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Minutes 09-10-12 MINUTES OF THE HISTORIC RESOURCES PRESERVATION BOARD MEETING HELD ON MONDAY, SEPTEMBER 10, 2012, AT 6:30 PM, IN CITY HALL CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Dr. Ginger Pedersen, Chair Warren Adams, Historic Resource Michelle Dion Preservation Planner Paul Gionfriddo Eric Salomonsson Linda Stabile Robert Weiss Barbara Ready, Alternate Harvey Rosenblum, Alternate ABSENT: Roger Cope, Vice Chair 1. Pledge of Allegiance Chair Pedersen called the meeting to order at 6:31 p.m. followed by the Pledge of Allegiance to the Flag. 2. Agenda Approval Motion Mr. Salomonsson moved to approve the agenda. Mr. Gionfriddo seconded the motion that unanimously passed. 3. Approval of Minutes Mr. Weiss noted he should be listed as present at the July and August meetings. Motion Mr. Salomonsson moved to approve the minutes as amended. Mr. Gionfriddo seconded the motion that unanimously passed. Chair Pcderson Pedersen explained because of the designation application contained in Item 6, the meeting will be held as a quasi - judicial meeting and all those intending to testify needed to be sworn in. 1 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 The Recording Secretary administered an oath to all those intending to testify. 4. Communications and Announcements None. 5. Old Business: A. Update on the progress of the Historic Preservation Program Warren Adams, Historic Preservation Planner, explained the Certified Local Government (CLG) Agreement was signed, forwarded to the Division of Historical Resources, and he hoped it was on its way to the National Park Service for their final approval. The State advised Mr. Adams it normally takes about 45 days for them --te _ - e _ - - ` _ •_ _ _ _ - . _ - _ - _ _ _ _ approval by the National Park Service. Mr. Adams was hopeful the City would receive it by the next meeting, and if not, very soon thereafter. The National Park Service had already reviewed the document, but could not give final approval until it was signed by the City and State. This was a new procedure. He noted the City Commission approved the agreement, which the Mayor signed. B. CLG Small Matching Grant Application Mr. Adams took part in a telephone conference regarding the applications and learned the Boynton Beach application was invalid. He was told the application was ineligible because the CLG application had not been completed. He debated this with the State as he was advised by them that as long as the application was submitted, it would be eligible. The State reviewed the matter and later contacted him and indicated it was eligible and it was ranked jointly first, with another two applications, both of which were from St. Petersburg. Since they had to rank the applications in order, St. Petersburg received first and second ranking. One judge ranked the City's application as number 1, two judges ranked it second, one judge ranked it third, and another ranked it in sixth place. In order to receive the full funding, the State needed to award $129,000 in grants. If so, St. Petersburg would be funded and Boynton Beach would receive the full amount. In the past, funding ranged from $120,000 to $135,000. The amount was unknown, but he was fairly certain they would receive some funding. He explained the City overestimated their costs on the application. Additionally, the project was split into different categories so they could eliminate categories if costs needed to be cut. He anticipated the project would start in July 2013, so again, he was fairly certain they would have some type of Heritage Trail, whether it be a downtown trail, cemetery trail or both. Mr. Adams started the Design Guidelines Glossary of Terms and stated the work on the section describing architectural styles found in the City was nearly complete 2 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 As soon as the CLG certification was received, Mr. Adams would contact the County to initiate the Ad Valorem Tax program. C Woman's Circle, 918 SE 4 Street potential relocation update Mr. Adams explained the individual interested in relocating the building was still considering this option and he would meet with her when she returned from vacation to discuss the process and identify potential costs. If the building was moved, it would be moved about three blocks and there was room at the relocation site for three or four buildings. The area was zoned for commercial use which appealed to the owner and it was hoped it would make financial sense to her as well. Mr. Adams offered to assist in coordinating the move as it involved Florida Power & Light, traffic services, structural surveys, insurance and more and it was overwhelming the owner. It was hoped the assistance would result in the owner agreeing to move the building. 6. New Business: A 331 NW 1 Avenue designation application Mr. Adams explained this was the first designation application for the local register and noted this process took longer than normal because it was the Board's first application and everything was new. As a result, the applicant had her application fee refunded as the proposed fee has not been adopted. He noted the applicant met the application and notification requirements. The site was significant for designation on the basis of architecture. When something was considered for designation, the starting point was if the structure was over 50 years old. The National Park Service had seven areas of integrity. These areas were location, design, setting, materials, workmanship, feeling, and association. The properties did not have to have integrity in all the areas, but should meet most. This property retained its