2003-04-08Historic District Commission
Meeting Minutes – April 8, 2003
Page 1
CITY OF BEVERLY
Public Meeting Minutes
BOARD: Historic District Commission
SUBCOMMITTEE:
DATE: April 8, 2003
BOARD MEMBERS PRESENT: William Finch, Matt Lewis, James Younger, John
Condon & John Frates
BOARD MEMBERS ABSENT:
OTHERS PRESENT: Leah Zambernardi, Assistant Planning Director
RECORDER: Leah Zambernardi
Mr. Finch calls the meeting of the Historic District Commission to order at 7:00 p.m.
1. Appeal to Superior Court – Front Street Condo Trust, 61-63 Front Street
Mr. Finch updates the Board on the appeal of a Certificate of Appropriateness issued by
the Commission on August 1, 2002 for Front Street Condo Trust. Mr. Finch reminds the
Board that the Certificate of Appropriateness was for an application by George and Judith
Papagelis to replace windows on the east elevation of the property. They proposed to
install vinyl-clad windows in a contemporary configuration. The Commission issued a
Certificate of Appropriateness on the condition that the windows be wood, single-glaze
thru muntin sash windows and frames and that the triangular windows be eliminated from
the configuration. The Papagelis installed the vinyl windows in a contemporary
configuration and appealed the decision of the Commission. In late March, a judge ruled
to uphold the decision of the Commission. Members have been brought here tonight to
decide what action should be taken. Should the Commission decide to hold the applicant
to the conditions of the Certificate of Appropriateness, it should determine a deadline for
the work to be completed.
Mr. Younger states that the Commission should hold the applicants to the conditions of
the Certificate of Appropriateness (C. of A.). Commission members discuss agree that it
would not be appropriate for the Commission to suggest design alternatives. Mr. Finch
notes that in the last paragraph of the C. of A., the Commission recognizes that the pre-
existing agglomeration of windows was awkward. It states that the Commission would
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Meeting Minutes – April 8, 2003
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be open to reviewing other proposals for a configuration of windows should the
applicants propose them. Mr. Finch clarifies that holding the applicant to the stipulations
of the C. of A. would allow the applicants opportunity to present new plans for the
windows should they wish to propose them.
Ms. Zambernardi states that at the court hearing, the Papagelis’ attorney requested that
the Commission allow them some time to fix the windows, as Mrs. Papagelis is the only
working member of the family. Mr. Younger states that a six-month period would be
acceptable, so that the project would occur within this year’s construction season.
Younger: Motion to compose a letter to the Papagelis in response to the recent court
ruling which requires them to adhere to the stipulations of the April 1, 2002 Certificate of
Appropriateness for property at 61 Front Street and that work should be completed within
this year’s construction season. Seconded by Lewis. Motion carries (5-0).
2. 63 Front Street – Installation of Windows
Mr. Finch states that condo owners, Christopher and Mary Kaddaras at 63 Front Street
recently installed windows without obtaining a building permit or a Certificate of
Appropriateness. He explains that the Kaddaras live in the same building as the
Papagelis at 61 Front Street. The windows in question were installed on the same
elevation as the windows that were subject to the Certificate of Appropriateness for 61
Front Street. Mr. Finch states that with the recent court hearing, it is appropriate at this
point to pursue this matter.
Mr. Younger asks if the Kaddaras have been contacted regarding this matter. Ms.
Zambernardi states that several letters have been sent to the Kaddaras with minimal
cooperation. This matter was referred to the City Solicitor’s office and the Solicitor did
not take action due to the court hearing. He is in concurrence that this matter should now
be pursued. She states that she is looking for some guidance as to the specific actions
that should now be taken.
Mr. Finch states that the Kaddaras should be asked to file a complete application for a
Certificate of Appropriateness describing what was in place immediately prior to removal
and what has been installed.
Younger: Motion to compose a letter requesting that the Kaddaras file a complete
application for a Certificate of Appropriateness. Seconded by Lewis. Motion carries (5-
0).
2. Other Business
Mr. Finch provides an update on the issue of the Soldiers and Sailors Monument at
Monument Square. He states that at the City Council hearing on this matter, the Council
referred the request back to the Mayor’s office to get additional information on the cost
and procedure of moving the monument.
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Meeting Minutes – April 8, 2003
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3. Adjournment
Condon: Motion to adjourn. Seconded by Younger. Motion carries (5-0).
The meeting adjourns at 7:45 p.m.