WHC Minutes September 8, 2008
Present
Member: Arlene Cloutier, Sharon Connors, Norma Judson, Jane Loos, Geraldine Millham, Dora Millikin
Alternate: Anne (Pete) Baker, Bette DeVeuve
Absent
Member: Jim Collins
Alternate: Tim Bryant
1. The meeting was called to order at 7:00 pm by Chair Sharon Connors (SC)). SC named Bette DeVeuve (BDV) to act as a voting member in place of the absent member. She also noted that during the public hearing for 2028 Main Road, she will recuse herself because she is an abutter; SC explained that, for that part of the agenda, Geraldine Milham (GM) would assume the chair. Others present included:
Martin Kelly 2023 Main Road, WPT
Dick Magovern 2038 Main Road. WPT
Lisa Mead for 2028 Main Road, WPT
Tim Sawyer for 2028 Main Road, WPT
Peter Streng 1818 Main Road, WPT
Betty Slade 2037 Main Road, WPT
A. General Business.
1. Minutes. Jane Loos (JL) explained several small corrections to the draft minutes of the August 4, 2008 meeting, as circulated. GM also suggested clarifications in the description of issues in para 9 of General Business. GM moved and Arlene Cloutier (AC) seconded a motion to approve the draft minutes as revised during the meeting. The vote in favor was unanimous.
2. Treasurer’s Report. Dora Millikin (DM) presented the September Treasurer’s report (Attachment 1). The balance in the FY09 General Fund is $940; here is no hearing income to date. The FY09 Town Farm expense budget remains at $2,816. Trust Account balances as of June 30, 2008 are as follows:
Historical Commission Trust Account $ 6,910
Town Farm Trust $12,465
Wolf Pit School Trust $ 6,205
JL moved and AC seconded a motion to approve the Treasurer’s report. The vote in favor was unanimous.
3. Special Meeting. Given the heavy agendas, SC noted that she plans to call an additional meeting on September 22, 2008 to deal with applications concerning Lees Wharf and further changes to certificates already granted for 1953 Main Road. SC requested members to confirm to her by email if they will be able to attend, so that she can be assured of a quorum. SC also suggested that members/alternates visit 1953 to view the sample colors painted in situ, so that they are prepared to take a position on the proposed color changes.
5. Mail. SC read to the meeting the following correspondence :
(a) WHC letter to Board of Assessors concerning how to designate historic district houses (Attachment 2).
(b) Invitation from DCR to a seminar on historic landscapes, September 24, 2008.
(c) Notice from the Trust for Public Land, which discusses how to preserve landscapes, farms, etc., all of which are important to the Town and WHC.
6. Status Reports.
(a) 1813-1815 Main Road. SC noted that the Building Inspector had sent yet another notification to the owners that the protection measures that they put in place are not adequate to fulfill the court injunction requirements. Town Counsel has filed a second verified complaint for contempt of court, but the court has not set a date for this contempt hearing. The full case has been assigned a court date of October 28, 2008.
Betty Slade (BS) explained that she received and responded to a subpoena from the Furtado’s lawyer, which requested that she be available for a deposition and hand over documents/materials in her personal possession. She complied with the request for documents/materials, explaining that these were the same as the documents which SC had already assembled for the Furtados, but which were never picked up. BS also provided copies of meeting DVDs that were prepared by the Town’s cable office for a cost of $5 per meeting. BS noted that she did not have in her possession DVDs for all the meetings at which this property was discussed, because she had not attended them all. BS noted that she had not been called for a deposition, yet, and explained that Town Counsel had indicated that s/he would also attend as an interested party if the deposition ever took place (note that Town Counsel is not representing BS in these matters).
(b) Sound System. AC summarized the technical/price information she has been assembling about sound systems to improve the ability of the audience to hear during meetings in the basement. After some discussion about possibilities to change meeting rooms, it was the sense of the meeting that there were no better alternatives.
B. Public Hearing 2028 Main Road, 7:30 PM
1. SC read the mandates of the WHC, to ensure that all understood the basis for WHC actions when conducting hearings on applications for certificates. SC then recused herself as an abutter and joined the audience. GM assumed the chair of the meeting, and invited representatives for Mr. David Kelly to present their requests. Lisa Mead, attorney for David Kelly, suggested that the meeting first take up the barn/boathouse, before moving on to the more complicated set of requests for the main house.
