LAYTONSVILLE HISTORIC DISTRICT COMMISSION

MEETING MINUTES

April 21, 2008 – 7:30 p.m.

Roll Call :

The regular meeting of the Laytonsville Historic District Commission (HDC) was called to order by the Chair, Ms. Wenger, at 7:34 p.m.  Commission Members: Ruspi, Prats, Howes, and Alternate Commission Member Hendricks were present. Commission Member Shortley arrived during opening of meeting.

Attendance :

The meeting was attended by Ms. P. Sterling, Mr. Mike Bingley and Mr. Dwight Hurst, NV Homes; Mr. William Harvey, and Mr. Steve Crum, Natelli Communities

Minutes :

Chair Wenger asked if there were any corrections or additions to the minutes of the March 17 meeting. Motion was made by Member Prats and seconded by Member Howes to accept the minutes as presented. Motion was accepted unanimously.

Preliminary Statement by Chair

It is the purpose of this committee to provide for the preservation of structures, districts, sites, and resources of historic, architectural, and archaeological significant together with the appurtenances and environmental setting, consistent with the general welfare of the town, it’s inhabitants, and visitors thereto

Public Hearing

Work Permit Application: 0308 – NV Homes. Proposed request to add additional house designs with conditions to current inventory for Lots 1, 3, and 4 submitted by NV House for the Rolling Ridge subdivision.

There were no conflicts of interest closures.

Entered into Record: Chair Wenger presented the facts of the application which included: the application, plat, renderings, notice of hearing, letters to contiguous properties and interested properties, deposit (fee waived due to previous payment by NV Homes).

Applicant explained that request was to include the Remington model, Elevation A and E, as eligible for Lots 3, 4, and 5.

Chair Wenger requested persons in favor of application to come forward: No persons presented themselves.

Chair Wenger requested persons opposed to application to come forward:

William Harvey; 7120 Brink Road, Laytonsville, MD.

Statement: Concerned that the terminology of adding to inventory in order include lower cost substitutions constituted fraud and would result in depreciation of the neighborhood which was not part of the original understanding when project was underway. Although the current economy may require builders of new construction to make concessions, Mr. Harvey expected the HDC to take a firm stand and hold the builder accountable to avoid any possible repercussions to the economic value of Laytonsville’s established properties; including but not limited to, the Voight house, which is currently unoccupied due to the new construction. Mr. Harvey objected to the term “substitution” of models which indicated a decrease in model home value.

Chair Wenger acknowledge that she had misspoken when she used the term substitution, and it should be noted that the application is for an addition to the current inventory. She also indicated that the Voight house was not up for discussion at this meeting.

Phyllis Sterling; 21401 South Montgomery Street, Laytonsville, MD.

Statement: While the builder is driven by economics to come before the HDC for changes to their original application, the HDC’s ultimate decision cannot be influenced by the present economic situation of the builder. It is expected that the HDC will base their decision on sound, rational, good judgment to study the additional options keeping in mind that the HDC is mandated to give leniency for new construction. This is not historic construction; these are new homes and the ordinance clearly states that leniency will be given. The HDC needs to consider how the new houses will fit in scope and scale with existing houses.

Chair Wenger indicated that the original designs presented for the lots started at over 3,400 sq. feet. The additions to the current inventory are smaller in scope and scale and will fit better within the district.

Rebuttal Remarks by Applicant:

Mr. Hurst indicated that there should not be concern that NV Homes would offer substitutions of lesser quality. The model and elevations up for consideration are currently selling for $1.5 million in Potomac and $1.3 million in Gaithersburg. There is no substitution of the quality of the material in any way

No further remarks from audience

No other modifications or conditions were discussed.

Discussion by Board:

Member Ruspi stated for the record that having gone through due process; the size and scale of the previous models were very large concerns of many of the HDC members from the beginning. The new model provides a good option from that perspective. The financial point of view from the builder’s perspective is not the concern of the HDC. Member Prats also stated that the current economic situation of the builder was not for the consideration of the HDC.

Mr. Harvey requested information regarding the Montgomery County Noise Ordinance indicating that the construction noise seemed to be outside of the normal hours.

Record Closed

Motion made by Member Ruspi:

Madam Chair: I have inspected the project plans and property in question; and, if constructed in accordance with the plans as presented, the project is compatible with the Historic District Commission Guidelines for new construction and is generally in harmony with the Historic District Commission Guidelines and the character of the adjoining properties. Therefore, I move that the HDC approve a work permit to the applicant for the plans as presented: Application Number HDC 0308.

Motion Seconded by Member Howes.

Discussion of Motion:

Clarification that this motion is based on the Remington Model, Elevation A and E.

Member Prats requested confirmation that a building permit would need to be issued each time a lot and model were under contract. The builder would need to submit an application and the HDC would keep track of the inventory model and elevation to be used. No two lots may have the same model or elevation..

Question was raised as to how the record showed that only one of the models and elevations can be used. Chair Wenger indicated that this had been included in the original work permit approval for the first application.

Call for Vote: Unanimous

Motion carried.

Applicant will receive formal notification from the Historic District Commission.

New Business :

Mr. Steve Crum, Natelli Communities, Rolling Ridge subdivision. Presented HDC with streetlighting plans, sidewalk, and roadway improvements for Brink Road located in the Historic District Commission. Currently the plans are being approved by Montgomery County. Streetlighting will be consistent with NV Homes. Concrete sidewalk is being considered. Current utility poles will be moved back. Application for work permit will need to be submitted. Potential hearing set for May.

Joanne Howes’ appointment ends on July 1, 2008. Chair Wenger requested Ms. Howes to consider an extension of her appointment. Chair Wenger’s appointment also ends in July 2008 and advised the HDC that she would like to continue her appointment in order to complete several projects underway.

Chair Wenger advised the HDC that recently the Board of Appeals received a request for a delay for a hearing regarding a matter put before the Board. Chair Wenger indicated that there is no process within the HDC guidelines which provids a process or procedure as to how to handle requests for postponements. She was able to locate some guidelines from Washington County which she requested the members to review and provide comments at a later date.

Chair Wenger also provided examples of current process and procedures of other boards regarding consent docket applications. The members were requested to review these as well.

Chair Wenger will discuss with members possible dates for future work sessions.

Adjourn :

There being no further business, Member Ruspi made the motion to adjourn the meeting which was seconded by Member Prats. Motion carried unanimously. The meeting adjourned at approximately 9:45 p.m.

Respectfully submitted,

Nadine Tarwater