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HomeMy WebLinkAboutMN-ILPC-1971 ITHACA LANDMARKS PRESERVATION COMMISSION MINUTES OF MEETING 28 April 1971 7:30 p.m. PRESENT: Chm. Roberts; Mrs, Warren; Messrs. Brown, Gardner, Jacobs, Jones, Taube. Minutes of the 14 Apr. meeting were approved on motion by Mr. Jacobs, seconded by Mrs. Warren, and carried. OLD BUSINESS: a) Boardman House: The results of the 19 Apr. meeting of the Planning and Public Works and the Intergovernmental Relations committees of the County Board, on the matter of redevelopment of the former I.C. buildings, including Boardman, adjacent to DeWitt Park and now owned by the county. Members of the Commission who were present at that meeting reported that the county has deferred decision on what to do with Boardman, though they strongly favor removing the others for a new office structure. The deferral gives this Commission and the public until 1 July to present proposals for the retention of Boardman House in some form as an important feature of the park and a representative of Ithaca's heritage. Chm. Roberts requested all Commission members to seek ways to effect preserva- tion, such as through lease agreements and other arrangements, which might be applied to this case. b) Mr. Jacobs reported that he had heard that the State Historic Trust had approved Historic Ithaca's application for designation of DeWitt Park and other items, and forwarded them to HUD for consideration for the national Historic Trust roster. He also informed the Commission that the Ithaca Chapter of AAUW is sponsoring a discussion on the subject of Boardman House on May 12 at 8 p.m. in the Women's Community Building auditorium, and urged Commission members to attend. c) Chm. Roberts called on all members to be thinking of buildings and sites for pos- sible designation, and asked them to bring lists of nominations to the next meeting. d) Mr. Jacobs noted that the county Temporary Historic Commission recommended the study of possible further use of DeWitt School , to be unused by the schools after '71 or '72, in consideration of the part it plays in the park environment. The study done by UDC along these lines indicates insufficient demand for the space to make it a viable operation. Professor Jacobs wondered if it might still not be better to turn it into a community center, rather than remove the associated activity to the Central School building as is now being proposed. e) Some other discussion of buildings of possible worth centered on the old Victorian mansion on 'Terrace Hill ,' said to have been partially restored on the inside. NEW BUSINESS: a) Draft of Rules of Procedure: Chm. Roberts offered his draft, which was explained and discussed in detail . It was suggested and unanimously agreed that Sec. 301 (2)a. should read simply "Regular meetings shall be held on the second Monday of each month at such hour as the Chairman shall designate." etc. it Sec. 301 (5), Voting and Disqualification of Members, was discussed extensively, par- ticularly as to how personal (family, etc. ) and financial interest shall be determined, and whether presence at pre-designation hearings is absolutely necessary for a member to have sufficient information for voting. Mr. Brown, seconded by Mr. Gardner, moved to sub- stitute the word 'beneficially' for the words 'personally or financially' in the sentence beginning, "No member of the Commission " in the section, and that the portion of the sentence after the word 'interested' be deleted; the motion passed unanimously. Mr. Jones proposed a further amendment to the effect that a member should be required to attend one or more of the hearing(s) on a designation, or study the minutes thereof, or otherwise diligently attempt to inform himself on a specific case, before being allowed to vote on it. After inconclusive debate, he withdrew his amendment, and the Chairman directed that a 'sense of the body' footnote be made to this subsection, on this matter, as follows: Recognizing that there are ways, other than attending hearings, by which a member of the Commission may become fully acquainted with the pros and cons of a designation, it is the intention of this Commission to depend on the discretion of the individual member as to whether he has sufficient information to allow him to render a fair judgment at the final vote. A member may abstain from voting or dis- qualify himself from participating in the final discussion and voting, for lack of information, or by reason of beneficial interest as a result of family or other personal connections, or financial interest in the property concerned or adjacent. Mr. Jacobs then moved that the first sentence of subsection 301 (5) be changed to read (words added are underlined), "All matters shall be decided by a majority vote of those present and a roll call vote may be requested by any member." Mr. Taube seconded the motion. Mr. Brown proposed amending the motion by adding, "A roll call vote must be held in case of designation of a