HomeMy WebLinkAbout1975-01-08
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HISTORIC DISTRICTS C~ffSSION
A meeting of the Historic Diatriata Commission was held on Wednesday,
January 8, 1975, in the Selectmen's t5aeting Room, Town Office Building,
Lexington. Present were Commissioners Wilbur M, Jaquith, Chairman3 Georgia
H. Williams, Secretary= Thomas J. Hol2bog; Donald J. 3hax; and Associate
Cammiasioner Oliver F. Hooper.
A hearing was held at 8e00 P.M. on the application of The Lexington
Canter Realty Trust with respect to ahangea in the exterior architectural
features of the buildings at 1752 and 1962 Massachusetts Avenue, xhich are
within the Battle Green District. Mr. Jaquith read the legal notice and
sppliaation, Robert Lyons, Manager, represented the applicants, ltr. Lyons
said that they wish to install aluminum storm xindaws an the secorri floor
windows of each building to conserve heat, preserve the windaK sash, and
cut down an noise. He said that they propose to install xhite baked enamel
xindawa. He stated that there is central air aorid3.tioning in the building
at 1952 Massachusetts Avenue and that this will be installed in the ether
building. Mr. Lyons aaid that, if tl~y use rax alumirn~m xindaxa, the win-
dows could be painted after a year when the aluminum has oxidised, He said
that in his experience colors other than baked whits aluminum do not hold
up. lir. Holzbog said that he feels that it would not be difficult to paint
aluminum after aa~idiwing, Mr. Lyons-said that there would net be sareer~a,
Mr. Shaw suggested that perhaps they could purchase double channel w3ndaws
instead of triple channel. tir. Jaquith asked. if they had looked into what
had been dog for atorna windaxa at the Buckman Tavern and Mr, Lyons said
that they had not. Mr. Lyons said that the Fare Station teas cream trim
similar to that on the txo buildings ir~valved xith baked xhits enamel com-
bination xindo~rs, He aaid that 33 windoxs xonld be installed, The heaMng
xas ad3ourned at 8ex5 P,M,
I+~. Jaquith said that appliaatior~ for Certd.f'i.aates bad been received
from The First Parish Unitarian-IIn»Lveraaliat Church far the erection of a
Wayside Pulpit and from the Burkea at 10 Bloomfield Street for enclosing a
posh. He said that he had received a call regarding changing the Sherxin-
Williams sign and he said that the company was changi~ to a sign xith six
colors. These applications were scheduled for hearing on February 5th.
ter. Jaquith said that he had heard nothing from Ralard Greeley regarding the
proposed markers for the Biaentennisl walkLng tours but that the Board of
Appeals hearing on this proposal was sahsdnled for January 16th.
An adjourned hearir~ was held at 8:35 P.M. xith David Teolis of Consu-
mar Yalue Stores regarding their application for exterior arahiteatural
changes and signs far the store at 1719-1?21 Massaahnsetts Avenue. Mr.
Teolis submitted three different possible designs. He stated that there
xould be shelves behind the counter for cigarettes, batteries, eta. and that
that is the reason for putting the windawa ug several feet from the base of
the store. He said that the counter would run parallel to the sidewalk and
that they were attempting to hide the counter with the 4*6" panels, As new
proposed, starting at the 1721 end of the store there would be a xindox,
than a door, and then the remaining approximately txo•thirds of the store
front would be xinda~rs, The sign would be over the smaller windax and door.
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HI9TORiC DISTRICTS COPfl~it88I0N - pegs 2 January 6~ 1975
Mr, Holabog said that he felt panelling would be better than brick and asked
if they had to have a double door. Mr, Tsolis said that they prefer a double
door as more ssrviaeable. Mr. Jaquith said that the Commission wants fixed
muntlned Drisdows of 12" x 12" Mr. Holsbog suggested that the panes be 12" x
16" Drith white wood parcelling belaDr the Drfndows. It was stated that the dear
would be recessed 30"'. The hearing was adjourned at 9x30 P.M.
A meeting was bald at 9:30 P.M. with Donald and Nancy Forg and their
Attorney. Walter McLaughlin. Also p~sent ores Attorney Reginald Howe who
represented the Historic Districts Commission in the trial of the court ease.
