HISTORIC
DISTRICT COMMISSION
January 3, 2007
Judge Welsh Hearing Room
3:30 p.m.
Members
Present: Polly Burnell, Nathan Butera, Marcene Marcoux,
Carol Neal, and E. Clothier Tepper
Members
Absent: John Dowd (excused absence)
Staff: Maxine Notaro
Work Session - 3:30 p.m.
Marcene
Marcoux referred to Guideline 15-10-1 Enforcement
and Penalties. She then referenced
Guideline 15-10-4 that “the Commission may designate the Building Commissioner
to pursue non-criminal disposition under G.L. c.40, 21D.” Marcene said that the
Historic District Commission has the authority to empower the Building
Commissioner to enforce the decision made by the HDC. The question is whether
he is accepting the role of enforcer. The HDC has the right to follow through
on all alleged violations and this is made very clear in terms of the
Guidelines and the Rules and Regulations.
We can go to Barnstable Superior Court but clearly something needs to be
done. Many town residents have been
complaining to the Commissioners about the flagrant disregard of HDC approved
plans.
Clo
Tepper wondered if we should first speak to Doug Taylor, the Building
Commissioner, and then determine how to
proceed. Should we have a motion now? Many people in town are aware of the
disregard of our decisions. We should
start with a specific property. We
should get in writing whether Doug Taylor wants to enforce HDC Guidelines or
not. Carol Neal did add that we don’t
want to be policemen.
Motion: Designate Clo Tepper to speak to Doug
regarding enforcement of Guideline 15-10 (specifically 15-10-4) in general and
specifically refers to 531 Commercial Street and any other future problems.
Motion: Marcene Marcoux Seconded: Polly
Burnell Vote: 5-0-0
Carol Neal, Nathan Butera. Marcene Marcoux, Polly
Burnell, and Clo Tepper in favor
12 Johnson St – replace windows. AJ Martinez appearing for owner of Carpe
Diem. The project was approved
5 Fishburn Court – the applicant wants
Harvey windows. Looked at photos – view
from Pearl St is mostly obscured and not visible from public way. Has tenant who wants to move in on February
1st. 2 over 2 windows. The project was approved.
522 Commercial St – AJ Martinez also. Was built in 1984 (back part of the
house) replacement in kind. The project was approved.
616 Commercial St. White Dory condo – 2nd fl unit. Replace in kind with exception of the front
door. 15 lgt replacing a 9 lgt front
door. Approved.
45 Commercial St – Jones Locker – Nathan
Butera stepped down because he’s an abutter.
Replace in kind. The project was
approved.
Bull Ring Apts. Entire complex would
like to use Azek trim. Just like they have on the building east of it. Contractor asked Maxine Notaro yesterday
about the possibility of Azek. Marcene
Marcoux has a problem – The Bull Ring
is very visible, quite historic, and she doesn’t think Azek appropriate. Clo Tepperwould like the case presented as a
full hearing. Consensus of board – full hearing – by virtue of the size of the
project alone.
Marcene
Marcoux is tired of having the HDC receive incomplete applications. She is tired of asking – “Do you have this
and do you have that?” Maxine says
every application has a check-list but every application is different. Marcene said the HDC is continually asking
applicants questions about missing material and sometimes there are no photos,
no dimensions, no elevations.
Commission cannot accept applications that are not complete.
Doug
Taylor, sitting with the public, interjected why dimensions are not always
listed. He said it was certainly within
HDC purview to reject an incomplete application. Doug Taylor says we don’t have the staff to personally guide
every applicant. Maybe the HDC needs a
part time person? The current load is
such that we, in the Department, can’t do it.
ZBA and Planning just won’t look at an incomplete application. Also, many of these are presentation
documents and don’t have to have all
the details in the application.
Planning has continued cases for more information. Marcene insisted, "We do need to know
about heights and elevations."
Public
Hearing 4:00 p.m.
2007-01
Application by Douglas
Taylor 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 demolish an existing
studio and create a new structure for two community-housing units at the
property located at 29 Alden Street,
Provincetown, MA.
Polly
Burnell stepped down since she is an abutter.
Clo Teopper, an alternate, is sitting in on the case. Doug Taylor told the HDC what he intends to
do. The old studio shop is at least 60
yrs old. He is staying with the
integrity of the form. He’s trying to
keep this as a utility-style building and construct a two-family affordable
housing unit. The form usually follows
the function of the building. To
achieve this, Doug Taylor is asking to
demolish the building. He had many
pictures and explanations. After a
lengthy introduction by Doug, the public was invited to make comments on the
project.
