HomeMy WebLinkAboutMN-ILPC-2012-10-09Approved by ILPC – 11/13/12
Ithaca Landmarks Preservation Commission (ILPC)
Minutes – October 9, 2012
Present:
Ed Finegan, Vice-Chair
Christine O’Malley
Michael McGandy
David Kramer
Stephen Gibian
Ashima Krishna
Lynn Truame, Staff
Charles Pyott, Staff
Vice-Chair Finegan called the meeting to order at 5:33 p.m. and read the legal notice for the public
hearing.
I. PUBLIC HEARINGS
A. 308 N. Cayuga St., DeWitt Park Historic District ― Proposal to Replace Existing Front
Porch & Steps
Applicants Nancy Medsker and Tom Seaney provided a brief overview of the project.
C. O’Malley remarked that, while she understands that cost is a consideration, she believes that stone
steps and a stone stoop would be more historically in-keeping with the property than would the proposed
wood steps and stoop. She would not oppose the proposal, as presented, but thinks it could be
improved. She also indicated that she would be concerned about the longevity of wood in an uncovered
location such as this.
M. McGandy agreed that stone with a simple railing would be more in keeping with the rest of the
historic district.
S. Gibian agreed that pure masonry would be more appropriate. He added it may also be more
appropriate to reduce the width of the stoop to match the width of the steps.
Public Hearing
On a motion by M. McGandy, seconded by D. Kramer, E. Finegan opened the public hearing. There
being no public comments, the public hearing was closed on a motion by D. Kramer, seconded by M.
McGandy.
After some discussion of the options, the Commission agreed that although stone would be preferable,
they could support the proposal as presented, knowing that it might be a temporary solution due to the
exposure of the wood to weather in this location. The applicant was encouraged to continue to consider
stone as an option and staff was given authority to approve such a change, should the applicant decide to
pursue it.
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RESOLUTION: Moved by M. McGandy, seconded by D. Kramer.
WHEREAS, 308 North Cayuga Street is located in the DeWitt Park Historic District, as designated
under Sections 228-3 of the City of Ithaca Municipal Code in 1971, and as listed on the
New York State and National Registers of Historic Places in 1971, and
WHEREAS, as set forth in Section 228-6 of the Municipal Code, an Application for a Certificate of
Appropriateness, dated September 24, 2012, was submitted for review to the Ithaca
Landmarks Preservation Commission (ILPC) by property owners, Nancy Medsker and
Tom Seaney, including the following: (1) two narratives respectively titled Description of
Proposed Change(s) and Reasons for Changes(s); (2) a sketch showing the proposed
porch; (3) an image from a cut sheet showing the style of the proposed spindle; (4) two
photographs showing the condition of the existing porch; and (5) a sheet of photographs
showing the variety of porches that exists of structures of a similar age in the vicinity,
and
WHEREAS, the ILPC has also reviewed the New York State Building-Structure Inventory Form for
308 North Cayuga Street, and the City of Ithaca’s DeWitt Park Historic District Summary
Statement, and
WHEREAS, the proposed project involves removal of the existing, deteriorated, non-original front
porch and stair, and construction of a new front porch and stair with a stone foundation,
wood deck, wood steps, and a simple wrought-iron handrail system, and
WHEREAS, the issuance of a Certificate of Appropriateness is a Type II Action under the New York
State Environmental Quality Review Act and the City Environmental Quality Review
Ordinance, for which no further environmental review is required, and
WHEREAS, the applicant has provided sufficient documentation and information to evaluate impacts
of the proposal on the subject property and surrounding properties, and
WHEREAS, a public hearing for the purpose of considering approval of the Application for Certificate
of Appropriateness was conducted at the regularly scheduled ILPC meeting on October 9,
2012, now therefore be it
RESOLVED, that the ILPC has made the following findings of fact concerning the property and the
proposal:
As identified in the City of Ithaca’s DeWitt Park Historic District Summary Statement,
the period of significance for the area now known as the DeWitt Park Historic District is
identified as 1820–1930.
