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Record of Proceedings

Wilmington Historic Preservation Commission Meeting – April 8, 2021

Historic Preservation CommissionThursday, April 8, 2021
BodyWilmington, North Carolina
SessionHistoric Preservation Commission
DateThursday, April 8, 2021
StatusFILED
Video Record

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Transcript — Verbatim
0:45

There we go.

0:46

Good.

0:47

All right.

0:47

Welcome everybody to the uh April 8th, 2021 Historic Preservation Commission.

0:52

Hearings before the historic preservation commission are quasi-judicial judicial nature.

0:56

This is a design review process to determine if the proposed project is congruent with a special character or the historic district or landmark.

1:04

Decisions of the commission are based on the record of these proceedings.

1:06

The Wilmington Design Standards for Historic Districts and Landmarks and the Secretary of Interior Standards for Rehabilitation.

1:13

Evidence submitted to the Commission for review becomes part of the record.

1:16

Appeals of commission decisions are to the Wilmington Board of Adjustment and then the Superior Court and are based on the record.

1:21

Appeals must be filed within 30 days of the date of the commission's action.

1:24

Evidence is received during the evidentiary hearing portion of an agenda item.

1:28

Those who want to address the commission are sworn as witnesses to present material and substantial evidence to the commission.

1:34

The chair recognizes those who want to submit such evidence during the evidentiary hearing.

1:39

Evidence should be directed to the commission to ensure that evidence is properly recorded.

1:43

Please come to the podium in the hall to address the commission, state your name and address, and speak clearly.

1:48

Brief reminder that members of the HPC are appointed by and serve at the pleasure of the city council.

1:53

Our charge is with respect to the protection and preservation of the properties in the city's designated historic district.

1:59

We are hailed to the standards of movington design standards for re for historic districts and landmarks and per applicable North Carolina state law to determine if the exterior changes are congruous with the special character of the city's historic districts.

2:12

It's important that we deliberate the merits of each request in a manner that provides a record as to the basis for a decision.

2:18

Please remember that our deliberations should be centered on how a project meets the design standards and whether the proposed change is congruous or not congruous.

2:26

Commissioners, if you've received or made or been made aware of any outside evidence related to any of the other matters, please recuse yourself.

2:32

At this time, I would like to request that all cell phones be either be turned off or put in silence mode.

2:37

All right.

2:54

Ashley Wilson.

2:56

Michael Smith.

2:57

Marian Causer.

2:58

Rob Romero.

2:59

Joan Keston.

3:00

Christopher Yermel.

3:02

Kathleen Egan.

3:03

Steven Salke.

3:04

Great.

3:04

And I also like to introduce our staff.

3:06

I've got Ivy Freitag.

3:07

We've got uh Christine Hughes.

3:09

You've got Amy Bradshaw, Jeff Jeff's here.

3:12

Yep.

3:12

And there's uh Melissa Huffman, our city assistant city attorney.

3:16

And we've got Greg, our technician for convention.

3:19

All right.

3:20

We would uh like to swear on we've sworn witnesses.

3:22

Is that right?

3:23

They've been sworn.

3:25

Amy's gonna do that right now.

3:36

If I could please have everyone stand who wishes to speak tonight, whether that's applicants, staff, or members of the public, if you could please stand and raise your right hand.

3:46

Do you affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth.

3:53

Thank you.

3:54

Thanks, Amy.

3:55

All right, we'd like to hear from the our staff from the first item.

4:20

The first item is a continued item from our last month's meeting, and the applicant has requested a continuance to a date certain to the May 13th HBC meeting.

4:32

Okay, good.

4:33

We have a motion on that.

4:34

So moved.

4:35

All those in favor signify by saying aye.

4:38

Any opposed?

4:38

That passes.

4:39

Thank you.

4:40

Next one.

5:04

The property is located at 20 North Fourth Street and is within the historic district.

Discussion Breakdown — Share of Meeting
Historic Preservation██████████████████████████████████████████42%
Architectural Preservation██████████████████████████████████████38%
Pending Litigation██████████10%
Procedural█████████9%
Public Art1%
Summary of Proceedings

Wilmington Historic Preservation Commission Meeting – April 8, 2021

A regular meeting of the Wilmington Historic Preservation Commission was held on Thursday, April 8, 2021, beginning at 5:30 p.m. The commission considered five agenda items, including one continued application, three new applications, and one request that was continued to the next meeting. All votes were 9-0. Note: The agenda listed the location as City Council Chambers, Skyline Center, 929 North Front Street, while the minutes and transcript indicate the meeting was held at the Wilmington Convention Center, 10 Convention Center Drive.

Old Business

  • 7 South 2nd Street, Unit 9 (MJW-21-43) – A request to replace four windows on a portion of the second floor, continued from the March 11, 2021 meeting. The applicant requested a continuance to a date certain. The commission voted 9-0 to continue the item to May 13, 2021.

