Wilmington Historic Preservation Commission Meeting Summary - January 11, 2024
Wilmington Historic Preservation Commission Meeting - January 11, 2024
The Wilmington Historic Preservation Commission met on Thursday, January 11, 2024, beginning at 5:31 p.m. and adjourning at 6:22 p.m. The agenda listed the meeting in City Council Chambers, Skyline Center, while the minutes state City Hall, 102 North 3rd Street. Commissioners present were Chair Kathleen Egan, Vice-Chair Christopher Yermal, Stephen Sulkey, Ross Tomaselli, and Alison Watts; Ashley Wilson was absent. Staff included Assistant City Attorney Melissa Huffman, Assistant Planning Director Brian Chambers, Senior Historic Planner Jessica Baldwin, Associate Planner Megan Bacik, and Planning Coordinator Amy Bradshaw. Witnesses were sworn in before the hearings.
Approval of Minutes
- The commission approved the December 14, 2023 minutes by a 5-0 vote. Vice-Chair Yermal asked for clarification about 208 Market Street; staff confirmed that county staff had advised the contractor that a COA was not required for the initial interior demolition permit, and that the exterior roof demolition occurred while the permit revision was still pending.
Evidentiary Hearings
Old Business: 109 S 7th Street - Roof Replacement / Change in Materials
- Staff described the property as a contributing resource in the Historic District-Residential; the Penny House, built circa 1888. The applicant proposed replacing the existing standing-seam metal roof with Gulf Coast 5V 12-inch crimp panels; no changes to gutters, downspouts, or vents were proposed.
- Applicant/owner Mark Dubinski and contractor Stu Graham of Elevate Roofing testified about water infiltration, past coatings and repairs, and argued that recoating would be a temporary 'band-aid.' The contractor did not bring close-up photographs of deteriorated metal, and the commission noted the roof is not visible from the street.
- Vice-Chair Yermal stated he was inclined not to approve because the roof appeared repairable; other commissioners agreed that the evidence was insufficient to support a full replacement. The applicant agreed to continue the case and bring additional photographic and inspection evidence. The commission voted 5-0 to continue the item to the February 8, 2024 meeting. The applicant also indicated he would accept a standing-seam replacement if the commission required it.
Old Business: 710 Grace Street - Exterior Alterations
- At the applicant's request, the commission voted 5-0 to continue this item to the February 8, 2024 meeting.
New Business: 518 S 5th Avenue - Exterior Alterations to Accessory Structure
- Staff summarized a request to modify an approved COA for a contributing accessory structure at the Barrie House, built circa 1900. Revisions included changing the rear west facade window from 34 inches by 56 inches to 30 inches by 48 inches, adding paired window openings on the south facade, and installing a stove exhaust fan, Duke Energy meter, and an HVAC mini-split with a concrete pad.
- Applicant/property owner Khyber Nassar said the window sizes were changed for consistency and that the previously approved windows were no longer readily available. Staff requested a condition that the windows remain 1-over-1 rather than 2-over-2. No members of the public spoke at the evidentiary hearing.
- The commission voted 5-0 to conditionally approve the request. Conditions included clear untinted glazing; HVAC location and landscaping reviewed through the bypass process; exterior lighting reviewed through the bypass process; new siding to match existing materials and profile; compliance with the Land Development Code and North Carolina Building Code; future changes reviewed by HPC or staff bypass; windows to remain 1-over-1; and staff-level approval for a small roof/overhang over the doors for moisture protection.
Other Business
- Vice-Chair Yermal discussed 208 Market Street, where the contractor exceeded the scope of a commercial interior demolition permit. He said he did not believe it was intentional, but urged more city-county oversight to prevent misuse of such permits. Staff said conversations were underway on more proactive coordination and inspections.
- Staff announced that the updated Design Standards will be brought to the HPC for a vote on February 8, 2024, with a public notice mailing and advance posting, and then to City Council in March.
- Commissioner Sulkey raised examples of previously approved projects where actual work exceeded what commissioners thought they approved (620 Chestnut Street and 215 South 6th Street). The commission discussed making motions and conditions more specific so approved work matches what is actually built.
Key Outcomes
- Approved December 14, 2023 minutes: 5-0.
- Continued 109 S 7th Street to February 8, 2024: 5-0.
- Continued 710 Grace Street to February 8, 2024: 5-0.
- Conditionally approved 518 S 5th Avenue: 5-0.
- Next regular meeting: Thursday, February 8, 2024.
- Design Standards update scheduled for HPC vote in February and City Council review in March.
Meeting Transcript
Okay, good evening, everybody. Good evening and welcome to the January 11th, 2024 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 congruent 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. 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. In order to ensure that witness evidence is properly recorded, each individual is asked to 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 the city council. Our charge is 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 historic districts. It is important that the commission deliberate the merits of each request in a manner that provides a record of the basis for our decisions. Please remember that our deliberation should be centered on how a project meets the Wilmington design standards and whether the standards are congruous. Commissioners, if you have received or been made aware of any information outside this evidentiary hearing related to an agenda item before the commission, please recuse yourself from that agenda item. Before the meeting begins, please ensure that all cell phones are silent mode or turned off. I will now introduce members of the city staff who are here to help us tonight. Melissa Huffman, our assistant city attorney, Megan Basick, our associate planner, Jessica Baldwin, Historic Preservation Planner, and Amy Bradshaw, our planning coordinator. Ross Thomas Ellie, Stephen Salke, Christopher Yermal. Allie Watts. Thank you. We will now swear in those present who wish to present evidence related to an agenda item. If I could have all staff applicants and members of the public who wish to speak this evening, please stand up and raise your right hand. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Thank you. We've received a draft of the uh minutes for the December meeting. And um are there any changes or edits? I'd like to ask a couple of clarifications, uh, if you don't mind on the minutes relating to 208 Market Street, and this this may require um I just want it to be noted as best as it possibly can in the in the minutes. Um, you know, clarified so that going forward we have these minutes to reflect on and they make um a little more sense because it was a the agenda item last month in regards to 208 Market Street went pretty quickly, and there wasn't a whole lot for us to rule on because of the nature of the state statutes and and whether or not we can deny uh demolition of a building. But um I would like to ask a couple of questions about this if if if I may. And uh the one has to do so that on page eight under 208 Market Street. That's where it starts over on page nine, the end of the first paragraph. County staff advised the contractor that a COA was waived for this process. This is to do interior and exterior demolition. County staff advised the contractor that a COA was waived for this process considering the condition of the building in prior condemnation. City staff remained unaware of the pending demolition. Um the New Hanover County told the applicant that a COA for a demolition commercial interior demo permit didn't require any kind of COA because there were it was not noted they would be doing any exterior demolition. Was that right? According to the applicant, that that is what he's saying. Right. I don't have any knowledge from the county about what they determined. Okay. All right. Um the next page on page 10, about fourth to the last paragraph. Mrs. Baldwin responded that staff signed off with a note that if everything were to touch, if anything were to touch the exterior, it would require a COA.
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