2. Barn/boathouse. Ms. Mead explained that since the previous meeting, a replacement people door had been installed at its original location; therefore the only topic still outstanding was the issue of corner boards. She explained that the building previously did not have corner boards, but rather shingles woven around the corners. She explained that the contractor changed this part of the design for ease of installation, and he and the owner did not consider it a substantial design change requiring WHC approval. She noted that there are many examples of corner boards on similar structures in the historic district.
3. GM clarified for the meeting that the determination about whether something is significant or not is a matter for WHC to decide, not the owner. Such questions should have been raised in advance with a monitor. GM named Anne (Pete) Baker (APB) as an additional voting member, to bring the total to 7 votes.
4. Norma Judson (NKJ) moved and APB seconded a motion to accept the 1 X 8 inch corner boards on the barn/boathouse. The motion passed.
Votes in Favor: 6 APB, AC, BDV, NKJ, JL, GM
Votes Against: 0
Abstain: 1 DM
5. House - Certificate of Non-Applicability for skylight. Ms. Mead explained that the original skylight had been omitted inadvertently from the drawings presented for WHC approval, and the owner had actually replicated the original skylight as part of the roof work. Tim Sawyer, designer, explained that the original skylight was in very poor condition and could not be saved, but the new skylight had been built to be an exact replica of the original.
6. BDV moved and JL seconded a motion to approve a Certificate of Non-Applicability for the replacement of the skylight – like for like. The motion passed.
Votes in Favor: 6 APB, AC, BDV, NKJ, JL, GM
Votes Against: 1 DM
Abstain: 0
7. House - Amendment #1 to the Certificate of Appropriateness – full height posts instead of newel posts on south porch. Mr. Sawyer explained that the approved plans had been altered in the field – changing from newel posts to full height posts so that the size of the carrying beam across the opening could be decreased. In response to questions, Mr. Sawyer confirmed that the originally-designed/approved span could be accomplished by adding a sister beam. During the discussion and review of before, during and after photos, it appeared that other aspects of the originally approved plans were also changed – e.g., dimensions/cladding? of the two full height posts, placement of the west post abutting the house wall (rather than kicked out from the wall) --- but the Kelly representatives were unable to clarify these matters.
8. JL moved that the proposed amendment be denied, meaning that the owner should redo the work to match the previously approved plans, including, inter alia., newel posts instead of full height beams, kicking out the west post away from the wall, and integral (as opposed to clad) posts. The motion passed.
Votes in favor: 5 APB, AC, BDV, NKJ, JL
Votes Against: 1 GM
Abstain: 1 DM
9. House - Amendment #2 to Certificate of Appropriateness – moving the north/west dormer east by 20+ inches. Ms. Mead explained that the location of the dormer had been shifted in consultation with the Building Inspector, in order to minimize the area of the roof, which would need to be rebuilt and still meet building codes. Mr. Sawyer explained that the rafters are unevenly spaced, and in making the shift of the dormer, he had moved it farther east than actually required by the rafter spans to line it up in the middle of the two windows below. Mr. Sawyer explained that the interior walls in that area of the second floor had already been dry walled in, making it impossible to see what other options there might have been for handling the dormer placement.
10. JL reminded the meeting that building codes have two basic approaches – a “generic” solution which, if presented, does not require further engineering certification, and any other solution which is certified by an engineer to meet the performance requirements of the building code, although the design differs from that of the “generic” solution. In this case, JL argued that the placement of windows, etc on the north façade was discussed extensively in the series of meeting before the Certificate was granted, including the relationship of the dormer to the two first floor windows. Simply because it may be easier and/or less costly is not sufficient reason to approve the changed dormer location, as it does compromise the nice rhythm of openings which WHC had sought to protect. it is up to the applicants to prove that the approved location cannot be accomplished in engineering terms to meet the performance criteria of the code.
11. JL moved and AC seconded a motion to deny this application for amendment #2. DM left the meeting. The motion did not pass.
Votes in Favor: 3 APB, AC, JL
Votes Against: 3 BDV, GM, NKJ
Abstain: 0
12. Ms. Mead requested that the public hearing about this part of their request be continued until the next regular WHC Meeting, October 6, 2008, 7:30 PM to allow the applicants time to consider alternatives. AC explained that the deadline to provide additional information was September 22, 2008 for consideration at an October 6 meeting. JL moved and APB seconded a motion to continue this part of the public hearing agenda until that time. The motion passed.
