exploring the house could fall through to the basement. Board Member Joe Griffin said the house should come down. Heilman said there should be a plan for a proposed new use, at least the number of lots. Godrich said there will not be more than two homesites in the front and a house on the back lot: three houses total at the most. There was question of the driveway location for the back lot and whether it is appropriate to decide that now. Farlow said he thinks everyone agrees that the house should be demolished. The commission members asked whether any trees would have to be removed. Boer answered that the plan is to not take out any large trees. Motion: Simmons moved to close the public hearing. Griffin seconded. Vote: 6-0 Motion: Smith moved to find as fact that the Bryan and Angel Boer application is in keeping with the overall character of the Historic District and complies with all relevant standards of evaluation based on the commission’s discussion of the application and the standards of evaluation in Section 3.12.3 of the Unified Development Ordinance Page 6 of 11 because the plans are consistent with the Historic District Design Guidelines: Demolition of Existing Buildings. Griffin seconded. Vote: 5-1 (Heilman opposed) Motion: Smith moved to approve the application as modified. Simmons seconded. Vote: 5-1 (Heilman opposed) Conditions: The basement opening must be filled, graded smooth and seeded, and a floor plan and photo survey of the interior and exterior of all structures shall be submitted to staff prior to demolition. Item 8: Application for a Certificate of Appropriateness for Drees Homes on behalf of Elizabeth Walker to build a new 3,055-square-foot home with attached garage and rear screened porch at 312 Mitchell St. (9874-17-9943). Motion: Farlow moved to open the public hearing. Griffin seconded. Vote: 6-0 Highley asked whether there were any conflicts of interest regarding this application. There was none. Snyder read the staff report into the record. Ryan Briggs, construction manager with Drees, was sworn in. He said he was available to answer questions. He clarified that the plan is to have one double garage door with no windows. Highley acknowledged that several people were in the audience to speak regarding this item. He reminded those who wished to speak that the commission was seeking factual testimony and references to the guidelines. Elizabeth Woodman was sworn in. She said she has served on the Hillsborough Planning Board, where she worked on an ordinance regarding the architecture of garages with the intention of excluding this proposed garage architecture with the garage sticking out in the front of the house like a snout. She believes it would be the only one in downtown Hillsborough. She said it is an unfriendly and unattractive architecture that is outmoded in a lot of developments. Smith noted the garage of the brick ranch next door protrudes one foot farther out than the front of that house. This would protrude more than that. Woodman said this proposal also has a busy roofline. She hopes there will be coordination with the Planning Board’s work. Hornik said state law has changed and zoning regulations can no longer regulate exterior features on one and two-family residential dwellings. However, the Historic District Commission can regulate exterior features. Page 7 of 11 Steven Burke was sworn in. He resides at 214 W. Tryon St. He is a past chair of the Historic District Commission. He said this Drees product is not appropriate because of the scale and mass, architectural type, and relationship of the proposed building to other buildings and to the community. The garage sticking out speaks to vehicular convenience and not a relationship to other houses or the street, Burke said. Don Wells was sworn in. He and his wife, Darlene Wells, live at 308 Mitchell St. They chose to live in the Historic District because of the character the guidelines protect, he said. Wells said he is speaking on behalf of over 30 people who signed a petition reflecting that the proposed Drees home does not meet the guidelines. His neighbor Bill Harris conducted an analysis, which Wells is presenting. The average home size on Mitchell Street is 1,773 square feet. The proposed house is 72 percent larger than that. The proposed home is 76 percent larger than the homes right next to this lot. On Thomas Ruffin Street, the houses are generally 1,500 square feet. The proposal is an enormous divergence from the neighborhood, Wells said. The proposed house’s height is 10 to 12 feet higher, on average, than any other house in the neighborhood, Wells said. He likes to sit on his front porch and look north to the kids playing street hockey and learning to ride their bicycles. The proposed house to the north of him would extend 42 feet in front of his porch. He will not be able to see the street to the north. He said he accepts that change is inevitable and he looks forward to having a neighbor, but a neighbor living in a home that meets the guidelines. David Swanson was sworn in. He and his wife, Joanna Swanson, live on Thomas Ruffin Street directly behind the proposed house. They chose Hillsborough for the reasons Wells and others described. He is a small business owner in town. He believes this neighborhood was laid out 120 years ago. There are precious few lots left, and he believes the commission and residents are stewards of the neighborhood. He said the lot is central to the