Historic Preservation Commission Special Hearing – November 21, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Historic Preservation Commission Special Hearing – November 21, 2023
This special hearing of the City of Frederick Historic Preservation Commission (HPC) considered a single application: a proposed Historic Preservation Overlay (HPO) zoning map amendment for the property at 136 East South Street. The application arose from a demolition review that triggered an evaluation of the property's eligibility for individual historic designation. After a detailed staff presentation and commissioner discussion, the HPC voted 4-1 not to recommend the overlay, determining that although the property is a contributing resource within the Frederick National Register Historic District, it lacks the integrity and individual significance required for separate HPO protection.
Staff Report & Presentation
- Christina Martinkosky, Historic Preservation Planner, presented the staff report and entered supporting materials into the record.
- The property, a single-family brick dwelling built between 1897 and 1904, is located at the former Winchester Brickyard subdivision. It is currently zoned mixed-use and lies within the Frederick National Register Historic District (an honorary designation) but outside the City's local Historic Preservation Overlay zone.
- The HPO overlay would require HPC review of all exterior alterations, including demolition. Staff evaluated the property against the Land Management Code criteria for individual designation: at least 50 years old, retention of historic integrity, and historic significance.
- Martinkosky noted the dwelling retains its form, location, setting, feeling, and association, but has lost key character-defining features: chimneys partially demolished and capped, original 2-over-2 windows replaced, decorative wooden elements lost, transom infilled, rear porch and front stoop modified with non-historic materials, and vinyl siding on the rear block.
- Citing the National Park Service’s best practices for “common resources,” staff concluded the dwelling lacks the high integrity needed for individual distinction and that many better-preserved examples of this urban vernacular building type exist in Frederick. The property’s significance is best interpreted as part of the broader historic district and brickyard subdivision context, not individually.
- Staff recommendation: Do not adopt a resolution supporting the proposed HPO zone for 136 East South Street.
Commissioner Discussion
- Commissioner Paul Fitzgerald stated that the structure, while representing vernacular architecture, is not distinguishable from similar buildings elsewhere and has undergone integrity-compromising alterations (e.g., chimney removal, window/door replacement, aluminum trim, non-historic gutters and roofing). He noted that even if the overlay were approved, there would be no requirement for the owner to restore historic materials.
- Commissioner Anne Hart expressed a different view, arguing that smaller homes like this deserve protection to prevent a historic district limited to wealthy residents, that the standalone character is special, and that demolition would negatively impact the adjacent historic district—especially given the proposed redevelopment (26 residential units with commercial space) and resulting parking pressures. She stated she found it impossible to evaluate the home without considering what would replace it.
- Commissioner Blair Wilson (via Zoom) noted that the subdivision intentionally continued the historic fabric, and that it was unfortunate the block was excluded from the original HPO in the 1970s. However, under current code, they agreed the property does not meet the individual designation threshold.
- The commission acknowledged that the owner has not proposed any specific preservation plan and that a contributing resource status alone does not confer individual protection.
Key Outcomes
- Motion (by Commissioner Fitzgerald, seconded by another commissioner): That the HPC not recommend adoption of a resolution to support the proposed HPO zone for 136 East South Street (HPC Case #23-1200ZMA), based on lack of historic integrity and individual distinction.
- Vote: 4 in favor (Commissioners Fitzgerald, Van Rens, Hart, Saller) – 1 opposed (Commissioner Wilson). The motion carried.
- Next steps: The HPC’s recommendation will be forwarded to the Planning Commission and ultimately to the Board of Aldermen, which has final approval authority over zoning map amendments. The property remains eligible for redevelopment under its current mixed-use zoning, subject to other applicable regulations.
