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HomeMy WebLinkAbout2022-02-28 Historic District Commission MinutesN Of � Town of Reading ' - I V L'v i Meeting Minutes if 4NaCLERK r - 4 NIA. Boardc- Committee - commission - Council: 2024 MAR 12 AMI 4 Historic District Commission Date: 2022-02-28 Time: 7:00 PM Building: Location: Remote Meeting - Zoom Address: Session: Executive Session Purpose: Joint Meeting with RHC Version: Final Attendees: HDC Members: Everett Blodgett; Ilene Bornstein Virginia Adams - elevated to voting member (also on RHC); Pino D'Orazio (Chair; also on RHC); Amelia Devin -Freedman (Vice Chair of HDC; also on RHC) RHC Members: Jonathan Barnes (Acting Chair); Sharlene Reynolds Santo; Christine Keller; Dan Moresco Members - Not Present: HDC: Priscilla Poehler, Carl Mittnight RHC: Samantha Couture (Chair) Others Present: Jean Cellos, Public Services (Assistant Town Manager); Ivria Fried of Miyares & Harrington (Town Counsel); Chris Haley (Select Board Liaison) Minutes Respectfully Submitted By: lean Delios Topics of Discussion: MEETING HELD REMOTELY VIA ZOOM 186 Summer Avenue (Criterion property) Executive Session Mr. D'Orazio made the following motion for the HDC: Move, to enter executive session under purpose 3 to discuss demonstrably likely litigation relative to obtaining access to 186-190 Summer Avenue, where discussion in an open meeting would have a detrimental effect on the litigating positions of the RHC and HDC, as declared by their respective chairs; and under purpose 7 to review executive session minutes; and to invite Town Counsel Ivria Fried, Jean Delios, Public Services (Assistant Town Manager), and Chris Haley, Select Board Liaison as well as Associate Members of both Commissions, to attend the executive session; and to not return to open session. Mr. Blodgett seconded the motion. Motion passed 5-0-0 by roll call vote. Mr. Barnes made the same motion for the RHC. Ms. Reynolds seconded the motion. Motion passed 5-0-0 by roll call vote. There were no public attendees. e�F re Town of Reading s Meeting Minutes 1T D'IMCOP All members stated the following: "no one can overhear me." Ms. Fried provided an overview of the schedule in place for meeting with representatives from 186-190 Summer Ave. A date has been held, pending acceptance by the Commissions. The Town Manager is very interested in attending the meeting as well. Mr. Barnes asked if anyone knows where we are in terms of obtaining the authorization allowing Town Counsel to file for litigation. Ms. Fried indicated that there is not authorization to file for litigation; she notes that the meeting was discussed with Mr. Maltez, and he supports a meeting followed by further action. Mr. Barnes continued by stating that he spoke with Ms. Herrick about the Lafayette marker at the Latham and Latham building and received a follow-up phone call from Ms. Herrick where she stated that she spoke with Mr. Maltez about this matter. Mr. Maltez contacted Mr. Barnes and followed up. Subsequent follow-up between Ms. Herrick and Mr. Maltez indicated that there was interest in the request. Mr. Haley indicated that he would bring this forward to the Select Board and was confident that things would be resolved. Ms. Fried noted that if the meeting is held on 3/8 then an Executive Session meeting after that with HDC/RHC and the Select Board might be a good idea. The goal would be to have this sooner rather than later. Mr. Haley notes the SB meets on 3/22/22. Mr. Barnes requested clarification that the SB authorizes litigation on behalf of the Town (Ms. Fried clarified that this is the procedure). Ms. Fried continued to discuss how costly the litigation would be and how there are a lot of unknows with litigation, but that having a discussion first would be a good idea to find out more about what the property owner is planning to do with the property. Mr. Barnes would like 2 tracks, approval of the litigation path and continue with the scheduled meeting with the property owner. The RHC meets on the 16'^ and maybe leave the agenda item on the SB for March 22nd (subject to change if things progress). Mr. Barnes asked if the joint meeting of the 3 boards could be arranged sooner than on the 22nd. Ms. Adams noted that she didn't agree with Mr. Barnes' approach to move rapidly and that this has been an on-going matter. Ms. Bornstein asked if the property has been Insured. Ms. Fried noted that the question has been asked but there hasn't been a response. This places them in violation of the preservation agreement (by not providing documentation of the insurance) even if they are insured. Ms. Bornstein also commented about the information on the CPDC website and a provision for being able to inspect the site. Ms. Fried clarified that the inspection provisions per the CPDC approval are triggered when construction commences. Mr. Barnes noted that the PRA has been recorded and is in effect even though it may not be listed on the CPDC website. A Zoom meeting is planned for March V at 1:00 p.m. over with the Criterion representatives and Ms. Fried will at her discretion invite others to attend. Mr. Barnes offered to hear any comments from members on the meeting and there was positive feedback and the RHC is agreeable to the meeting on March 8t^. In response to Ms. Adams comments on timing - Mr. Barnes expressed concern