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HISTORIC PRESERVATION COMMISSION HEARING MINUTES OCTOBER 13, 2016 Commissioners Scott Winnette, Chairman (not present) Stephen Parnes, Vice Chairman Dan Lawton Michael Simons (not present) Carrie Albee (not present) Alan Miner Peter Regan Matthew Bonin, Alternate Aldermanic Representative Donna Kuzemchak Staff Lisa Mroszczyk Murphy, Historic Preservation Planner (not present) Christina Martinkosky, Historic Preservation Planner Scott Waxter, Assistant City Attorney Matt Davis, Manager of Comprehensive Planning Joe Adkins, Deputy Director of Planning Shannon Pyles, HPC Administrative Assistant Call to Order Mr. Parnes called the meeting to order at 6:00 P.M. He stated that the technical qualifications of the Commission and the staff are on file with the City of Frederick and are made a part of each and every case before the Commission. He also noted that the Frederick City Historic Preservation Commission uses the Guidelines adopted by the Mayor and Board of Aldermen and the Secretary of the Interior s Standards for Rehabilitation published by the U. S. Department of the Interior, National Park Service, and these Guidelines are made a part of each and every case. All cases were duly advertised in the Frederick News Post in accordance with Section 301 of the Land Management Code. I. Public Hearing Swearing In Do you solemnly swear or affirm that the responses given and statements made in this hearing before the Historic Preservation Commission will be the whole truth and nothing but the truth? If so, answer I do. II. Announcements There were no announcements from staff or the Commission. 1

III. Approval of Minutes 1. September 22, 2016 Hearing/Workshop Minutes Motion: Stephen Parnes moved to approve the September 22, 2016 hearing and workshop minutes as written. IV. HPC Business 2. Administrative Approval Report 3. Code Enforcement Report 4. Review and Approval of 2017 Historic Preservation Commission Schedule Motion: Stephen Parnes moved to approve the schedule for 2017 as presented. Second: Peter Regan 5. Request for Demolition Review 13 Kline Blvd. Motion: Stephen Parnes moved to not pursue designation of the garage located at 13 Kline Boulevard. V. Consent Items There were no consent items. VI. Continuances There were no continuances. VII. Cases to be Heard 6. HPC16-774 351 W. Patrick Street Joe Dannis Replace window and siding J. Chris Benjamin, agent Christina Martinkosky Ms. Martinkosky entered the entire report into the record. Motion: Alan Miner moved to approve the concept of the custom mill replacement siding and custom fabricated all wood, true-divided light windows from Cave Town Mill 2

and large scale details of the window elements is submitted for staff approval and the allowance of installation of ½ plywood to stabilize the building provided that the plywood and siding do not create a situation where the siding would protrude past the brick side wall. Second: Peter Regan 7. HPC16-550 113 E. 7 th Street Ryan Weinstein Amendments to new garage Lisa Mroszczyk Murphy Mr. Parnes announced that the applicant requested a continuance to the December 8, 2016 hearing. Motion: Stephen Parnes moved to continue this case to the December 8, 2016 hearing. 8. HPC16-557 101 N. Court Street City of Frederick Remove Taney and associated plaque, remove Johnson bust Nikki Bamonti, agent Lisa Mroszczyk Murphy/Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Public Comment Peter Samuel, resident of Frederick, stated that the strongest argument for moving the Taney bust is that the front door is where you have the symbols of honoring people so the front door of City Hall is the most inappropriate place to have such a controversially manner as Roger B. Taney. Robert Higby, resident of Frederick, stated that there is a museum for Roger B. Taney whose goal is to put into place the trials and tribulation the African Americans went through while seeking equality in this country. He said that Frederick has such a wonderful reputation in their honest and accurate recording of historic events. He stated that if it were to be removed from the front of City Hall we are in effect trying to hide it which is the last thing our country wants to do. Willy Mahone, resident of Frederick, stated that he had a chance to look at the Frederick Town Historic District Design Guidelines and it appeared to him that the staff s findings were consistent and he commended them for that. He said that removing those busts or statues would not affect the main structure nor affect the street view of this building. He stated that we can choose to continue to give honor to the mean spirits and idea of racial hatred or we can choose to remove the bust and move forward to a new day. David Key, resident of Frederick, stated that it is very hard for him to embrace a person who would paint an entire race with a single brush stroke and that is exactly what Roger B. Taney did with the Dred Scott decision. He said that it is important that we evolve and see the ills of that decision. He stated that we want to move forward and become better people as a result of it and there have been a number of things moved from one location to another and it does not change the history. 3

