HARB Minutes

Meeting date: 
Wednesday, June 16, 2010

Historic Architectural Review Board
Meeting Minutes

June 16, 2010

Chairman Gary Shaffer called the Historical Architectural Review Board to order on Wednesday, June 16, 2010 at 7:32 p.m. Those in attendance were Board members Judi McGee, Peggy Gustafson, Elwood Christ, Nancie Gudmestad, Dale Gettel, Code Enforcement Officer; and Merry Bush, Borough Planner and Historic District Administrator. A quorum was present.

Also in attendance were applicants Jim Henderson, Roger Steinacker and William Chantelau for Christ Lutheran Church, 44 Chambersburg Street; Lynn Smallwood for 154 and 156 York Street; and Dennis and Carol Loushe for 53 Steinwehr Avenue. Sharon Deoms Gleta is interested in serving on the Board as a real estate agent/broker and attended the meeting to observe.

Mr. Shaffer introduced the Board members and explained the procedures followed during each meeting. He noted that the Board serves as an advisory group to Borough Council, which makes final decisions concerning Certificates of Appropriateness. Borough Council will meet next on Monday, June 28, 2010.

Review of Agenda and Minutes

There was a slight modification to the agenda. The application for 44 Chambersburg Street was moved ahead of those for154 and 156 York Street as Gary Shaffer has a fiduciary relationship with the owner of the later two buildings.

Peggy Gustafson asked that minutes from the May 19, 2010 meeting be amended. She requested the addition of the following to the end of the third paragraph under Item B. 59 York Street: "it would be difficult to open and close the gate proposed along S. Stratton Street to enclose the dumpster if we experience the snow and icy conditions as of the 2010 winter." Peggy Gustafson moved to accept the minutes as amended. Nancie Gustafson seconded and the motion carried, 5 to 0.

Certificates of Appropriateness

A. Alteration. Replacement of front display window. 53 Steinwehr Avenue. Dennis and Carol Loushe, owners.

The applicant proposes the replacement of the front display window with a vinyl window that is shorter than the existing one. The proposed window would have a large center pane with two smaller vertical panes on each side.

The original building was a Craftsman-style bungalow, however, it has been modified several times over the years. Windows have been in-filled and additions built onto the front and rear. The applicants appeared before the Board on April 21, 2010 for approval of the proposed ADA lift.

Dennis Loushe, the owner, explained that the existing window has several panes that have cracked and that he needs protection from UV light for the types of products he sells. He also said that shortening the window would move it away from the ADA compliant lift to be installed outside the window.

Judi McGee asked about the windows on the second floor. The applicant said that they would remain.

Nancie Gudmestad asked about proposed lighting. Mr. Loushe said he was hoping to use an LED fixture but has not had time to do the research. His plan is to install lighting above signs proposed to hang above the display window and from the existing pole. Ms. Gudmestad then asked if the applicant had tried to find a larger window. Mr. Loushe said he had planned to purchase the window from a friend who sells vinyl windows and says this is the largest window available from this particular company. Vinyl cannot support a window any larger than the proposed one, according to the applicant.

Peggy Gustafson asked if the applicant had been able to find bricks or a brick veneer that would match the existing exterior brick. The elevation drawing shows an alternate siding similar to that used to infill the original windows of the building. Mr. Loushe said he would be more than willing to use a similar brick if one was available. Dale Gettel said that Nitterhouse Masonry Products in Chambersburg should be able to supply such bricks.

Findings of Fact: The building at 53 Steinwehr Avenue is located within the Gettysburg Borough Historic District as determined by ordinance. The building has been compromised by changes and retains a mixed degree of integrity. The front façade is existing. The window slated for replacement is a non-contributing element to the original building. The proposed change is permanent in nature and, as such, requires a Certificate of Appropriateness.

Elwood Christ moved to recommend approval of a Certificate of Appropriateness for the application as submitted with infill of matching brick or a paintable siding to be painted to match the color of the brick. Dale Gettel seconded.

Nancie Gudmestad said that the larger window helps create the look of a shop-a commercial building. It is more pedestrian friendly to have a large window to display merchandise. The vote was 1 to 5 against the motion. The motion failed. The Board recommends that the application be denied as the proposed window is residential in scale while the property is a commercial one. Gary Shaffer, speaking on behalf of the Board, said that they would review a proposed window as soon as the applicant finds an appropriate window.

B. Alteration. Rear entrance. 44 Chambersburg Street. Christ Lutheran Church, owner.

The applicant proposes to construct a permanent awning/supported roof over the rear entry to the Christ Lutheran Church education building at 44 Chambersburg Street. An existing roof at the entry was removed when a new connecting bridge was built to connect the church with the education building. Doors recently installed at the rear entry failed and were replaced under warranty. The church was told that the doors would fail again if they did not have protection from the weather. There is an existing concrete platform where the old entry way was located.

Nancie Gudmestad asked if columns would support the roof and whether the structure would be open on the sides. The applicant said that the roof would be attach to the building and supported at the other end with two vinyl posts.

