Provincetown
Historic District Commission
Judge Welsh Hearing Room
June 15, 2005
3:00 p.m.
Members Present: Polly
Burnell, John Dowd, Eric Dray, Carol Neal, and
Meg Stewart
Staff: Maxine
Notaro and Doug Taylor
Work Session 3:00
p.m.
Eric Dray had previously asked if a person could participate
in a decision if they hadn’t been in on the original meeting. The Town Manager had an opinion, which
stated that if they had not participated as a member then they should have no
opinion. Eric asked if this were a
ruling based on Chapter 40?
Eric will look at the Mullen case and then compare
validity. The governing principle on
recusing yourself comes under Chapter 40A and whether Mullen of the
Conservation Commission issue is a parallel case remains to be seen.
Meg Stewart asked Eric, “If you still have questions after
you read the Mullen case – then can you go directly to attorneys?” This discussion went around a bit more and
then John Dowd asked if once we decide the validity of the issue – “Is there a
way to reopen the case?”
Set up a new meeting:
It was decided that
the next meeting would be held on Monday, June 20th at 11: a.m.
Minutes
Motion: Meg made a
motion to accept the minutes of the March 23rd meeting as presented;
Carol Neal seconded the motion and it was unanimously approved.
Motion: Meg made a
motion to accept the minutes of the May 4th meeting with
corrections; Polly Burnell seconded and it was approved with one abstention
(Eric Dray). The corrections took place
on the last page of the minutes which said that it was made clear on the site
visit that the dormers on the east elevation must be removed in exchange for
the allowance of dormers on the west side.
(The east dormers must be removed from the plan as a condition of approval.)
Motion: Meg Stewart
made a motion to approve the minutes of the June 1st meeting as
written. Carol Neal seconded the motion
and it was approved 4-0-1 abstention (JD).
Meg said that the April 20th minutes and
Executive Session need extensive corrections and she will rework and distribute
corrected minutes.
211½ Bradford Street
The owners were there to explain a fence that had put up on
the back of their property. They had no
idea that they had to apply for permission before having the job done. Their reason was that they abut the Howland
Street playground and people are constantly parking on their property; this was
their means of eliminating the problem.
By consensus of the Commission, the project was approved.
Policies and Procedures
These were not touched upon.
Robert Valois & David Martin, 47 Commercial Street,
amended plans for signature
The Commissioners noted that the new revisions of June 1st
show that the deck extends another foot out from the plan, which was presented
on April 28th. Robert
Valois asked, “Can we agree if we do it at the old dimensions?” It was agreed – the deck would be cut back
from 8 feet to the original 7 feet.
Motion: John Dowd
made a motion to approve citing the guidelines 2C and 15. Eric Dray seconded the motion and the vote
was 4 in favor and 1 opposed (Meg Stewart).
After the vote Robert Valois wondered about having French
doors on the second floor; only for the sake of symmetry. John Dowd said the group could only vote on
what now exists on the plan. Any
changes would require a full public hearing.
The Chair asked if all the gathered people would mind if
case 2005-52 was heard next even though it was listed in last place on the
agenda. (Deborah Paine, the builder had
to be at an appointment in Wellfleet around 5:00ish.) No one replied so it was heard.
Public Hearing
2005-52
Application by Barnett Adler on behalf of Bette Adams for a
Certificate to be issued in accordance with the Provincetown Historic District
Commission established under the General By-Laws, Chapter 15 of the Town of
Provincetown. The applicant seeks
approval to renovate the existing building to bring the existing dwelling units
up to current health and safety codes; replace windows, siding, add two dormers
on the back of the building; add two decks to allow for a second means of
egress; re-roof with 30 year architectural shingles at the property located at
566 Commercial Street, Provincetown, MA.
There was a difference of opinion regarding the windows the
builder wanted and the windows the Commissioners wanted. Deborah felt that storm windows damage the
sill due to condensation in the winter.
Eric Dray felt that storms provide a cushion of air between the interior
and exterior windows and thus are energy efficient.
Eric then asked if the windows needed to be replaced. He also said that windows present the
biggest challenge in restorations.
Ms. Paine then said she’d like to get rid of the sash
weights and use the jamb liners – not visible – if the Commission would approve
of it?
One woman in the audience told the group that before the
present owner - the top floor was used as both a writing studio and a painting
studio. A man in the audience who was
an abutter asked and received clarification on the plans.
Eric said he wants to preserve the unique character of the
houses as long as changes don’t eliminate the important elements of the
buildings.
After 40 minutes of discussion, the following motion was
made.
Motion: Eric Dray
made a motion to continue the case for new plans to be submitted with uniform 6
over 6 windows and also wants the plans to show the profile of the proposed
shed dormer. Meg Stewart seconded the
motion and it passed 5-0-0.
2005-42
(Continued from June 01, 2005)
Application by Neal Kimball on behalf of Vernon Brown for
approval for the renovation of four freestanding cottages at the property
located at 10 Washington Avenue, Provincetown, MA.
Neal Kimball, the architect, Chris Snow, an attorney, and
Vernon Brown, the owner presented the application. (Eric Dray recused himself while the decision is pending.) Chris Snow then began a lengthy explanation
of 40A. Eric still stepped down from
the case.
Atty. Snow after a bit more conservation said that Mr. Brown
has spend $800 on two occasions to satisfy the requests of the Commission
regarding resubmission of plans and is now out a total of $1,600.
Neal Kimball then began explaining the plans by giving the
background of the changes. Neal said he
was giving the group a couple of options.
He admitted to being confused at the 2nd meeting and tried to
do the plan that he thought he had been requested to do, i.e., cottages 3 and 4
had to match cottage 2?
