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City of Gaithersburg Historic District Commission met July 25.

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City of Gaithersburg Historic District Commission met July 25.

Here is the minutes provided by the Commission:

1. CALL TO ORDER

The Regular Session of the Historic District Commission was called to order at 7:30 PM with Chair Dean Ventola presiding.

Attendees Name

Title

Status

Dean Ventola

Chair

Present

Marc Feinstein

Commissioner

Absent

Chris Kirtz

Commissioner

Present

Mary Jo LaFrance

Commissioner

Present

John Roddy

Commissioner

Present

Robert Love

Alternate Commissioner

Present

Staff present: Assistant City Attorney Johnson; Planning Director Schwarz; Planner Mann; Planner Berger; and Planner Roakes.

2. APPROVAL OF MINUTES

A. Regular Session held June 27, 2018

There was no vote on the minutes. Chair Ventola asked Planner Berger to review the first motion for DEMO-16655-2018.

3. HISTORIC AREA WORK PERMIT REVIEWS

A. HIST-7977-2018: Removal of tree measuring 50 inches DBH at 106 Chestnut Tree in the R-90 (Medium Density Residential) Zone

There were no conflicts. Commissioner LaFrance revealed that she lives in the Chestnut/Meem Historic District, but said she would be impartial.

Planner Berger provided a Staff presentation. The applicants, John Henry and Keana Scott, sought to remove a white oak tree measuring 50 inches diameter at breast height (DBH).

The subject property included a two (2)-story Frame Vernacular style residence that was constructed about 10 (ten) years ago. 106 Chestnut was zoned R-90 (Medium Density Residential) and was noncontributing to the Chestnut/Meem Historic District.

The tree was located in the rear yard on the boundary with 104 Chestnut Street. The applicants had been advised by their arborist to remove the white oak tree because of the presence of an approximately 15-foot tall crack and cavity that began at the base of the tree. City Staff agreed with the arborist’s opinion.

The tree was recorded in the 1999 Tree Inventory for the Gaithersburg Historic District, so Staff included a condition requesting that a replacement shall tree 2.5-inches in diameter be planted in its place.

John Henry Scott said they had been tracking the progress of the tree for a while and hoped to keep it, but it was too dangerous. He said he intended to plant a native tree in its place.

All commissioners agreed that the tree posed a threat and needed to be removed.

Motion was made that HIST-7977-2018, R-90 (Medium Density Residential),Removal of tree measuring 50 inches DBH at 106 Chestnut Street, Historic Area Work Permit, be approved with one (1) condition:

1. Applicants shall plant replacement tree within six (6) months of removal.

2. Applicants must grind down stump to grade.

RESULT:                PASSED [UNANIMOUS]

MOVER:                Robert Love, Alternate Commissioner 

SECONDER:         John Roddy, Commissioner

FOR:                     Ventola, Kirtz, LaFrance, Roddy, Love 

ABSENT:               Marc Feinstein

4. DISCUSSION TOPICS

A. Impact Review Areas

Planner Berger provided an introduction. He noted the discussion was a continuation from the June 27, 2018, meeting. Staff sought guidance on which properties the HDC would like to pursue for impact review area status.

He reminded that impact review areas are properties that adjoin designated properties and would allow the HDC to essentially provide a courtesy review on concept and amendment to site plans before the Planning Commission final review. None were in place. To go into effect, the Mayor and City Council would need to approve by resolution.

He showed maps of the potential impact review areas. He also provided a table in the packet that listed all the adjoining properties.

Commissioner LaFrance provided the following links to her fellow commissioners before the meeting:

· https://forum.savingplaces.org/viewdocument/historic-preservation-and-growth- ma#.W1IMEsZ4q40.mailto <https://forum.savingplaces.org/viewdocument/historic- preservation-and-growth-ma>

· https://savingplaces.org/stories/10-on-tuesday-10-factors-in-establishing-local- historic-district-boundary-lines#.W1YOL02WwuU <https://savingplaces.org/stories/10-on-tuesday-10-factors-in-establishing-local- historic-district-boundary-lines>

· https://madison.com/wsj/news/local/town-seeks-buffer-zone-around-historic- church/article_21a72739-b1e8-5bd3-9baf- a8523e2e7e50.html?utm_medium=social&utm_source=email&utm_campaign=user-share>

· https://real-estate-law.freeadvice.com/real-estate-law/zoning/buffer_zoning.htm>

She said the HDC should discuss where the impact areas should be located and whether the property notification area should be expanded beyond the existing 200-foot radius. She inquired if the City Code could be changed on signage near historic districts. Planner Berger said impact review areas would only cover signage on Site Development Plans. Planner Mann said a text amendment to City Code would be necessary to require review of signage in the vicinity of historic districts. Commissioner LaFrance said she would like to have the Olde Towne District expanded so its guidelines can be utilized in the historic districts. Planner Mann said the Olde Towne District’s boundaries were codified, so it would be difficult to expand.

Alternate Commissioner Love said he had concerns about the length of review. Planner Mann said implementation of impact review areas had the potential to add a month to the review process. He inquired if the affected property owners would be notified prior to implementation. Planners Berger and Mann and Assistant City Attorney Johnson said the property owners would be notified and have the opportunity to comment prior to potential Mayor and City Council implementation. Alternate Commissioner Love did not believe it would be fair to impose impact review areas on property owners who purposely chose to avoid purchase of a historic property.

Vice Chair Roddy agreed with Alternate Commissioner Love and said the HDC needed to be careful which properties they potentially sought impact review area status.

Commissioner Kirtz agreed with the Commissioners Roddy and Love. He suggested instead expanding the 200-foot property notification standard currently in place.

Chair Ventola asked how many historic resources are located in the City. Planner Berger responded approximately 115. Chair Ventola asked what would be under the HDC’s purview. Planner Berger said trees, fences, and signage would not come under HDC’s review unless it was part of a Site Development application. Additions may also come under HDC’s review depending on the size of the work.

Commissioner LaFrance said the HDC should consider the effect new development would have on historic districts and cited a 1998 report on buffer zones.

Planner Mann said Staff already reviews traffic impacts. He added that buffer zones were already in place adjoining the historic districts. Planner Berger showed the location of the R-B (residential buffer) zone approximate to the Chestnut/Meem Historic District. Chair Ventola asked the purpose of buffer zones. Planner Mann said the zone is a median between high intensity use and residential areas.

The commissioner said they will discuss the topic at a future date.

5. FROM STAFF

Planner Berger said he attended the National Alliance of Preservation Commissions early that month in Des Moines, Iowa. He summarized a session he attended called Removing the Vinyl Sticker: Historic Preservation Cost Calculator and demonstrated a program that calculated the long term cost of retaining historic building elements versus replacing with a different materials.

Assistant City Attorney Johnson noted Planner Berger had been named employee of the second quarter.

He also said the Maryland Planning Commissioner Association would hold its meeting in the City on October 26 and said it would include an open meetings training available to any commissioners who wished to attend.

6. FROM COMMISSION

No Commissioner Updates.

7. ADJOURNMENT

There being no further business, the session was adjourned at 8:14 AM

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