Wilmington Historic Preservation Commission Meeting – December 9, 2021
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Wilmington Historic Preservation Commission Meeting – December 9, 2021
The Wilmington Historic Preservation Commission held a regular meeting on Thursday, December 9, 2021, beginning at 5:31 p.m. and adjourning at 7:40 p.m. According to the agenda, the meeting was held in City Council Chambers, Skyline Center, 929 North Front Street (the published minutes list City Hall, 102 North 3rd Street). Vice-Chair Joan Keston presided; seven commissioners were present (one recused on the first item). The docket included four new business items, a postponed approval of November meeting minutes, and staff announcements.
New Business
1. 323 South 6th Street (MJW-22-17) – Fence replacement on a corner lot
Commissioner Smith recused. Staff presented the request to replace a 12–foot section of fence along Nun Street, increasing height from 3.5 to 5 feet to screen garbage cans. Applicant Tom Warshauer spoke in favor. The commission approved the request 6–0 with conditions requiring the gate to swing inward, finished side out, sand–set posts within 3 feet of the house, and compliance with all applicable codes.
2. 621 Dock Street (MJW-22-24) – Fence replacement on a corner lot
Vice–Chair Keston noted she lives across the street but did not recuse. Staff described an in–kind replacement of a wood picket fence, increasing height to 4 feet. Applicant Nichole Hampton stated the fence needed repair. No public testimony. The commission approved 7–0 with conditions for inward–swinging gates, finished side out, and compliance.
3. 507 Ann Street (MJW-22-25) – Chimney removal
Staff noted the house was moved circa 1940, raising a question of contributing status. The rear chimney was approximately 12 feet tall and structurally unsound, causing water damage. Applicant Shaily Pathak provided an engineer's report recommending removal. Commissioners agreed the chimney was contemporary and nonfunctional. Approved 7–0 with conditions to match replacement siding and roofing.
4. 710 Grace Street (MJW-22-26) – After–the–fact work (windows, roof, deck, siding, awnings, lights, fence, painting, chimney removal, and demolition of accessory building)
This was the most extensive agenda item. Staff received a complaint and issued a stop–work order on October 18, 2021. Through review of Google Earth imagery, staff identified numerous unapproved alterations: removal of vinyl siding, installation of metal awnings, replacement of windows with vinyl, roof changes, fence removal, deck replacement, removal of shutters, chimney, storm door, handicap ramp, and an accessory building. Applicant Willie Bowdoin and investor Michael Murphy apologized and explained they were unaware of the process. After lengthy deliberation, the commission approved the package 7–0 with detailed conditions, including:
- Wood windows, 2–over–2, to be installed (preservation agreement and escrow required);
- Metal awnings to be removed when windows are replaced;
- Shutters to be restored in a color matching the gable shakes;
- Front porch roof line to be restored to match the 1999 photograph;
- Window, door, and house trim to be white (or approved via administrative bypass);
- Rear deck, French doors, fence, HVAC, ramp removal, demolition of chimney and accessory building approved;
- Waiver of 365–day stay of demolition for chimney and accessory building;
- Front light fixture to be replaced via administrative bypass;
- Front door to be replaced via administrative bypass.
The motion included 18 specific conditions and findings.
Other Business
Approval of Minutes – November 18, 2021
Commissioner Smith requested revisions to the minutes to accurately reflect the commission's statutory authority to request an inventory of historic properties, rather than focusing solely on a budget request. He expressed concern that the discussion was "watered down." After discussion, the commission agreed to postpone approval of the minutes until the next meeting, with language revisions to be prepared.
Staff & Commission Announcements
- Staff changes: Senior Planner Christine Hughes announced that Historic Preservation Planner Ivy Freitag is leaving the city effective soon; the associate planner position has been filled by Megan Basic, starting January 3, 2022.
- New Land Development Code (LDC): Effective December 1, 2021, requiring pre–application meetings for major works.
- Commission membership reduction: Under the new LDC, the commission was reduced from 9 to 7 members. Commissioner Kaiser was asked to step down early to comply; an apology was issued for a notification mix–up.
- Next meeting: Scheduled for January 13, 2022.
Key Outcomes
- All four new business applications were approved (votes: 6–0, 7–0, 7–0, 7–0).
- Approval of the November 18, 2021, minutes was postponed to the January 2022 meeting pending revisions.
- Staff announced the departure of Ivy Freitag and arrival of Megan Basic.
- Compliance with the new LDC will affect future applications.
Meeting Transcript
Good evening. Welcome to the Historic Preservation Commission meeting. Um today, uh December 9th, 2021. Um my name is Joan Keston. I'm I'm the acting chairman of the HPC. Um hearings before the Historic Preservation Commission are quasi-judicial in nature. This is a design review process to determine if the proposed project is congruous with the special character of 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 the 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 to 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. A 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 properties in the city's designed history district. Commissioners, if you have received or have been aware of any outside evidence related to any other matters, please recruit yourself. No. Okay. If you're not sworn in, you'll then have to be and choose to speak later, you'll have to be sworn in at that time. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Okay. First item uh is to approve the minutes of the November 18th meeting. Does anybody have any comments? Reddit? Madam Chair, I wonder if we could do that after we've heard the new business, the COA. I have some comments and discussion about something, and particularly as related to our vote, and I'd like to have that not take the time up of the applicants if we could do that at the end of our COA hearing. Melissa. Okay. Okay, we'll proceed to the first item of new business. I'm gonna recuse myself from this item. The WarSharpe duplex was built circa 1914 and is a contributing resource to the historic district. The property is located at 323 South 6th Street and is within the historic district residential. In this district, alterations to all facades of a building and site are subject to design review, regardless of if they can be seen from the public right of way. The application before you today is a request to replace a section of fence located on a corner lot. Here's an aerial of the properties showing the section of fence proposed for replacement located on the southeast corner of the property. Here's a view of the property looking northeast, showing that same section of fence on the rear of the property. The fence section to be replaced would not exceed 12 feet in length. The existing wood fence would be replaced in kind with a new wood fence matching the current design, but at a height of five feet tall as opposed to the existing three feet six inches tall fence. The eastern section of fence would raise up to meet the existing central fence height that separates the subject property from the adjacent property. The design standards state that fences and garden walls have traditionally been used to delineate property lines and mark boundaries between public and private property. Fences of wood, brick, masonry, and wrought iron are found within the local districts. Fences shall be constructed at a height no greater than four feet in front yards to the front corner of the house and six feet in the rear yard from the back corner of the house. With that, we'd like to enter the staff report into the record for tonight's proceedings. Thank you, Ivy. Does anybody have any questions for staff? Thank you. Uh would the applicant like to speak.
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