Wilmington Historic Preservation Commission Meeting - December 14, 2023
Wilmington Historic Preservation Commission Meeting – December 14, 2023
The Wilmington Historic Preservation Commission met on Thursday, December 14, 2023, beginning at 5:31 p.m., to conduct evidentiary hearings on four applications. The agenda listed the meeting at Skyline Center, 929 North Front Street, while the approved minutes identify City Hall, 102 North 3rd Street. Chair Kathleen Egan led the meeting; members Christopher Yermal, Stephen Sulkey, Ross Tomaselli, and Ashley Wilson were present, with Alison Watts absent and Ron Wilson resigned effective December 7, 2023. All witnesses were sworn in. The commission approved the November minutes, continued two matters to January, approved two applications with conditions, and approved the 2024 meeting calendar. The meeting adjourned at 7:15 p.m.
Consent Calendar
- Minutes of the November 9, 2023 meeting were approved 5-0 without discussion or amendment.
Public Comments & Testimony
- Travis Gilbert, Historic Wilmington Foundation, expressed general support for infill at 508 Ann Street but raised concerns under the Design Standards about concrete porch floors rather than tongue-and-groove wood, continued driveway introductions in the Historic District-Residential, visible concrete runners, and the absence of a landscaping plan. He noted that pattern-book repetition has historical precedent but asked the commission to apply the standards carefully.
- On 710 Grace Street, Mr. Gilbert stated that the Foundation is open to new synthetic materials under the updated Standards but opposed this proposal, saying the burden of proof was lacking. He urged repair rather than replacement of cladding and expressed concerns about the gable/cedar shingles; he described the property as an opportunity to regain contributing status.
- Applicant Coreena Schultz testified that the wood siding at 710 Grace is rotting, the house has water intrusion and mold, and her contractor would not install replacement windows without removing cladding and wrapping the house. She later offered to use all wood siding rather than Hardie.
- Applicant William Harnett testified at length about 208 Market Street, describing a 100-page building condition report, a six-year condemnation, an interior demolition permit, severe roof/framing damage, water intrusion under the slab, failing walls, shoring, and public safety measures. He accepted responsibility for his role in the demolition process.
Discussion Items
109 South 7th Street – Roof Replacement / Change in Materials
- Staff summarized a request to replace the existing standing-seam metal roof on the contributing c. 1888 Penny House with Gulf Coast 5V 12-inch crimp panels; no gutters, downspouts, or new vents were proposed.
- The applicant and agent were absent. Commissioners noted the existing roof appeared in good condition and that insufficient evidence was provided for the replacement or for the material change. Attorney Melissa Huffman recommended continuing to allow the applicant to appear.
- The commission voted 5-0 to continue the item to the January 2024 meeting.
508 Ann Street – New Construction
- Staff reviewed the vacant 2,343-square-foot lot and the applicant's proposal for a two-story dwelling: 22 feet wide at the front including the porch, 25 feet 4 inches wide at the rear, 47 feet deep, with an approximate 1,034-square-foot footprint (44% of the lot). The proposal included a 36-inch CMU foundation with parge coat, Hardie plank siding, one-over-one vinyl windows, fiberglass doors, concrete porch floors, a concrete runner driveway with a new curb cut, a stockade fence, and removal of two trees and a bush. No complete landscaping plan was provided.
- Applicant Darren Ivey said the concrete porch is lower-maintenance, off-street parking is important given on-street parking pressures near St. Mary's, and he would put suitable material between the driveway runners.
- During deliberation, Vice-Chair Yermal expressed a preference for two-over-two windows. Mr. Ivey estimated adding SDL two-over-two would cost less than 50% more. Commission members noted the house plan was high quality but wanted more architectural variability; Chair Egan acknowledged the Standards cannot require it.
- The commission voted 5-0 to approve with conditions, including consistency with submitted materials, a 30-inch foundation height limit, mechanical/landscaping/lighting/paint approvals through administrative bypass, ROW permits for curb cuts, sidewalk repairs, grading coordination, clear glazing, and a note that the motion's 30-inch foundation condition conflicts with staff testimony describing a proposed 36-inch foundation and a typo in the case summary.
710 Grace Street – Exterior Alterations
- Staff described the noncontributing c. 1904 Cromwell House and the request to replace cladding with wood on the front and part of the west facade and Hardie board on rear/side facades, replace gable shingles with unfinished cedar, replace shutters, front door/frame/hardware, and approve paint colors. The windows were not part of this application.