about the condition of the property worsening and that for 8 years Criterion's position has been to delay, defer, and deny which adds to his concern and desire to move this along. Ms. Bornstein noted the photos on file on the website (CPDC) and compared to the appearance of the property today is a stark contrast. Ms. Fried noted that the PRA includes baseline documents that she can review. Mr. Barnes noted that the RHC has photos in their files taken by members. Mr. Barnes commented that Criterion's initial proposal was to demolish the structure that included an engineer's report (back in 2014) that was a dire Town of Reading a= Meeting Minutes report on the status of the building. This could be provided to Ms. Fried. Ms. Bornstein noted the cost of the project $1,564,480 in 2015 may have an impact on the status. Mr. Barnes noted that the property was purchased for roughly $800,000. Roof and Pergola were mainly the repairs made, per a recent letter. Total investment was over $2 million including the purchase price. The cost of construction is likely a factor in what is unfolding. Ms. Bornstein emphasized her desire to have everyone review the file on the CPDC website. Ms. Adams requested clarification from Town Counsel on how the March 8'h meeting will be run. Ms. Fried's advice was to have a few members of HDC/RHC (not a quorum) join her and a few members of Town Staff. The consultant planned to review the property would be a key ask. Access to the property and compliance with PRA are the main goals. It will be important to learn as much as we can about the property and the plans going forward including if they plan to sell. A pre -meeting with the group can be arranged. Documentation will likely be discussed, Mr. Blodgett requests that the team ask for insurance information. Ms. Fried indicated that Criterion may want documentation as well. Mr. Barnes notes that in the letter from Criterion's attorney they indicate that they may want changes to the PRA and expressed his concern. Ms. Fried doesn't think that this is going to be pursued at the next meeting but will hear them out if they want to ask questions about it. Mr. Haley asked Ms. Fried about a "what if' scenario where they indicate they will sell - but ultimately could be using that be a delay tactic? Ms. Fried stated that they are required to comply with the PRA and if there is interest in the Town acquiring the property that might put things on track. What things would trigger a strong signal that the property is for sale Mr. Haley asked. Ms. Fried outlined key steps we would ask for proof of to be assured that the property was being put on the market. If the Town isn't interested in purchasing the property, we would be back at the same conversation we are having today. Mr. Haley asked if the Town is exempt from the requirements of the PRA, Ms. Fried indicated it would be hard from a policy perspective. Mr. Barnes emphasized that the enforcement of the PRA is separate from any possible sale. Any inspections could raise problems related to a possible sale of the property and could make arranging the inspection problematic. The topic of the Town purchasing the land was raised and Ms. Fried indicated that this didn't need to be decided now but could be part of a conversation later. Mr. Barnes noted that the request to have repairs made by March 10th had not been met based on his observation of the site from the street and wondered if this should be added to the agenda for March 80. Ms. Bornstein asked about the mortgage and whether that is a factor if they refinanced? Mr. Barnes asked Ms. Fried for her opinion on the next step. Ms. Fried recommended a vote by HDC/RHC to support the meeting planned for March 8th. Motion by Mr. Barnes to authorize Town Counsel to proceed with a meeting on March 8th with Criterion and their Attorney. Seconded by Ms. Reynolds Santo. RHC voted in favor via roll call vote 5-0-0. Motion by Mr. D'Orazio to authorize Town Counsel to proceed with a meeting on March 8th with Criterion and their Attorney. Seconded by Mr. Blodgett. HDC voted in favor via roll call vote 5-0-0. � OrR 0 Town of Reading Meeting Minutes 9'I.KOPPP' Executive Session Minutes of 2/3/22 Ms. Reynolds Santo made a motion to approve minutes as amended. Mr. Barnes seconded for RHC and the RHC voted 5-0-0 in favor via roll call. Mr. D'Orazio made a motion to approve minutes as amended. Ms. Adams seconded for HDC and the HDC voted 5-0-0 in favor via roll call. A question was raised as to when the Executive Session minutes become a public record and Ms. Fried indicated that when the matter is fully resolved the minutes would be released. Mr. Blodgett asked if the State can be involved in this and Ms. Fried indicated not really. Further discussion continued about the rights of the HDC/RHC being vested in the PRA in perpetuity. Additional discussion followed related to the Certificate and various timeframes that triggered the need for the property owner to return for approvals. Ms. Fried indicated that Criterion has until September of 2022 when the Certificate expires. Meetina A RHC: Mr. Barnes made a motion to adjourn. Ms. Reynolds Santo seconded the motion. The RHC voted 5-0-0 by roll call HDC: Mr. D'Orazio made a motion to adjourn. Mr. Blodgett seconded the motion. HDC voted 5-0- 0 by roll call. Documents Used at the Meeting: n/a