Carol
Puglies, an abutter who lives at 29 Alden St., said that her concern is that
she is dismayed by the dimensions of this building. It takes up a lot more space than the building it will be
replacing. Also, she never received an
abutters notice and only found out about today’s hearing when she read it in The Banner.
Barbara
Rushmore, another abutter who lives at 35A Alden, said she objects to knocking
down buildings for no other reason than profit. The 35 foot wall that will
face us is not desirable. She’s
objecting to having it knocked down at all.
It will not be affordable to anyone.
Barbara said that it’sone of the few neighborhoods that has mixed use of
residential and commercial. The
applicant, Doug Taylor, has a lot of power and she strongly objects to this
application. It bothers me, Barbara
said, that this is happening with this historic piece of property. It is being sold to the Building
Commissioner for less than others are sold.
He’s also forcing a hook-up to a sewer and that puts a tremendous
financial burden on the other people.
Barbara Rushmore’s concluding question was “If you knock a historic
building down, can you put it back up without the legal sidelines?” “Don’t the
variances need to be different?” She
also added that he owner of the property has made an illegal curb-cut and now
the property has 3 parking spaces instead of the one he had.
Carol Neal said that our concern is that
all abutters should have been notified.
Doug Taylor stated that he is here as a citizen and not as a Building
Commissioner. Clo said that if notifications have been sent out – then we
should move on. Barbara Rushmore asked
about demolition criteria. Some of Barbara's
questions were answered by saying that these questions are under the
jurisdiction of the ZBA or the Planning Board.
Moe
Van Derek said that the building in question was his workshop since 1958 and he
was under the impression that this building couldn’t be altered. He was interested in purchasing the
building. He offered $45,000 and he was told that he couldn’t buy it unless it
was going to be used for affordable—not community— housing. It was actually a licensed business building
that was - in the 1930s a 2 car garage.
He was under the impression that you could never go up (height-wise) on
that property. Aren’t there any
questions you are going to ask about its history, he asked? Moe spoke to the this structure as being
part of an earlier Portuguese community. These buildings are said, by some, to
have no integrity yet it would take him only a few weeks to make it
useable. He also addressed the solid
ceiling beams of the structure since he had put them int.
Letter in opposition – 29 Alden St - #1 – condo
owner – Tracy Price and Denise Chamberlain. They are definitely oppose to the
project.
Michele Couture,
Provincetown Selectman, arrived to speak in favor of the project as one of the few projects
that would be affordable. There have
been no new affordable projects in the last few years. Whatever anyone says, Michelle added, that
this property can be demolished and will fill a need. We’ve had momentum going within the last few months. Michelle Couture thinks this is a worthy
project and she’d like to see viewed favorably and approved.
Doug
Taylor – clarifying the affordable issue and hook up to the sewer - stated that
there’s no way he can get the condo group to hook up.
Carol
Neal asked to return to the demolition issue.
As Acting chair, Carol read the historic survey.
Marcene
Maracoux said that this structure is part of the original Portuguese community
and is significant historically and culturally to Provincetown and its older
Azorean community. She also added that this structure was tied to other
buildings where immigrants from the Azores lived when first coming to the
States. This entire property goes back to the ‘20s and reflects a strong sense
of this town’s past. She referenced Guideline
15-8-1 Criteria of Determination and referenced the relation of the building to
surrounding buildings in relation to mass, detail and construction. Marcene Marcoux referenced Guideline 15-11-14 Demolition and quoted: “Demolition, or partial demolition, of
buildings or structures is prohibited except when in the opinion of the
Commission warranted for extraordinary circumstances.” Marcene judged that this
case did not justify extraordinary circumstances. She also explained that use
of the building—what happens inside the structure—is not a purview of HDC. How
it was used historically is its purview, but how it will be used in the future
is not.
Clo
Tepper said that the structure is historic and is highly visible from a public
way. He completely agreed with Barbara
Rushmore’s conclusions – and location is important. He's against demolition, given the HDC guidelines.
Nathan
Butera has to act according to the HDC guidelines. This is not an extraordinary situation, as stated in HDC Guideline 15-11-14.
Carol
Neal said that she couldn’t vote for demolition of this structure given Guideline 15-11-14.
Doug
Taylor said he wanted to be upfront and not go with the usual line of
bullshit! He wants to be honest and
feels the Commissioners should agree because they’d be turning away affordable
housing. He needs two units.
Motion: Deny demolition of 29 Alden Street given the
historic nature of the structure and Guideline 15-11-14 and Guideline 15-8-1.