neighborhood and is very visible, so whatever happens on this lot will affect the character of the entire neighborhood. He shared a list of guidelines that he believes are relevant and that this proposed house does not meet, including that new buildings should contribute and maintain the historic character. Swanson said it is clear that the design and scale of the proposed home is without regard to any of the surrounding context. He shared the streetscape, narrow streets without curb and gutter and a park-like setting. He pointed out that there is relative consistency of setbacks of the homes on the street and open front yards that create the park-like feeling. He noted the surrounding houses are consistent in size and height, mostly mid-century Cape Cod or ranch-style homes with similar roof pitches. There is concern that whatever happens on this lot could set a precedent for future development on other undeveloped lots in the neighborhood. He also requested that a second look be taken at trees that are proposed to be taken down which have been characterized as diseased because they look healthy to him. Frances Harris was sworn in. She lives at 309 Mitchell St., which is catty-cornered to this lot. She and Bill Harris love living on Mitchell Street because of the green open space. She thinks the large scale of the proposed house is inappropriate. Carol Rosemond was sworn in. She lives on Mitchell Street on the north side of this property. She has lived on Mitchell Street for 35 years. She chose to live on that street and waited for a house to Page 8 of 11 come on the market. She said there is a nice mix of small to moderate homes. The opportunity to build on a lot on this street in this historic district is a rare opportunity and is not being embraced with the proposed plan, she said. She pointed out that including the garage, attic and porch, the structure would be more than 4,000 square feet — more than two times and sometimes three times the size of other houses on the street. The house is significantly taller than others nearby. The proposed house was designed for any new subdivision across the state or the country. Rosemond said she is not sure of Drees’s expertise in designing a home for an existing neighborhood. The house should be designed for the lot and not just dropped in, she said. She is also concerned about the front-facing garage. Rosemond said according to her research, 97.5 percent of homes in the historic district on the east side of Churton Street do not have attached, front-facing garages. She thinks that a front-facing double garage is not compatible with the neighborhood. Also, she is concerned that the north side of the proposed house does not have windows, so when she uses her side door, she will be faced with a wall of siding. That is not friendly to her. The majority of homes in the neighborhood have windows on all four sides. She is concerned about precedent being set for other vacant lots in the district. She does not believe this house enhances the character of the district. Susan Frankenberg was sworn in. She lives on the corner of East Queen and Cameron streets. She has served on the Historic District Commission. She said Mitchell Street is a lovely street and she enjoys walking there. The proposed house will be an eyesore because it will not relate to the surrounding properties. It is out of scale for the neighborhood. She agrees with what others have said in opposition to this proposed house. Brad Curelop was sworn in and noted that he is the potential buyer of this lot. He said he and his wife have lived in Hillsborough for 17 years. He does not want to live in a house that no one wants. Drees has a build-on-your-lot program. He and his wife thought this Drees house was closest to what would fit into the character of the neighborhood. He said Drees worked with Snyder to try to comply with the guidelines. If the Drees house was not appropriate, he and his wife would buy the lot and build a custom house, he said. He could alter the application to a side-entry garage. His wife took pictures of houses with similar front porches. He said they know the lot is a unique opportunity. He wanted the commission to know that he and his wife did do research. He said there are fewer windows proposed than they would have liked because windows are expensive, but they can add more windows. Chuck Ferguson was sworn in. Ferguson said he is with the build-on-your-lot Drees program. He said changes can be made to accommodate the character of the neighborhood. The home could be smaller scale with more windows. Highley suggested the commission first talk about the site (both placement and size of the house) and plantings, then the materials, and lastly the architecture. Simmons requested a higher-quality species of plants for the landscaping. Heilman suggested a landscaping plan that addresses the area along the back of the property line where the pines are proposed to be removed. Simmons agreed. Page 9 of 11 There was interest in siting the house on the lot similar to how the neighbors’ houses are sited. The commission asked the applicant to speak to this. Snyder said he had raised this concern with Drees about the applicants’ desire to move the house forward. There are houses on the street to the north that are projected more forward but not next door to the proposed house. Snyder said the lot had enough room within the building envelope where the house could be moved back 25 