January 28, 2021 ~ Historic District Commission

2021-01-28 · Historic District Commission · 58:15 · watch on YouTube →

A Historic District Commission meeting held over Zoom, taken up mainly with the four tasks the comprehensive plan assigns to the commission. Members were candid that most of them are beyond what a volunteer commission can do, particularly during COVID and on video, and worked through them one by one: they decided not to take on advising property owners about historic tax credits beyond passing along the state's brochure and contact, put the ordinance rewrite aside until they can meet in person, agreed the survey database must be finished before anything else, and settled on the one item they thought achievable: getting the code officer, the planning board and the commission together with the town planner over permit review. Running through the discussion was the commission's lack of any say over historic buildings outside the district, and interest in a town-wide preservation ordinance with a 90-day demolition delay. The meeting also heard an update on the Methodist church sill repair, which had run into unexpected work, and administrative business on membership terms and a shed at 751 Royalsborough Road.

What was discussed

1. 0:03
   Opening

   The commission said the pledge and identified an unnamed caller on the video as Tammy, noted in the minutes as a guest. No amendments to the agenda were offered.

2. 0:03
   Methodist church sill repair

   Work on the sill had been going about three and a half weeks and turned up problems nobody expected: the builders had laid stones one way but not the other, so one corner was sitting directly on dirt with no stone under it. Curbing stone and new granite blocks large enough to carry the building had to be bought, which means more work and more money, though the contractor is giving the commission a break to try to hold the budget. Cold weather was expected to slow it further.

3. 0:03
   Old photographs and the survey database

   As one of the commission's comprehensive plan assignments, old pictures were framed with descriptions and hung in the town hall, with a couple also placed in the Eureka Hall. Members also reported that the surveys the commission carried out will finally be pulled together into a database.

4. 0:03
   Two more alternate members approved

   The commission's request for two additional alternate members has passed. Ruth (?) suggested advertising in the news blast, and members thought it better to wait until after what would have been the April town meeting so any reorganisation could be looked at together. Jim Cherry had expressed interest some time ago and should be asked whether he still is.

5. 5:27
   The commission's Facebook page

   The page Seth set up has been drawing likes and notices, but no current member knows how to post to it. Members thought it worth doing more with, and someone suggested asking Seth whether he would be willing to help from a distance.

6. 5:27
   Membership terms and oaths

   The chair ran through the members' term years (Linda 2023, Paula 2022, Paige 2022, Mary 2023, Lois 2022 and her own 2022) and noted Anita is the only one whose term expires in 2021 and who must retake the oath after April 13th, which Linda agreed to tell her. Ruth had said the terms could be restaggered if the commission wanted, since so many fall in 2022, and members agreed to look at that after town meeting.

7. 5:27
   The shed at 751 Royalsborough Road

   A shed was put up at the property across the road from the chair without anyone asking first. Linda Litchfield is working with the owners on the paperwork, and members clarified that an application of this size comes to the commission rather than going to the code enforcement officer first. Linda was to get back in touch by phone, since she has not visited during COVID.

8. 10:39
   The Union Church committee

   The chair reported asking Ruth about the committee the selectmen had talked about forming for the Union Church, and that nothing has happened with it. She noted that at one point the commission was said to have responsibility for the building while the historical society could use it, and that she had asked for the selectmen to say what they think the commission is supposed to be doing. Ruth (?) said she would ask and report back.

9. 10:39
   Minutes

   The commission realised it had not accepted minutes, and took up both November's and December's, December's having been missed while a guest was present. A motion was made and seconded, but as the vote was called a member said she had not read them yet.

10. 10:39
    Frustration with the comprehensive plan tasks

    The chair said she was frustrated that the commission is being asked to do things well over its head, and that doing them during COVID is unrealistic. She raised whether to tell the selectmen the commission has not forgotten the tasks but will need longer. Others doubted anyone would ever check, and Paige, who had helped interview the commission when the plan was written, said the items came out of what the commission itself had said it wanted to work on.

11. 15:51
    Who is still watching the comprehensive plan

    Members noted the previous comprehensive plan had not been redone in twenty years and was never accepted, and that the plan is a set of vision statements rather than a set of obligations. Paige (?) said any pressure to complete the items is pressure the commission puts on itself. Members also observed that the select board had just finished the budget and would not welcome being told the commission is behind.

12. 15:51
    No town meeting this year

    Members said there will be no town meeting: the budget goes to referendum and the ordinances and everything else will be on a ballot.