property and in case of final action pertaining to demolitions and alterations. " Mr. Jacobs and Mr. Taube accepted the amendment, and the amended motion passed unanimously. The Chairman suggested adding the City Building Commissioner to the officials re- ceiving file copies of designations, as set forth in Sec. 501 (2). There was no objection to the addition. Mr. Brown, seconded by Mr. Gardner, then moved acceptance and adoption of the rules of procedure, as presented in draft form, with additions and amendments as noted above, as the official rules of procedure of the Landmarks Preservation Commission of the city of Ithaca. The motion was unanimously approved. b) The Chairman set the next regular meeting of the Commission for 7:30 p.m. 10 May, in room 304 ('Board Room' ), City Pall. (This meeting was subsequently postponed indefinite- ly on the Chairman's order. ) There was no further business, and the meeting adjourned at 9:45. Most respectfully submitted, J. C. Meigs 5.12.71 Secretary LANDMARKS PRESERVATION CORMISSION CITY OF ITHACA, NEW YORK RULES OF PROCEDURE Adopted by the Commission, April 28, 1971 Sec. 101 GENERAL GOVERNING RULES The Landmarks Preservation Commission shall be governed by the provisions of all applicable state statutes, local laws, ordinances and these rules. Sec. 201 OFFICERS AND DUTIES (1 ) Chairman and Vice-Chairman The Commission shall elect annually from its membership by a majority vote of the members attending a Chairman and Vice-Chairman who may be elected to succeed themselves. The term of office of the Chairman and Vice-Chairman shall be one year. This election shall be held at the first regular meeting of the year. The Chairman, or in his absence or incapacity the Vice-Chairman, shall decide all points of order or procedure and may administer oaths, and compel the attendance of witnesses. (2) Secretary In accordance with Section 4 of the Landmarks Ordinance, the Planning Officer shall act as Secretary. The Secretary shall keep all records, conduct all corres- pondence of the Commission and supervise the clerical work of the Commission. The Secretary shall keep a minute book of the proceedings of each meeting and hearing which shall include the vote of each member on each designation and approval of Certificate of Appropriateness or if absent or failing to vote, indicating such fact; the names and addresses of all witnesses, a summary of the facts on which the decision is based, and the decision rendered, and other offician actions of the Commission. Sec. 301 MEETIAS (1) Quorum A quorum shall consist of a majority of the Commission. (2) Time of Meeting a. Regular meetings shall be held on the second Monday of each month at such hour as the Chairman may designate. The first regular meeting in January shall constitute the annual organization meeting of the Commission. b. Special meetings may be called by the Chairman at any time provided that at least 48 hours notice shall be given each member before a special meeting is held. A special meeting may be called by any three members of the Commission pro- vided reasonable notice is given to all the members. (3) Cancellation of Meetings Whenever there are no designations or other pertinent business to be considered at a regular meeting, the Chairman may dispense with such meeting by so notifying each member at least 48 hours prior to the time set for such meeting. (4) Order of Business The order of business shall be: a. Roll Call b. Public hearings c. Approval of minutes d. Action on held cases e. Action on new cases f. Other business g. Adjournment (5) Voting and Disqualification of Members All matters shall be decided by a majority vote of those present and a roll call vote may be requested by any member. A roll call vote must be held in case of designation of a property, and in case of final action pertaining to demolitions and alterations. No member of the Commission shall sit in hearing or vote on any matter in which he shall be beneficially interested.* *Recognizing that there are ways, other than attending hearings, by which a member of the Commission may become fully acquainted with the pros and cons of a designation, it is the intention of this Commission to depend on the discretion of the individual member as to whether he has sufficient information to allow him to render a fair judgment at the final vote. A member may abstain from voting or disqualify himself from participating in the final discussion and voting, for lack of information, or by reason of beneficial interest as a result of family or other personal connections, or financial interest in the property concerned or adjacent. per Minutes of 28 April 1971 Sec. 401 PUBLIC HEARINGS (1 ) Open meetings All regular or special meetings shall be open to the public and shall be considered public hearings for purposes of designations and other business requiring public hearings. (2) Notice of Hearings No designation shall be decided until after due notice has been given and a public hearing has been held