HDC Minutes 1-20-22

.. CITY OF DOVER HISTORIC DISTRICT COMMISSION January 20, 2022 The Virtual Meeting of the City of Dover Historic District Commission was held on Thursday, January 20, 2022, at 3:30 PM virtually using the videoconferencing system WebEx with Chairman Czerwinski presiding. Members present were Mr. Street, Ms. Horsey, and Mrs. Mason (all virtually via WebEx). (Note: The fifth Historic District Commission member has not been appointed following the completion of the term of Mr. McDaniel in 2020). Planning Office Staff members present were Mrs. Melson-Williams, Mrs. Savage-Purnell, Mrs. Bulkilvish and Mr. Swierczek. APPROVAL OF AGENDA Ms. Horsey moved for approval of the agenda as amended, seconded by Mr. Street and the motion was unanimously carried 4-0. ADOPTION OF MINUTES OF THE REGULAR HISTORIC DISTRICT COMMISSION MEETING OF NOVEMBER 18, 2021 Ms. Mason moved for approval of the Meeting Minutes of November 18, 2021, seconded by Ms. Horsey and the motion was unanimously carried 4-0. Roll Call Vote • Ms. Horsey -Yes • Ms. Mason - Yes • Mr. Street – Yes • Mr. Czerwinski - Yes COMMUNICATIONS & REPORTS Summary of Applications for 2020 and 2021 Mrs. Melson-Williams stated that last year there were two (2) items. For the 2021 year there were six applications filed to the Historic District Commission. Most of them were a number of Permits referred to the Commission for Architectural Review Certification. The most recent being the Drainage Improvements at People’s Church located at 46 S. Bradford Street. She expects the Permit to be issued within the next week. Summary of Architectural Review Certifications for 2021 Mrs. Melson-Williams stated that in the calendar year 2021 there were a total of thirty-five (35) building related Permit applications in the Historic District. Three (3) of the 35 Applications/Permits involved action by the Historic District Commission. Most of the permits were roof, interior and signage permits. There were eight (8) signage and seven (7) roofs.

CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022 Mr. Czerwinski asked if the stairs replacement could be explained for Permit #21-1647 for 101 W. Water Street. Mrs. Melson-Williams replied that the replacement of the stairs deals with air quality monitoring equipment. She believes it is a roofed mounted location. Department of Planning & Inspections Update Mrs. Melson-Williams mentioned that the meetings are now being held virtually only for the Boards and Commissions. We are allowed to do a Virtual only meeting meaning that there is not an in-person location under the provisions of the State’s Freedom of Information Act regarding “open meetings”. That part of Delaware Code allows for 100% virtual meetings to occur when there is a State of Emergency in place. Governor reinstituted a State of Emergency again on January 3rd. The City of Dover is back with a mask requirement for those entering the City Hall building and for Staff who are moving around through the common areas. This is also the time of year where the Office is dealing with the renewals of Rental Dwelling Permits and Public Occupancies. In the Fall, there were some revisions to Public Occupancies. That part of the Dover Code was investigated by the Fire Marshal’s Office to bring it in line with a number of the Fire Codes that were already in place to make the definitions work together. In doing so, there were also some adjustments to the fees for Public Occupancies. NEW BUSINESS HI-22-01 Referral of Fence Permit #21-1556 at 502-506 South State Street – Referral by the City Planner to the Historic District Commission for Review of Architectural Review Certification for a Fence Permit Application #21-1556 for an 8-foot black aluminum fence along the State Street and Water Street frontages. The property is zoned RGO (General Residence & Office Zone) and subject to the H (Historic District Zone) and SWPOZ (Source Water Protection Overlay Zone). The property is located at the southwest corner of S. State Street and W. Water Street. The owner of record is RES-State Street Commons, LLC and SSS-State Street Commons, LLC. Address: 502- 506 S. State Street. Tax Parcel: ED-05-077.09-03-70.00-000. Council District 4. Mrs. Bulkilvish gave a summary of Permit #21-1556. The applicant is requesting an 8-foot Barcelona fence. Ms. Mason asked if the 8-foot fence was an excessive height for that area. Are they afraid that people will jump over the fence? Ms. Bulkilvish replied this is the reason we are present today to discuss the height of the fence. The Historic District Design Standards and Guidelines allows for fences to be 4-feet in the Historic District. Staff is under the impression that a 4-foot fence would help define the area and be enough to deter people from entering. However, the applicant has requested the 8-foot fence. Representatives: Ms. Shelby Henderson and Ms. Kelly Vance (joining by phone) and Mr. Dean Pletz (joining virtually via WebEx). All are RES- Representatives of State Street Commons LLC. Ms. Henderson who joined (by phone) gave additional statements on the requested 8-foot fence. We are dealing with the health and safe issues that they have been dealing with at this property 2

CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022 for a couple of years. We are also dealing with vandalism, loitering, and threats and safety to the public health of the community. The Fence Permit Application does mention a request for an 8- foot; however, we would like to install a 6-foot fence around the area. Based on our revisions we would be incompliance for majority of the project because it would be 18 linear feet of fencing along the second front setback along West Water Street and we would be noncompliant for about 14-feet of the portion of fence along South State Street. We do request that the waiver be approved as the 4-foot fence is insufficient to deter people from trying to climb over the proposed fence. We would also be adjusting the design to include the panic hardware on the proposed gate in compliance with the Fire Marshal’s recommendations. Mr. Dean Pletz mentioned that Ms. Henderson did a nice job defining the request. The reason why we think 4-feet is insufficient is because people will throw their stuff over and then climb over the fence. We think that 6-feet is sufficient and a deterrent that people will stop. We have had to call the police officers to ask people to leave. Mr. Street asked Mr. Pletz if he could orient him regarding the visual on the screen. Mr. Pletz replied where it mentions “Core Drill” State Street runs parallel from left to right side of that page. Water Street is the public sidewalk. The 4-feet is the alley way between the two (2) buildings. The topmost building is the address of 502 S. State Street and the right edge is 504 - 514 as the Postal Service addresses. It is just one big building. The rest was not historic, so we just built around the historic section. We own the entire property. The building at the bottom of the page is a connection and ends up fronting onto Water Street. The real reason this is an issue is because 502 S. State Street is currently vacant, and the other building is rented to DNREC. Although they have parking spaces, and they typically exit to the right side of the building into the parking area they sometimes exit on the sidewalk and exit onto Water Street. That’s why it is our intent to have a panic hardware gate there (so that they can exit and proceed to their alternate designation) and still be able to get in. Mr. Street asked if ultimately what is being proposed is a 6-foot-high aluminum style wrought iron type fence connecting the buildings to prevent people from being in the area with one gate. Mr. Pletz replied exactly because that open area is really the back yard of the historic building. This is where we were experiencing a lot of issues with people knocking down the boarded-up doors and loitering (camping in the backyard). There is no place for adequate sanitation and that creates another issue. Mr. Street commented that this type of fence is consistent in the Historic District and have provided it before. He did not have an issue with the fence. Mr. Pletz mentioned that they tried to match it so that it was similar in appearance. We are happy to change the tops of the fence or the fence itself so that it is more suitable to the Historic District if necessary. We just want a good quality fence that will solve our problem. Ms. Horsey asked how the posts were going to be put into the ground? How is the historic old red brick (building) was going to be affected? Nothing at all and no water sinking into the foundation? She is concerned about the old structure; the new ones can go away because they are new. How close to will the posts be to the building? Mr. Pletz replied what they are intending to 3

CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022 do is core drill a 3-inch diameter boring approximately 12 to 18 inches deep. There will be a total of 6 posts. At each point where the fence changes direction they will draw a 3-inch hole where they will install the post and pour in concrete, so it is flush with the concrete sidewalk. The rails and posts that do not touch the ground will set up the fence (from the 6 major posts). The posts will be a couple of inches away from the building. Ms. Horsey asked is there any way to ensure that the foundation will not be affected. Does the foundation come out from the building at all? Normally it goes straight down. She did not want to see the building compromised. Mr. Pletz replied that he understood completely. The building has a basement, so the foundation is about 16-18 feet undergrade. All the area that is at the street level elevation has been backfilled from many years ago. He is not sure what material was used, but it does not touch on the foundation. It will not weaken the foundation because it was set 10- 15 feet below. He was not sure of the exact depth of the basement, but it is a basement under the full building. Ms. Horsey asked if it was correct that once the post hole is drilled it is not going to touch the building? Mr. Pletz replied that it will not touch the building and they can ensure it is a distance away from the building that the Historic District Commission is happy with. Even if it is 6- inches away it does not permit persons to trespass. Ms. Horsey mentioned that she totally understands why you would like to put a fence there and the black metal fence is appropriate and good looking. There is only one other place in the Historic District where we have exceeded 4-feet on the opposite side of the street between the Old Courthouse and the Chancery Court building. There is an 8-foot primarily for a gate. If you take a walk around everywhere else in the Historic District is 4-feet. She would not have a problem at all with the fence going to 6-feet on Water Street. She is not sure the 6-foot fence is needed on State Street frontage. She could see it going there without any real objection. Mr. Czerwinski mentioned that he was concerned about having a fence that was too tall (that it would look like a penitentiary fence). Tall fences can be quite imposing on a frontage. Six-feet does not seem quite as bad even though he would prefer to keep with the 4-foot for aesthetics. When you have a spike top fence, it does a pretty good job of stopping people from jumping over them. A 4-foot fence is taller than what you think it is. We are not talking about a 3-foot fence, but a 4-foot fence. If the Board feels that this fence does not attract too much from the look of the street, he does not personally have any big beef with it. Mr. Street moved to approve Architectural Review Certification for a Fence Permit application #21-1556 as amended that the black aluminum picket style fence be no higher than 6-feet. The motion was seconded by Ms. Mason and unanimously carried 4-0. Roll Call Vote Ms. Horsey – Yes Ms. Mason-Yes Mr. Street – Yes Mr. Czerwinski – Yes 4

CITY OF DOVER HISTORIC DISTRICT COMMISSION JANUARY 20, 2022 OLD BUSINESS Certified Local Government (CLG) Program Mrs. Melson-Williams mentioned that she did not have anything new to report. We still have money allocated in this fiscal year Budget that can assist with that potential project. Implementation of 2019 Comprehensive Plan Mrs. Melson-Williams mentioned that the most recent citywide activity is the Department of Water and Wastewater is moving forward with a number of the studies that were identified in that project. There is a Wastewater Master Plan that will be awarded to a contract (consultant) within the next month. Mr. Street moved to adjourn the meeting, seconded by Ms. Horsey, and unanimously carried 4-0. Roll Call Vote to Adjourn the Meeting Ms. Horsey – Yes Ms. Mason-Yes Mr. Street – Yes Mr. Czerwinski – Yes Ms. Mason asked about the process and contact person of adding a committee member to the Historic District Commission. Mrs. Melson-Williams replied that the mayor appoints a person, and the City Council confirms. If someone is interested, on the City of Dover website there is an application form to become a committee member. If someone has any questions regarding completing the form, they may contact the City’s Clerks Office. Meeting adjourned at 4:15 PM Sincerely, Maretta Savage-Purnell Secretary 5