Historic District Commission Minutes 01/03/2013 ADOPTED

HISTORIC DISTRICT COMMISSION MINUTES
JANUARY 3, 2013
REGULAR MEETING

I. ROLL CALL

Commission members present were HRH Chairman Ken Feder, Betty Woollacott, Marc Lubetkin, Denise Alfeld, and Jonathan Laschever.  Chairman Feder called the meeting to order at 7:32 p.m. in the Main Meeting Room.  Also in attendance were Lynn Charest, Zoning Enforcement Officer, and Janis Prifti, Commission Clerk, and other interested parties. 

II. APPOINTMENT OF ALTERNATES

Chairman Feder appointed Commissioner Lubetkin to serve for Diane Mead and Commissioner Laschever to serve for Dave Freitas.

III. PUBLIC HEARING(s), DISCUSSION AND POSSIBLE VOTE

None.

IV. DISCUSSION ITEMS

a. Election of Officers

Ms. Charest read from the HDC Rules and Procedures that, "Alternate members shall not participate in any election of officers."  Chairman Feder stated all officers will continue in current positions until an election takes place.

Commissioner Woollacott made a motion to defer election of officers.  Commissioner Alfeld seconded the motion, and it was passed unanimously.

b. Next newsletter

Commissioner Lubetkin acknowledged receiving material, but has neither had opportunity to work on it nor access currently to the Publisher software program.  Regarding the estimated time of publication, Commissioner Lubetkin indicated a spring timeframe is planned.  Chairman Feder has provided draft material on the death of Russell Means with a photo of the marker, and also something about HDC's role.  Commissioner Alfeld discussed an acquaintance whose family owned Connie Caldera's property and he has all the old plot plans, building designs, drawings, etc.; the house was a stucco Italian style that burned down.  Chairman Feder suggested inviting him to talk to the Commission about his recollections.  Commissioner Woollacott was familiar with the property and also recalled incidents during the 1955 flood which Chairman Feder requested she write about for the newsletter. 

c. Discussion of policy concerning property owners' use of proxies for the meetings in which their COA's are discussed

Chairman Feder said the function of this Board is to collaborate with property owners about their ideas, and offer the expertise of the board's members.  He said the contractor representing the owner at the last meeting resulted in the Commission not having the opportunity to educate the homeowner, who was not present.  The Commissioners noted the homeowner not being present negates consideration of alternatives with Commission input.  Regarding requiring a property owner to be present, Ms. Charest discussed that with Mr. Peck who felt an application cannot be refused on that basis.  She provided the Commissioners with a copy of language the Conservation Commission uses that, "THE APPLICANT AND/OR AUTHORIZED AGENT SHOULD ATTEND THE CONSERVATION COMMISSION/INLAND WETLANDS & WATERCOURSES AGENCY MEETING IN ORDER FOR A DECISION TO BE RENDERED.  IF APPLICANT OR AGENT DOES NOT ATTEND, AND QUESTIONS ARISE, DECISION ON APPLICATION MAY BE DEFERRED OR DENIED."  The Commissioners discussed having a formal policy to talk with the homeowner and deferring a vote until they talk with the homeowner.  Ms. Charest said this language could become part of the application.  She will get clarification of an "authorized representative" from legal counsel.  The Commissioners agreed that, "The function of the Commission is to collaborate with property owners.  It is in the best interest of the property owner to attend the meeting where their COA is being addressed.  If the Applicant does not attend and questions arise, it may result in the Application being deferred or denied."

Commissioner Woollacott made a motion to incorporate the language that:  The function of the Historic District Commission is to collaborate with property owners.  It is in the best interest of the property owner to attend the meeting where their COA is being addressed.  If the Applicant does not attend and questions arise, it may result in the Application being deferred or denied.

Commissioner Alfeld seconded the motion.

Commissioner Alfeld suggested the Application indicate the name of the person who will attend the meeting.  Ms. Charest tries to get the name at the counter when they apply.  Commissoner Alfeld suggested sending a letter acknowledging receipt of the Application and advising them of the requirements.  Ms. Charest said that she provides them with a packet.  Chairman Feder said once the property owner is informed of requirements, it is their responsibility to be prepared.  Commissioner Lubetkin suggested an across-the-board Town policy that when an application is submitted for approval, there are certain steps with guidance.  Ms. Charest said when an application is accepted, the property owner has to sign and name who will represent them.  Chairman Feder said if the representative cannot answer Commission questions, a decision on the application may end up being deferred.  The Commissioners discussed the urgency conveyed to them by the contractor to approve Application #12-12 at the 11/1/2012 meeting and agreed that should not be the main criteria for a decision.  The Commissioners further discussed issues surrounding windows in historic homes.

The Commissioners discussed the problem of approvals given, but then a structure different than what was approved is built.  Ms. Charest will take a look at a barn structure in question.  Commissioner Lubetkin asked if structures are built in violation of HDC's approval or do not meet the 1-year deadline, what is the recourse, as the Town does not appear to take action.  Ms. Charest said she could ask Attorney DeCrescenzo to talk to the Commission about both specific and general examples, will investigate further, and agreed to provide the Commissioners with copies of her written requests.  Commissioner Lubetkin noted the Commission has the legal ability to impose $100/day fines and the State historic laws have even stiffer penalties.

The motion was passed unanimously.

V. OTHER MATTERS AS MAY PROPERLY BE BROUGHT BEFORE THE COMMISSION

Ms. Charest confirmed mylars for the 3 Ellsworth property plots have been placed in the file. 

VI. APPROVAL OF MINUTES of November 1, 2012

On Line 80, the word "almost" is inserted following the word "offers".

On Line 90, the words "is being" are deleted, and the word "should" is inserted in their place.

Commissioner Lubetkin made a motion to accept the November 1, 2012 meeting minutes as amended.  Commissioner Alfeld seconded the motion, and it was passed unanimously.

VII. ADJOURNMENT

Commissioner Laschever made a motion to adjourn the meeting at 8:20 p.m.  Commissioner Lubetkin seconded the motion, and it was passed unanimously.

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