Peggy Gustafson asked if the existing lighting fixture would remain. The applicant said yes, though the light activated sensor for the automatic light would likely have to be relocated so that the light did not stay on all the time.

Findings of Fact: The building at 44 Chambersburg Street is located within the Gettysburg Borough Historic District as determined by ordinance. The proposed changes would be visible and permanent. The proposed entry way would have a traditional look but would be made of modern materials.

Peggy Gustafson moved to recommend that Borough Council issue a Certificate of Appropriateness for the application as submitted. Nancie Gudmestad seconded and the motion carried, 6 to 0.

Gary Shaffer recused himself as he has a fiduciary relationship with the following applicant. Before he left the meeting, however, he discussed issues that have arisen with the traditional handrail that HARB prefers and has approved for ADA compliant ramps. He noted that while the handrails meet ADA requirements, Dr. Marilyn Phillips has rejected them. Since she has quite a bit of power as the claimant in the federal ADA lawsuits, Dr. Phillips can require the use of a different style handrail if the defendant wants to settle the case out of court or until the court formally decides the case. Dr. Phillips is interpreting the requirement to mean that a handrail cannot have any balusters. A guardrail with a separate handrail would most likely pass muster but would be significantly more expensive. Gary Shaffer said he would keep the Board posted.

Elwood Christ assumed the role of chairman.

C. Alteration. New door and exterior steps in rear. Replacement windows. 154 York Street. Lynn Smallwood, owner.

Lynn Smallwood, the owner, said that the house at 154 York Street was built during the Civil War by a local judge but she did not have a definite date. The house was built giving the appearance that 154 York and 156 York Street are one building, but 154 is a completely separate building. The home is currently a single-family rental unit. The owner proposes to divide the house into two separate apartments, to do so she must add a new door way and stairs at the rear of the building to serve as the entry to the second floor apartment. The applicant also hopes to replace the two six-over-six windows in the rear of the building.

The applicant proposes installing a vinyl rear door with a single pane of glass. The steps would be built of pressure treated lumber. The applicant proposes installing vinyl one-over-one windows like those described in the application for 156 York Street. The windows are made by Window World. The proposed windows would be identical in size to the existing windows. She said that the majority of the windows in the house were one-over-one.

Nancie Gudmestad pointed out that the front windows are all six-over-six windows. Ms. Gudmestad asked if the applicant had considered a door similar to the existing basement door. Ms. Smallwood said no and said that she was now reconsidering using a door with glass that would be close to the lock. Under the building code it is no longer permissible to have a door with a deadbolt lock that opens with a key on the inside for fire safety reasons, however, a door with glass close to the lock could easily be broken into. Someone could easily break the glass and reach inside to unlock the door using the thumbturn (turning knob.) Ms. Gudmestad then asked if the applicant had considered a door hood like the one over the basement door. Ms. Smallwood said she had not.

The applicant pointed out that the proposed replacement vinyl Thermopane windows would have limited visibility from the alley and none from York Street.

Nancie Gudmestad moved to recommend approval of a new door way and door, however, the door must be similar to the basement door or be a solid door. The staircase may be constructed of pressure-treated lumber as long as it meets the building code. Dale Gettel seconded and the motion carried, 5 to 0, with one abstention.

Dale Gettel made a motion recommending approval of the proposed one-over-one replacement windows. Nancie Gudmestad seconded. Peggy Gustafson said that these are the original windows, which can often be easily repaired. Ms. Smallwood said that the nylon ropes are fraying after she replaced them. Ms. Gustafson said that often a nail catches the rope.

After further discussion, Ms. Gustafson offered a compromise. She would be willing to accept one-over-one replacement windows on the rear if Ms. Smallwood would agree to maintain the original six-over-six windows on the front elevation of 156 York Street and to store the original window sashes in a dry location like the attic. Ms. Smallwood agreed; Peggy Gustafson then made the motion to recommend approval of the installation of replacement one-over-one vinyl windows for the rear of the building. Dale Gettel seconded and the motion passed, 5 to 0, with one abstention.

D. Alteration. Replacement windows. 156 York Street. Lynn Smallwood, owner.

The building located at 156 York Street is a Greek Revival home built in 1862. The applicant proposes to replace twelve (12) windows on sides of the building. Six replacement windows are to be installed inside the exterior windows on the front of the building in order to preserve the existing windows some of which are original to the building. The applicant requested a replacement window for only the center section of the bay window on the first floor to allow for the installation of an air conditioning unit. The second floor bay window will not require a replacement window.

After additional discussion, Peggy Gustafson said she reluctantly moved to recommend approval of a Certificate of Appropriateness for vinyl replacement windows on the back, west and east elevations except for the bay window on the second floor and for the center window of the first floor bay with no removal of historic fabric on the front elevation. The motion included the option of replacing the three one-over-one windows on the front elevation with six-over-six windows that are wood or vinyl-covered wood. Nancie Gudmestad seconded and the motion carried, 5 to 0 with one abstention.

There was no additional business to come before the Board.

The meeting adjourned at 9:30 pm.

Respectfully submitted,

Merry V. Bush,

Borough Planner and

Historic District Administrator