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As indicated in the New York State Building-Structure Inventory Form, 308 North
Cayuga Street, also known as the Beebe-Halsey House, was constructed in 1820 by
prominent local businessman, Jeremiah Beebe. It is one of the oldest extant structures in
the City of Ithaca and one of the few remaining Federal style buildings. In 1850, the
house was sold to another prominent local businessman, William Halsey, who added the
south wing. Pictorial evidence appears to suggest the north wing was added sometime
after 1895.
Constructed within the period of significance of the DeWitt Park Historic District and
possessing an unusually high level of architectural integrity, the property is a contributing
element of the DeWitt Park Historic District.
As described in the Certificate of Appropriateness Application, the purpose of the
proposal is to replace the deteriorated non-original front entry porch and steps.
In consideration of this and all approvals of proposals for alterations, new
construction or demolition in historic districts, the ILPC must determine that the
proposed exterior work will not have a substantial adverse effect on the aesthetic,
historical or architectural significance and value of either the landmark or, if the
improvement is within a district, of the neighboring improvements in such district.
In considering architectural and cultural value, the Commission shall consider
whether the proposed change is consistent with the historic value and the spirit of
the architectural style of the landmark or district in accordance with Section 228-5
of the Municipal Code. In making this determination, the Commission is guided by
the principles set forth in Section 228-5B of the Municipal Code, as further
elaborated in Section 228-5C, and by the Secretary of the Interior’s Standards for
Rehabilitation, and in this case specifically the following principles and Standards:
Principle #2 The historic features of a property located within, and contributing to
the significance of, an historic district shall be altered as little as possible and any
alterations made shall be compatible with both the historic character of the
individual property and the character of the district as a whole.
Standard #2 The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces that
characterize a property shall be avoided.
Standard #9 New additions, exterior alterations, or related new construction shall
not destroy historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale, and
architectural features to protect the historic integrity of the property and its
environment.
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With respect to Principle #2, Standard #2, and Standard #9, the existing porch is not an
historic feature of the property. Its removal will not remove distinctive historic materials
that characterize the property and will not alter features and spaces that characterize the
property.
Also with respect to Standard #9, the new porch, stair, and railing that are proposed are
differentiated from the old and are compatible with the massing, size, scale, and
architectural features of the property and its environment.
RESOLVED, that, based on findings set forth above, the proposal will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance of 308 North Cayuga Street
and the DeWitt Park Historic District as set forth in Section 228-5, and be it further
RESOLVED, that the Ithaca Landmarks Preservation Commission determines that the proposal meets
criteria for approval under Section 228-5 of the Municipal Code, and be it further
RESOLVED, that the ILPC approves the Application for a Certificate of Appropriateness, and be it
further
RESOLVED, that the applicant may elect to alter the width of the steps and/or the stoop within the
parameters discussed at this evening’s meeting, with final approval of any such alteration
to be provided by staff. The applicant may also elect to change the material of the front
walk leading to this entry from concrete to brick, of a type to match the existing
driveway, and the width of this entry walk may be altered to align with the width of the
steps, pending approval by the Building Department and approval of the final
configuration of this area by ILPC staff.
RECORD OF VOTE: 6-0-0
Yes
M. McGandy
D. Kramer
E. Finegan
S. Gibian
A. Krishna
C. O’Malley
No
Abstain
B. 103 Eddy St., East Hill Historic District ― Proposal to Demolish Barn
The applicant did not appear. In the applicant’s absence, the Commission proceeded with the Public
Hearing, and subsequent review and discussion of the proposed changes.
L. Truame indicated she also provided Commission members with the 7/1/97 ILPC meeting minutes,
since the same proposal was reviewed by the Commission at that meeting, so that Commission members
can see the discussion that took place at that time.
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L. Truame went on to note that under the current landmarks preservation ordinance, since the barn has
not been determined by the Building Department to present a threat to the public safety, and since it is
considered to be a contributing element in the historic district, the Commission is not permitted to issue
a Certificate of Appropriateness for its demolition. She added that upon denial of the C of A, the
applicant could request a Finding of Economic Hardship and if such a hardship, as defined in the
ordinance, is determined to exist, demolition could then be approved.