Motion: Nathan Butera Seconded: Carol
Neal Vote: 4-0-0
Nathan
Butera, Marcene Marcoux, Clo Tepper and Carol Neal in favor of denying the
demolition.
2007-02
Application by Vicky Keith
and Madeliene Abling 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 connect the house
and studio over the existing deck area at the property located at 8 Priscilla Alden Road, Provincetown, MA.
Madeline
Abling and Mark Hammer, her architect, presented the plan. She and Vicky Keith have owned the property
for a year and a half. She’s a painter
and paints in that studio but the roof leaks.
We care about the property and the neighborhood. The architect has done a good deal of design
work and his main intention is to take care of the maintenance issues. We don’t want to go up another story just to
make it tight. Studio is cedar
clapboard and they want to make the entire house cedar clapboard. Wants to do honorable things with the
property. Concern today is the north
elevation which is viewable from the road.
Letters of support –from neighbors and
abuttersRonnie Segal and Liz Angelino
Neighbor
and fellow artist Connie Black.
Meg
Stewart – we’re soon to be abutters on Brewster St and in her in their opinion
the design is as true as you can get and she and Maureen are in support of the
project.
Carol
Neal says the plans appear in keeping with the original style of the house.
Motion: Accept the plan as presented given Guideline
15-8-1 Purpose and Guideline 15-11-15 New Construction and Addition.
Motion: Carol Neal Seconded: Nathan
Butera Vote: 5-0-0.
Polly
Burnell, Clo Tepper, Nathan Butera, Marcene Marcoux and Carol Neal in favor.
2007-03
Application by Neal Kimball
on behalf of Sandler Davidson Living Trust, Jennifer Davidson Trustee 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 relocate some existing windows and add new
windows on the east, south and west sides and to change a door on the south
side to French doors and replace a skylight at the property located at 153 Commercial Street, Provincetown, MA.
Carol
Neal stepped down due to potential conflict of interest.
Neal
Kimball said the property has a new buyer and faces repair issues. He wants to reshell the exterior. The 3rd floor windows are not
changing. Envelope stays the same and
on north side they are adding a little bump out. Bumping out the floor plan 14 inches to create a new
bathroom. Polly Burnell said that the
building was built in the ‘80s and because it’s in the Historic District it
does come before the commission.
Approved the use of Azek which is impervious to weather and – especially
on the waterfront – it’s maintenance free.
Deb Pain added that the old CCS redo is all Azek. As a builder, she feels the quality of any
wood trim work – doesn’t hold up. All
others are rotting away and she feels it doesn’t make any sense if you can’t
tell the difference.
Motion: Accept the plan as presented given Guideline
15-8-1.
Motion: Polly Burnell Seconded: Clo
Tepper Vote: 4-0-0.
Poply
Burnell, Clo Tepper, Nathan Butera and Marcene Marcoux in favor.
2007-04
Application by Neal Kimball
on behalf of Mitchell Hollander 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 passive solar collectors to new single family home (HDC Case #2006-33)
that is currently under construction at the property located at 28 Alden Street, Provincetown, MA.
Polly
Burnell stepped down since she is an abutter.
The
proposed solar collectors are about 6 inches and a regular skylight is about 4
½ inches. Roof will be dark color and
essentially will blend in. Neal Kimball
added that it’s very efficient.
Motion: Accept the plan as presented and as shown on
the plan.
Motion: Carol Neal Seconded: Clo
Tepper Vote: 4-0-0.
Carol
Neal, Clo Tepper, Nathan Butera and Marcene Maroux voted in favor.
2007-05
Application by Neal Kimball
on behalf of Cynthia Simmons 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 remove and replace a roof structure with a ridgeline height increase of
1'-0", add (2) shed dormers along the West side and (2) matching shed
dormers along the East side of new roof. Add small bump out on west side within
footprint of existing storage shed. Reconstruct existing bump out on west side
within same area. Add gable and transom windows on South elevation. Reconfigure
/ add windows along East elevation at the property located at 481 Commercial Street, Unit #2,
Provincetown, MA.
Neal
presented a long discussion about how the roof leaks and other problems.
Bill
Cody owns a condo behind unit #2 and objects to raising the roof as it will
obliterate the views he has. (the roof
will be raised 12”).
Motion: Accept as presented with the following
stipulations. The southern most dormer
be deleted, other dormers on the east and west will necessitate Neal returning for O.K.s and the transom
doors must be deleted and two panels will instead be shingled to match the wall
covering and the roofline will be elevated to only 8 inches - not the 12 inches
requested. The motion had no second and
consequently died.