13. 15:51
    Task one: advising owners on tax credits

    The first comprehensive plan item is to advise and assist property owners on federal and state historic preservation tax credits and help them apply. The chair had spoken to Mike Johnson at Maine Historic Preservation, who like Megan (?) said helping applicants is well beyond the commission and that owners are normally advised to hire a consultant; he sent a brochure and a list of consultants. The credits apply only to income-producing properties.

14. 21:08
    How far to publicise the tax credits

    Members agreed not to take on assisting applicants. On whether to advertise the credits at all, the view was that it would confuse people, since they apply only to income-producing properties that are on or eligible for the National Register, and that it would be enough for the town office to have the information for anyone who asks.

15. 21:08
    Task two: rewriting the ordinance

    The second item is to revise the historic district ordinances into a historic protection ordinance covering all listed structures in Durham, inside and outside the current district, with a list of comparison towns including Augusta, Topsham, Camden, Castine, Yarmouth, Damariscotta, Rockland and Searsport. The chair said this needs to wait until members can meet in person with help, and that the real question first is whether to create further districts or to protect individual properties.

16. 21:08
    Districts or individual properties

    Members thought the town would not accept a large expansion of the district, so individual properties (the Eureka Center, the Methodist church, the cattle pound) might be more realistic, though several places such as the area around the Methodist corner and near the Friends Meeting House could be districts. Concern was raised about Shiloh, whose owners struggle to keep the buildings up and whose land a gravel pit operator has tried to buy; if it were sold the buildings could be torn down.

17. 21:08
    A demolition delay

    The chair raised the idea of a demolition delay ordinance, giving a 90-day pause before an old building could be taken down so that anyone wanting to intervene had time. Members also observed that other towns' ordinances are far more detailed than Durham's about what may and may not be done to a structure, but agreed reopening the ordinances now is a major undertaking.

18. 26:24
    Protection or preservation

    A member asked why Durham's ordinance says historic protection when other towns use preservation. Paige (?) said the comprehensive plan committee no longer exists so there is nobody to refer it to, that the commission would simply decide which it wants to work towards, and that any change would go to the town. Members thought George, the town planner who put the language in, would know.

19. 26:24
    Task three: the community survey

    The third item is to work with the Maine Historic Preservation Commission on whether a comprehensive survey of the town's historic and archaeological resources is needed. Durham surveyed structures from 1920 and earlier, and also the churches, after Chris Clauss (?) told the commission a survey is the first thing to do. Megan (?) said the standard is 50 years, meaning 1970 and earlier, and the existing database still has to be finalised.

20. 26:24
    Help available on the survey

    The chair had spoken to Michael Goebel-Bain (?) at Maine Historic Preservation, who described a map viewer showing where historic properties are marked and offered to work someone through it, and noted that DOT and other departments have already done archaeological work around bridges, highways and towers. GPCOG, which helped the town establish the historic district originally, had finally called back and might help identify historic structures but could not help with the archaeological side.

21. 31:54
    What else to record

    Members raised sites beyond houses and churches: the foundation of the mill by Runaround Pond, and the cattle pound, whose rocks would be lost for good if they fell. The chair said the commission should think about identifying places and structures important to the town's history, alongside those on or eligible for the National Register.

22. 31:54
    Task four: coordination on permit review

    The fourth item is coordination between the code enforcement officer, the planning board and the commission in bringing Maine Historic Preservation Commission information into permit review. The chair thought this the one item that might actually be achievable: get the three groups together through the town planner and put something in writing, building on what already exists with the code officer for the district.

23. 31:54
    Buildings lost without record

    Members returned to demolition, saying the commission has no say over anything outside the district and would not necessarily even be told. They recalled a house on Quaker Meeting House Road taken down without notice and another the fire department appears to have burned, neither documented. A member said that at a minimum the commission's most important job should be to document the buildings that are coming down.

24. 37:11
    Whether any protection already exists

    A member recalled Paul Baines (?), when he was on the commission, saying something in the town ordinances prevented building within a certain distance of an old house, but no one could remember the detail or whether it applied outside the district. Members agreed to ask the town planner, and were unsure at what stage a demolition permit is even required in Durham; one noted Freeport requires one.

25. 31:54
    The case for a preservation commission

    Paige (?) argued that if the commission's biggest concern is old structures being taken down, then moving from a district to a preservation commission is what to focus on, because it would cover Shiloh and the Methodist church rather than only the district. She noted any such change, including a 90-day demolition notice, would have to go to town meeting.

