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HomeMy WebLinkAbout2021-05-13 Historic District Commission Minutes H rw Town of Reading IRECEIV€D Meeting Minutes TOWN CLERK READING, MA. Ja;IMO n� VV Board - Committee - Commission - Council: 2021 JUN 10 AM 8: 27 Historic District Commission Date: 2021-05-13 Time: 6:30 PM Building: Location: Remote Meeting - Zoom Address: Session: Purpose: Meeting Version: Attendees: Members: Pino D'Orazio, Chair; Amelia Devin-Freedman, Vice Chair; Everett Blodgett, Virginia Adams, Ilene Bornstein, Greg Maganzini, Carl Mittnight Members - Not Present: Others Present; Julie Mercier, Community Development Director, Tom Prendergast, Karen Callan Minutes Respectfully Submitted By: Julie Mercier Topics of Discussion: MEETING HELD REMOTELY VIA ZOOM Chair D'Orazio called to order at 6:30PM. 186 Summer Avenue - Ongoing Discussion Mr. D'Orazio mentioned that RHC discussed the property last night. Ms. Mercier noted that Town Counsel clarified that the June 6"' deadline for the Certificate of Appropriateness was suspended by the State of Emergency, and that her understanding was that the deadline is now 60 days after the State of Emergency is lifted. [This was later corrected by Town Counsel, see 6/9/21 HDC minutes.] Ms. Devin Freedman noted that her letter to Criterion, which focuses on the deadline, is no longer relevant at this point. Mr. D'Orazio wants to know what can be done under the PRA. He doesn't feel that writing letters to them has been working, and would be interested to know If the Town would be willing to file an injunction or take legal action. Ms. Adams noted that she wants to think about the impact of anything they do. Ms. Devin Freedman inquired about what the HDC's burden of proof is, and what would be needed to demonstrate that Criterion is not upholding their end of the Agreement. She noted that pictures were attached to the Agreement. She asked if Town Counsel could weigh in on who has to do the heavy lifting. Ms. Mercier asked for clarification about a comment made that the HDC does not have the authority to decide to file an injunction. Mr. D'Orazio clarified that he does not feel they can decide if the Town enters a legal battle. Ms. Devin Freedman noted that the HDC does not have the authority to contact Town Counsel directly. 1 � OrH Town of Reading FMeeting Minutes Ms. Bornstein stated that she would like to let Criterion know that the HDC has not forgotten this property and is still very Interested in having them uphold their end of the Agreement. Ms. Adams asked the Commission to focus on the fact that the Certificate of Appropriateness is going to expire soon. Ms. Devin Freedman opined that she would like to do something more immediate. Ms. Mercier suggested a joint letter could be issued by both Commissions, that could be reviewed by Town Counsel, and that explains their rights under the Certificate and under the Preservation Restriction Agreement. That would be one approach to see if the property owner is willing to come to the table. Mr. Blodgett went through earlier approaches and involvement by the Building Commissioner and Town Counsel. Mr. D'Orazlo liked the idea of sending a letter reviewed by Town Counsel. Mr. Blodgett mentioned that the Dover Amendment is a state law that should govern the property in some way, and inquired as to whether they are in violation of the Dover Amendment. Mr. Blodgett asked if Town Counsel can look into this. Ms. Bornstein inquired if Criterion is currently getting money from the State apportioned in some way to 186 Summer Avenue. Mr. D'Orazio noted that the Dover Amendment allows them to act in a tax-exempt manner, but that they are paying taxes. Other than that, he's not aware of other provisions. Ms. Adams asked Ms. Devin Freedman and Mr. D'Orazlo to work on a joint letter with the Historical Commission. Ms. Devin Freedman asked If anyone has the pictures that were attached to the PRA, in color. In theory, the building today can be compared to the pictures and then a list of things that have not been maintained can be put together during a site visit. The pictures may have been provided by the applicant, or may be in the hands of the RHC. Mr. D'Orazio read the 3 questions that Ms. Devin Freedman sent to Ms. Mercier to send to Town Counsel re: the lune 6'h deadline, the HDC's obligations regarding the Certificate, and options to enforce the PRA. Mr. D'Orazlo mentioned that the 4'h question is about the Dover Amendment as Mr. Blodgett has asked. Mr. D'Orazio reviewed the PRA and noted that the pictures were referred to as"Existing Conditions, May 2017" - Exhibit D. He opined that perhaps someone on the RHC would have the originals. The Commission agreed to wait for more guidance from Town Counsel before setting up another meeting to discuss this topic. 187 West Street - Public Hearino Tom Prendergast was present on behalf of the application. Mr. D'Orazio went over the zoom protocols and gave a brief outline of the public hearing structure. 2 Town of Reading Meeting Minutes Mr. D'Orazio read the legal notice. Mr. D'Orazio explained the purpose of the Historic District Commission. The members of the Commission introduced themselves. Karen and Bob Callan, 179 West Street, introduced themselves. Tom Prendergast, 187 West Street, introduced himself. Mr. Prendergast explained that the awning will be 18' wide and will be motorized, projecting 11.5'when extended. He stated that his house is 101 years old. Ms. Adams asked if the application was modified to show that the Commission is only discussing the awning. Mr. D'Orazio noted that the motion and legal notice were only for the awning, so he believes it's clear the discussion is only for the awning. Bob Callan, 179 West Street, noted that he is not offended by the awning, especially since it will be rolled up most of the time. He noted that if open, a strong wind can destroy it, so most people keep them rolled up. He described his experience with an awning on his motor home. Mr. Maganzini noted that he lives across the street and has no problem with the awning, since it is pretty hard to see back there. He commented that he would be ok with the TV. Ms. Devin Freedman noted that the Commission voted against the TV at the last meeting. Mr. Blodgett urged Mr. Prendergast to talk to his contractor again about the drain pipe and need to divert it. He said that the drainage could end up being a problem for them. He noted that historically awnings on homes covered windows, and on the south side. While this is over a door, it is on the south side. He said that awnings were more common on businesses at the turn of the century. While he doesn't necessarily like it, he doesn't dislike It either. Mr. D'Orazio made a motion to close the public hearing for the awning at 187 West Street. The motion was seconded by Mr. Maganzini. ADF, EV, IB, PO, and GM in favor of closing the public hearing. Mr. D'Orazio made a motion for the Commission to issue a Certificate of Appropriateness for the awning at 187 West Street. The motion was seconded by Mr. Maganzini. ADF, GM, EV, IB & PO in favor. VOTE on Awning: 5-0-0 Ms. Devin Freedman asked if there should be any conditions, requirements, or recommendations in the Certificate. Mr. Blodgett suggested that they specify the dimensions and allow for less. Mr. Prendergast asked for clarification of the process with the Certificate and Building Permit. New Business Mr. D'Orazio noted that there are no new applications pending. Ms. Adams mentioned the treatment of new technologies, such as mini-splits, and the importance to figure out how to address them before they start being proposed In the District. Mr. Blodgett wondered how these things would fall under the guidelines, which do mention energy conservation measures. 3 Town of Reading Meeting Minutes siMa Mr. D'Orazio asked if people prefer earlier start times. Ms. Adams said over zoom earlier works, but otherwise 7:00 is better. Mr. Mittnight prefers 7:00. Minutes No minutes were reviewed. Adiournment Ms. Devin Freedman made a motion to adjourn the meeting at 7:57 PM. The motion was seconded by Mr. Maganzini and approved with a 5-0-0 vote. Documents Reviewed at the Meeting: o 167 West Street Application 0 186 Summer Avenue Preservation Restriction Agreement 4