Historical Commission Minutes, December 6, 2010
Member: Jim Collins, Sharon Connors, Wendy Goldberg, Janet Jones, Jane Loos,
Donna Lubell, Geraldine Millham,
Alternate: Christine Vezetinski (arrived at 7:40pm)
Absent
Member: none
Alternate: Anne (Pete) Baker, Norma Judson, Sean Leach,
Sharon Connors (SC), Chair, called the meeting to order at 7:00 pm in the Town Hall basement meeting area. SC noted that there will be five voting members for the public hearing, because two members will recuse themselves as abutters to abutters of the property in question. Others in attendance included:
Lin Beck & Bill Pardee 1875 Main Road, WPT
Steve Connors 315 Sodom Road, Westport
Vicki LeValley 1892 Main Road, WPT
John Miller 5 Windward Way, WPT
Betty Slade 2037 Main Road, WPT
Christopher Wise 24 Center Street, New Bedford
A. General Business
1. Minutes of November 1, 2010 Meeting. GM suggested a number of clarifications. Janet Jones (JJ) moved and GM seconded a motion to approve the minutes as revised. The vote in favor was unanimous, with two abstentions, because those members had not attended the November 1 meeting – SC and Wendy Goldberg (WG).
2. Minutes of the November 18, 2010 Executive Session. GM informed that the draft mis-stated the amount in the WHC Trust Fund, and provided the correct amount. WG moved and JJ seconded a motion to approve the minutes as revised. The vote in favor was unanimous, with Donna Lubbell abstaining because she did not attend the November 18 meeting.
2. Treasurer’s Report. GM presented the report as of December 1, 2010 (Attachment 1):
(a) WHC expense account had a balance of $565.05. Revenue to date is $300.
(b) WHC Trust Account balance is $9,273.12. The Wolf Pit School Trust balance is
$6,405.25.
(c) The Town Farm expense account is $1,22.35.00. The Town Farm Trust balance is
$11,202.50
3. Jane Loos (JL) moved and DL seconded a motion to approve the Treasurer’s Report. The vote in favor was unanimous.
4. Disclosures by Appointed Officials. SC distributed copies of the “Disclosure of Appearance of Conflict of Interest” form to all members and alternates. SC advised that when there is the possibility of an appearance of conflict of interest, appointed officials should disclose the facts of the matter in this form and file it with the Town Clerk (Attachment 2).
5. 1813-1815 Main Road. SC informed that she visited the site today with the structural engineer from Halliwell and the Building Inspector. Mr. J. Furtado was also present. SC provided the engineer with copies of the approved drawings for the House and the Corn Crib. The engineer’s report is expected to be delivered prior to the Board of Selectmen (BOS) public hearing on December 27, 2010 when the matter of the nuisance designation will be considered. The engineer will also attend that hearing.
6. SC read to the meeting the communications between Town Counsel and Mr. Furtado to set the date for the BOS public hearing and to arrange for the inspection (Attachment 3).
7. SC thanked members of the public who had written to Shorelines in support of WHC’s actions to preserve and protect these historic buildings – including Barbara Hanley, Barbara Bean, Betty Slade, and the Westport Point Neighborhood Association.
8. Application for Certificate of Non-Applicability for 1865 Main Road. SC reported that the Building Inspector had referred the contractor for work on this property to WHC to obtain the necessary certificate before the Building Inspector could act on the building permit. SC advised the applicant to apply for a Certificate of Non-Applicability because the work is replacing the roof shingles, like for like (red cedar). JL moved and JJ seconded a motion to grant a Certificate of Non-Applicability for reshingling the roof, like for like. The vote in favor was unanimous.
9. JL informed that there is another similar situation on Drift Road, where work is being done without WHC certificate and apparently without a building permit. The meeting advised her to inform the Building Inspector.
10. Oscar Palmer Farm. SC informed the meeting that she had received from the Westport Land Trust the proposed Historic Preservation and Conservation Restrictions for this property. JL advised that this is not the final version of the Historic Preservation Restriction, due to the need to correct wording provided by Town Counsel that was introduced after WHC’s subcommittee had reviewed the documents.