26. 42:31
    The coming town manager

    Members discussed Durham's move to a town manager, expected after town meeting, and were unsure what it would mean for town meeting and for how ordinances get adopted. One member said the commission should have input on the hiring, wanting someone with an interest in preserving Durham's history who can also work within what residents can afford, and noted the town has been advertising for people to sit on the review committee.

27. 48:03
    What the commission will actually do next

    Members settled on the coordination item as the one to move on. The chair will ask the town planner whether anything in any town ordinance covers demolition, or whether something could be added, and will ask him to convene the code officer, the planning board and the commission. A member suggested the rest be left until meetings can be held in person, with Megan (?) invited back and the new town manager asked to sit in and say how much the town actually wants the commission to do.

28. 48:03
    Recruiting the alternates

    Members confirmed that advertising for the two new alternate seats would wait until after what would have been town meeting, and that anyone who knows an interested person can send them to the town office. Anita had been asked to approach Jeff Wakeman (?) and has not been at a meeting recently; Jim Cherry should also be told, given his earlier interest.

29. 53:12
    Budget and school funding news

    A member reported the budget committee finished and sent its work to the select board, which went over the budget and finalised it for town meeting, moving quickly because everything has to be printed before April. The state's education numbers had become public that day, giving RSU 5 about $400,000 less than the previous year. Another member said the school budget is staying roughly flat, helped by CARES Act money, enough for two or more portable classrooms so that the younger grades can come back full time with the children spaced out.

What was decided

• 10:39
  Accept the November and December minutes. Moved and seconded, but as the vote was called a member said she had not read them yet and the result is not audible on the recording; the discussion moved on with the matter apparently left for later.outcome unclear
• 21:08
  Do not take on advising or assisting property owners with historic preservation tax credit applications. The commission would at most pass along the Maine Historic Preservation brochure and the contact there, and decided against publicising it generally because the credits apply only to income-producing properties on or eligible for the National Register. Agreed in discussion; no motion was made.passed
• 26:24
  Leave the rewrite of the historic district ordinance alone for now. Members agreed the ordinance would only be overhauled as part of a decision to move from a district ordinance to a town-wide preservation ordinance, and that this needs in-person work and outside help rather than Zoom meetings.tabled
• 31:54
  On the survey task, finish the database for the structures already surveyed before deciding whether to extend the cut-off from 1920 to 1970 and whether to identify separately the places and structures important to Durham's own history. Agreed in discussion; no motion was made.passed
• 48:03
  Pursue the coordination item as the one achievable task: the chair will ask the town planner whether any town ordinance addresses demolition or could, and will ask him to bring the code enforcement officer, the planning board and the commission together to agree how they communicate on permit review. Agreed in discussion; no motion was made.passed
• 48:03
  Hold off advertising the two newly approved alternate seats until after what would have been the April town meeting, when the commission also wants to look at restaggering members' terms.tabled

An outcome reads "unclear" where the recording does not state it plainly. The recogniser drops short words, and "the motion does not carry" is one missing word from its opposite.

Worth knowing

• 0:03
  Three and a half weeks into the Methodist church sill repair the contractor found the building had never had stones laid under one direction, so a corner was sitting straight on dirt. Curbing stone and new granite blocks had to be bought, costing more than planned, and the contractor is giving the commission a break in an attempt to keep the job within budget.
• 31:54
  The commission has no say over historic buildings outside the district and would not necessarily even be told one was coming down. Members recalled a house on Quaker Meeting House Road taken down without notice and another that appears to have been burned by the fire department, neither of them documented. Moving to a town-wide preservation ordinance with a 90-day demolition delay was raised as the answer, but would have to go to town meeting.
• 26:24
  Durham's building survey covered structures from 1920 and earlier, plus the churches. The state contact told the commission the standard is anything more than 50 years old, meaning 1970 and earlier, which would mean surveying another fifty years of buildings. The existing survey still has to be turned into a finished database.
• 53:12
  The state's education subsidy figures became public that day and would give RSU 5 about $400,000 less than the previous year. A member on the school side said the school budget is nonetheless staying roughly flat, helped by CARES Act money that is paying for two or more portable classrooms so the younger grades can return full time with children spaced out.

Motion language found in the transcript

Located by pattern matching, with no model involved: "I move that", "I'll second", "all those in favour". This is an independent check on the summary above: 1 passage of motion language, against 6 decisions summarised.

Elsewhere

2021-02-18 Historic District Commission →All meetings