- Ms. Schultz said the existing wood is rotting and nearly falling off; she later asked the commission to approve all-wood cladding. Commissioners expressed concern that the proposal lacked evidence, would remove original fabric and change all trim dimensions, and had no precedent. Vice-Chair Yermal noted many old houses are unsheathed and recommended repairing rotted boards and installing windows properly instead.
- The commission voted 5-0 to continue the request to the January meeting so the contractor could answer technical questions.
208 Market Street – After-the-Fact Waiver in Stay of Demolition
- Staff said the flat-roof commercial building is noncontributing in the CBD-HDO; the roof was removed without approval, a stop-work order was issued on November 6, 2023, and New Hanover County condemned the structure on November 16, 2023, leading to an emergency demolition permit. Staff noted the commission cannot deny a demolition COA absent statewide significance, and staff is working with the applicant and county to improve permit coordination and future new-construction review.
- Mr. Harnett described discovering more than 60% fire damage to roof deck and framing, two-by-six framing spanning 24 feet with 6-to-10-inch deflection, a subsurface water flow after slab removal, 100-year-old walls without footings, catastrophic cracking, and the need to shore and remove walls. He said the county had advised him a COA was waived and that city staff were not aware of the exterior work.
- The commission voted 5-0 to approve the after-the-fact waiver with conditions, including waiving the 365-day stay of demolition, requiring review of new development by all required commissions, and requiring compliance with all codes and permits.
Key Outcomes
- Approved the November 9, 2023 minutes, 5-0.
- Continued 109 South 7th Street to the January 11, 2024 meeting, 5-0.
- Approved 508 Ann Street new construction with conditions, 5-0; the written motion's foundation-height condition (30 inches) conflicts with staff testimony describing a 36-inch proposed foundation.
- Continued 710 Grace Street exterior alterations to the January 11, 2024 meeting, 5-0.
- Approved 208 Market Street after-the-fact waiver in stay of demolition with conditions, 5-0.
- Approved the 2024 meeting calendar, 5-0.
- Staff reported the Design Standards update will be reviewed by the commission in January and go to City Council in February 2024.
Meeting Transcript
Oh, there it goes. Jessica, are we ready? One. I'll get started and just read the beginner. Okay. Okay. December 14th. Good evening. And welcome to the December 14th, 2023 meeting of the Historic Preservation Commission. Hearings before this commission are quasi judicial in nature. This is a design review process to determine whether a proposed project is congruous with the special character of the historic district or landmark in which it is located. 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 will become part of the record. Appeal of a commission decision must be submitted to the Wilmington Board of Adjustment within 30 days of the date of the Commission's action, and further appeal must be submitted to Superior Court. Evidence pertaining to an agenda item must be presented during the evidentiary portion of that item. Individuals who wish to address the commission will be sworn in as witnesses to present material and substantial evidence. The chair will recognize each witness who wishes to address the commission during the evidentiary portion. In order to ensure that witness evidence is properly recorded, each individual should come to the podium and clearly state their name and address before addressing the commission. As a brief reminder, members of the commission are appointed by and serve at the pleasure of city council. Our charges with respect to the protection and preservation of properties located within the city's designated historic districts. The commission is held to the requirements of the Wilmington Design Standards for Historic Districts and Landmarks, as well as the applicable North Carolina state law. We are to determine whether exterior changes to a building are congruous with the special character of the city's historic districts. It is important that the commission deliberate the merits of each request in a manner that provides a record for the basis of our decisions. Please remember our deliberation should be centered on how a project meets the Wilmington design standards and whether the changes are congruous. Commissioners, if you have received or been made aware of any information outside this evidentiary hearing related to any agenda item before the commission, please recuse yourself from that agenda item. Before the meeting begins, please ensure that all cell phones are in silent mode or turned off. And we have Tracy Manning is standing in for Amy Bradshaw, Jessica Baldwin, Linda Painter, and Melissa Huffman. And then at this point, I am the Kathleen Egan, the Commission chair, and my fellow commissioners will now introduce themselves. Ross Thomasowe. Stephen Salke. Ashley Wilson. Christopher Yermal. Thank you. We will now swear in those present who wish to present evidence related to an agenda item. Staff, applicants, and members of the public who wish to speak. Kindly stand. Do you swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth? Thank you. Thank you. We've received drafts of the minutes from last month's meeting. And are there any suggested edits or corrections to the draft? Okay, then could I have a motion to accept them? I move to approve. There's second. Second. All in favor? Aye. Aye. The minutes are approved. We will now move to the evidentiary portion of the meeting, and we will begin with new business and the first agenda item, a staff report on 109 South 7th.
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