Work Session Meeting minutes of the Town Council and the Historic District Commission Work Session on May 2, 2007
As reviewed, approved and accepted by the Town Council on June 5, 2007
Mayor Oland opened the Work Session at 7:30 p.m. Council Members Frank Bennett, Charles Bradsher, David Preusch and Tom Wilkinson were present. Members of the Historic District Commission: Sheree Wenger, Phyllis Sterling, Jill Ruspi and Michele Shortley were present. The Clerk was present. There were 10 individuals present.
Mayor Oland stated that the purpose of the Work Session was to discuss and review the Historic District Commission’s procedures and guidelines. Audience participation will be limited to answering questions. Comments will be received at the conclusion of the Work Session.
Mayor Oland recognized Sheree Wenger, Chair of the Historic District Commission. Mrs. Wenger introduced the members of the Historic District Commission. Mrs. Wenger indicated that that the purpose of the meeting was to review the history of the Historic District Commission and where the Commission would like to go.
According to the Maryland Association of Historic District Commissions, there are eight reasons for an Historic District:
1. To preserve architecture
2. To control change
3. To channel progress
4. To Foster community pride
5. To preserve environmental beauty
6. To increase real estate values
7. To improve the business community
8. To pull together community direction
Phyllis Sterling reported that the Maryland Historic Trust was created according to 66B – Maryland’s Annotated Code and that the MDHT is the entity that municipalities look to for guidance.
Mrs. Sterling further indicated that the significance of the Historic District is laid out in the Town’s 1989 Comprehensive Plan. The Historic District was created to preserve and protect historic resources. The original Historic District Commission was dissolved and another Historic District Commission was reformed in August 2003 to comply with Article 66B. Procedures, policies and guidelines were established in order to support defensible decisions.
The Historic District Commission members have continued their education through classes attended through the Historic Buildings Technology; the Architectural Technology Curriculum; Montgomery College; Tour and seminar of Mount Vernon and the historic landscape restoration; Principals of Good Design Infill; and Historic Districts and How to Get What’s Coming to You in April, 2007.
A discussion of contributing and non-contributing residences was held. It was noted that either designation does not eliminate the need for homeowners to apply for a Historic District Work Permit application.
Mayor Oland reported that the Town does have a line item for a consultant and requested that the Historic District Commission get an estimate to obtain grant money to hire a person to explore the feasibility for definition as a contributing residence.
Mrs. Wenger further indicated that from time to time the Historic District Commission mails out copies of the HDC’s guidelines, procedures, Work Permit application and application process to Historic District residents to keep them informed. Mrs. Wenger suggested Work Sessions be held with residents and the HDC to continually inform and educate residents and members.
Mayor Oland reviewed the Guidelines of the Historic District Commission and the Guidelines for the Rehabilitation and Maintenance of Residential Structures and noted that some of the information is confusing to residents. Mayor Oland suggested that the two Guidelines be consolidated.
Mrs. Sterling reported that the Guidelines for the Rehabilitation and Maintenance of Residential Structures and the Procedures were informational in nature.
Mrs. Wenger suggested that the Guidelines for the Rehabilitation and Maintenance of Residential Structures be removed from packets given to residents.
Mrs. Sterling introduced the Guidelines for new Construction. It was agreed that this information should be included in packets given to residents of the Historic District.
Michele Shortley suggested an Introduction be included to the finalized Guidelines.
Council Member Tom Wilkinson noted that a procedure should be in place to track applications and communicate with the homeowner (to remind applicant of hearing dates, required submissions, etc.)
Mayor Oland also recommended that the HDC be consistent in its communication with residents. Perhaps a copy of the HDC agenda could be mailed to each homeowner involved in a scheduled hearing.
Council Member Tom Wilkinson reviewed the process to take advantage of tax credits through the National Historic Trust and Montgomery County.
Mrs. Sterling noted that regarding tax credits because the Town has an Historic District and is operating under Maryland law, once the Historic District Commission approved an historic restoration, homeowners are automatically eligible for both Montgomery County and Maryland State tax credits.