The
public portion of the meeting was opened again to allow Bill Cody more
input. Afterwards, Clo Tepper decided
to repeat his original motion contained above given Guideline 15-8-1.
Motion: Clo Tepper Seconded: Polly
Burnell Vote: 5-0-0.
Carol
Neal, Polly Burnell, Nathan Butera, Clo Tepper and Marcene Marcoux in favor.
2007-06
Application by Dana Faris 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 shed dormers to the southeast and garden
(west) sides of the “L” addition. Remove the existing chimney from the “L”
addition and add a new chimney. Replace rotted casement windows with
double-hung windows on the southeast and north sides and remove jalousie door
on the north side and replace with a double-hung window at the property located
at 6 Central Street, Provincetown, MA.
Clo
Tepper stepped down.
Dana
said his house was built 1835 and the ell put on between 1840 and 1860. He’s going to put in a new kitchen and he
has lived in the house for the last 16 years.
His architect, John Stemple, accompanied him. He wants to remove an existing chimney which used to serve the
furnace. He relocated a new furnace to
a shed and has many plans for modernizing the house. All of the windows on the front will be 6 over 6.
Carol
Neal said that old chimneys should be retained. Dana wants to make kitchen his dream kitchen. In that case, Nathan said that you can keep
the façade. Dana doesn’t want the
chimney to be in the house.
Marcene
Marcoux would feel more comfortable waiting in order to have a site visit. Dana will be gone during most of
February. Nathan said that we’re mostly
concerned with what’s visible. It’s a
very historic house and we want you to keep the chimney on the outside. We need to preserve the door somehow. Dana wants to make it more attractive. 6 over 6 is the right style for this
house. Polly Burnell would like the new
chimney to match the other one. Three
windows that are the same instead of the picture window on the 2nd
floor would be more appropriate. Windows on the 2nd floor will be
slightly shorter. Keep the door or
change it to a window? Fall back
position – leave the door as it is.
Motion: Accept the plan as presented with the new
chimney on the north elevation to be built in the style that is
appropriate. The 2nd window
in from
the left is to be deleted
but with the frame retained and the jalousie door retained. The picture window on the 2nd
floor will be removed and replaced by three smaller windows. The original chimney will be retained above
the roofline given Guideline 15-8-1.
Motion: Nathan Butera Seconded: Polly
Burnell Vote: 4-0-0.
Nathan Butera, Pollu
Burnell, Clo Tepper and Marcene Marcoux in favor.
2007-07
Application by Robert Valois
on behalf of Dr. Don Butterfield 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 raise the roof 6’6” and add dormers and a spiral stair at the property
located at 43 Commercial Street,
Building “B”, Provincetown, MA.
Carol
Neal and Nathan Butera stepped down.
Application
was presented by Robert Valois, the architect.
Built in 1935 and it was always a small building only visible from the
beach. Neighbors have been given the
plans and they’ve had dialogue with most of them.
Two letters from abutters: Jonathan E. Bates strongly objects to the change in size. He
asked that the HDC not approve the project.
Stephen
Herzbeck is against the project and wants the permit denied. Reasons are similar to other abutters as to
density, mass, and inappropriateness.
Polly
Burnell feels as if it’s too big for that spot. Marcene Marcoux also feels the height is a little too much for
that area. Marcene added that you’ve
got a wonderful designer but raising the roof 6'6" is not good. Valois asked if the plan would it be o.k. if
the roof is lowered. Clo feels it’s too
big, too. This would be too great an
expansion.
Robert Valois asked: would lowering the ridge
another 2 ½ ft mean approval? Members explained that a lowered ridge would be
desirable.
Motion: Continue the case until the next meeting on
January 17th.
Motion: Polly Burnell Seconded: Marcene
Marcoux Vote: 3-0-0.
Clo Tepper, Polly Burnell
and Marcene Marcoux voted to continue the case.
2007-08
Application by Deborah Paine Inc. on behalf of Jo Seidler and Bette Skandalis 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 amend a previously approved application by changes in siding and widow configuration at the property located at 627 Commercial Street, Provincetown, MA.
This
application had been previously heard and decided upon.
The meeting adjourned at 715:p.m.
Respectfully
submitted,
Evelyn Gaudiano
E. Rogers Gaudiano
Approved by Carol Neal, Polly Burnell, and Marcene Marcoux on
_January 10,2007
Carol
Neal, Acting Chair