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HomeMy WebLinkAbout2021-11-22 Historic District Commission Minutes� OrR Town of Reading _ I v L u Meeting Minutes ERK A. °j,,,xconerR" L (sl- Board - Committee - Commission - Council: 2L24 r,,,,. ' L Historic District Commission Date: 2021-11-22 Time: 7:00 PM Building: Location: Remote Meeting - Zoom Address: Session: Executive Session Purpose: Joint Meeting with RHC Version: Final Attendees: HDC Members: Pino D'Orazio, Chair (also on RHC); Amelia Devin -Freedman, Vice Chair (also on RHC); Virginia Adams (also on RHC); Everett Blodgett; Carl Mittnight RHC Members: Samantha Couture (Chair); Jonathan Barnes; Sharlene Reynolds Santo; Christine Keller; Dan Moresco Members - Not Present: HDC: Greg Maganzini; Ilene Bornstein; Priscilla Poehler Others Present: Julie Mercier, Community Development Director; Ivria Fried and Ethan Dively of Miyares & Harrington (Town Counsel) Minutes Respectfully Submitted By: Julie Mercier Topics of Discussion: MEETING HELD REMOTELY VIA ZOOM 186 Summer Avenue (Criterion orooert 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; to invite Town Counsel Ivria Fried, Associate Town Counsel Ethan Dively, Julie Mercier, Community Development Director, and Associate Members of both Commissions, to attend the executive session; and to return to open session for further discussion or adjournment of the meeting. Mr. Blodgett seconded the motion. Motion passed 5-0-0 by roll call vote. Ms. Couture made the same motion for the RHC. Mr. Barnes seconded the motion. Motion passed 5-0-0 by roll call vote. Ms. Mercier put the public attendees into a Waiting Room. All members stated the following: "no one can overhear me." Ms. Fried mentioned the letter from a representative of the property owner, indicating that the RHC and HDC only have the right to access the property once per year, and not go into 1 61� Town of Reading Meeting Minutes any structures, and that it denied the Commissions' request to enter the property. The representative went further, indicating that staff and/or consultants are also not allowed on the property with the Commissions. Mr. Dively reiterated the property owner's opinion that the PRA does not give the RHC and HDC the right to be on the property. Mr. Dively stated that Town Counsel disagrees with this opinion, and that the PRA allows access "from time to time with reasonable notice" and in order to determine that the property is being maintained per the PRA. He said that the PRA does not govern interior modifications unless they adversely affect the structural integrity of the exterior, but it is in the interest of the RHC and HDC that changes to the interior do not impact the exterior and its features. He said that maintenance of the interior structural integrity of the premises is paramount to the PRA. He noted that the PRA contains prohibitions, such as demolition, which can only be as a result of a calamitous situation. He noted that Town Counsel is comfortable that both Commissions are entitled to interior access to determine that the structure is being maintained in its entirety. Ms. Fried noted that the property owner argues that the RHC and HDC are not allowed to bring anyone else on site with them. Ms. Fried said she does not agree that access is limited to just public body members, and that it is reasonable for access to include any RHC or HDC agents, which could include staff, a structural engineer, etc. In addition, if an enforcement action is unsuccessful, then the Town has to pay the owner's legal fees. This means the Commissions need to be cautious and comfortable before moving forward with litigation. Mr. Barnes chimed in noting certain language within the PRA that supports the opinions expressed by Town Counsel, that the RHC and HDC has every right to utilize consultants and to access the property. Ms. Couture asked whether the owner can deny access to the Interior because no changes have been made to the Interior, which could be a way for them to get out of or get around the strict language of the PRA. Ms. Fried suggested the RHC and HDC focus on the access issue and their right to access the attic and basement as well as other parts of the interior. Mr. Barnes noted that the term "alterations" is also used, in addition to "changes' - he said he interprets "changes" to mean any change to the condition of the interior or exterior - not just alterations that the owner seeks to make. A change could Include degradation to the interior or exterior, which harm the structural integrity. Mr. Blodgett noted that when he looks at the exterior and notices shingles missing, rotting trim, etc., and whether visible exterior damage is already doing damage to the interior, and is an invitation to question whether there are changes happening inside. Ms. Adams asked if everyone could have the letter from the owner's representative, Mr. DeNucci. Ms. Fried suggested that the RHC and HDC could respond to the letter and ask for access, which would be an important first step on the path to litigation. Ms. Fried noted that the Town Manager prefers that attempts be made first, before litigation is pursued, and that he has authorized funds for Town Counsel to work with RHC and HDC on this matter. O� Fq� Town of Reading M..