Votes in Favor: 5 APB, AC, BDV, JL, GM
Votes Against: 1 NKJ
Abstain 0
13. House - Amendment #3 to Certificate of Appropriateness – removal of second window on the north side of the addition. Mr. Sawyer explained that the window could not be built at the originally designed location because of the location of an interior stairwell. Therefore, they had decided not to build it at all. After some discussion about other options for its location, the applicant amended the proposed request for amendment and the drawings to install the second window at a revised location, drawings dated September 8, 2008.
14. BDV moved and AC seconded a motion to approve the requested (revised) amendment to install the second window as shown in the drawings dated September 8, 2008. The motion passed.
Votes in Favor: 5 APB, AC, BDV, JL, GM
Votes Against: 0
Abstain: 1 NKJ
A. General Business, continued
7. Location of WHC Sign on Main Road. SC resumed the chair. SC explained that she had received a letter of complaint that the location of the WHC sign on Main Road at the top of Hotel Hill Road is confusing, with some people interpreting the sign to mean the local historic district is down Cape Bial Road. SC noted that properties at the top of Cape Bial are in the local historic district, so that conclusion is not necessarily wrong.
8. 2048 Main Road. SC shared with the meeting a copy of the recommendation of the Conservation Commission agent concerning the raised septic system proposed for this location in the local historic district (Attachment 3).. BS informed that the ConCom had not taken the agent’s advice and had agreed to a raised septic mound partially in the buffer zone of the river. SC noted that this project would be coming at some time to WHC, as it involves raising the elevation of a shed by about 3.5 feet.
9. CPC Proposals. BS explained that two proposals are being prepared which fall under the historic preservation category, and will be presented for WHC’s views and endorsement. They include preservation of registry books, going back to 1787, which are still in use, and improvements to the historical record keeping at the public cemeteries and righting of slanted stones.
Adjournment. The meeting adjourned at 9:40 pm. The next meeting is September 22, 2008 at Town Hall, to be followed by the next regular meeting on October 6, 2008.
prepared by JL, revised October 3, 2008, approved October 6, 2008
Attachments:
1. September Treasurer’s Report
2. MHC letter to Assessors
3. Concom Agent Report on 2048 Main Road, September 7, 2008
Member: Arlene Cloutier, Sharon Connors, Norma Judson, Jane Loos, Geraldine Millham, Dora Millikin
Alternate: Anne (Pete) Baker, Bette DeVeuve
Absent
Member: Jim Collins
Alternate: Tim Bryant
1. The meeting was called to order at 7:00 pm by Chair Sharon Connors (SC)). SC named Bette DeVeuve (BDV) to act as a voting member in place of the absent member. She also noted that during the public hearing for 2028 Main Road, she will recuse herself because she is an abutter; SC explained that, for that part of the agenda, Geraldine Milham (GM) would assume the chair. Others present included:
Martin Kelly 2023 Main Road, WPT
Dick Magovern 2038 Main Road. WPT
Lisa Mead for 2028 Main Road, WPT
Tim Sawyer for 2028 Main Road, WPT
Peter Streng 1818 Main Road, WPT
Betty Slade 2037 Main Road, WPT
A. General Business.
1. Minutes. Jane Loos (JL) explained several small corrections to the draft minutes of the August 4, 2008 meeting, as circulated. GM also suggested clarifications in the description of issues in para 9 of General Business. GM moved and Arlene Cloutier (AC) seconded a motion to approve the draft minutes as revised during the meeting. The vote in favor was unanimous.
2. Treasurer’s Report. Dora Millikin (DM) presented the September Treasurer’s report (Attachment 1). The balance in the FY09 General Fund is $940; here is no hearing income to date. The FY09 Town Farm expense budget remains at $2,816. Trust Account balances as of June 30, 2008 are as follows:
Historical Commission Trust Account $ 6,910
Town Farm Trust $12,465
Wolf Pit School Trust $ 6,205
JL moved and AC seconded a motion to approve the Treasurer’s report. The vote in favor was unanimous.
3. Special Meeting. Given the heavy agendas, SC noted that she plans to call an additional meeting on September 22, 2008 to deal with applications concerning Lees Wharf and further changes to certificates already granted for 1953 Main Road. SC requested members to confirm to her by email if they will be able to attend, so that she can be assured of a quorum. SC also suggested that members/alternates visit 1953 to view the sample colors painted in situ, so that they are prepared to take a position on the proposed color changes.
