OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Historic Preservation Commission Meeting – May 9, 2024

Historic Preservation CommissionThursday, May 9, 2024
BodyWilmington, North Carolina
SessionHistoric Preservation Commission
DateThursday, May 9, 2024
StatusFILED
Video Record
0:00 / 1:08:33

Transcript — Verbatim
0:02

Good evening.

0:03

Welcome to the Historic Preservation Commission meeting of Thursday, May 9th, 2024.

0:09

Hearings before the Historic Preservation Commission are quasi-judicial in nature.

0:13

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

0:21

Decision decisions of the commission are based on the record of these proceedings.

0:24

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

0:31

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

0:34

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

0:41

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

0:46

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

0:49

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

0:56

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

1:01

Evidence should be directed to the commission.

1:03

To ensure that the evidence is properly recorded, please come to the podium in the hall to address the commission, state your name and address, and speak clearly.

1:12

A brief reminder that members of the historic preservation commission, excuse me, uh, are appointed by and serve at the pleasure of the city council.

1:20

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

1:27

We are held to the standards of the Wilmington Design Standards for historic districts and landmarks and per applicable North Carolina state law to determine if exterior changes are congruous with the special character of the city's historic districts.

1:39

It is important that we deliberate the merits of each request in a manner that provides a record as to the basis for our decisions.

1:46

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

1:55

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

2:01

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

2:07

Thank you for that.

2:08

Uh and I would like to introduce staff.

2:11

Whitley Stavage, assistant city attorney, welcome.

2:16

Brian Chambers, Assistant Planning Director, Jessica Baldwin, Senior Historic Preservation Planner, Megan Basick, Associate Planner, and Amy Bradshaw, Planning Coordinator.

2:29

And then if I could have commissioners introduce myself, stage left, please.

2:34

Joan Keston.

2:35

Allison Watts.

2:36

I'm Christopher Yurmal.

2:37

Ashley Wilson.

2:38

Thank you.

2:40

At this time, staff will swear in witnesses that we'll speak this evening.

2:46

If I could have all staff applicants and members of the public who are planning to speak this evening, please stand up and raise your right hand.

2:55

I'm sorry, y'all applicants.

2:58

Okay, you need to stand up and be sworn in.

3:01

All right.

3:01

Do you swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

3:07

Thank you.

3:08

Thank you.

3:11

Umst order of business will be to approve the meeting minutes from April 11th, 2024.

3:21

Are there any changes required or can we approve that as noted?

3:27

All in favor?

3:28

Or I'm sorry, can I get a second?

3:30

Second.

3:31

All in favor?

3:32

Aye.

3:34

Minutes are approved.

3:35

And then I think our first order of business then is 323 South Fourth Street, please.

4:06

The subject property is located on the northeast corner of Nunn and South Fourth Streets.

4:11

It is a contributing resource to the historic district residential.

4:14

Revisions to all facades of the building and the site are subject to design review within this district.

4:22

The certain Bergen House, built circa 1850, is a two-story, five-bay-wide, simplified Greek revival style dwelling.

4:30

The dwelling features an asphalt shingle, gable end roof, brick foundation, clapboard siding, six over six sash windows with a simplified archetype architraved trim and a full-width one-story front porch.

4:44

The porch's hip roof is supported by square posts with simplified bases and capitals.

4:49

The central entry has a paneled door with divided light transom and side lights.

5:00

Centered on the north and south elevations are two interior end chimneys, and at the northeast corner of the first story of the rear facade is a set of four French doors with divided lights.

5:06

Adjacent to the southeast corner of the dwelling is a stucco-clad accessory structure with a flat roof.

5:11

The lot is raised above the public right away with a short boundary wall located along the south and west property lines.

5:20

The applicant proposes to install a new two-foot high picket fence set directly behind the existing boundary wall.

5:26

The proposed fence will follow the south fourth street property line and the nun street property line.