Rose Chaney, resident of Frederick, stated that part of her letter was read previously and she read it in its entirety. Marguerite Sharpe, resident of Frederick, stated that she remembers a saying from high school which is Those who do not remember the past are condemned to repeat it and you see it happen throughout our history and our world. She added that to say Governor Johnson does not belong in front of City Hall is wrong because he is a patriot. She said in regards to Taney she can understand that he was a very controversial figure in our history but he was a very skilled lawyer and did a lot of things to help build our country. Gerald Palm, resident of Frederick, stated that you can feel the hurt and shame that this brings on the City of Frederick. He said that he came today to ask the Commission to honor the Mayor and Board of Aldermen s decision to remove the bust from City Hall. Carol Antoniwicz, resident of Frederick, stated that she is very relieved that the Guidelines can be observed by removing the Taney bust and she would have taken difference if that didn t follow suit because there are times when justice, truth and reconciliation would have to be called in to overcome the letter of the law. She said that she supported the African American leaders that have said it is time for this to go. She added that Judge Taney s writings in the Dred Scott decision that black folks have no rights that white men are bound to respect does not belong in our community. Howard Cox, resident of Frederick, stated that the Dred Scott decision is the single most reprehensible piece of American jurist decision making that we can point to and it is pointed to more than anything else. He said that they could update the plaque located at the statue to explain how bad the Dred Scott decision was and how it remains to be an important piece of our history. He added that by removing the Taney bust they are removing all his history, good or bad. Tom Summers, resident of Frederick, stated that the busts should not be moved from the front of City Hall because they have been there for years. OJ Keller, resident of Frederick, read documentation that showed Taney freed slaves and read his biography. Daniel Mahone, resident at Frederick, stated that staff did a wonderful job in finding that nothing would lose historical significance if the busts were removed from City Hall. He said that keeping the busts in the current location is coming from one perspective. He then read a letter written by Barry Kissen into the record. Teresa Michel, resident of Frederick, stated that she has had the unique opportunity to look at the Taney and Johnson busts all her life as someone who lives nearby and every single day she sees people from every walk of life stop, read and learn from the information that is associated with the busts. She said that she would encourage people throughout the community to stop and learn from the busts and she asked the Commission to vote to leave the busts where they are. Motion: Dan Lawton moved to approve the removal of the two busts in front of City Hall because although they found them to be historical contributing the removal will not cause the integrity of the streetscape to be compromised or the integrity of any surrounding historic properties and the removal will not significantly alter this site, building or surroundings. He moved that the bust and pedestals only are removed and that the bases remain for the possibility of new sculptures as the City decides to be installed. 4

Second: Vote: Matthew Bonin 4 1, Alan Miner opposed 9. HPC16-632 101 N. Court Street City of Frederick Remove brick walkways adjacent to two busts Nikki Bamonti, agent Lisa Mroszczyk Murphy/Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Motion: Alan Miner moved to approve the application as submitted by the City for the removal of the brick walkways around and leading to the aggregate concrete bases with the replacement of grass being acceptable. Second: Peter Regan 10. HPC16-592 20 W. 2 nd Street David & Stephanie Weiglet Adaptive reuse Brian Bradfield, agent Christina Martinkosky Ms. Martinkosky entered the entire staff report into the record. Motion: Stephen Parnes moved to allow for flexibility in the zoning with regard to Section 801 of the Land management Code. Motion: Alan Miner moved to approve the application as submitted with the product information and most recently submitted plans dated 9/30/2016 with the following conditions: The masonry cleaner is utilized with City water pressure and no use of a pressure washer. If results are unsatisfactory they may come back for allowance to step up the methods as necessary. The wall mounted lights are installed in the mortar joints as to not damage the historic masonry. The roof should it need replaced would require either revisions to this application or staff approval for new materials on the roof. Any stained glass or frosted glass removed for the installation of the clear glazing for operable windows is retained for replacements and so forth for the rest of the building. Second: Matthew Bonin 11. HPC16-757 2 N. Market Street Anson Smith Replace steel doors with fixed steel plate Barry McNeill, agent Matthew Davis Mr. Davis entered the entire staff report into the record. 5

Motion: Matthew Bonin moved to approve the replacement of the steel doors with steel plates. 12. HPC16-812 56 S. Market Street 6601 Suitland Road, LLC Demolish 2-story warehouse & partial freestanding rear wall Abdullah H. Hijazi, agent Joe Adkins Mr. Adkins entered the entire staff report into the record. Public Comment Jim Schmersahl, resident of Frederick, stated that he had concerns with how the applicant would gain access to this lot to do the demolition because its rear lot line does not extend east to the service drive that is currently there. He said that the last thing he would want as a resident of Maxwell Place is demolition equipment crossing their service drive to get to this property. Zack Kershner, Director of Public Works for the City of Frederick, stated that he had an opportunity to review both of the engineering reports submitted by the applicant and additionally he was also with the City s consultant engineer when they conducted their inspection of the sites. He added that he concurred with the recommendations and findings in the reports and he believed at this time the demolition of the two story portion of the building is appropriate for the reasons listed in the reports. Motion: Dan Lawton moved to approve the demolition of the two-story brick warehouse at the rear of this property and partial brick wall as was previously approved but to modify that approval to allow for a replacement plan that is simply cleaning the site and removing all rubble and stabilizing the remaining building as needed. VIII. Citizen Comment There were no citizen comments. The meeting was adjourned at approximately 8:49 PM. Respectfully Submitted, Shannon Pyles Administrative Assistant 6