Attarnsy McLaughlin read Judge Dorsah~"s decision and stated that in his
opinion the massage of the Judge was that he wanted to see this Dees settled
so sent it beak to the HistoMa Districts Gommission. Attorney McLaughlin
said that his clients insist that vinyl siding is the solution to their paint
pealing problems. At the court hearing Mr. Stevens said that vS,rCrl blinds
were inappropriate and Mr. McLaughlin said that his clients ware Drilling to
retain the wood blinds. Mr. McLaughlin said that his clients are now willing
to paint the cornerboards rather than extending and covering them with siding.
Mr. McLaughlin said that his clients Drere willing to sit dwm with Mr. George
Stevens and that they do not want to fight with the Historio Districts Com-
mission. He said that they would like to try and resolve the matter amicably
orlth the Commission.
Mr. Jaquith said that one of the prablsms is the vinyl siditlg. He said
that they would be taking an attractive wood Victorian building and covering
with vial which is a Haar material. Pte. Jaquith said that they are assuming
that they could match the vinyl aiding and white paint. He askDad if this is
appropriate,
Mr. McLaughlin read paragraph 13 of the deoision, He said that, if the
Forge and the Commission could Hat coma to scene agreement. the Forge would
go beak before Judge Donahue and the Supreme Court. He Peals a court case
of this nature world be publiaally discussed at the time of the 2t?Oth anni-
v~rsary of the Battle of Lexington.
Mr. Hooper said that if the Forge had asked him as friends if they
should put vinyl siding on their hovses~ I would have said no.
Mr, Forg said that bath houses wars originally painted Dritb an oil bees
paint, He said that they tried this on o»e house and used a latex paint on
the other house.
Mr, Jaquith said that he had talked with Bob Adam who painted the
Hancock Church. The First Parish Church was doge at the same time by an-
other painter and they have had trouble with paint peeling. Adam told
Mr, Jaquith that you need to use good quality paint to have it hold uP.
Mr. Forg said that he prefers a smooth looking paint.
Mr. Holzbog said that paint looks to him as if it ware gapping off so
this would suggest moisture Doming out,
HISTORIC D23TRICT3 COM~fIS9I0T~ - page 3 January 8, 1975
?Sr. Forg said that there are two plastered walls on the inside of their
house. He said that on old hared written deeds he can trace the Land to a
span of ten years without houses and that both houses predate that ten year
period.
Mr. Jaquith said that vinyl aiding is going to change a wood house to a
plastic coated house. Mr. Holsbog said that this is a very strategic part
of Lexington, perhaps the moat strategic. He said that he feels vinyl siding
is good but not in this location. He said that there is a lot of nine wood-
work on the big house. Mr. Holsbog said that there is a problem matching
vinyl and paint trim.
Mr. Forg said that Dr. Harrington painted the trim on the two houses
every other year and the clapboards every third year.
Mr. Jaquith said that over the years vinyl gets rougher feeling. Mr.
Adam said that painters have trouble painting trim on houses with vinyl
siding because ar~? paint that drips on the vinyl is difficult to wipe off,
Mr. Adam also said that there is a problem of putting ladders against a
vinyl covered house.
Mr. McLaughlin said that he feels the Forge have replaced and repaired
sections and that the Commission should be willing to cooperate. He said
that his clients could let the houses deteriorate by doing nothing and the
Commission should consider this in its decision,
Mr. Howe said that at the trial there was a lot of testimony to put
the vinyl siding on and retain all the trim. Mr. Stevens testified that it
is difficult to cover with vinyl grid retain trim in the same proportions.
Mr. Holabog said that the larger house is a "bastard" house but an in-
teresting Victorian house and xould become xorse if anyone starts playing
around with new materials. He said that none of ua really know too mash
about vinyl or aluminum and that they do not xork togeth®r. He said that
this is a unique situation in a atrategia site. He said that, if xe knew
what was going to happen to the materials, he might be willing to say go
ahead with the vinyl siding, He said that the paint is peeling but that the
owners can maintain the house with paint,
Mr. Jaquith said that once the Commission issues a Certificate the Com-
mission loses control and can do nothing if the change is unsatiafaotory.
Mr. McLaughlin suggested that the Commission put in a condition that
the houses have to be reviewed by the Commission 20 years from now.
Mr. Jaquith asked Mr, Holsbog what his feeling is concerning vinyl siding
with wood oornerboards and stated that we know aluminum cornerboarda cannot
be used, Mr. Holsbog said that he has seen Chia done aryl that it dose not
bother him too much unless he goes up to touch the house, He said that there
is the problem of details and trim with this house.
