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HomeMy WebLinkAbout2011-10-20-HC-minMeeting Minutes Lexington Historical Commission October 20, 2011 Commission Members Present: David Kelland, Chair, Marilyn Fenollosa, Frank Kern, Wendall Kalsow Absent: Sally Zimmerman The meeting was called to order at 7:52 p.m., Ellen Stone Room, Cary Memorial Building Formal Hearings: 4 Turning Mill Road— Present: Carol Bogan (applicant). There were no abutters present. The applicant stated that the house has been on the market since September 2010 and the current listed price is 10% below assessed value. Ms. Bogan also stated that she does not want to tear it down but must be able to sell it for financial reasons. Commissioner Comments: Marilyn Fenollosa read from MHC Form B about the property. One of the least altered in Turning Mill development. Good example of Carl Koch's work. Has stood the test of time. Wendall Kalsow stated that we [the commission] must be consistent in terms of requesting a good faith effort and that the effort must be demonstrated i.e. documented. Frank Kern asked Ms. Bogan if she would tear it down herself if the LHC were to approve the application. Ms. Bogan replied that she believes LHC signoff on demolition application would make it easier to sell. A motion was made and seconded to find the house at 4 Turning Mill Road preferably preserved. The vote was 4 -0 in favor. Ms. Bogan continued to solicit Commission's advice on additional steps that could be taken to find a buyer who is willing to preserve the home. 77 Ri ithnr Ax/in Present: Joseph Hourihan (applicant), Joseph Walsh (attorney representing applicant), abutters (five in total); Mr. and Mrs. David Archibald, 18 Butler Ave., Hans Huber, 21 Butler. Chairman Kelland reminded those present that the procedure involves that applicant speaking first, followed by abutters and finally commission members. Mr. Walsh stated that he has known the applicant for thirty years. 22 Butler Ave. has been the family home where the applicant and all of his siblings were brought up. The applicant lost his job in 2008. Health conditions have left the applicant with limited use of both hands and unable to drive. Mr. Hourihan had been driving an oil truck for a living but is now unable to do so and is financially desperate. The house has suffered water damage due to an unattended plumbing leak. Mr. Walsh distributed exterior /interior photographs of the premises. Mr. Walsh pointed out the unsealed attic window and soffit /eave areas open to the weather due to animals (possibly raccoons) gaining entrance. Mr. Walsh stated that the applicant believes there is no opportunity for sale as is. Mr. Walsh showed the Commission drawings prepared by the firm Churchill and Ash for a replacement dwelling. Chairman Kelland invited abutters to speak. Mr. Archibald spoke in favor of the demolition. Mr. Huber said that he has seen animal tracks in the snow and spoke in favor of the demolition. Other abutters were in favor as well questioning the rationale for 22 Butler being listed in the Cultural Resources Inventory. Chairman Kelland asked the applicant if an attempt has been made to market the existing house. Mr. Walsh responded that Mr. Hourihan has been talking with Bernie Osgood, a realtor, who has advised him that it would be difficult to sell given the condition. Mr. Walsh stated that the Commission should let his client tear it down because of financial hardship and because of the condition of the structure. Ms. Fenollosa stated that the Commission does not have a hardship exemption and that in order to comply would need a report from a licensed structural engineer or realtor. Anecdotal evidence pertaining to the condition of the structure is not sufficient to allow the demolition. Mr. Kern said that the Building Commissioner will be looking for advice from the Commission as to whether the applicant has demonstrated a bon fide effort to sell the house to someone willing to preserve it or that preservation is not likely to occur (due to condition issues). The Commission would need a report written by a qualified profession engineer or building inspector as to the house's structural assessment. Mr. Walsh asked why the Commission allowed the demolition of neighboring structures at 9 Butler Ave and 13 Camile. Ms. Fenollosa responded that those structures were not listed in the Cultural Resources Inventory and no hearing was needed. A motion was made and seconded to find the house at 22 Butler Ave. preferably preserved. The vote was 4 -0 in favor. Chairman Kelland explained to the applicant that the demolition delay is at most a year and that a hearing would be scheduled sooner for the applicant to present the written report of the structure's condition. Other Business: Muzzey Condominium Received letter inviting comments as to the proposed cellular communications equipment installation in the cupola of the building. The commission decided not to comment since the Muzzy Condo complex is within the Historic District and subject to HDC review. 22 Forest St . - Received demolition application for a detached garage on the premises. Since the garage is not listed on the inventory no action was taken. Discussion about whether the HC should sent notifications of hearings via certified mail to applicants in order to have documentation of receipt. A motion was made and seconded to appoint Frank Kern clerk of the commission. The vote was 4 -0 in favor. A motion was made and seconded to approve the meeting minutes from the August and September meetings. The vote was 4 -0 in favor. 9:17 p.m. A motion was made and seconded to adjourn.