D. Kramer remarked he likes the building and believes it to be entirely salvageable.
S. Gibian noted he does not think it is a particularly good building, but neither is it a particularly poor
one, although it has been degenerating progressively over the past 15 years. He added that the
neighboring landlord, who was on the site when he visited it, did express some apprehension regarding
encounters with vermin and homeless people in the barn.
L. Truame reminded Commission members of the newly added affirmative maintenance section of the
Landmarks Preservation Ordinance.
Public Hearing
On a motion by D. Kramer, seconded by C. O’Malley, E. Finegan opened the public hearing.
Richard Polenberg, 101 Orchard Place, spoke in opposition to the proposed demolition. He noted he
has never observed homeless people or vermin in or around the building, contrary to the applicant’s
assertion. It is an old building, but it is perfectly benign and it serves as an excellent buffer from the
noises and disturbances on State Street.
Joan Spielholz, 101 Orchard Place, spoke in opposition to the proposed project. She noted the barn is a
wonderful backdrop and source of historical enrichment for the Orchard Place neighborhood.
There being no further public comments, the public hearing was closed on a motion by M. McGandy,
seconded by D. Kramer.
M. McGandy asked if the affirmative maintenance portion of the ordinance could be triggered at this
time. L. Truame replied, yes, the Commission can simply direct staff to contact the Building
Commissioner to perform an evaluation of the barn.
RESOLUTION: Moved by S. Gibian, seconded by M. McGandy.
WHEREAS, 103 Eddy Street is located in the East Hill Historic District, as designated under Section
228-3 of the City of Ithaca Municipal Code in 1988, and as listed on the New York State
and National Registers of Historic Places in 1986, and
WHEREAS, as set forth in Section 228-6 of the Municipal Code, an Application for a Certificate of
Appropriateness, dated September 21, 2012 was submitted for review to the Ithaca
Landmarks Preservation Commission (ILPC) by Nick Lambrou on behalf of property
owner ENP Associates LP, including the following: (1) two narratives respectively titled
Description of Proposed Change(s) and Reasons for Changes(s), and
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WHEREAS, the ILPC has also reviewed the New York State Building-Structure Inventory Form for
103 Eddy Street, and the City of Ithaca’s East Hill Historic District Summary Statement,
and
WHEREAS, as stated in the narrative Description of Proposed Change(s), the project involves
demolition of the barn behind the house at 103 Eddy Street, and
WHEREAS, the issuance of a Certificate of Appropriateness is a Type II Action under the New York
State Environmental Quality Review Act and the City Environmental Quality Review
Ordinance, for which no further environmental review is required, and
WHEREAS, the applicant has provided sufficient documentation and information to evaluate impacts
of the proposal on the subject property and surrounding properties, and
WHEREAS, a public hearing for the purpose of considering approval of the Application for a
Certificate of Appropriateness was conducted at the regularly scheduled ILPC meeting on
October 9, 2012, now therefore be it
RESOLVED, that the ILPC has made the following findings of fact concerning the property and the
proposal:
As identified in the City of Ithaca’s East Hill Historic District Summary Statement, the
period of significance for the area now known as the East Hill Historic District is 1830-
1932.
As indicated in the New York State Building-Structure Inventory Form, the house at 103
Eddy Street was constructed sometime between 1882 and 1893, as were the neighboring
houses at 101 and 105 Eddy Street, all of which, according to early Sanborn maps,
originally occupied a single lot. It is probable the barn was also constructed at this time.
Constructed within the period of significance of the East Hill Historic District, possessing
a level of integrity sufficient to understand its historic function and relationship to the
residences in the area, and being one of only a small number of barns, carriage houses,
and other outbuildings that survive from the period of significance of the district, the barn
is a contributing element of the East Hill Historic District.
The purpose of the proposal is to demolish the barn.
In consideration of this and all approvals of proposals for alterations, new
construction, or demolition in historic districts, the ILPC must determine that the
proposed exterior work will not have a substantial adverse effect on the aesthetic,
historical, or architectural significance and value of either the landmark or, if the
improvement is within a district, of the neighboring improvements in such district.