HI3TQltIC DISTRICTS CCIMMI33ION -page 4 January 8, 1975
Mr. McLaughlin suggested that perhaps the Forgs could paint the faront
of both houses and put vinyl aiding on the sides and rears of the houses.
Mr. Forg said that this sounded like a good oompromiae but it would not work.
Mr. Jaquith said that perhaps vi>~yl aiding could be installed on the
rear of the houses. Mr. HaRre said that he thought the shingle area on the
rear is the worst area and the vinyl aiding there might help.
Mr. Forg said that paint with peeling and oracking bothers him. Mar.
Jaquith said that this may bother you but that it does not bother many
people.
Mrs. Forg said that she had had to go up to a couple of houses to tap
them to discover which were cohered with siding and which were painted.
Imo. Jaquith said that in Salem from 100 feet away you cannot tell on
many of the houses xhich have siding and which do not. Vit~?1 siding has a
rubbery, bouncing ball feeling.
Mr. Holsbog said. that everybody aubconaoioualy feels an attraction to
authentio buildings and antiques. In old authentic New England towns people
can tell the authentic. He said that there is a sensitive issue of quality
and that most everyone has a aensa of feeling about authenticity.
Mr. Jaquith asked Mr. McLaughlin, if the Commission should choose to do
so, you would not object to a condition by the Commission requiring painting
to match. Mr. McLavghline said that they would paint xhenever rieoessary.
Mr. Hooper asked if one of the things that bothers the Commission is
that they do not know xhat will happen in the future to vinyl aiding and, iP
allox on these two houses, others would say to the Commission that vinyl
aiding was allowed on two houses opposite the Battle Breen so I should be
alloxed to install it also.
Mr. I+~oLaughlin said that the Town is fortunate that the Forgs own the
houses and that the Commission should give them a vote of confidence.
Mr. Jaquith said that this is the most sensitive area of Lexington and
the Commission has tried to maintain attractive appearancse around the Green
and that this has been done throagh cooperation.
Mr. Whipple ask~ect hox much this would. out down maintenance anti Mr. Forg
said about Mr. Hoxe asked if you would gain much in oust savings if
}mtive to arepaiirt the friar every couple years.
Mr. Whipple asked if the biggest problem wasn't the trim. Mr. Forg
said that the biggest problem is the clapboard area and where there is dry-
rot. He said that they are having nex gutters made.
HISTO~tIC DISTRICTS GO1~ITSSION -page 5 Janaary 8, 1975
Mr. Forg said that the area of the back that is shingled peals. He said
that he has burned oPP the paint on clapboards, repainted them, and they are
noRr peeling. He said that some of the worst plaoes where peeling is new wood.
Mr. McLaughlin said that he doss not know what else they can say or do
and that it is now up to the Commission.
Mr. Jaquith said that he feels that, if they had had a top notch painter
do the painting, they might Peel differently. He said that maybe the peel-
ing paint problem is solvable if painted by a top notch painter with top
quality paint.
Mr. Forg said that he feels there is more humidity in houses today be-
osuae oP higher tempsratm+es inside houses.
Mr. Hol$bog said that they oould vent between the clapboards. Hs said
that tight storm xindaws and insulation add to oondenaation.
Mr. Whipple said that the Lexington Hiatorioal Society had the same
problem at Munroe Tavern. They scrapped down, shimmed between each olap-
board, repainted, aryl have had not problems sines.
Mr, Howe asked how much of a pro~eot the venting would be. Mr. Holsbvg
said that it is not a ma3or fob but might oust $500 or possibly more. Mr.
Jaquith asked what this does about moisture inside and Mr. Holzbog said that
xater dose not go in.
Mr. Holabog asked iP the house had been insulated and Mr. Forg said that
the studs go in all different ways so have not had it insulated. Mr. Howe
asked it there was any insulation in the house at 1900 Massachusetts Avenue
and Mr. Forg said that there was none at all. He said that there were gal-
vanised steel storm wirdowa on that horse.
Mr. Holsbog said that he is in sympathy with them and interested in re-
solving the problem. He said that no one really knoxa who is right. He said
that xe have to oonsider authenticity. He suggested that they try venting
the olapboatda and painting again with a top quality paint to see iP this
x111 solve their problem.
Mr. McLaughlin said that the Commission can allow vinyrl siding order
the hardship clause.
I+h•. Jaquith said that the "substantial derogation" clause is the one
that the Gommieaion has to consider. He said that xe knox a lot more about
alumimxin and virrs?1 now than did a fax years ago.