5. Mail. SC read to the meeting the following correspondence :
(a) WHC letter to Board of Assessors concerning how to designate historic district houses (Attachment 2).
(b) Invitation from DCR to a seminar on historic landscapes, September 24, 2008.
(c) Notice from the Trust for Public Land, which discusses how to preserve landscapes, farms, etc., all of which are important to the Town and WHC.
6. Status Reports.
(a) 1813-1815 Main Road. SC noted that the Building Inspector had sent yet another notification to the owners that the protection measures that they put in place are not adequate to fulfill the court injunction requirements. Town Counsel has filed a second verified complaint for contempt of court, but the court has not set a date for this contempt hearing. The full case has been assigned a court date of October 28, 2008.
Betty Slade (BS) explained that she received and responded to a subpoena from the Furtado’s lawyer, which requested that she be available for a deposition and hand over documents/materials in her personal possession. She complied with the request for documents/materials, explaining that these were the same as the documents which SC had already assembled for the Furtados, but which were never picked up. BS also provided copies of meeting DVDs that were prepared by the Town’s cable office for a cost of $5 per meeting. BS noted that she did not have in her possession DVDs for all the meetings at which this property was discussed, because she had not attended them all. BS noted that she had not been called for a deposition, yet, and explained that Town Counsel had indicated that s/he would also attend as an interested party if the deposition ever took place (note that Town Counsel is not representing BS in these matters).
(b) Sound System. AC summarized the technical/price information she has been assembling about sound systems to improve the ability of the audience to hear during meetings in the basement. After some discussion about possibilities to change meeting rooms, it was the sense of the meeting that there were no better alternatives.
B. Public Hearing 2028 Main Road, 7:30 PM
1. SC read the mandates of the WHC, to ensure that all understood the basis for WHC actions when conducting hearings on applications for certificates. SC then recused herself as an abutter and joined the audience. GM assumed the chair of the meeting, and invited representatives for Mr. David Kelly to present their requests. Lisa Mead, attorney for David Kelly, suggested that the meeting first take up the barn/boathouse, before moving on to the more complicated set of requests for the main house.
2. Barn/boathouse. Ms. Mead explained that since the previous meeting, a replacement people door had been installed at its original location; therefore the only topic still outstanding was the issue of corner boards. She explained that the building previously did not have corner boards, but rather shingles woven around the corners. She explained that the contractor changed this part of the design for ease of installation, and he and the owner did not consider it a substantial design change requiring WHC approval. She noted that there are many examples of corner boards on similar structures in the historic district.
3. GM clarified for the meeting that the determination about whether something is significant or not is a matter for WHC to decide, not the owner. Such questions should have been raised in advance with a monitor. GM named Anne (Pete) Baker (APB) as an additional voting member, to bring the total to 7 votes.
4. Norma Judson (NKJ) moved and APB seconded a motion to accept the 1 X 8 inch corner boards on the barn/boathouse. The motion passed.
Votes in Favor: 6 APB, AC, BDV, NKJ, JL, GM
Votes Against: 0
Abstain: 1 DM
5. House - Certificate of Non-Applicability for skylight. Ms. Mead explained that the original skylight had been omitted inadvertently from the drawings presented for WHC approval, and the owner had actually replicated the original skylight as part of the roof work. Tim Sawyer, designer, explained that the original skylight was in very poor condition and could not be saved, but the new skylight had been built to be an exact replica of the original.
6. BDV moved and JL seconded a motion to approve a Certificate of Non-Applicability for the replacement of the skylight – like for like. The motion passed.
Votes in Favor: 6 APB, AC, BDV, NKJ, JL, GM
Votes Against: 1 DM
Abstain: 0
7. House - Amendment #1 to the Certificate of Appropriateness – full height posts instead of newel posts on south porch. Mr. Sawyer explained that the approved plans had been altered in the field – changing from newel posts to full height posts so that the size of the carrying beam across the opening could be decreased. In response to questions, Mr. Sawyer confirmed that the originally-designed/approved span could be accomplished by adding a sister beam. During the discussion and review of before, during and after photos, it appeared that other aspects of the originally approved plans were also changed – e.g., dimensions/cladding? of the two full height posts, placement of the west post abutting the house wall (rather than kicked out from the wall) --- but the Kelly representatives were unable to clarify these matters.
