Historic Preservation Commission Hearing and Workshop – December 9, 2021

The City of Frederick Historic Preservation Commission convened virtually on December 9, 2021, at 6:00 PM for a public hearing and workshop. The meeting included approval of prior minutes, election of a vice chairman, review of four hearing cases (two requiring only contributing‑resource determinations and two requiring full approval), and workshop discussions on two additional rehabilitation projects. All cases were considered under the Frederick Town Historic District Design Guidelines and the Secretary of the Interior’s Standards.

Minutes Approval & Administrative Business

• November 10, 2021 Hearing Minutes – Approved unanimously (7‑0).
• November 10, 2021 Workshop Minutes – Approved unanimously (7‑0).
• Administrative Approval Report – Staff reported 26 administrative approvals in November. No vote required.
• Election of Vice Chairman – Commissioner Albee was elected Vice Chairman unanimously (7‑0).

Public Comments & Testimony

No public comments were received on any agenda item. At the conclusion of the hearing, a citizen comment period was held with no callers.

Discussion Items (Hearing Cases)

HPC21‑882 – 28 W. 7th Street (Landscape, fencing, garden structures)

• Applicant/Agent: Gerry & Victoria Stephens; Sharon Poole, agent.
• Proposal: Remove concrete walkway and install brick walkway; remove a ginkgo tree (documented as dead/dying/hazardous by a licensed tree expert); install a 12‑ft × 21‑ft rear patio, two cedar arbors, two planter boxes with trellises, a metal gate with flagstone walkway, and modify an existing rear stoop.
• Staff Position: Recommended approval with conditions: (1) arbors must be painted/stained with a solid opaque finish; (2) rear stoop decking must be wood tongue‑and‑groove or a composite that replicates traditional tongue‑and‑groove appearance (product info to staff for approval); (3) if railing altered/replaced, new railing must be wood or composite with traditional details and muted finish; (4) all fences installed with finished side outward.
• Commission Discussion: Commissioners expressed general support for the non‑historic property, noting the tree removal was justified by the expert assessment and that mature trees would be replaced. Use of non‑traditional materials was not seen as impairing the historic district.
• Vote: Motion to approve with staff’s conditions passed unanimously (7‑0).

HPC21‑1249 – 226 E. Church Street (Stair rehabilitation)

• Applicant/Agent: Theresa Michel; John Ashbury, agent.
• Proposal: Replace and reconfigure wooden stairs at the first‑floor side porch of a contributing resource. Proposed use of pressure‑treated wood for decking, risers, treads, and railing.
• Staff Position: Recommended approval with conditions: (1) railing must be constructed of non‑pressure‑treated wood; (2) landing platform must be trimmed with non‑pressure‑treated wood. Staff noted pressure‑treated wood is acceptable for ground‑contact elements but should not be used for more visible railing.
• Commission Discussion: Commissioner DePetro inquired about the choice of pressure‑treated wood; the applicant indicated willingness to consider alternative wood types. No other concerns raised.
• Vote: Motion to approve with staff’s conditions passed unanimously (7‑0).

HPC21‑1322 – 146 W. Patrick Street (Partial demolition)

• Applicant/Agent: David Callan; Brian Bradfield, agent.
• Proposal: Demolition of a rear covered porch, rear dormer, chimney, and front entry stoop. The replacement plan was to be reviewed under separate case HPC21‑1229. Under §423E, the commission’s first hearing required a contributing/non‑contributing determination only.
• Staff Position: Recommended finding the building (constructed c. 1873‑1887) a contributing resource to the historic district, as it was built within the period of significance and retains original form.
• Commission Discussion: No questions or objections. The applicant agreed with staff’s recommendation.
• Vote: Motion to find the property a contributing resource passed unanimously (7‑0). The demolition vote will be held at a future hearing.

HPC21‑1326 – 342‑344 W. Patrick Street (Partial demolition)

• Applicant/Agent: David Gordon Staub; Amrit (Ava) Khalsa, agent.
• Proposal: Partial demolition of a late‑20th‑century rear addition on a resource dating from c. 1840. Replacement plan to be reviewed under HPC21‑1327. Again, first hearing required only contributing/non‑contributing determination.
• Staff Position: Recommended finding the property a contributing resource, noting it is a good example of a vernacular Federal‑style dwelling.
• Commission Discussion: Brief discussion; no objections.
• Vote: Motion to find the property a contributing resource passed unanimously (7‑0). Demolition vote will be held at a future hearing.

Workshop Items (No Votes; Guidance Only)

HPC21‑1324 – 14 N. Market Street (Rehabilitation)

• Applicant/Agent: Jonathan Kapneck; Christopher Kapneck.
• Proposal: Remove remaining marble tile facade (partially removed as an emergency measure due to bowing and damage), repair underlying brick, and install a polyurethane cornice. The building is a 1948 commercial structure with a streamline modern aesthetic.
• Staff Position: Opposed the proposal because the marble cladding is a character‑defining feature. Urged replacement in kind or use of substitute materials (e.g., stucco, composite panels) that maintain a smooth, sleek appearance. Noted that exposing the brick substrate and adding a cornice would introduce an undocumented faux‑historical feature.
• Applicant’s Position: Safety concern – tiles could fall again; attempts to source replacement marble or find skilled contractors were unsuccessful (contacted 17 vendors). Preferred to expose the brick and repoint it, which they considered safer and consistent with nearby historic buildings.
• Commission Guidance: Several commissioners (Seibert, Albee, DePetro) expressed strong preference for preserving or replicating the modern aesthetic. Commissioner Seibert offered to provide a list of specialized architectural stone contractors. Commissioner Albee stated the standard for proving unavailability of materials or skilled craftsmen is high, and the applicant must provide professional documentation. Staff will share contractor leads with the applicant. No vote taken; application to be resubmitted with additional evidence.

HPC21‑1327 – 342‑344 W. Patrick Street (Rehabilitation)

• Applicant/Agent: David Gordon Staub; Amrit (Ava) Khalsa, agent.
• Proposal: Rehab at rear of contributing resource (c. 1840), primarily on a 1980s addition: modify window openings for steel doors, small second‑floor expansion, remove metal awning, build a large second‑floor composite deck for egress and communal outdoor space, and re‑clad the addition with fiber‑cement or vinyl siding.
• Staff Position: Raised concerns about the deck (generally not approved in historic district) but noted its limited visibility from Patrick Street and its location against a non‑historic addition. Steel doors are atypical but may be considered case‑by‑case. Recommended fiber‑cement siding over vinyl.
• Applicant’s Position: The deck is needed to serve three second‑floor apartments and provide fire egress; it would not extend beyond the existing metal awning’s footprint. Open to wood doors, composite decking with tongue‑and‑groove appearance, and fiber‑cement siding.
• Commission Guidance: Mixed views on the deck. Commissioner Bailey thought the deck might be acceptable as a deviation given its secluded location and context; Commissioner DePetro noted it would be visible from Steiner Way. Commissioner Hart suggested a pergola‑style roof. Commissioners did not reach consensus but generally felt the deck could be approved if accompanied by a convincing replacement plan. The applicant was advised to refine the design (possibly adding a roof or reducing size) and resubmit. No vote taken.

Key Outcomes

• All four hearing cases were processed: two full approvals (with conditions) and two contributing‑resource determinations (demolition votes deferred).
• Commissioner Albee was elected Vice Chairman.
• Applicants for workshop items received guidance and were encouraged to resubmit with additional information by January 3, 2022, for the January 13, 2022 hearing.
• The meeting adjourned after the workshop; next regular meeting scheduled for January 13, 2022.