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2004-08-04 CITY OF BEVERLY Public Meeting Minutes BOARD: Historic District Commission SUBCOMMITTEE: DATE: August 4, 2004 BOARD MEMBERS PRESENT: James Younger, John Frates, Matt Lewis John Condon, BOARD MEMBERS ABSENT: William Finch OTHERS PRESENT: Leah Zambernardi RECORDER: Leah Zambernardi Mr. Younger calls the meeting to order at 7:00 p.m. 1. Certificate of Appropriateness/ Sean & Michele Devlin/ 36 Front Street Mr. Younger states that this is a request to remove the flat roof on the rear addition and to replace it with a gable roof. He asks Mr. Devlin to present his plans. Mr. Devlin shows plans to the Board and states they are simply reconfiguring the roof. Ms. Zambernardi asks Mr. Devlin to explain why they are replacing the roof. Mr. Devlin states that the flat roof is in poor condition and needs to be replaced. His children's' room is under the roof and he fears this is becoming a safety hazard. He states that the gable roof will hold snow better. He states that he would be installing 4 Brosco wood windows with 6 over 6 sash. He adds that he feels these windows are not energy efficient. Mr. Younger asks the public if anyone would like to speak in favor of this petition. Ms. Kathleen Nelson of 12 Davis Street states she is in favor of this petition because it would improve the health and safety of the Devlin's children and it would be an improvement to the neighborhood. Mr. Younger asks the public if anyone would like to speak in opposition to the petition. Ms. Kate Corbett of 38 Front Street states she has not yet seen the plans. She takes a moment to review the plans. Ms. Corbett asks what the slope of the roof would be. Building Commissioner Bob Nelson states he is there to answer any questions on building code issues. He states there is a health and safety threat with this building and that he could issue a permit on this basis. He states that there would be a 7 percent pitch. Ms. Corbett states that the new slope would affect her property as her house is very close to the Devlin's house. She asks if there would be gutters on the roof and if they would be wood with downspouts. Mr. Younger states that gutters are not shown on the plan. Ms. Corbett asks if this proposal would trigger a variance because they are increasing a nonconforming structure. Mr. Nelson states that the petitioners are not increasing building footprint or usable floor space. They can go up to 35 feet in height without needing a variance. Mr. Nelson adds that there are structural and mold issues and the roof has been compromised for the last 20 years or so. Ms. Corbett asks if there would be walking space in the gable. Mr. Devlin states that the gable would be connected to the Historic District Commission Meeting Minutes – August 4, 2004 Page 2 main house but there would be no walking space. Ms. Corbett states that there is a larger issue of existing violations of the Historic District Commissions regulations with this property and she asks how the Commission could grant a Certificate of Appropriateness for a property that is not in compliance. Mr. Nelson states that this petition should be looked at for its merits alone. Past violations should not be a consideration in this decision. Mr. Younger states he feels that past violations could be taken into account with a new decision and that the Board could make compliance to remedy old violations a condition of approval. He asks Commission members for their thoughts. Mr. Frates thanks Mr. Devlin for coming forth to the Board with this request. He asks Mr. Devlin if he knows what these violations are that Ms. Corbett is talking about. Mr. Devlin states that he does not know. Mr. Younger asks Ms. Zambernardi if she can recall any violations. She states that she is not aware of any violations that occurred in the past two years she has assisted the Board. She recalls that there was mention at a prior meeting of an issue with a window in the garage that occurred sometime before she started working for the City. Mr. Devlin states that there were issues when the Corbetts were installing a fence, and that may be what Ms. Corbett is talking about. Mr. Frates states that if violations exist, they should be addressed before any new Certificate of Appropriateness is granted. Ms. Zambernardi states that another option would be to take up this Certificate of Appropriateness on its own merits and to pursue the violations separately. Mr. Devlin objects to considering past violations. Mr. Devlin asks where in the Commission's Rules and Regulations this is addressed. Mr. Younger states the Commission needs more information to make an informed decision and he would like staff to compile a list of the violations. Mr. Condon states the City Solicitor should be asked his opinion on whether the Commission can consider past violations in making a decision on this Certificate of Appropriateness. Mr. Frates makes a motion to table this matter until the Commission can obtain a list of violations and in order to get an opinion from the City Solicitor on how the Commission can address those violations, if it so chooses. Mr. Condon seconds the motion and it passes unanimously. 3. Approval of Minutes Mr. Lewis makes a motion to accept the minutes of the Commission's meeting of June 30, 2004. Mr. Frates seconds the motion and it carries unanimously. 4. New/Other Business a. Ms. Zambernardi states that 2 applications for demolition permits and 1 application for a Certificate of Appropriateness have been received. She asks members if they are available to meet on Wednesday, September 1, 2004. Commission members are available. Meeting adjourned at 7:30 pm. Historic District Commission Meeting Minutes – August 4, 2004 Page 2