integrity in all areas The design integrity was slightly affected by a small addition to the rear of the building and some alterations to the windows, but most alterations were not visible from the right -of -way and could be restored to its original condition if the owner so desired. The Code section that the site was eligible for designation under was criteria C, as it embodied the distinctive characteristics of a type, period or method of construction. Mr. Adams reviewed a PowerPoint presentation reflecting the details of the property. The owner spent a lot of money on the home and significant repairs were made. There were originally two garage doors, but the changes did not affect the integrity of the property. Photographs of the interior and exterior were viewed and Mr. Adams pointed out both the interior and exterior of the home retained integrity. A number of people that inhabited the home had some impact in the community Minnie PauIle had made donations to the Woman's Club to the point they held a Minnie Paulle 3 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 day, so the donation must have been significant. Clyde Harris was a Principal at the high school and Children's Museum building. His wife was one of the first people born in Hypoluxo. Mr. Adams did not designate the property under the criteria of significant people because the person had to have a significant impact before they could be considered a historic person. Additionally, these individuals did not inhabit the house when the most significant activities occurred. They had to inhabit it at the time they made the significant contribution. Mr Adams did not want to be in a position with designation where people come forward with applications because of who they were before or after they inhabited the home. Dr. Pedersen was familiar with the prior occupants and provided information about them to Mr. Adams which he read. He requested the Board recommend approval of the application to the City Commission If approved, it would be heard for first reading on September 18, and second reading on October 2, 2012. Motion Ms. Stabile moved the designation application be approved. Mr. Gionfriddo seconded the motion. Mr Salomonsson viewed the home, thought it was charming, and congratulated the owner. Audrey Dance der Gerger, 321 331 NW 1st Avenue, the applicant, commented the home was unique. It was a double townhouse duplex dwelling, and as a realtor, she was unaware of any other of its kind in the City. When she saw the home, it was in deplorable condition. She met Ms. Harris and Mr. Harris was in their automobile who conveyed that at one time, Mr. Harris, besides being an Assistant Principal, Principal and Superintendent of Schools of Palm Beach County, was a Botanist. During World War II, flowers were not allowed into the States, so she grew flowers in the backyard and sold them to florists. She gave flowers as Easter gifts for the children and provided photographs she had. One side of the townhome was for a graduate of Cornell University and professors from the University came to visit and used the townhouse as a guest house. The home originally had french doors so she installed french doors. The gates were missing so she replaced them and barrel tiled the roof There were other needed repairs which Ms. Gerger discussed as well as a few other recollections about the home and its prior inhabitants. The stained glass window in the Methodist Church on Seacrest and First Avenue was a gift from her father to the Church The members congratulated Ms. Berger Gerger on completing the lengthy application and for the research and information she provided. Motion Mr. Gionfriddo moved to approve the application. Mr. Weiss seconded the application 4 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 that unanimously passed. B. Amendments to Land Development Regulations Mr. Adams sent the members copies of the proposed amendments. The changes were recommended for approval by the Planning and Development Board at their August meeting. If the Historic Resources Preservation Board approved them, the changes would require a first reading on September 18th and a second reading on October 2nd. The first change was Part III, Chapter 2, Article 1 Overview. The change pertained to the table listing the advisory boards. It added the Historic Resources Preservation Board to that list. The next change was to Part III, Chapter 11, Article 11, Planning and Zoning Division Services. In order to keep the application process consistent with other application processes in the City, the procedures for applying for Certification Certificate of Appropriateness, (COA), Certificates of Economic Hardship and Historic Designations, was taken out of its present location in the Code and moved to Chapter 11, Article 11. The third change was a text amendment and two changes were made. Part III, LDR, Chapter 11, Section A -5: Certification of Economic Hardship, was reviewed. When one applied for a hardship, there was originally an application form which was done away with. It is an appeal and other appeals were submitted in writing, so the change eliminated the application and only required a written request and submission of the needed materials. Other cities had forms and others did it in writing. The materials to be submitted with the request for economic hardship were expanded. Certain financial details were required. They added a request for annual debt service or mortgage payment and income obtained from the property and cash flow for the previous two years. A section was added indicating the Board may request any other information they see fit to request as it pertained to the application. The