8. JL moved that the proposed amendment be denied, meaning that the owner should redo the work to match the previously approved plans, including, inter alia., newel posts instead of full height beams, kicking out the west post away from the wall, and integral (as opposed to clad) posts. The motion passed.
Votes in favor: 5 APB, AC, BDV, NKJ, JL
Votes Against: 1 GM
Abstain: 1 DM
9. House - Amendment #2 to Certificate of Appropriateness – moving the north/west dormer east by 20+ inches. Ms. Mead explained that the location of the dormer had been shifted in consultation with the Building Inspector, in order to minimize the area of the roof, which would need to be rebuilt and still meet building codes. Mr. Sawyer explained that the rafters are unevenly spaced, and in making the shift of the dormer, he had moved it farther east than actually required by the rafter spans to line it up in the middle of the two windows below. Mr. Sawyer explained that the interior walls in that area of the second floor had already been dry walled in, making it impossible to see what other options there might have been for handling the dormer placement.
10. JL reminded the meeting that building codes have two basic approaches – a “generic” solution which, if presented, does not require further engineering certification, and any other solution which is certified by an engineer to meet the performance requirements of the building code, although the design differs from that of the “generic” solution. In this case, JL argued that the placement of windows, etc on the north façade was discussed extensively in the series of meeting before the Certificate was granted, including the relationship of the dormer to the two first floor windows. Simply because it may be easier and/or less costly is not sufficient reason to approve the changed dormer location, as it does compromise the nice rhythm of openings which WHC had sought to protect. it is up to the applicants to prove that the approved location cannot be accomplished in engineering terms to meet the performance criteria of the code.
11. JL moved and AC seconded a motion to deny this application for amendment #2. DM left the meeting. The motion did not pass.
Votes in Favor: 3 APB, AC, JL
Votes Against: 3 BDV, GM, NKJ
Abstain: 0
12. Ms. Mead requested that the public hearing about this part of their request be continued until the next regular WHC Meeting, October 6, 2008, 7:30 PM to allow the applicants time to consider alternatives. AC explained that the deadline to provide additional information was September 22, 2008 for consideration at an October 6 meeting. JL moved and APB seconded a motion to continue this part of the public hearing agenda until that time. The motion passed.
Votes in Favor: 5 APB, AC, BDV, JL, GM
Votes Against: 1 NKJ
Abstain 0
13. House - Amendment #3 to Certificate of Appropriateness – removal of second window on the north side of the addition. Mr. Sawyer explained that the window could not be built at the originally designed location because of the location of an interior stairwell. Therefore, they had decided not to build it at all. After some discussion about other options for its location, the applicant amended the proposed request for amendment and the drawings to install the second window at a revised location, drawings dated September 8, 2008.
14. BDV moved and AC seconded a motion to approve the requested (revised) amendment to install the second window as shown in the drawings dated September 8, 2008. The motion passed.
Votes in Favor: 5 APB, AC, BDV, JL, GM
Votes Against: 0
Abstain: 1 NKJ
A. General Business, continued
7. Location of WHC Sign on Main Road. SC resumed the chair. SC explained that she had received a letter of complaint that the location of the WHC sign on Main Road at the top of Hotel Hill Road is confusing, with some people interpreting the sign to mean the local historic district is down Cape Bial Road. SC noted that properties at the top of Cape Bial are in the local historic district, so that conclusion is not necessarily wrong.
8. 2048 Main Road. SC shared with the meeting a copy of the recommendation of the Conservation Commission agent concerning the raised septic system proposed for this location in the local historic district (Attachment 3).. BS informed that the ConCom had not taken the agent’s advice and had agreed to a raised septic mound partially in the buffer zone of the river. SC noted that this project would be coming at some time to WHC, as it involves raising the elevation of a shed by about 3.5 feet.
9. CPC Proposals. BS explained that two proposals are being prepared which fall under the historic preservation category, and will be presented for WHC’s views and endorsement. They include preservation of registry books, going back to 1787, which are still in use, and improvements to the historical record keeping at the public cemeteries and righting of slanted stones.
Adjournment. The meeting adjourned at 9:40 pm. The next meeting is September 22, 2008 at Town Hall, to be followed by the next regular meeting on October 6, 2008.
prepared by JL, revised October 3, 2008, approved October 6, 2008
Attachments:
1. September Treasurer’s Report
2. MHC letter to Assessors
3. Concom Agent Report on 2048 Main Road, September 7, 2008
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