12/03/2020 Historic District Commission Minutes

Historic District Commission
TOWN OF SIMSBURY, CONNECTICUT
REGULAR MEETING MINUTES
Thursday, December 3, 2020 at 7:00 P.M.
Zoom Meeting/Simsbury Community Television Live Stream

I. CALL TO ORDER

The Regular Meeting of the Historic District Commission was called to order at 7:01 P.M. via Zoom Meeting/Simsbury Community Television Live Stream. Also in attendance was Thomas Hazel, Code Compliance Officer; Laura Barkowski, Land Use Specialist; and other interested parties.

II. ROLL CALL

Commission members present were Julie Carmelich, Marguerite Carnell, Heather Goetz, Patty Hyyppa, Dianne Mead and Peter Adamowicz.

1. Appointment of Alternates
Ms. Carnell appointed Mr. Adamowicz as an alternate for the meeting.

Attorney Donahue asked for the Commissioners would state their name and address for the record.

Julie Carmelich-46 Icabod Road, Marguerite Carnell - 33 Seminary Road, Heather Goetz-72 East Weatogue Street, Patty Hyyppa- 42 East Weatogue Street, Dianne Mead – 73 East Weatogue Street and Peter Adamowicz -5 Humphry Street

Discussion ensued over the seating of the Alternate and the Public Hearing proceeded with only the regular members seated.

III. APPLICATIONS
1. Public Hearing
a) Application #20-07CRS Landscape & Excavation, Applicant; Marshall Epstein, Owner for a Certificate of Appropriateness to dismantle an approximately 30’x 80’ barn on the
property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108 Lot 003).
Zone R-40.

2. Discussion and Possible Action
a) Application #20-07CRS Landscape & Excavation, Applicant; Marshall Epstein, Owner for a Certificate of Appropriateness to dismantle an approximately 30’x 80’ barn on the
property located at 25 East Weatogue Street (Assessor’s Map H14, Block 108 Lot 003).
Zone R-40.

Ms. Carnell read the application and reconvened the public hearing.

T.J Donohue, Attorney, representing Rosedale Farms, introduced himself. He also introduced Marshall Epstein, Proprietor, Operator and Farmer of Rosedale Farms and Jeremy Vearil, a contractor who has been engaged for the demolition of the barn. He discussed this is continuation of public hearing of November 5, 2020 and referenced the minutes from the previous meeting. It was noted that the public hearing was left open for the input of the building official pertaining to the structural soundness of the subject structure. Staff report relayed the findings to which the applicant’s counsel was in agreement with and requested that the Commission find that the removal of the structure is appropriate due to the condition of the structure and cost of repair.

Ms. Carnell noted that the staff report was brief and that she has several questions pertaining to the findings and the structural deficiencies mentioned therein.

Mr. Hazel indicated that Mr. Miga’s findings are fairly clear on the orientation and condition of the structure and its ability to withstand long term. As to the history of the structure, Mr. Hazel deferred to the owner or applicant.

Ms. Carnell referenced the November 5th minutes stating Mr. Miga would be present to answer questions and a special meeting would be called with respect to the condition of the barn. Mr. Donahue indicated his recollection was that Mr. Glidden would call for a special meeting should the condition of the barn pose an immediate clear and present danger.

Ms. Carnell inquired if Mr. Miga has certified the official findings with respect to the condition of the barn. Mr. Hazel indicated the findings are reflected in the staff report.

Ms. Carmelich requested more information on the temporary shoring referenced in the staff report. Mr. Vearil reported that he is unaware of any temporary shoring done on that structure. Mr. Epstein indicated shoring work was completed approximately thirty years ago.

Ms. Mead indicated that the public hearing was kept open so that the building official could inspect the barn and they have now received his input and would like to proceed. Ms. Goetz and Ms. Hyppa expressed agreement with Ms. Mead’s comment.

Ms. Carmelich indicated that she does not have adequate information to proceed. A report was requested and the findings lacked photographic evidence and included editorial information that appears to be contradictory. Ms. Carmelich stated that value or cost of repair should not be a measure by which they evaluate resources according to ordinance or state enabling statute.