11. Awnings. DL requested clarification whether the installation of a retractable awning required WHC review. After some discussion, it was decided that this would require an application for a Certificate of Appropriateness.
12. Fundraising Betty Slade informed that the Westport Point Neighborhood Association (WPTNA) held a special meeting to discuss possible funding support to the WHC Trust to defray some of the extra-ordinary costs facing the WHC. The WPTNA agreed to provide some funds from its own reserves, and approved informing the WPTNA membership about the matters facing the WHC. Betty Slade also consulted with the State Ethics Office about possible conflict of interest, if someone who owns property in the Westport Point Local Historic District also contributes to the WHC Trust. The State Ethics Office informed that it would not be a conflict of interest to do so, but to avoid any possible “appearance” of conflict of interest, the WHC Chair should file a Disclosure (see 4 above) when anyone who contributes to WHC Trust also comes before WHC for a Certificate. The names of the donors will not be disclosed to WHC members, but be known only to WHC Chair and WHC Treasurer.
13. Betty Slade informed that 25 people have made contributions so far, for a total of $4,750. Much of the money came from WPTNA members who are not residents of the historic district.
14. SC thanked Betty Slade for organizing this outreach and thanked the donors for the support of WHC work.
B. Public Hearing for 1875 Main Road for a Certificate of Appropriateness,
7:30 pm
2. Architect Kit Wise, presenting for the applicants, first read to the Commission from MGL Ch.40c:7. He emphasized that the Commission was mandated to base its decisions on ‘congruity’ with the whole district as opposed to ‘appropriateness’ based on personal taste. He went over the plans for a ‘small addition to a small outbuilding’ measuring 23’ long x 13’ wide x 17’ high consisting of a link section and a 2 story tower section. The tower would be 4’ higher than the peak of the existing building. Windows in front (east) of existing building would be replaced with operable double hung wooden TDL windows of the same configuration, remaining windows on the existing building would be restored. Windows on the addition would have wooden frames and be aluminum clad, double glazed sash with simulated divided lights. New trim on addition would be of a composite material.
3. After this initial presentation SC opened discussion of the proposal by Commission members. CV expressed concern over the mass of the addition overpowering the existing structure and noted that the building is highly visible from a public way. GM asked the applicants and their representatives if they had read the Guidelines for the Westport Historic District. They replied that they had. GM then read sections from the WHC guidelines specifically stating that “Additions to the existing footprint should be designed so that the existing building is not rendered subordinate to the addition…”; “Replacement windows in an existing building or new windows in new construction or in additions should be double-hung with “true” divided lights… Material shall be painted wood. New and replacement windows shall not be vinyl or metal clad. Simulated divided light (SDL) and/or metal clad windows may be considered if not discernable from a public way.”; and “Synthetic materials such as vinyl, plastic, or aluminum siding are not appropriate.”
4. Ms. Beck read from portions of MGL Ch.40c:7 and stated that the WHC cannot deny them unless the project is incongruous with the rest of the historic district and that they were willing to go to court on this. She further stated that the Commission was saying that they “could not have any addition.”
5. JC spoke to the challenge of adding an addition to such a small structure (as opposed to additions to larger structures) which would not overwhelm, but be subordinate to the existing building. He also pointed out the high visibility of the location of the two stacked offices.
6. Kit Wise submitted 6-7 photos of houses in the historic district with additions approved by the WHC that were larger than the primary structures. GM stated that in the past the Commission had sometimes been pressured into making the unfortunate decisions that these photos showed. Those mistakes came back to them in hearings such as this and she, for one, was no longer willing to add to the list.
7. Mr. Pardee stated that he felt that they had already made many concessions to the WHC on this project, including the ‘link’ which he felt was not necessary.