Mr. I+'org said that vinyl aiding will out dam on .maintenance and on
xindy days x111 cut dawn heating problems.
HISTORIC DISTRICTS CO!'Il+II,9320N - page 6 January 8, 1975
Mr. Holabog suggested that they resolve the oond®nsation problem and re-
tain paint on the horses. He suggested that, since tlwe insulation problem
had been checked out in 1962 or 1963 for the larger house, it might be worth
looking into this again as there might be new techniques available.
Mr. Jaquith said that the Commission will give more thought to this. He
said that he wished there was an easy solution to the problem.
The meeting was adjourned at 10e55 P.M.
Mr. Shaw moored that the Commission go into Exeantive Session, seconded
by Mrs. Williaems, and unanimously VOTED.
Mr. Haws discussed t3eorge Stevens' book on Remodeling Old Houses With-
out Changing Character.
Mr. Jaquith asked Mr. Hoare what his recommendation would be.
Mr. Howe said that, if the Commission want to change their deoision,
then they should hold a new hearing. If the Commission dose not want to
ohange the deoision, then they should submit the Dees beak to the Judge.
Mr. Jaquith asked if the Commission waits to learn if the Judge hears
your motion. It was ststed that the Judge had not made a final decision.
The Commission has to make a formal deoision. The Appeals Court has ruled
on another ease that same up that a final deoision must be made.
Mr. Howe said the Commission could either schedule a new hearing or, if
intend to stink to earlier deoision, then give him an idea of what to put in
an appeal.
Mr. Shaw asked, if the Commission had another hearing and t2een disap-
proved that one, would they be worse off.
Mr. Howe said that, if the members think they might not aha their
mirida, everything is on reoord now. The Judge could reopen the case for ad-
ditional materiels. The Judge said that I read your decision and I want more
evidenas.
Mr. Whipple asked if graphic evidence of what happens was submitted and
Mr. Howe said that it wsa. Mr. Whipple said that this Commission laoks good
graphio material.
Mr. Hoge said that the Minutes of the hearing show that all of this was
discussed. He said that nothing new was introduoed at the snort hearing or
tonight. He said that in his view the question of appropriateness and ex-
_ penes are ta?o different things. The Judge might be wilting to accept the in-
appropriateness but he was also concerned with expense. If the Forge make a
claim of hardship, they need to show it. Mr. Howe said that he was not sure
that the Forge have shown hardship. He said that, if he were going to buy a
house, he would question vi~gl siding on the house.
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HISTORIC DISTRICTS COA4~LCSSION - page ~ January 8, 1975
Mr. Jaquith said that nc one is going to buy a house opposite the Green
unless they want to be in a historic hove®.
Ifir, Holsbog asked if in evaluating the case do you f®el it is a close
case or are we right to stick to our original. decision. l~r. Shaw asked how
hardship is figured and if the Judge would consider income.
Mr, Howe said that there is nothing that tells vs that the Commission is
right or wrong, He said that it is clear that personal financial circum-
stances do not enter into the case, If they could really show that vinyl
siding was much cheaper, their paint problems insoluble, heat costa lower,
etc., then they might Dome up with a good case of hardship. Their case
should have been more on hardship and Mr. Howe said that he does not believe
that they pushed this. If they had a neighbot who was opposed to vir?yl and
said that they would take the Commission to court if allowed installation of
vit~pl siding, then he would be concerned.
Mr, Jaquith said that he feels that they have to prove hardship.
Mr. Howe said that they have to prove that installation of vinyl siding
is without substantial detriment to the Green. He said that there is a cer-
tain amount of discretion. Mr. Howe said that there is evidence on both
aides and that they have to go further. They could probably get some othor
people to Dome in and say that vinyl aiding is appropriate. The Commission
should include reasons in their decisions, The Commission could lose the
case even on appeal because of reasons not being given in the Aotiee of De-
termination, Mr. Hrnro said that he will wMts a supplementary appeal deci-
sion and send it to the Commission for comments. It was asked if an appeal
would go to the Appelate Court, Imo. Howe said that the cage would go to the
new Appeals Court before going to the Supreme Judicial Court which would prob-
ably be more sympathetic. If the Commission wishes to disapprove virrs?1 aiding
in important erase, this is probably the beat case to fight,
Mr. Jaquith said that the result in this case is crux to determination
of rived of a Historic Districts Commission.
The meeting was adjourned at 11:3d P.M.
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Geor~la H. Williams
Secretary