Historic District Commission
Minutes
Land Use Meeting Room
February 3, 2009
Members present: ~ Chair Ken Fowler, KF; Elaine Steinert, ES; Kate McNulty-Vaughan, KM-V
Jason Berger, JB; Jim Harwood, JH
Staff present: Mary Albertson, MA; Peggy Ammendola, PA
Merritt 2004 LP, Demolition at 100 Church Street, Map 43 Parcel 86. Mr. Matt Merritt presented his application.
KF recused himself citing that he is a friend of the Merritt family and that he sold the property to Mr. Merritt several years ago. JB assumed the position as Chair.
There was a site visit on January 23, 2009. Attending were JH, MA, KF and Building Inspector Bill Thornton.
This property is located at the corner of Church and Tucker. Mr. Merritt said that a few years ago a steam pipe burst within the structure and has since been unoccupied. There is no heat, the sheet rock is falling and an outside wall is out of square. He stated that Frank Macioge, an architect, did not feel that it was feasible to rehabilitate the building. Mr. Merritt wants to take the structure down and grass over the structure site.
The Commission told Mr. Merritt that the structure, built in 1855, was historically significant. JH opined that the structure could be rehabilitated. The Commission advised Mr. Merritt that it is the burden of the applicant to prove hardship, i.e. extraordinary circumstances.
Present was Suzanne Pelton of the Lenox Historical Commission.
Mr. Merritt was given the opportunity to choose to continue the meeting, withdraw the application or have the Commission react to his request. He chose to continue and stated he would provide an architect’s report on the condition of the structure.
The application was received on January 7, 2009 and the HDC needs to take action within 60 days. Mr. Merritt gave permission in writing to extend the time period an additional 60 days. He will provide a report from an architect.
KM-V asked MA what the Building Inspector’s position was. MA stated that Mr. Thornton has not made any specific comments regarding the structure, but MA said that if he has to carry it to another step there is a formal process known as a Board of Survey for condemning a building. Should it be condemned, the building would be boarded up.
MA will contact Massachusetts Historical Commission regarding demolition of a historically significant structure located within the Historic District Commission.
MA said that the committee working on the Streetscapes project has suggested that egress to the parcels be off of Tucker Street. (He owns the abutting property at (Map 43 Parcel 87) located at 94 Church St.)
JH made a motion to continue the meeting to March 3, 2009 at 5:30 pm and KM-V seconded the motion. The Commission voted to agree 4-0.
At this point, KF returned to the meeting and resumed the position of Chair.
Minutes:
· October 7, 2008-JB made a motion to approve the minutes and KM-V seconded the motion. The Commission voted 4-0-1 to approve with JH abstaining as he was not at this meeting.
· November 18, 2008-JH made a motion to approve the minutes and JB seconded the motion. The Commission voted 4-0-1 to approve. KM-V abstained as she was not present at this meet
· January 20, 2009-KM-V made a motion to approve the minutes with an edit and JB seconded the motion. KM-V amended the motion to include the following: “sign off only if the repair is minor and is in kind”. The Commission voted 3-0-2 with JH and JB abstaining as they were not present at this meeting.
Other business:
1. JB advised the Commission that he is working on a project to clarify the Historic District Bylaws and Guidelines. In order for the Bylaws to be amended, it has to be brought to an Annual Town Meeting. MA explained there is a process that has to be followed before an amendment can be brought before the ATM and stated that there is not enough time remaining to amend the Bylaw in May 2009. She suggested the HDC aim for the 2010 ATM.
2. PA will follow up on a previous email to the Building Inspector regarding the following violations:
§ Gallo, 15 and 17 Franklin Street. Construction and erection or sign without permits.
§ Rumpy’s Tavern, 16 Church St.
JH made a motion to adjourn the meeting and JB seconded the motion. The Commission voted to agree 5-0.
Respectfully submitted,
Peggy Ammendola
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