next major change was to the application procedure for historical designation of a single property. When Ms. Gerger wanted to designate her property, she had notification requirements which were to notify surrounding property owners within 400 feet that she was applying for the designation. This was reduced from 400 feet to adjacent or abutting properties. Additionally, as it stands if the property was next to 1 -95, the applicant would have to notify owners across the highway. As it pertained to notifying abutting and adjacent homeowners, Mr. Adams clarified he or the department would identify them. This reduced the mailing costs, saved time, and made the process more straightforward. The 5 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 request was still required to be posted on the premises 10 days before the meeting. He pointed out the 400 feet notification requirement remained intact for designation of a district. Another change was the seven criteria needed to determine the integrity of a structure. The City's Ordinance only contained six so the change conformed the Ordinance to the National Park Service criterion. Based on what was discussed at the last meeting, there was a slight problem if someone wanted to demolish property that was eligible for designation that had not yet been designated. In these instances, the Board could delay the demolition and go through the designation process, but there was no language specifying what would occur if the process was unsuccessful. Language was added to address this as follows: "If for any reason the designation process is not completed and the demolition application is approved, the owner shall at his /her expense fully record the building prior to the demolition and make a reasonable attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like." Mr. Adams explained he could only appeal to the owner to salvage items and allow him to enter the premises to record it. Now it would be a requirement. He anticipated if they received an application for demolition that may or may not be eligible for designation, the demolition could be stayed, the Board determine whether they would enforce designation on the property owner, access the property if eligible, and take it through the process. If designated, it would be subject to the requirements of the Ordinance, but if the designation did not move forward any further because the City Commission did not approve it, the Board still had the right to record the building and salvage the materials. There was brief discussion about the consequences of not following the procedure. Mr. Adams explained a 1940s building was torn down without a permit From what he could tell, there was no significance to the building. In Europe, there were strong penalties. In Boynton Beach, there was only a four times the permit fee penalty. Mr. Adams commented he would research what sanctions other municipalities imposed. Another change was if there was an appeal to the Board regarding a Tax Exemption. Currently, it reads there was an application form. This was changed to be a written request. He also added the word appropriate to the sentence. In summary, he commented the two significant changes were the notification requirements and tightening up the demolition provisions. The practical aspects of salvageable materials were discussed. The language indicated salvaging the materials would be at the owner's expense; however, Mr. Adams 6 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 explained he would handle the recordation and provide advice for salvaging the materials There were three ways to salvage materials. One was to contact a salvage yard If they wanted the materials, they would come, strip the materials and haul it away. In some cases they may pay the owner for items depending on what it was, such as flooring. The second option was to contact an architect or property owner that was working on a house that needed the materials. The materials could be delivered there or the workers could go to the home and take the materials. The third option was to put them in touch with a non - profit organization that was working on a historic property. If the owner donated the materials, they would receive a tax write -off The owner was not expected to strip the property and store the materials. Mr. Adams would assist them provide advice with these tasks This was the last option they had to strengthen this part of the Ordinance. The members discussed what would take the stead of a structure that was demolished and agreed the entire character of a neighborhood or street could be changed by the demolition of one structure. Mr. Adams clarified if a district was created, the design guidelines and Ordinance already had a section for new construction. The new construction must be compatible in mass, scale, setback style, design and roof shape and other details There are already guidelines in place for historic districts to ensure property was not demolished and any demolition had to be reviewed by the Board whether it was an individual historic property or not. If the Board decided the structure could be demolished, the Board would simultaneously review the plans for the replacement to ensure it conformed to the guidelines. Mr. Adams encouraged the members to make recommendations how they wanted the Ordinance to read, but noted this was dealing with the demolition of one property on NW 1st Avenue which was not in a Historic district. The Committee had decided not to designate the structure, but it left Mr. Adams in a position that the owner could demolish the building, not give him access to record it or salvage any materials. The current issue was how to deal with