�.y Meeting Minutes IX[OPF Mr. Barnes agreed that a letter is the right first step but noted that the owner has been extremely difficult for years. He commented that the property is an icon in the community and has been sitting vacant for over 5 years. He opined that the owner's behavior has been outrageous, and that both Commissions have made numerous inquiries to the owner and his team. The owner has refused to respond. Mr. Barnes has in the past suggested a letter would be good, and now thinks it needs to be sent as quickly as possible since it appears the owner is going to drag this out forever. Ms. Fried clarified that the letter would come from Town Counsel on behalf of both Commissions, which could potentially get things moving more quickly or get them to the table for a discussion. She said a court judge will ask for communication with the property owner, so It's important to clear that hurdle and have that narrative to argue. Mr. D'Orazio asked for a sense of what the filing would be when they get there. Ms. Fried stated that it would be an Injunctive relief in Superior Court. Mr. Dively said they could discuss whether they would get an opinion more quickly out of a lower District Court. He agreed it would be a short complaint stating the facts and asking for a hearing date as quickly as possible to get injunctive relief. Ms. Fried asked whether the RHC and HDC has sufficient information to make a finding that the property hasn't been maintained under the PRA. She noted that it's a separate Executive Session matter, but the idea that they could bring suit under the maintenance provision if needed in a later meeting. Mr. Barnes noted that the RHC has engaged a structural engineering firm for a'/3 day inspection and a report, with the goal of information under the maintenance provision. He noted that the structural engineer came to the site inspection in October. Mr. Barnes also noted that there were a lot of photos of the exterior showing the degradation of the exterior of the building. He asked whether they should ask the consultant to provide an interim report, if it's helpful to the process. Ms. Fried said that based on her prior conversations, she believes there may be sufficient evidence already, and would justify them to explore the property more, and they would want to use a consultant's time wisely. Ms. Couture agreed that a letter should be sent first, with a fair but not too lengthy timeframe to respond, considering time for the structural engineer to prepare a report. Ms. Couture asked whether the Commissions would need to vote on sending the letter. Ms. Fried outlined two options: (1) she could draft the letter working with one member from each of RHC and HDC, or (2) she could bring a letter back to both public bodies in another Executive Session. She said that option 1 would probably be sufficient, with an outside date that they all want access to the property by. Mr. Blodgett suggested they might ask or give multiple dates so that it is not too easy for the owner to have too many reasons or excuses to back out. Ms. Couture asked the RHC members If they are ok authorizing her to work with Town Counsel on the letter. They all were. Mr. D'Orazio asked the same of the HDC. They were all ok with it. Ms. Fried outlined a motion for them to use to authorize her to work with certain members and write a letter. Ms. Fried suggested the person authorized should be on both Commissions, to avoid creating a subcommittee, which would have to be posted. Mr. D'Orazio noted that Ms. Devin Freedman is a full member of both Commissions. � OFq Town of Reading IFQ Meeting Minutes i.� The members discussed a reasonable date by which to gain access, agreeing that January seems reasonable. Mr. Barnes asked if the letter could include that the Commissions and their agents be allowed. Ms. Couture suggested that just 1 member of each Commission, plus the structural engineer, go to the site visit, if scheduled. Mr. Barnes asked for a drop -dead date by which they need to get back to Town Counsel, in addition to a drop -dead date for an inspection. Ms. Couture reminded everyone that they also want access to the barn. Mr. Barnes reminded everyone that Mr. Fernandez, attorney for the owner, would not let them Into certain parts of the house because as Mr. Fernandez said, "they are not safe." Mr. D'Orazio said the letter would specify basement, attic, and interior of the barn. Ms. Fried advised it to be for all of the structures, including the basement, attic, and barn. She said they are simply asserting their rights under the PRA. Mr. Blodgett commented that the basement of the barn will be problematic, as the north wall is already compromised. Mr. D'Orazio moved to authorize Town Counsel to send a letter to Criterion to assert rights to access to all structures at 186 Summer Avenue, to Include structural engineers, by the end of January 2022. Mr. Mittnight seconded the motion. The HDC voted 5-0-0 by roll call. The RHC voted 5-0-0 by roll call. Motion passed. Mr. Barnes noted that a few members from the public were interested in this, and if they call the members, what can or cannot be said to them. Ms. Fried noted that everything said during Executive Session is privileged and not to be released. She advised them not to discuss anything until the letter goes out; the letter will be a public record once it's released. Mr. D'Orazio asked for a reminder about what can or cannot be commented on during Open Session. Ms. Fried asked that they do not refer to letters from Town Counsel. Ms. Couture made a motion to return to Open Session. Ms. Devin Freedman seconded the motion. The RHC voted 5-0-0 by roll call. HDC voted 5-0-0 by roll call. Domments Used at the Meeting: Letter from Alexander DeNued to RHC and HDC Chairs, dated Nov. r8, zozi.