Staff member Cindy Kebba stated that this COA originated from a review of Mr. Lenihan’s tax credit application because two of the items on the tax credit application required HDC approval.  The work has already been completed so Ms. Kebba was bringing forward a request for retroactive approval. The work included replacement of aluminum storm windows with vinyl storms and replacement of a wood basement door with a steel door.  Staff recommended approval as the replacements follow the Technical Guides for Exterior Alterations but she noted that retroactive requests for approval can result in an owner having to reverse changes that the HDC does not approve, which can be costly.

Commissioner Moloney asked if the applicant had retained the old basement door and Ms. Kebba replied that he had not.  Mr. Moloney said that it would have been nice to have the door to re-use on another part of the house or to salvage for another property.

Chair van Balogooy said that the HDC discourages requests for retroactive approvals for the same reasons noted by staff.

Commissioner McCool asked if another property owner could perform work without HDC approval if similar work at another property were approved.  Staff replied that every situation is different, and work requiring HDC approval must be individually reviewed and approved by the HDC even when the situation appears to be the same as work approved elsewhere.

MOTION:  Commissioner McCool moved to approve HDC2008-00428 as per the staff report recommendation.  Commissioner Moloney seconded the motion.

VOTE:        3-0

V. MONTGOMERY COUNTY HISTORIC PRESERVATION TAX CREDIT APPLICATION

A. HDC2008-00428 
Applicant:    Jacob Lenihan
Address:      309 Potomac Street
Request:     Tax Credit Eligibility Recommendation

Tax credit application HDC2008-00427 is associated with the previously-described work (HDC2008-00428) and property and which also included ordinary maintenance items that do not require HDC approval.

MOTION:  Commissioner McCool moved to approve HDC2008-00427 per the staff report recommendation.  Commissioner Moloney seconded the motion.

VOTE:        3-0

VI. EVALUATION FOR HISTORICAL, ARCHITECTURAL OR CULTURAL SIGNIFICANCE

A. Applicant: Peerless Rockville Historic Preservation, Ltd.
Owner:             18 West Montgomery Avenue L.L.C. – c/o Joey Soleiman
Address:          18-20 West Montgomery Ave.
Request: Evaluation of Significance

Staff member Jeff Winstel reported that Rockville’s first documented building permit was issued for the construction of the Dawson Store in 1890. In 1894, Thomas Dawson was admitted to the Bar and began his law practice, leasing out the store.  Thomas Dawson died in 1924, but the family retained ownership of the property until 1933.  Buell and Margaret Gardner acquired the property in 1935 and retained ownership until 1969.  In the 1960s, Perry and Eleanor Burbank operated Burbank’s Luncheonette out of 20 West Montgomery Avenue.  In 1970, Hence Maynard acquired the Luncheonette and retained the name of Burbanks. The Maynard family operated Burbanks from 1970 to 2003.

Sanborn Maps suggest several aspects of the building have changed over time, including the height, width, rear additions, porches and the nature of the shared wall between 18 and 20 West Montgomery Street.  The maps indicate the brick façade was added sometime between 1924 and 1949.  Also during this time period the west bay was widened from 16’ to approximately 20’, the east bay’s rear extension was filled in and the interior partition wall changed to a structural wall.  Based on the current physical appearance and finishes of the building, the building’s predominate exterior physical character dates from between 1924 and 1949.  However, the massing, height, setback, location and roof shape are very consistent with late nineteenth and early twentieth century structures found in Rockville’s commercial district.   

The 1986 Historic Resources Management Plan for the City of Rockville lists the subject property under Historic Context #6, Rockville: Maturation and Expansion of the County Seat, 1893 – 1931 The Building Phase, Theme 3: Economics.  Based on an assessment of the history and architecture of the site, Staff finds that this property meets the adopted Rockville criteria for a local historic district.  The period of significance recommended is from the construction date of 1890 to the end of Burbank’s restaurant in 2003.  The property qualifies under City of Rockville Criterion B: Historical and Cultural significance; having character, interest, or value as part of the development, heritage or cultural characteristics of the City. 

Commissioner van Balgooy asked about the period of significance being extended to 2003 as suggested by the nominator, instead of an earlier date.  Staff Winstel stated that there are two possible ways of considering the period of significance, one being that Burbanks restaurant remained open until 2003 and the building is historically significant for its association with the restaurant.  The other would be to end the period of significance before the 1970s façade alterations were made, which would mean the building was significant for representing a common type of commercial structure in Rockville before the urban renewals occurred. Commissioner van Balgooy also asked for clarification on the Dawson’s ownership of the store.  Staff replied that Hal Dawson owned a store in the 1870s, moved to the Dakota Territory and Thomas built the subject structure and ran the store until passing the Bar.  At that point, he leased it out.  Staff is unclear regarding Joe Dawson association and deferred to form preparer, Eileen McGuckian, from Peerless Rockville.

