Work Session Meeting minutes of the Town Council Work Session on Nov.15, 2005

As reviewed, approved and accepted by the Town Council on December 6, 2005

Mayor Oland opened the Work Session at 7:33 p.m. Council Members Frank Bennett, Dave Halperin and Dave Preusch were present. Tom Wilkinson was present. The Clerk was present. There were seven residents present.

Mayor Oland informed the Work Session that the Laytonsville Lions Club will decorate the spruce tree on the grounds of the Town Hall for the Holiday Season this year. A flyer will be distributed to residents.

Mayor Oland reminded the meeting that tonight’s meeting is not a hearing. It is a Work Session and the subject is the Historic District Commission’s authority and procedures. Citizens may or may not enter into discussions at Work Sessions and tonight’s meeting is open for citizen input.

Mayor Oland further reported that Article 66B of the State of Maryland gives the Historic District Commission considerable authority and latitude. It is the Mayor’s opinion that the Historic District Commission apply the adopted procedures and guidelines equally through the historic district.

Council Member Frank Bennett reported that under Section 127.02 (Preservation of Historic Resources) (a) of the Zoning Ordinance that the terms “gardens and lawns” should be eliminated in his opinion. Council Member Bennett referred to a letter from resident Roy W. Barber in which detached garages within the Historic District was discussed. Council Member Bennett further reported that he would like to reconstruct the Historic District Commission to become an Historic Advisory Board and have the Town Council approve final actions within the Historic District.

Council Member David Preusch reported that under Section 127.05 of the Zoning Ordinance, the last paragraph regarding “routine maintenance or repair of exterior features, any customary farming operations or any landscaping, which will have no material effect on historic resources located within the Town . . .” seems to be in conflict with Section 127.02 (a) “Appurtenances and environmental setting”. Council Member Preusch suggested better defining the terms “landscaping”.

Council Member David Halperin recommended a dollar limit under which the requirement of a Work Permit would be required or to institute the Town Council’s right to oversight. Mayor Oland reminded the meeting that the current Ordinance refers any appeal to the Appellate Courts of Maryland.

Tom Wilkinson suggested a strict definition for the boundaries of any plantings (to include height and girth) to better clarify “landscaping”. Mr. Wilkinson further reported that he felt the current procedures and guidelines were too restrictive.

Mayor Oland referred to Town Counsel, Stan Abrams’ letter dated September 23, 2005 referring to Section 126 of the Zoning Ordinance in considering applications for work permits that “allows the Historic District Commission to be lenient in is decisions on structures (which includes landscaping as part of the environmental setting) of little historic or design significance or for plans. . .” Mayor Oland further reported that Mr. Abrams has recommended that the Town Council act as the Historic District commission in conjunction with an Historic Advisory Board.

Residents Roy Barber, Larry Holvorson, Jim Ruspi and Tim Shortley added comments regarding the Historic District Commission’s Guidelines and Procedures.

Members of the Historic District Commission – Phyllis Sterling, Sheree Wenger and Jill Ruspi reported that their members had spent several years working on the Guidelines and Procedures all with the assistance of outside expertise, either through the Maryland Historic Preservation Trust, legal counsel or the town planner. The current Ordinance and the Guidelines and Procedures in place for the Town of Laytonsville follow the intent of Historic Districts throughout the State of Maryland. Phyllis Sterling further reported that it was her opinion that the Town’s Comprehensive Plan would also have to be changed due to the majority of the contents encompass the Historic District.

Mayor Oland thanked everyone for attending.

The Work Session was adjourned at 9:00 p.m.

Respectfully submitted,

Cathryn D. Buit

Clerk

November 15, 2005