Minutes from the January 22, 2024 meeting

Certificate of Appropriateness #24-06 - Demolition - 738 B Delaware Avenue

The clerk introduced Certificate of Appropriateness 24-06 for demolition at 738 B Delaware Avenue. 

The City Attorney explained the Quasi-Judicial Hearing procedures.

When acting as a quasi-judicial body, the Board is held to certain procedural requirements.  Quasi-judicial proceedings are less formal than proceedings before a circuit court, but are more formal than the other aspects of today’s meeting. Quasi-judicial proceedings must follow basic standards of notice and due process, and decisions must be made based on competent substantial evidence. Therefore, board members have a duty to conduct quasi-judicial proceedings more like judges than legislators.  This afternoon, the Board will follow the same uniform procedure in all quasi-judicial hearings.

Chairman Hayek called the proceeding to order. 

The clerk confirmed the City complied with the advertisement requirements. 

Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:                                                        

Ms. Theuns - no
Mr. Westbury - no
Ms. Davis - no
Ms. Starke - no
Ms. Spivey - no
Chairman Hayek - no
 
Chairman Hayek opened the public hearing.

The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on the item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. 

Staff Presentation:
Maria Lewicka, Historic Preservation Planner, stated there are three (3) buildings on the lot and the middle building is the subject structure for demolition.  Ms. Lewicka said the structure is a 1936 two-story wood frame building with a gable roof.  The applicant is requesting approval for demolition of the fire-damaged, deteriorated structure and after the demolition the owner will plant a garden in the footprint of the house.  Ms.Lewicka showed pictures from the applicant and the building inspector of the interior and exterior damage to the structure. Ms. Lewicka stated the applicant met most of the criteria for demolition. She said the building proposed for demolition is in very poor condition, and it was heavily damaged by fire and left to deteriorate for an extended period of time. Ms. Lewicka noted the Property Maintenance Inspection report finds the building to be unsafe. Ms. Lewicka concluded that while rehab of the structure is permitted and possible, it would be at considerable expense. Given the application meets the A, B, C, D, and E criteria for demolition of a structure within a designated historic district, staff recommends the Historic Preservation Board approve the demolition.

Board questions for staff: Chairman Hayek asked if there are any restrictions on building a house in the future and if the city sends out a notification of the demolition.  Ms. Lewicka said the lot is not big enough for three (3) residential structures, and she was not aware of a demolition notification being sent out to the neighbors.

Applicant Presentation: Jean Van Winkle, Owner, sworn, stated the structure is full of rats, mice, stray cats, squirrels and fleas.  She said the deterioration looks bad, and the varmints are coming over to her house.

Board questions for Applicant: none

Public comment: none

Staff final comments: none

Chairman Hayek, seeing no one else, closed the public hearing. 

Comments by the Board: Board discussion ensued on whether the neighbors should be notified by the city of the demolition due to the varmints moving to the neighbor's property.

Conditional Use Application - Expansion of the Existing Outdoor Entertainment Area - 411 N. 2nd Street

Mr. Hayek recused himself. Ms. Hedges stated the code sections for the potential voting conflicts of interest.  Ms. Hedges explained a decision has to be made within 60 days of receiving the application.  Staff confirmed the application was received on February 5, 2024.  Ms. Hedges said a continuance to the March 25, 2024, Historic Preservation Board meeting would be within 60 days. The applicant, Jon Nolli, objected to continuing the hearing.  Ms. Hedges said the Board could vote to continue the hearing. 

Ms. Theuns recused herself.  

Ms. Hedges explained the rules of the Board require a majority of the Board to approve the application. With the recusals, there are four (4) voting members, so a unanimous vote is required.  Mr. Nolli stated he wanted to move forward.

Mr. Westbury made a motion to continue the hearing to the March 25, 2024, Historic Preservation Board meeting.  Ms. Starke seconded the motion. Ms. Starke withdrew her motion.  The motion died.

Ms. Theuns stated she recused herself because of the complaint she made to Code Enforcement regarding excessive use of the property in February 2023.  Ms. Theuns said she was not aware the complaint was a conflict until right before the Historic Preservation Board meeting started.  Ms. Theuns said she wanted to continue the meeting, so she could discuss the matter with a legal representative.  Ms. Theuns said she is going to recuse herself because she does not want to jeopardize the outcome of the hearing.

The chairman introduced the Conditional Use Application for expansion of the existing outdoor entertainment area located at 411 N. 2nd Street, Pierced Ciderworks.