Ms. Mead voiced concern over not taking cost into consideration. Ms. Carmelich expressed concern of “demolition by neglect.” Ms. Goetz stated that an argument could be made against neglect since a previous application was received for this barn to install a standing seam roof. Ms. Carmelich indicated although standing seam metal roofs are historic they are not appropriate for the district. Ms. Carnell further noted that the applicant was provided two alternatives, one being more cost effective than the metal roof and the applicant choose not to proceed.
Mr. Donahue expressed that the public hearing should be closed. Ms. Carnell inquired if Mr. Adamowicz had questions. Mr.Adamowicz inquired as to Mr. Miga’s absence. Mr. Hazel explained that Mr. Miga was not available.

Ms. Carnell opened the public hearing for public comment. Chad Alfed of 26 East Weatogue Street voiced a support of the certificate of appropriateness. Mr. Alfed stated that the barn being built in 1955 falls outside of what the historic district originally intended to preserve and not necessarily a historic structure. He further explained he does not believe it is incumbent on any property owner to have to maintain a building. He further stated if the building is in disrepair as determined by town professional it should come down. He further voiced his belief that it is appropriate for the barn to be dismantled due to its disrepair.

Upon no further Commission or public questions or comment Ms. Carnell closed the public hearing.

Ms. Carnell noted that historic district commissions have no authority to require maintenance or repair of an existing building or structure. Ms. Carnell voiced her belief many of the questions remain unanswered and inquired if this will referred to state historic preservation office unless the building official certifies unsafe and dangerous conditions that threaten public safety . Ms. Carmelich affirmed that it is her belief it will be referred with a 90 day delay in demolition to give the office an opportunity to investigate alternatives.

Discussion ensued pertaining to the staff report.

Commissioners were polled with respect to a motion to deny the motion without prejudice to gain time to answer questions and possibly engage in obtaining professions to speak on the structural soundness of the barn. Mr. Hazel cautioned the Commission for a denial for continuation. The Commissioners were polled Ms. Mead, Ms. Goetz and Ms. Hyyppa voiced they would like proceed with a vote. Ms. Carmelich indicated her belief that she does not have sufficient information to make a decision. The applicant requested a vote.

MOTION: Ms. Carnell made a motion to approve Application #20-07 Owner for a Certificate of Appropriateness to dismantle an approximately 30’x 80’ barn on theproperty located at 25 East Weatogue Street 3-2-0 Motion passed.
Ayes: D. Mead, H. Goetz, P. Hyyppa
Nays: M. Carnell & J. Carmelich

IV. GENERAL COMMISSION BUSINESS
1. 2021 Meeting Schedule
Ms. Mead inquired if they should keep the meeting in August scheduled.

MOTION: Ms. Carnell made a motion to adopt the 2021Meeting Schedule All were in favor and the motion passed unanimously.

V. APPROVAL OF MINUTES of the November 5, 2020 Regular Meeting
The following changes were made to the November 5, 2020 Regular Meeting minutes:
• Under Page 1, Correct the applicant’s legal counsel name to read Thomas J. Donahue
• Under Page 2,Second to last sentence should read, “Ms. Carnell asked if the farms businesses model had changed.”
• Under Page 5, 6th paragraph should read: “Ms. Carnell said the decision to not replace the roof or do any repairs on the barn for the past three years is the reason for the continued deterioration of the barn. “

MOTION: Ms. Carnell made a motion to approve the Minutes from the November 5, 2020 Regular Meeting as amended. Ms. Mead seconded the motion. All were in favor and the motion passed unanimously.

APPROVAL OF MINUTES of the November 12, 2020 Special Meeting

MOTION: Ms. Carnell made a motion to approve the Minutes from the November 12, 2020 Special Meeting as submitted. Ms. Mead seconded the motion. All were in favor and the motion passed unanimously.

VI. ADJOURNMENT

MOTION: Ms. Carnell moved to adjourn the meeting at 8:09 P.M. Ms. Mead seconded the motion and it passed unanimously.