individual properties that were not designated but were eligible for designation. If an application is received for the demolition of an individual building built in the 50s which was in poor condition which is not in a district and is not designated, the Board had the option to start the designation process if the building is significant or, approve the demolition if it was not significant or was in very poor condition. Plans for the new construction do not need to be submitted with the demolition application for an undesignated individual structure as the demolition may be stayed during the designation process and then denied if the designation is successful (the owner can of course appeal), or if the property is not significant or is in very poor condition asking the owner for proposed plans seems excessive and could create a financial burden for the 7 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 owner He commented if someone wanted to demolish a property the Board or he felt was potentially historically significant, the Board could delay the demolition and designate it as historic. The first thing the owner would do is submit a Certificate of Economic Hardship and the Board would make a determination. The owner would then appeal it to the City Commission who would either deny the designation and uphold the Certificate of Economic Hardship, or not. He commented it was likely the owner would consult with an attorney and no one wanted to pursue that road. He was not sure what else could be added to the Ordinance to make it stronger other than having the ability for the Board to move ahead with the designation. Ms. Dion expressed concern about the rights of property owners and commented on salvaging materials and where owners would store it. Mr. Adams explained the way the Code would read was the owner would fully record the building prior to demolition and make a reasonable attempt to salvage and preserve materials. Mr. Adams would refer them to entities that would take the materials and he would help them. For owners who do not want to be bothered with the provisions, Mr. Adams would provide them with the information about where to go with the materials It was possible the owner could receive compensation for the materials. Mr. Adams explained he was open to suggestions from the Board to strengthen the Ordinance. Many cities forced designation on property owners, but this Board decided not to pursue that avenue, although they still had that right. He suggested enforcing the matter when the structure was significant and it was something the Board did not want to lose. Ms. Dion thought this would put an additional cost on the owner and an additional consideration on anyone considering purchasing the building. Discussion followed that designation did not offer protection, it did not bar anyone from demolition. If a building was on the local register, the owner must come before the Board before any demolition occurred. His concern was for structures that were not designated but were eligible for designation. Motion Ms. Stabile moved to approve the changes to the Land Development Regulations. Mr. Gionfriddo seconded the motion that unanimously passed. Mr. Adams encouraged the members to share any suggestions for improvements they had. The Board could change the provisions at any time. This was being addressed now because there were other amendments being made. 7. Other 8 Meeting Minutes Historic Resources Preservation Board Boynton Beach, FL September 10, 2012 Mr. Adams explained he was working on the Barton Cemetery several months ago and had contacted the Florida Public Archeology Network for advice on cemeteries. He had suggested to them at the time that all the training was in St. Augustine and it was cumbersome to attend the training. On November 15, 2012, Sarah Miller from the Florida Public Archeology Network would hold a class in Palm Beach County on cemetery recording and preservation. She asked about using Barton to hold the class, but it was already fully recorded and since it was a small cemetery and about 30 individuals would be attending, they would study Woodlawn or Evergreen Cemeteries in West Palm Beach. The day would involve some classroom time and then hands -on work at the cemetery. The class was from 9 a.m. to 4 p.m. and cost about $15, but there were scholarships available for individuals that could not afford to pay. It should be an interesting day. Mr. Adams was planning to attend but commented it was open to any one who wanted attend. He also agreed to apprise the Board about the meeting. Mr. Adams announced he was asked to speak about the Preservation Program on November 8 at 12:30 p.m. at the Woman's Club. Lastly he received a call from the City of Anna Maria, in Manatee County, who was starting a preservation program. The City based their ordinance around the Boynton Beach Ordinance because they were advised, he assumed by the State, that the City has such a good Ordinance. It appeared the State was impressed with the City's plan. 8. Comments by members Ms. Stabile commented the Boynton Beach Historical Society would have a program on September 17, 2012, on the history of the Boynton Post Office. She thought it would be beneficial to attend the sessions since the Historical Society has supported the Board and their efforts. They no longer meet on the same night as the HRPB. The meeting will be held at 6:30 p.m. at the Boynton Beach City Library. 9. Public comments None. 10. Announce date of next meeting The next meeting would be held on October 8, 2012. 11. Adjournment There being no further business to discuss, the meeting was adjourned at 7 p.m. Catherine Cherry Recording Secretary 09 1212 9