thereon. Due notice of a hearing shall be as follows: a. By publication of a notice thereof once in one official paper of the city at least fifteen (15) days before the date of hearing. b. The Commission shall mail notice of the hearing to the owner of the property to be considered or his attorney or agent at least fifteen (15) days be- fore the date of the public hearing. c. The Commission shall also, in the case of a designation of a Historic District, and, insofar as practicable, mail notices of the hearing to all property owners as appears on the latest tax roll of the city, within a two hundred foot (200' ) radius of the premises affected by the designation. Such notices shall be mailed to the street address of the properties within 200' radius regardless of whether or not the owner resides therein, unless the Commission has definite know- ledge of other addresses of absentee owners. Notice of the hearing shall also be sent to the councilmen of the district within which the proposed Historic District is located. Compliance with this sub-paragraph shall not be a condition precedent to proper legal notice and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this sub-paragraph. (3) Conduct of Public Hearings Any person may appear in person, by agent or attorney at any public hearing. The order of proceedings in the hearing of each case at a public hearing shall be as follows: a. Reading of the public notice of the hearing by the Chairman. b. Reading of pertinent written commends or reports concerning the designation. c. Witnesses in favor of the designation. d. Witnesses in opposition to the designation. e. Rebuttals. The Chairman or any member of the Commission may require any witness to swear or affirm that his or her statements of fact are true. (4) Rehearings No request for a reconsideration of a decision shall be accepted at any time, if it appears that no substantial change in facts, evidence, or conditions of the property has occurred. Sec. 501 DECISIONS (1 ) Form of Decisions All decision of the Landmarks Preservation Commission shall be by resolution. The basis for the determination of each decision, and a detailed summary of the facts upon which the determination is made, shall be recorded in the decision and shall constitute a part of the record thereof. (2) Filing of Decision Within seven days after designation of a Landmark or Historic District, the Commission shall file a copy of such designation with the Planning Board, with the City Building Commissioner, and with the Common Council. Any designation approved by the Council shall be final and in effect on and after the date of approval by the Council. Sec. 601 APPEALS (1) Time Limit for Appeals An appeal must be made within 60 days after the action of the Commission which is being appealed from. (2) Filing of Appeals The applicant shall file his appeal in duplicate with the Secretary of the Commission; one copy of which shall be forwarded to the Secretary of the Common Council of the City of Ithaca. Appeals shall be signed by property owners or a certified agent. Sec. 701 AMENDMENTS These rules may be amended at any regular meeting by an affirmative vote of not less than four voting members of the Commission, provided that such amendment has been presented in writing to each member of the Commission at least 48 hours preceding the meeting at which the vote is taken. !'. tTHACA LANDMARKS PRESERVATION COMMISSION * MINUTES OF MEETING 17 June 1971 7:30 P.M. PRESENT: Chm. Roberts, Mrs. Warren, Messrs. Jacobs, Jones, Taube, Gardner. OTHERS: Mr. C. Crawford; P. Criesey (WTKO). The Chairman called the meeting to order at 7:1+5 p.m. Main topic of discussion was the question of the Boardman House. Boardman House: Chm. Roberts reported that he had attended a conference on historic preservation, and in questioning one of the speakers, a representative from HUD, on matters relating to our current concerns, it was established that to get HUD assistance on a building preservation, the building and land would have to belong to a public body with the power to administer it.; Mr. Jacobs said he thought it would be allowable if one public body (LPC) administered what was owned by another (Tompkins Co. ), under mutual agreement. Under one of the possibilities currently being considered, the county would lease or pos- sibly sell the building contingent on its being brought into compliance with applicable codes by the tenant/lessee. If the Landmarks Commission were to administer the property possibly in conjunction with Historic Ithaca, application could then ballade to HUD for a 50% share of the renovation/restoration cost, to be matched locally, say 25% through Historic Ithaca resources, the rest through such means as public subscription. Some funds might be sought through HUD Beautification programs. In any case, it seems that if the Commission doesn't already have the legal right to hold and administer property in further- ance of its purpose, steps should be taken to secure legislative