Discussion Breakdown — Share of Meeting
Historic Preservation█████████████████████████████████████████████79%
Procedural████████14%
Engineering And Infrastructure███5%
Transportation Safety2%
Summary of Proceedings

Wilmington Historic Preservation Commission Meeting – May 9, 2024

The Wilmington Historic Preservation Commission met at 5:30 p.m. on Thursday, May 9, 2024, and adjourned at 6:39 p.m. Vice-Chair Christopher Yermal presided with Commissioners Joan Keston, Alison Watts, and Ashley Wilson present; Chair Kathleen Egan and Commissioners Stephen Sulkey and Ross Tomaselli were absent. Staff included Assistant City Attorney Whitley Stavish, Assistant Planning Director Brian Chambers, Senior Planner Jessica Baldwin, Associate Planner Megan Bacik, and Planning Coordinator Amy Bradshaw. The commission considered three evidentiary hearings: a driveway and landscaping proposal at 323 South 4th Street, after-the-fact storefront alterations at 8 Market Street, and a rear porch enclosure at 111 Ann Street. No members of the public spoke during the evidentiary hearings.

Approval of Minutes

  • The commission approved the April 11, 2024 minutes as presented by a 4-0 vote (motion by Vice-Chair Yermal, second by Commissioner Wilson).

323 South 4th Street – Driveway and Landscaping on a Corner Lot

  • Staff described the proposal as a 2-foot-high picket fence, a 10-foot-wide by 37-foot-6-inch-long driveway requiring a 10-foot curb/wall cut, a brown river rock pathway, and new plantings on a contributing circa-1850 Greek Revival house in the Historic District-Residential (HD-R) district.
  • Staff noted Design Standard 2.4, Standard 8, discourages new driveways where none existed historically and that no historical documentation exists for a driveway at this location. The existing former driveway off Nun Street is blocked by an attached shed/storage structure.
  • Applicant Brian Moores told the commission the water meter would be flush with the new driveway surface, the project would provide off-street parking for two cars, and neighboring houses already have similar driveways. He also described drainage problems and said removing the shed was not under consideration.
  • Commissioners expressed differing positions: Commissioner Wilson said the front curb cut and driveway would detract from the historic character of the neighborhood; Commissioner Keston worried it damaged the symmetry of the house; Commissioner Watts understood the need for off-street parking but regretted the shed blocked the old driveway; Vice-Chair Yermal noted he drove the street and found many similar driveways, and found the semi-permanent installation and landscaping acceptable.
  • The evidentiary hearing was opened and closed with no public speakers. Commissioner Watts moved to approve the request with staff conditions, seconded by Vice-Chair Yermal. The motion failed 2-2, with Commissioners Wilson and Keston voting no.

8 Market Street – After-the-Fact Storefront Alterations

  • Staff explained the contributing commercial building in the Central Business District Historic District Overlay (CBD-HDO) had four wood 16-light fixed windows and one wood half-lite nine-light door replaced without a certificate of appropriateness. A stop work order was issued February 1, 2024, and staff allowed temporary installation while the case was pending.
  • Staff reported that most storefront windows on that block are wood, not fiberglass, and that aluminum-clad windows at 21 Market Street were approved as part of a restoration tied to a documented historic photograph.
  • Applicant architect Eric Jabaley said the old windows had rotted and needed urgent replacement, that the building's original appearance was uncertain, and he questioned why fiberglass was being rejected when aluminum had been allowed elsewhere.
  • Commissioner Keston emphasized the commission's consistent position that wood should replace wood. Staff said a full-light design was acceptable but fiberglass was not and wood was preferred. Vice-Chair Yermal said he saw little difference between fiberglass and aluminum.
  • Property owner Harper Peterson confirmed that a full-light window was acceptable but the frame must be wood.
  • The evidentiary hearing was opened and closed with no public speakers. Commissioner Keston moved to deny the after-the-fact installation of fiberglass windows and storefront and to approve the installation of a wood storefront and wood windows, with details to be worked out with staff through the bypass application process. The motion was seconded by Commissioner Watts and carried 4-0.