Meeting Transcript
Good evening. I'd like to call to order this special hearing of the City of Frederick Historic Preservation Commission for Thursday, November 21st, 2023. The technical qualifications of the Commission and staff are on file with the City of Frederick and are made a part of each and every case before the Commission. This Frederick City Historic Preservation Commission uses the guidelines adopted by the mayor and board of Alderman and the Secretary of the Interior Standards for Rehabilitation, published by the U.S. Department of the Interior National Park Service, and these guidelines are made a part of each and every case. All cases were duly advertised in the Frederick News Post in accordance with Section 301 of the Land Management Code. Introductions this evening. On my left, the audience's right is uh the HPC Administrative Assistant Shannon Piles. Uh joining us via Zoom are Commissioners Blair Wilson and Eva Soller. And then again, proceeding from my left, the audience is right. Commissioner Paul Fitzgerald, myself, Commissioner Robert Van Rennes, Commissioner Ann Hart, Historic Preservation Planner Christina Martin Koskey, and Assistant City Attorney Michael Frye. Anyone who has business before the commission this evening, please rise and be sworn in. All applicants and authorized agents. If so, answer I do. I do. Thank you. It is the purpose of the Historic Preservation Commission to safeguard the historical and cultural heritage of the City of Frederick by preserving the sites structures or districts that reflect the elements of cultural, social, economic, political, archaeological, or architectural history, to stabilize and improve property values of such sites, structures or districts, to foster civic beauty, to strengthen the local economy, and to promote the preservation and appreciation of such sites structures and districts for the education and welfare of the residents of the City of Frederick. In order to be eligible to vote on an application, a commissioner must have made the required site visit and attended any and all meetings at which such an application was discussed. In the event that a commissioner is absent from any such meeting, the commissioner may satisfy the attendance requirement by reviewing the record of that meeting. That being said, are there any commissioners with statements of eligibility? Seeing none, uh, let's move on. I see I don't see on the agenda any announcements this evening. That's correct, yes. All right. Um, nor do we have any minutes to approve. So we will actually move straight on to our one case this evening. So um moving on to HPC 231200 ZMA 136 East South Street. Ms. Martin Koskey, take it away. Thank you. I want to uh enter the entire staff report and an associate attachments into the record. This is the Historic Preservations Commission's application for a historic preservation overlay zoning map amendment for 136 East South Street. The property is located within the 1894 subdivision of the former Winchester Brickyard. The property features a single-family brick dwelling that was constructed sometime between 1897 and 1904. Uh in response to a demolition review application, which provides the Historic Preservation Commission an opportunity to review the level of significance of the property and to determine uh if the site is individually eligible for a historic preservation overlay according to the criteria outlined in section 423 at the land management code. The property is currently zoned for mixed use, and with the proposed zoning map amendment, the base zoning remains. However, any exterior alterations, including demolition, will be reviewed and approved by the will require review and approval by the Historic Preservation Commission before any permitting could be obtained. The National Park Service states that it's best to consider the entire eligible property when possible. The property, the proposed boundary for this historic preservation overlay consists of the entire lot at 136 East South Street, which consists of approximately one tenth of an acre of land and two buildings. The image that you see on the screen now illustrates the boundaries highlighted in green. The building is located inside the Frederick National Register Historic District, a type of honorary distinction that is not tied to zoning or historic preservation commission review. It offers no sort of protection from private investment that calls for its demolition or alteration. At 136 East South Street, the garage and dwelling were reviewed as separate resources for the National Register District. And that the recent eligibility form that was completed identifies the dwelling as a contributing resource. However, the garage, which has been greatly altered, is a non-contributing resource. One question that was brought up at the November hearing was why this area was excluded from the overlay in the first place. And although I couldn't find any particular minutes or any writings to really specify, the zoning maps and national register maps provide really great clues. And when the overlay was map was created in 77, it really borrowed significantly from the National Register boundaries, and it was excluded from the National Register boundary, and it was excluded from that 1977 boundary that the city created. And since that was created, it never extended further east on South Street to include the Winchester Brickyard area. For a zoning map amendment, the Board of Ottoman has approved has final approval to designate boundaries of sites and structures of historic, archaeological or architectural significance by establishing a historic preservation overlay zone.
openpublica.com