Ms. McGuckian stated that a Sentinel article from 1874 referred to a store being built by Hal Dawson on Quality Hill, where Bombay Bistro is now located.  Commissioner van Balgooy clarified that the structure being discussed is not associated with Hal Dawson, and there were two different stores with two different chains of title.  Ms. McGuckian stated that Rebecca Fields from the Sentinel acquired the land, which also contained the newspaper’s office and their home, and sold off little pieces of it over time. Commissioner van Balgooy asked if we are certain that the Fields didn’t construct the building.  Ms. McGuckian stated that the building permit does not list the Fields. 

Ms. McGuckian addressed the question regarding the period of significance, stating her belief that it should extend to 2003 because that is the period of time the building functioned as a small commercial structure in its location and it retains its scale, massing, basic shape and roof line.  The building has changed over time but most things do change over time.

Commissioner Moloney stated that extending the period of significance includes the 1970s, which includes non-compatible alterations.  Ms. McGuckian stated that the brick veneer was added before 1949 but is not original to the building, so it’s all a part of the building’s history.
Commissioner Moloney questioned the 1970s brick because it substantially reduced the larger commercial glass windows in size, which compromises the buildings historic street presence.

Commissioner van Balgooy asked about Joseph Dawson’s association with the building.  Ms. McGuckian explained the Dawson’s role in the community as shopkeepers and substantial landowners and farmers.

Commissioner van Balgooy asked if anyone from the audience wished to speak.

Joey Solieman, 112 Eswothy Place, North Bethesda, identified himself as the property owner, President of the Limited Liability Corporation that is the owner of record.  Mr. Solieman stated that he is not in favor of having his building declared a Historic District. The building has had major changes to it and, since the 2003 fire, his attempts at repairing the building and renting it out have been unsuccessful and a financial drain.  He stated the building has not been able to comply with code and one tenant gave up trying after two years. 

Recently he acquired a permit to repair the fire damage by doing some re-framing. Rockville building inspectors issued a stop work order saying the foundation is not safe.  Mr. Solieman quoted the Inspector’s report and asked that it be added to the record and stated that the HDC should consider that the building is unsafe, and an eyesore and it is financially infeasible to repair.  People continue to ask him when he is going to tear it down and build something new in its place.  He claims that the City told him previously that the building was not historic and noted that it is not even mentioned in Ms. McGuckian’s book on the history of Rockville. 

He characterized the current building as nothing more than a rectangular box that is not the same building that was there before.  He is concerned that designating the property historic would accomplish nothing more than keeping the eyesore there for years to come.  He would like to tear it down and build something that would be an asset to the City. 

Commissioner Hunt-McCool asked if he had been restoring the building up until today when the stop work order was issued.  Mr. Solieman said that he has been putting money into the building continually but he can’t meet current codes, saying old buildings were not constructed to meet current code.  Commissioner Moloney stated the permit to reframe and repair the fire damage and the recent stop work order states that work went beyond what was permitted.  Mr. Solieman stated that his contractor stated he was doing everything to code and following the plan.  Commissioner Moloney asked if he disagreed with the inspection report.

Commissioner van Balgooy stated that the building permit is outside the purview of the HDC and they do not consider structural condition for determinations of historic significance.  The Commission and the property owner discussed costs of fixing the building, some alterations that can be made to historic buildings, and the City cutting off power due to unsafe conditions.  Mr. Solieman reiterated that he doesn’t think there is any historic fabric left on the building.  
He stated that he would work with the Mayor and Council and find solutions to the parking needs if he could build something new on the site.

Commissioner van Balgooy thanked him and asked if anyone else would like to speak. 

Harvey S. Jacobs, 11 N. Adams Street (office address) stated he was in his office near the building on the day the murder was committed in 2003 at 18 West Montgomery Avenue, and he has to walk by the site every day since then.  He stated the building is an eyesore, the property is stigmatized and frozen in time from when a heinous crime was committed.  Mr. Jacobs stated that he is a real estate attorney and understands takings and eminent domain, and thinks the Commission should consider Mr. Solieman’s private property rights.

Commissioner van Balgooy closed the public hearing portion of the meeting, stating that it was time for the Commission to deliberate and ask questions of the staff. Commissioner Moloney stated that they cannot consider proposed uses for the building or site, and believes the building could not be replaced or moved in that the value of the building where it sits could not be returned. The building does retain its massing and is one of the only remaining historic commercial structures in Rockville.  He stated concern over the period of significance asking what they would think if the owner wanted to restore the façade to it’s 1970s alteration appearance.  Although the building is associated with a heinous crime it is also associated with good things from the past.  If the building’s structure is being compromised, then it needs to be evaluated by an engineer.   

Commissioner van Balgooy asked if he thought the building meets the criteria for representing a type, period or method of construction and Commissioner Moloney stated that he thinks it does. 
Commissioner Hunt-McCool stated that she is concerned about the period of significance as it is too broad and provides little direction for major changes to the building.  She asked what changes have occurred that are considered reversible and why.  She is concerned that it not be returned to its post-1970s appearance.

Commissioner van Balgooy affirmed that Commissioner Hunt-McCool thinks the building is significant for representing a type of building from a distinct period.  Criteria 2E.  Does it exemplify cultural, economic, social, political or historic heritage of the County and its communities?  He asked staff to explain what is the difference between C and D (AC and AD).  Staff Winstel responded that D is level of significance and C refers to areas of significance. 