8. Discussion was opened up to the audience. John Miller, district resident and abutter, stated that he had not objection to the addition as presented. Betty Slade read excerpts from minutes of the WHC 10.4.10 hearing where the applicants were told that a second story addition to this building was not appropriate but that some addition to the building was possible.
9. After there was no further discussion SC called for a motion. GM made the motion that the application be approved as submitted. WG seconded the motion. The vote was 0 yes, 5 no (with SC, GM, WG, JC, and JJ voting).
10. A second motion was asked for by SC. GM made the motion to deny the application on grounds that the proposed addition overpowered the original structure and is incongruous and inappropriate to it and to the historic district. WG seconded the motion. The vote was 0 yes, 5 no (with SC, GM, WG, JC, and JJ voting).
11. SC then read from MGL Ch.40c:10 lines 30-38 which states that if an application is denied the Commission must consider approving a Certificate of Hardship. A motion was called for and GM made the motion to deny granting a Certificate of Hardship for the project as presented. WG seconded the motion. The vote was 0 yes, 5 no (with SC, GM, WG, JC, and JJ voting).
A. General Business, continued.
15. Definition of Abutters to be Notified of a WHC Public Hearing. WHC Rules and Regulations currently require WHC to notify by mail all those within 300 feet of a property, which is the subject of a public hearing (called abutters). Betty Slade advised that this is cumbersome and expensive, citing as an example, arrangements for the just-concluded public hearing that required sending letters to 27 property owners. Only three of the notified abutters attended the public hearing (which includes the two WHC members, who recused themselves from the table and sat in the general audience).
16. The meeting noted that there are several other ways in which information about public hearings is made available to property owners in the local historic district and the general public. These include WHC website, WHC references in Town website, postings at Town Hall and postings at the Westport Point Post Office. JL and Betty Slade are also compiling email addresses for owners of properties in the local historic district
17. The consensus was to send notifications by mail only to those who are immediate abutters and across the street, and to use email where possible for others in the local historic district. It was agreed to hold a public hearing at the February WHC meeting to discuss this change in Rules and Regulations.
18. JL noted that a change to the definition of abutter to be notified would not affect the need for WHC officials to be seen to be “disinterested” parties when voting on applications. The reason that the State Ethics Office had advised her to recuse herself from sitting as a voting member or secretary for the just-concluded public hearing was not because she fell within WHC’s definition of abutters to be notified. They advised her to recuse herself because she is an abutter to an immediate abutter to the property in question and there could be concerns about a possible financial interest in the outcome of the hearing.
19. Handy House. SC reminded that the December 7 Special Town Meeting will decide on CPC funding for the purchase of the Handy House by the Westport Historical Society. WHC should begin thinking through how it would handle its duties under the Preservation Restriction placed on the Property by Mrs. Eleanor Tripp. If the property is to be opened to the public, and no longer be a private residence, the types of issues/considerations WHC will have to weigh will change significantly – e.g. ADA requirements, public safety, etc. It was the sense of the meeting to wait until after Town Meeting.
20. Workshop for Applicants for Oscar Palmer Farm. WHC will conduct a workshop for those who are considering applying for the Oscar Palmer farm on January 3, 2011. This will take place during the first hour of the regular WHC meeting. CPC and the Building Inspector will be invited to attend, given CPC’s potential funding of some of the historic preservation work on the farm buildings and the exceptions allowed under Massachusetts buildings codes for properties eligible for listing on the National Historic Register. The subcommittee (GM, JJ, Anne (Pete) Baker, and JL) will meet to arrange a suitable agenda and materials.
Adjournment
The meeting adjourned at 9:35 pm. The next meeting will be December 27, 2010, when WHC convenes simultaneously to participate in the BOS public hearing on 1813-1815 Main Road. The next regular meeting will be January 3, 2011.
part B prepared by GM, other parts prepared by JL; approved January 3, 2011
Attachments:
1: Treasurer’s Report as of 11/1/10
2. Form for Disclosure of Appearance of Conflict of Interest
3. Town Counsel communications with Mr. J. Furtado
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