feet and still meet the zoning requirements. Briggs said the buyers wanted more back yard, but the house could be moved back. Curelop said his wife wanted more back yard. Hearing the concerns from the neighbors, moving the house back is not an issue. Snyder said the east side of the road is higher than the west side, so the house will appear even taller than it is, which is another reason to set it farther back. Swanson reminded the commission that moving the house back creates more of a problem for him on Thomas Ruffin Street, regarding the massing. Farlow said the massing is out of proportion with the lot. Highley told the applicants it would be helpful for the commission to see drawn information regarding the setbacks and size of the house relative to the other houses. Smith said she wonders how much time the commission should spend on each architectural element of the house when there needs to be a way to say the proposed house is too big. Farlow said there might be a way to get a house of this size on the lot, but he does not think this proposal is the way. Highley checked the commission cannot regulate the size of the house. Hornik said the commission has to speak in relation to what is around this house and could regulate massing and scale because any proposal had to be in harmony with the special character of the district. Highley said he wanted to be clear that the commission cannot stipulate the square footage of the house. Highley said he would like for the commission to give the applicants as much information as it can, so he does not want to skip any architectural discussion. The commission then discussed architectural and material details: • The front porch balusters would be made of wood. • The attached garage should be turned sideways so the doors are not facing the street. • Windows should make sense (blackened windows in the attic space may not be appropriate, but the house looks more massive without them. • A different roof design would help reduce the massive appearance of the house. Page 10 of 11 • Faux hinges on the garage doors are not appropriate because they are faux. • Separating the pilasters with a joint or a break in the plane to help the columns read more like columns. A detail like that helps to bring the scale down. • A three-dimensional rendering showing the roof and rear elevation would help the applicants make the case that it is not such a massive house. • Consider how to get that two-story space in the rear with a lower ridgeline, possibly with a different roof design. • Where there are attached garages in the district, they do not usually protrude past the front wall of the house. Add windows on the street side. • Reduce the screened porch columns from six to three or four. • Include the configuration of the door, stairs and balustrade for the screened porch on the plans. It was noted that the railing for these stairs would be made of pressure-treated wood. Highley reminded the applicants that earlier discussion had also included: • A request for more landscaping • More information to evaluate the setback of the house relative to the others in the neighborhood • An increase in the number of windows relative to the size of the side elevations Highley said there is not consensus to approve this application. The commission could vote on the application or could vote to table the item. The applicants expressed a desire for the commission to table the item. Snyder said the May agenda is full. The commission asked the applicant if they could have a revised plan ready for the June 6 meeting. The applicant stated that they could and agreed to the date proposed. Motion: Heilman moved to table to June 6, 2018, and leave the public hearing open. Simmons seconded. Vote: 6-0 Item 9: Presentation of a landscaping plan by Meighan Carmichael to satisfy a previous condition of approval for a Certificate of Appropriateness at 119 N. Occoneechee St. (9864-76-6768). Highley reviewed that Meighan Carmichael had submitted the landscaping plan required by the commission regarding planting four trees as replacements for the one removed. When asked, Carmichael said the trees she will plant will be from at least 5-gallon containers. She would prefer the trees to be as large as possible. Motion: Heilman moved to approve. Farlow seconded. Vote: 6-0 Page 11 of 11 Item 10: Updates Commission members expressed concern about other houses in the district with fallen roofs that will likely be brought before the commission for demolition. Staff advised the commission that a shortage in personnel would make enforcement difficult. The commission asked Hornik if they could submit complaints as citizens for demolition by neglect properties. Hornik advised the commission that someone else would need to do it since they were acting in a commission role rather than as citizens. Staff updates: Justin Snyder reported that: • The next meeting will start at 6 p.m. for Certified Local Government training. • Commission members were requested to attend the May 25 Last Fridays. • At least two commission members need to attend training May 18. Smith and Heilman plan to attend. More can attend. • Town office and meeting space renovations are underway. • The outdoor seating area at The Wooden Nickel Public House will be installed soon. Matt Hughes introduced himself as the town’s newly appointed commissioner. Item 11: Adjourn Motion: Heilman moved to adjourn at 10:38 p.m. Simmons seconded. Vote: 6-0