Commissioner Moloney stated that there are many areas of historic significance that apply.  Commissioner Hunt-McCool stated she was more comfortable with it being considered contributing versus noncontributing as in a district.  Staff and Commission discussed the appropriateness of amending the Courthouse Historic District, which abuts the property, to include the subject property.  Staff recommended that if that was to be pursued the evaluation of significance report would have to be resubmitted as that is not what was proposed by applicant. 

Discussion continued regarding the period of significance and ownership under Burbanks and operation as luncheonette using the name of Burbanks.  Commissioner Hunt-McCool would like the period of significance to end sooner, suggesting 1941.  Commissioners van Balgooy and Moloney believe the period of significance should extend to the end of the Burbanks ownership, 1974.  Commissioner van Balgooy suggests that the criteria include 1C, 1D and 2A, 2E: Exemplifies the cultural, economic, social, political or historic heritage of the County and its communities; Has character, interest, or value as part of the development, heritage or cultural characteristics of the City, County, State, or Nation; Embodies the distinctive characteristics of a type, period or method of construction; and, Represents an established or familiar visual feature of the neighborhood, community or county due to its singular physical characteristic or landscape.

MOTION:  Commissioner Moloney moved to recommend 18-20 West Montgomery Avenue as a single site historic district to the Mayor and Council as the property meets the following established criteria: 

I. Historical and Cultural Significance:
    C. Exemplifies the cultural, economic, social political or historic heritage of the
       County and its communities;
    D. Has character, interest, or value as part of the development, heritage or
       cultural characteristics of the City, and

II. Architectural and Design Significance:
     A. Embodies the distinctive characteristics of a type, period or method of
       construction; and
     E. Represents an established or visual feature of the neighborhood, community
       or county due to its singular physical characteristic or landscape.

Commissioner Hunt-McCool seconded the motion.

VOTE:        3-0

MOTION:  Commissioner Moloney moved to recommend the period of significance for the site be from the date of construction in 1890 to 1974. 

Commissioner Hunt-McCool seconded the motion

VOTE:        3-0

VII.     DISCUSSION/UPDATES

A. RORZOR Planning Commission Revision

Staff Winstel presented a power point regarding recommendations the HDC made for the Zoning Code revision.  Each item was presented with staff comments and Planning Commission’s recommendation to Mayor and Council.  The items are summarized as follows:

• Should the definition of Demolition by Neglect remain as is or should it be replaced with Article 66B’s definition?
• Should mixed-use zones contain layback slopes if they abut or confront historic resources?
• Should the Red Brick Courthouse parcels be rezoned Park instead of MXTD?
• Should the Site Plan Review process be amended to include a statement indicating that HDC review may be necessary if Historic Districts or potential Historic Districts were identified in the Natural Resource Inventory of the site plan or if the project is located on property that is adjacent or abuts a Historic District?
• Should the points system include another column that relates to whether or not the Site Plan application proposed to demolish an existing building?
• Should the HDC duties be more actively described?
• Should some uses not be permitted by right in the Park Zone if they contain historic resources?

Staff asked for clarification on HDC concern regarding the proposed definition for Demolition by Neglect and the State of Maryland’s Article 66B definition for demolition of historic resources.  The HDC expressed support for the proposed definition for Demolition by Neglect.
The HDC did not agree with Planning Commissions recommendation that the layback slope requirement not be extended to all Historic Districts, residential or not.  HDC asked staff to report this to Mayor and Council on their behalf.

B. Preserve America Grant Award

Staff Winstel reported that the City of Rockville received a $20,000 matching grant to update the City’s inventory of historic structures and historic building catalog, also noting that the Planning Commission recommends to Mayor and Council that this inventory be completed and identify buildings of potential historic significance, which is needed to efficiently handle development review.   

C. African American Walking Tour Exhibit Panels

Staff Winstel reported that the Request for Quotes for the African American Walking Tour Exhibit Panels went out and has been awarded.  Draft text and images have been sent out for review by city staff, Peerless and the HDC.  

D. Rockville Cemetery Brochure

Staff Winstel reported that the design and camera-ready copy of Rockville Cemetery Brochure has been completed and bids for printing will be received by the end of the week.  The brochure printing is being funded by grants from Heritage Montgomery and the Montgomery County Planning Commission.  City Graphic Specialist Lori Russler was thanked for her work on the project and Staff Winstel stated the print run is expected to be 5,000 and it will be distributed at the cemetery over Memorial Day weekend.    

E.  The Montgomery County Heritage Festival will be held June 29.  City Historic Preservation staff will be working with Peerless Rockville and the Montgomery County Historical Society to conduct walking tours of the historic West End and will have an exhibit on Victorian-era Hotels, such as Woodlawn Hotel, which was the first use of Chestnut Lodge.   

VIII.  MINUTES
      
HDC Meeting 3-08, March 20, 2008

MOTION:  Commissioner Hunt-McCool moved to approve the minutes as submitted by staff.  Commissioner Moloney seconded the motion.

VOTE:        3-0

 IX.    ADJOURN
  
The HDC adjourned at 9:55 p.m.