Chris felt the 2nd meeting’s ideas were what was
desired. Mr. Brown wants to persuade
the Board to go with May 18th offerings.
Meg cited the streetscape of Law Street as her prime
concern. She then asked if the
footprints were increasing? The answer
was yes, that both cottages she asked about would be 4 feet closer toward the
street. She said she felt, “We’ve taken
one story cottages that are simple and we’ve added dormers, etc. We should not be enlarging these
cottages!”
John Dowd said he felt the new design all reads as “a
family.” He admitted that they were a
bit higher but still very small discreet cottages.
Carol Neal asked what the total increase in height amounted
to. Answer: It varies between 3 ft. 8” and 3 ft. 11.” Carol feels that that is the essential
issue.
Polly Burnell felt that they’ve gone up as little as
possible.
Carol feels she’d be in agreement on lowering these
cottages. She would like the original
compromise.
Motion: John Dowd
made a motion to accept Option A with the alteration that the windows be either
2 over 2 or less fussy as presented on June 1, 2005. Polly Burnell seconded the
motion. The vote was 2 in favor (JD
& PB), 1 opposed (MS), and 1 abstention (CN). Motion did not carry.
Chris Snow then presented more arguments about what the
people of Town wanted when they agreed to have a Historic Commission and on and
on. He wanted the group to have the
motion reconsidered and they acquiesced.
Motion: A motion was
made, seconded, and unanimously approved to table 2005-42 until the end of the
meeting.
Chris stepped in once more and said the correct way to do this
would be to entertain a motion to reconsider the vote.
Motion: John Dowd
made the motion to reconsider the vote; Polly Burnell seconded the motion and
it was passed.
This case concluded at 5:25 p.m.
2005-48
(Continued from June 01, 2005)
Application by Steve & Samantha MacNicoll dba Sam &
Sam on behalf of Dr. G. Bruce Head III for a Certificate to be issued in
accordance with the Provincetown Historic District Commission established under
the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to add a second
story with a gable roof to an existing one-story shed roof cottage at the
property located at 4 Atwood Avenue, Cottage #3, Provincetown, MA.
(John Dowd stepped down since he wasn’t at the original
meeting when this case was presented.)
Eric Dray said that the plan submitted was much improved.
Motion: Eric Dray
made a motion to approve as submitted citing the #15 guideline. Meg Stewart seconded the motion and it was
approved 4-0-0.
2005-39
(Continued from May 04, 2005) (Request continuance to June 01, 2005)
Application by William N. Rogers, P.E., P.L.S. on behalf of
Harlan J. and Lois G. Streib for a Certificate of Compliance to be issued in
accordance with the Provincetown Historic District Commission established under
the General By-Laws, Chapter 15 of the Town of Provincetown. The applicant seeks approval to lift the
existing main building and cottage and install new brick faced crawl space
foundations. Renovate the existing main
building, in-place, with no increase in height or size. Renovate the existing cottage, in-place,
with an increase of 18 inches to peak height (existing height is 17 feet 10
inches and proposed height will be 19 feet 4 inches). Install new structural members and framing along with the
replacement and/or relocation of existing windows and doors at the property
located at 44-48 Pearl Street, Provincetown, MA.
(Polly Burnell stepped down since she didn’t hear the
original case.)
Gary Locke presented the revised plan based on the discussion
and advice received from the Commission.
He also said that the upper part of the plan is basically the same.
Motion: John Dowd
made a motion to accept the newly revised plan. Carol Neal seconded the motion and it passed 4-0-0.
2005-50
Application by John DeSouza on behalf of John Spazzarini and
Jim Cottone for a Certificate to be issued in accordance with the Provincetown
Historic District Commission established under the General By-Laws, Chapter 15
of the Town of Provincetown. The
applicant seeks approval for revisions to a previously approved plan to change
the roof and siding style, window and door configuration and remove deck and
spiral stairs at the property located at 172 Bradford Street, Provincetown, MA.
After looking at the plans it was determined that the
building is 9” higher at the ridge.
There was a great deal of discussion about the cottage on the property.
The original cottage was dated around the turn of the
century. It was wondered if Eric Dray
could tweak this so that it reads 2005.
Meg wondered if the alteration would fool anyone? John Dowd said that if something is going to
be a certain style then it must be all the way; it has to be correct. A question was raised about the roof
shingling; it looked too “ginger-bread like” and the thought was that they
might go with asphalt roof shingles.
Motion: John Dowd
made a motion to accept the plan as presented with the minor changes
discussed. Polly Burnell seconded the
motion and it passed 4-0-0.
2005-51
Application by Neal Kimball on behalf of John Yandrosivtz
for a Certificate to be issued in accordance with the Provincetown Historic
District Commission established under the General By-Laws, Chapter 15 of the
Town of Provincetown. The applicant
seeks approval to renovate two existing free-standing cottages at the rear of
the main house, re-frame roof’s increasing pitch and add a small ell to cottage
#1, reconfigure window layouts at the property located at 5 Conant Street,
Provincetown, MA.
(This case was continued until July 13th due to a
death in the family.)
Motion: Continue
2005-51, 5 Conant Street, to the July 13th meeting. Unanimously approved.
The Town Hall portion of the meeting stopped at 6:05 p.m.
with the remaining members (JD, PB, and CN) going for a second consideration of
the Law Street streetscape as requested by Chris Snow.
Respectfully submitted,
Evelyn Gaudiano
Evelyn Rogers Gaudiano
Approved by ____________________________on ______________,
2005.
John Dowd, Chair