New Business

  • 20 North 4th Street (MJW-21-44) – The applicant, Meade Van Pelt, executive director of the Harrelson Center, requested site improvements including landscaping, a sculpture, a grow wall, directional floodlights, conversion of the community garden space, and removal of a portion of fencing. During the hearing, the applicant modified the request to change the sculpture material from stainless steel to carbon steel. The commission voted 9-0 to approve the request with conditions, including a new condition specifying the carbon steel change. Conditions addressed floodlight placement, root protection for the Japanese maple, compliance with the Land Development Code and State Building Code, and staff review of minor changes.
  • 314 Orange Street (MJW-21-45) – The owner, Jim Luddy, requested after-the-fact approval for alterations to three windows on the side and rear elevations. Staff discovered the work had already been completed during a March 24, 2021 site visit. The applicant stated his contractor “jumped the gun.” The commission voted 9-0 to approve the after-the-fact alterations with conditions, including clear glazing, painting siding to match the house, permit compliance, and staff review of minor changes.
  • 609 Dock Street (MJW-21-46) – The applicant, Fred Myers, proposed window and door alterations to the rear second floor elevation, including removal of an existing door, installation of a four-panel sliding French door, and two new fixed windows. Commissioner Yermal recused himself due to professional knowledge of the project; Vice-Chair Keston noted she lives across the street but did not recuse. Commission members expressed concerns about the amount of glass, the variety of window styles, the modern character of the sliding doors, and the impact on the historic rear elevation. The commission voted 9-0 to continue the item to May 13, 2021, and directed the applicant to work with staff to revise the design.
  • 321 South 3rd Street (MJW-21-47) – The applicant, John Henderson, requested removal of a second-floor window and restoration of siding on a detached garage/accessory dwelling unit. The commission discussed the age of the structure and recommended edge priming and donating the window to a local architectural salvage organization. The commission voted 9-0 to approve the request. The motion stated there were no additional conditions, though the commission encouraged material salvage and edge priming.

Public Comments & Testimony

  • No members of the public presented evidence during the evidentiary hearings. All evidentiary hearings were opened and closed with no outside speakers.
  • Applicants spoke on their own behalf: Meade Van Pelt (20 North 4th Street), Jim Luddy (314 Orange Street), Fred Myers (609 Dock Street), and John Henderson (321 South 3rd Street).

Other Commission Discussion

  • Minutes Process – Commissioner Ron Wilson asked how meeting minutes are captured. Planning Coordinator Amy Bradshaw explained that minutes are not verbatim but are intended to capture substantive comments and that video recordings are also part of the record.
  • Pour Haus Mural / Board of Adjustment Appeal – The commission discussed the Board of Adjustment decision remanding the mural case to the HPC. Assistant City Attorney Melissa Huffman said the applicant intends to appeal the decision to Superior Court and that she was limited in what she could discuss. She explained possible outcomes: the court could uphold the Board of Adjustment decision, remand it, or overturn it. Commissioner Sulkey noted the Board of Adjustment determined the mural was not a sign, and questioned whether a standard for murals would be established. Attorney Huffman said that would depend on the appeal process.
  • Land Development Code – Planning Director Glenn Harbeck stated the draft Land Development Code is scheduled to go before City Council in July 2021.

Key Outcomes

  • Continued to May 13, 2021: 7 South 2nd Street, Unit 9 (9-0) and 609 Dock Street (9-0).
  • Approved: 20 North 4th Street with conditions (9-0); 314 Orange Street with conditions (9-0); 321 South 3rd Street (9-0).
  • The next regular Historic Preservation Commission meeting was scheduled for May 13, 2021.

Meeting Transcript

There we go. Good. All right. Welcome everybody to the uh April 8th, 2021 Historic Preservation Commission. Hearings before the historic preservation commission are quasi-judicial judicial nature. This is a design review process to determine if the proposed project is congruent with a special character or the historic district or landmark. Decisions of the commission are based on the record of these proceedings. The Wilmington Design Standards for Historic Districts and Landmarks and the Secretary of Interior Standards for Rehabilitation. Evidence submitted to the Commission for review becomes part of the record. Appeals of commission decisions are to the Wilmington Board of Adjustment and then the Superior Court and are based on the record. Appeals must be filed within 30 days of the date of the commission's action. Evidence is received during the evidentiary hearing portion of an agenda item. Those who want to address the commission are sworn as witnesses to present material and substantial evidence to the commission. The chair recognizes those who want to submit such evidence during the evidentiary hearing. Evidence should be directed to the commission to ensure that evidence is properly recorded. Please come to the podium in the hall to address the commission, state your name and address, and speak clearly. Brief reminder that members of the HPC are appointed by and serve at the pleasure of the city council. Our charge is with respect to the protection and preservation of the properties in the city's designated historic district. We are hailed to the standards of movington design standards for re for historic districts and landmarks and per applicable North Carolina state law to determine if the exterior changes are congruous with the special character of the city's historic districts. It's important that we deliberate the merits of each request in a manner that provides a record as to the basis for a decision. Please remember that our deliberations should be centered on how a project meets the design standards and whether the proposed change is congruous or not congruous. Commissioners, if you've received or made or been made aware of any outside evidence related to any of the other matters, please recuse yourself. At this time, I would like to request that all cell phones be either be turned off or put in silence mode. All right. Ashley Wilson. Michael Smith. Marian Causer. Rob Romero. Joan Keston. Christopher Yermel. Kathleen Egan. Steven Salke. Great. And I also like to introduce our staff. I've got Ivy Freitag. We've got uh Christine Hughes. You've got Amy Bradshaw, Jeff Jeff's here. Yep. And there's uh Melissa Huffman, our city assistant city attorney. And we've got Greg, our technician for convention. All right. We would uh like to swear on we've sworn witnesses. Is that right? They've been sworn. Amy's gonna do that right now. If I could please have everyone stand who wishes to speak tonight, whether that's applicants, staff, or members of the public, if you could please stand and raise your right hand. Do you affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Thank you. Thanks, Amy. All right, we'd like to hear from the our staff from the first item.

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