Jill Ruspi noted that not only are tax credits available, but that there are grant monies available for energy-efficient improvements.
Mayor Oland noted that according to 66B, the local jurisdiction may adopt guidelines and the guidelines may include identification of categories of changes that are so minimal in nature that they do not affect historic, archeological or architectural significance and require no review by a historic district commission or historic preservation commission. (Article 66B, Section 8.06 (2). This information should also be included in the HDC Guidelines.
Mayor Oland requested that the Guidelines of the Historic District Commission be reviewed and then submitted to the Council for re-approval.
Mrs. Sterling requested that the Mayor and Council revie4w the Town’s Comprehensive Plan as it relates to the Historic District.
Mayor Oland indicated that the Comprehensive Plan is currently being reviewed and a Planning Commission will complete a final review when appointed.
Mrs. Sterling requested that the Council review the current Historic District Ordnance and perhaps the Ordinance itself should be adjusted as it pertains to contributing and non-contributing resources. Mayor Oland indicated the Ordinance would not be amended but that the Council and the Historic District Commission could create a joint Resolution to identify contributing and non-contributing resources.
Council:
Council Member David Preusch reported that he had reviewed the document that addresses new construction that was submitted at this Work Session and found it too vague and too subjective.
Citizens:
Barbara DeWitt
7200 Brink Road Submitted written comments:
a. HDC should react in a more timely manner – within 10 business days
b. There should be no Public Hearing on any matter that is limited to additions and renovations. No purpose for a public hearing if public comments aren’t heard
c. Landscaping does not need approval
d. No separate governing entity – report recommendations to Council
e. Overhaul Guidelines specific to Laytonsville
f. Decide Town standards/revamp Guidelines for building
g. Elect members and members and Chair to have term limits
h. Overkill on unnecessary submissions
i. Post-governing documents on web site
j. Benchmark guidelines – no consistency within the Town (Layton House vs gas station)
k. How is leniency determined? Whether you like the applicant
l. No new hearings on pre-approved items – how is“Flexibility” determined. What guidelines are in place for hearings?
Mayor Oland noted that according to 66B, members are appointed by the Mayor and Council for a specified term (Section 127.02 (g) of the Zoning Ordinance).
Chris Wilkinson Submitted written comments:
7000 Brink Road
a. What is the HDC trying to accomplish by having an
Historic commission regulating the historic properties in Town. How is the quality of the property different from when we did not have a formal HDC?
b. It appears that instead of guidelines we are talking about rules – instead of suggestions, mandates
c. Who is the best judge of what colors I paint my house, trees or bushes I plant, landscaping design or fencing I choose. I don’t think we should have any regulations on these things.
d. The Layton House is under Montgomery County and the National Historic Trust. We were provided a grant from the National Historic society and none of the restrictions they have imposed are as severe or strict as the Town’s.
e. The different styles, tastes and individuality is what makes the Town interesting.
f. The HDC charter should concentrate on new
development within the Historic District.
Mrs. Wenger noted that each new HDC Work Permit application is reviewed within three days for completeness. The public is always invited to speak at Public Hearings and comments are recorded in the HDC minutes.
Bill Harvey Faces a conundrum in that he may be forced
7120 Brink Road to violate the HDC’s regulations (to apply for a Work Permit and scheduled hearing) and immediately install new fencing around an existing pool to comply with Montgomery County requirements.
Emergency requests submitted to the HDC were discussed.
Council Member Frank Bennett indicated that the homeowner should replace the fence as soon as possible to ensure the safety of individuals.
Joshua Pomeroy Procedure should be in place that would allow
21404 Laytonsville Road homeowner to make decisions over emergency
changes and perhaps pay an increased fee.
The HDC should review their Guidelines and
pay particular attention to the maintenance
requirements and when the process should
go to a hearing.
Mayor Oland thanked everyone for attending.
The Mayor closed the Work Session was adjourned at 9:10 p.m. The Historic District Commission closed the Work Session at 9:10 p.m.
Respectfully submitted,
Cathryn D. Buit
Clerk
May 2, 2007