111 Ann Street – Rear Porch Enclosure with Roof Deck

  • Staff summarized the request for a 9-foot by 19-foot rear addition with a roof deck at a non-contributing 1977 townhouse in the HD-R district. The addition would be clad in Hardie board, with vinyl one-over-one windows and a TPO roof deck partially visible from Ann Street.
  • Applicant Carlos Gonzales with Legacy Renovations said he was using surrounding similar townhouses as a guide and preferred to move forward.
  • Vice-Chair Yermal expressed concern that the commission could not tell what the finished addition would look like because no exterior elevation or finish details, such as siding reveal, were provided. Other commissioners agreed that more drawings were needed to protect the owner and the record.
  • The evidentiary hearing was opened and closed with no public speakers. Vice-Chair Yermal moved to continue the item to the June 13, 2024 meeting; Commissioner Keston seconded, and the motion carried 4-0.

Key Outcomes

  • Minutes of April 11, 2024 approved 4-0.
  • 323 South 4th Street: approval motion failed 2-2; no certificate of appropriateness was granted.
  • 8 Market Street: motion carried 4-0 to deny the after-the-fact fiberglass installation and to approve wood storefront/windows through the bypass application process with staff.
  • 111 Ann Street: continued to the June 13, 2024 meeting by a 4-0 vote.
  • No items were reported under items from commission or items from staff. The meeting adjourned at 6:39 p.m.; the next regular meeting is June 13, 2024.

Record Discrepancies

  • The agenda lists the meeting location as City Council Chambers, Skyline Center, 929 North Front Street, while the minutes state City Hall, 102 North 3rd Street.
  • The minutes identify the 111 Ann Street applicant as Carlos Gonzales with Legacy Renovations; the transcript spells the name as Carlos Nonales.

Meeting Transcript

Good evening. Welcome to the Historic Preservation Commission meeting of Thursday, May 9th, 2024. 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. Decision 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 to 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 the evidence is properly recorded, please come to the podium in the hall to address the commission, state your name and address, and speak clearly. A brief reminder that members of the historic preservation commission, excuse me, uh, are appointed by and serve at the pleasure of the city council. Our charges with respect to the protection and preservation of properties in the city's designated historic district district. We are held to the standards of the Wilmington Design Standards for historic districts and landmarks and per applicable North Carolina state law to determine if exterior changes are congruous with the special character of the city's historic districts. It is important that we deliberate the merits of each request in a manner that provides a record as to the basis for our decisions. Please remember that our deliberations should be centered on how a project meets the design standards and whether the proposed change is congruous or is not congruous. Commissioners, if you have received or been made aware of any outside evidence related to any of the matters, please recuse yourself. At this time, I would like to request that all cell phones be turned off or put in silence mode. Thank you for that. Uh and I would like to introduce staff. Whitley Stavage, assistant city attorney, welcome. Brian Chambers, Assistant Planning Director, Jessica Baldwin, Senior Historic Preservation Planner, Megan Basick, Associate Planner, and Amy Bradshaw, Planning Coordinator. And then if I could have commissioners introduce myself, stage left, please. Joan Keston. Allison Watts. I'm Christopher Yurmal. Ashley Wilson. Thank you. At this time, staff will swear in witnesses that we'll speak this evening. If I could have all staff applicants and members of the public who are planning to speak this evening, please stand up and raise your right hand. I'm sorry, y'all applicants. Okay, you need to stand up and be sworn in. All right. Do you swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Thank you. Umst order of business will be to approve the meeting minutes from April 11th, 2024. Are there any changes required or can we approve that as noted? All in favor? Or I'm sorry, can I get a second? Second. All in favor? Aye. Minutes are approved. And then I think our first order of business then is 323 South Fourth Street, please. The subject property is located on the northeast corner of Nunn and South Fourth Streets. It is a contributing resource to the historic district residential.

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