Chairman Hayek called the proceeding to order. 

The clerk confirmed the City complied with the advertisement requirements. 

Chairman Hayek inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll:                                                        

Ms. Theuns - yes
Mr. Westbury - no
Ms. Davis - no
Ms. Starke - no
Ms. Spivey - no
Chairman Hayek - yes
 
Chairman Hayek opened the public hearing.

The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on the item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. 

Staff Presentation:
Maria Lewicka, Historic Preservation Planner, stated the applicant is requesting approval of a Conditional Use to expand the existing outdoor entertainment area on a designated historic site within the Edgartown Settlement Zoning District. The proposed expansion requires a conditional use approval to deviate from City Code Section 125-197(j), which allows for a maximum of 800 square feet of exterior space, whereas the proposed outdoor area will be approximately 5,000 square feet. Ms. Lewicka provided background on the location. She noted that on September 28, 2021, the Historic Preservation Board approved a Certificate of Appropriateness for the performance stage that has been installed in the rear of the property. The stage is an accessory structure and is used for music concerts and special events. Ms. Lewicka stated on May 23, 2023, Code Enforcement initiated a case against the property where Sec. 125-197 – Edgartown Settlement (ES) Zoning District was violated. On November 15, 2023, the Special Magistrate decided the business was in violation. She said the business was to reduce the area utilized for exterior restaurant/ pub use to 800 square feet or obtain a Conditional Use permit through Planning and Zoning to extend the area allowed to be utilized for exterior restaurant/pub use.  Ms. Lewicka showed an aerial view of the location of the expanded entertainment area.  Ms. Lewicka said the Board will act as the decision-making body for this conditional use based on the architectural and historic character, comprehensive plan, concurrency, compatabiity and impact. Ms. Lewicka stated it is up to the Historic Preservation Board to decide if the Conditional Use is granted to the applicant/owner, or to the location/parcel. If granted to the applicant/owner, it would expire with the property's sale. If granted to the location/parcel, the Conditional Use could be transferred to the subsequent property owner(s).

Ms. Lewicka stated the first paragraph in the staff recommendation on the staff report was not valid and has been updated in the presentation.

Board questions for staff: Ms. Davis asked for clarification on the entertainment expansion area.  Ms. Lewicka explained in the ordinance that the applicant can only use 800 feet of the outside space for entertainment.  The space currently being used is approximately 5,000 square feet. Ms. Lewicka said it is hard to precisely say how many square feet are being used because people are always moving around. Ms. Starke asked who had financial interest in the property. Mr. Hayek asked for the square footage of the parcel itself.  Ms. Theuns confirmed with Ms. Lewicka the comprehensive changes made to the Edgartown Settlement District in April 2023. 

Applicant Presentation: Jon Nolli, owner of Pierced Ciderworks, sworn, stated six years ago he bought the property from Mr. Hayek, and he holds the note. He said Ms. Theuns is his direct neighbor and has a conflict with how they do business, and she was the person who made the complaint and brought this matter forward. Mr. Nolli said he does not understand what being able to use the outside area has to do with landscaping and volume. Landscaping will confine the area even more and the sound has to be adhered to. The cidery business is a destination and a family-friendly environment in a mixed-use area.

Board questions for Applicant: Ms. Theuns asked Mr. Nolli if he owns Typsy Tiki and Crocadillo's, and if there is nightly entertainment at the Typsy Tiki. Ms. Davis asked what the additional space would be used for. Ms. Nolli said there is not a defined 800 foot area where they are supposed to corral their customers. They have picnic tables, ring toss, dog walkers and mango trees for picking fruit. He said there is no way to currently police the area where people congregate. Ms. Davis asked if the current rules allow him to make the best use of the property.  Mr. Nolli said they do not. Ms. Theuns asked if he knew the rules of the property were known when the property was purchased.  Mr. Nollis stated he was aware. Mr. Hayek asked if there had been any random checks with the city to see if he was in compliance with the new sound ordinance and if he had ever failed.  Mr. Nolli said he has been told a couple of times to turn the music down, but it has not been an issue in many months. 

Ms. Spivey stated she had to leave the meeting.

Ms. Hedges stated there are portions of the quasi -judicial hearing that have not been met, so a special hearing date will need to be set to continue the hearing.

The public hearing ended.

Administratively Approved Certificates of Appropriateness - January 2024