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By definition, demolition of an historic structure will have a substantial adverse
effect on that structure, therefore, in accordance with Section 228-9-B of the
Municipal Code, demolition of a structure contributing to the significance of an
historic district is allowed only in cases of economic hardship, unless the Building
Department, upon due deliberation, has made an express finding that the structure
presents an imminent threat to the public health, safety, and welfare. In the present
case, the Building Department has made no such finding and the property owner
has not submitted a fully documented Request for a Finding of Economic Hardship,
in accordance with Section 228-9-B and 228-10 of the Municipal Code.
RESOLVED, that, based on the findings set forth above, the proposal will have a substantial adverse
effect on the aesthetic, historical, or architectural significance of the property and the East
Hill Historic District, as set forth in Section 228-5, and be it further,
RESOLVED, that the Ithaca Landmarks Preservation Commission determines that the proposal does
not meet criteria for approval under Section 228-5 of the Municipal Code, and be it
further
RESOLVED, that the ILPC denies the Application for a Certificate of Appropriateness, and be it
further
RESOLVED, that the ILPC directs staff to contact the City of Ithaca Building Commissioner to request
an evaluation of the barn in accordance with Section 228-12-C of the Municipal Code.
RECORD OF VOTE: 6-0-0
Yes
S. Gibian
M. McGandy
E. Finegan
D. Kramer
A. Krishna
C. O’Malley
No
Abstain
II. PUBLIC COMMENT ON MATTERS OF INTEREST
(none)
III. NEW BUSINESS
• 102 E. Court Street Affirmative Maintenance Evaluation
D. Kramer suggested directing staff to contact the City of Ithaca Building Commissioner to request an
evaluation of the red house at 102 E. Court Street in accordance with Section 228-12-C of the Municipal
Code, as was just done for 103 Eddy Street. No objections were raised. (S. Gibian and A. Krishna
indicated they were not familiar enough with the property in question to feel comfortable voting on the
matter.)
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RECORD OF VOTE: 4-0-2
Yes
M. McGandy
E. Finegan
D. Kramer
C. O’Malley
No
Abstain
S. Gibian
A. Krishna
IV. OLD BUSINESS
• 123 Roberts Place ― Discussion of Potential Remediation
L. Truame indicated that the City Attorney had originally thought it might be appropriate to identify
some physical mitigations to address the issues associated with the denied Certificate of Appropriateness
application; however, the City Attorney has since determined that this would not be an appropriate
action for the ILPC under the ordinance. Instead, settlement with the owner will be handled by the City
Attorney’s office.
• Fall Creek Drive ― Update
L. Truame noted that she has been in contact with Cornell University Facilities Project Manager Dan
McClure, who indicated to her that the university has come up with a new idea for addressing the safety
concerns it has regarding Fall Creek Drive. The hope is that the ILPC may find this new proposal
acceptable, which would obviate the need to install the approved temporary solution. Mr. McClure is
continuing to explore the options and will keep ILPC staff informed.
V. APPROVAL OF MINUTES
As moved by D. Kramer, and seconded by C. O’Malley, Commission members unanimously approved
the following meeting minutes, with no modifications:
• August 14, 2012 (Regular Meeting)
• September 11, 2012 (Regular Meeting)
VI. STAFF REPORT
A. Henry St. John Historic District Designation
L. Truame indicated that a public session has been tentatively scheduled for 10/23/12, 7:00-9:00 p.m. to
discuss the designation of the Henry St. John neighborhood as a historic district. Historic Ithaca will
make a presentation on the historic and significance of the district, while L. Truame will present an
overview of the nomination process and the implications of designation, followed by a question and
answer session for members of the public. ILPC members were encouraged to attend.
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B. Planning & Economic Development Committee (P&ED)
L. Truame indicated the P&ED will be meeting tomorrow, regarding a suggested revision to the City
policy on stone sidewalks, which includes a proposal to remove City-controlled sidewalks from ILPC
review. She distributed the proposed new policy and noted that Commission members may wish to
submit comments to the P&ED, in time for that meeting.
VII. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:55 p.m. by Vice-Chair Finegan.
Respectfully Submitted,
Lynn Truame, Historic Preservation Planner
Ithaca Landmarks Preservation Commission