authorization. Mr. Roberts suggested that the Commission should check out the possibility of leasing the Boardman House from the County, and asking Council to take any necessary action to in- sure the Commission's right to hold and administer property for historic preservation pur- poses, as an administrative corporation, managerial agency, or holding corporation. Mr. Taube asked if this would entail a managerial function by the Commission, and Mr. Roberts replied that one agency should be in charge of fund-raising and making provisions for management of a property, but that some other arrangement would probably be made for the actual managing. Chm. Roberts reported that he had received from the I.C. Provost a reply to his letter to the College President, Dr. Phillips, in regard to the College's interest in maintaining Boardman House as their museum. They are definitely interested in the operation for the next school year only, but after that only if they can fund this expense from other sources. Mrs. Warren suggested that a search be made for a firm commitment for tenancy, and Mr. Roberts agreed, asking what type of collateral could be offered by a commercial tenant in order for banks to be willing to back efforts to fund renovation and restoration. Mr. Crawford spoke to this, saying that a personal guaranty from the principals of a firm, or the good-kith backing of a public or quasi-public body, with some less extensive personal ones to supplement that, should be adequate. He felt that it probably would be best to have some solid underlying guarantee from a corporation or a public agency. Mr. Roberts wondered if a foundation made a good faith escrow deposit in five figures, would financing be possible for a private firm to lease and make repairs. Mr. Crawford said it would be possible. Mr. Jacobs felt that a less complex solution was possible, using rental return from a firm client to finance a rehab loan. Mr. Crawford felt it was still more advisable to seek bank financing with good faith backing from public agencies and an escrow deposit (which might be usable as a deposit against other projects), with the possibility of additional funding from HUD. Mr. Roberts stated that it seemed to him the best course of action would be for the Commission to act as landlord; acceptance of an offer such as has been made, for a 35-year lease should work, but even if it were to terminate earlier, the growing desirability of the site should insure use by other tenants through the remainder of the 50 years desired by the County. Mr. Jacobs wondered if it wouldn't be best to assure the college that the Commission would favor its continuation in Boardman for the next year, and would seek to insure a con- tinuing tenant for the succeeding period. While the college continues to occupy Boardman, it should allow rehab work to be begun. Mr. Roberts felt that the best possibility at present is to negotiate with the firm interested in a long-term lease, in the meantime in- suring through the City Attorney and Council, as necessary, the Commission's right to receive BH as a gift, and to administer its operation, seeking HUD or commercial bank fund- ing for historic renovation. Mr. Jacobs noted that if the Cormission were to take over the building, there would be immediate costs such as insurance, that would have to be funded. Mr. Roberts noted that some sort of management setup would have to be made, also, and asked that Mr. Gardner give some thought to the matter. A firm commitment to turn the property over to the Commission will have to be made by the County before the details of management and funding can be known. It was the sense of the body that Mr. Roberts be authorized to contact the college, the firm currently interested in a long-term lease, and another possible tenant for the building. This last-mentioned was suggested by Mrs. Warren, who knows of someone looking for space of this type; if this client were settled on as the tenant, Mrs. Warren would waive her regular real estate broker's commission or fee since she would then be an interested party. Mrs. Warren volunteers this service free to the parties concerned, in the interest of finding a long-term tenant for BH. DeWitt Park Historic Area public hearing: The official notice has been printed in the newspaper, for the hearing 24 June, and the Chairman directed the Secretary to have avail- able at that time such information and professional opinion as exists concerning the im- portance of the area and of the primary buildings of historic and architectural worth in and around it; and to have this information ready so that the Commission may take 'judicial notice' thereof without going through the tine-consuming process of reading and copying it into the official record of the hearing. There was further general discussion of the agenda and manner of conducting the hearing. On a general motion from the floor, the meeting was adjourned by Chm. Roberts at 9:40. Most respectfully submitted, , .<Tonathan C. Meigs Secretary 2