Village Council Mulls Future of Historic Commission

The center of downtown of the Village of Pinehurst

As of Friday, January 11, 2013

The Pinehurst Historic Preservation Commission could be just that - history - if some Village Council members have their way.

The council began discussing the role of the volunteer commission Tuesday and promised to continue the dialogue at a future council meeting.

The discussion came in the wake of the final approval of major site plan for enhancements to the Village Green and the downtown sand parking lot. That approval was delayed seven months when the Historic Preservation Commission (HPC) voted against issuing a certificate of appropriateness for the project June 29.

The council appealed to the Board of Adjustment, which ruled in favor of the council and ordered the HPC to issue the certificate. The commission did so earlier this month, but not before the village incurred more than $33,000 in legal fees as part of the appeal.

Mayor Nancy Fiorillo said discussions about the role of the HPC had been "ongoing for a long time."

"Mark Parson had expressed some concerns on how the process was working and how it was difficult for citizens to navigate," Fiorillo said. "But that kind of fell on deaf ears until we saw what happened with our application."

Parson and fellow council member John Strickland both served on the HPC, which was created in 2006, prior to join ng the council.

Parson said the commission is "onerous" and "not effective." He said it is "the biggest unpredictable ball and chain we have" in the village.

"My gut tells me that the Historic Preservation Commission is not good for Pinehurst, because of its unpredictability," he said.

Strickland said the problems boiled down to two issues: administrative, or how the commission works, and which of its duties can be absorbed by another group, such as the village planning staff; and secondly, what the authority of the commission is, and should it have authority to overrule the council.

Strickland said there is still value in "some sort of historic preservation group."

"I want to make the point that if we are a Historic Landmark and view ourselves as a historic place, then it seems to me, considering the village of Pinehurst's history, that we'd be hard pressed to protect that without some sort of board working for us."

State law requires that a historic preservation commission be established before it designates historic districts. The Pinehurst HPC was created prior to establishing the district, and the body has been tasked with duties assigned through the village's development ordinances.

Senior Planner Molly Goodman offered the council a list of options it could consider to achieve a streamlined process without sacrificing higher standards:

Leave the HPC as is
Reduce the number of HPC members
Change hats of the current commission to either Community Appearance Committee or Planning and Zoning Board.
Dissolve the local historic district boundary and create and overlay district with separate standards
Appoint council members to the commission

n Leave the HPC in place and route all levels of approval through staff; projects not meeting the written standards would still require board review

n Create a design review subcommittee - mainly in the event that staff has more review authority as a way to give nonbinding suggestions to applicants

n Amend the current local historic district boundary

n Request special legislation for other options

Councilman Doug Lapins said the HPC isn't working as intended.

"For me, its mea culpa," Lapins said. "I was part of the council that put it in."

Lapins said the commission is "not what any of us had in mind when we started this. I'm looking for something different."

Fiorillo said she favors going back to a historic zoning overlay district with "very specific standards." Before the HPC was created, the village had a historic overlay district.

"Standards are concrete," Fiorillo said. "If the standards are made more concrete, our historic district can be administered through staff."

Parson also said he favored creating an overlay district.

One worry with that system is that if there is any discretion involved, a board with quasi-judicial authority would have to handle the issue.

The council took no action but did agree to invite HPC members to a later meeting for continued talks.

Several residents spoke on this issue Tuesday, including Jim Lewis, a member of the Historic Preservation Commission. Lewis said he has not been comfortable with the process, saying he didn't feel good about saying no to the council.

"On the other hand, if the village doesn't go by the same rules, I don't feel good about saying no to the citizens," he said.

In June, Lewis voted not to issue the certificate of appropriateness for the project. He said Tuesday his opinion hadn't changed.

"I was against it then, and I am still against it now," he told the council.

He said the commission should have some room for judgment and interpretation of the rules, and that the volunteer commission - like a jury - still has merit.

"If I can send you to jail, I ought to be able to tell you if your home is the wrong color," he said.

Contact Tom Embrey at (910) 693-2484 or tembrey@ thepilot.com.

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truthmatterstome2 4 months, 1 week ago

This is exactly why the HPC doesn't work. Jim Lewis thinks he is on a jury. Not just any jury, but a jury that can interpret the law! Here, an appointed volunteer, is feeling his oats, showing off his self-perceived power over the masses. DUH! Equating being a member of a criminal jury, which is vetted by attorneys and a judge; a jurist who is told the rule of law by the judge before deliberating; a jurist who is told to remain objective and reach his decision based on the evidence and law, is simply delusional. A jury doesn't send anyone to jail, they just determine guilt or innocence of the defendant. If the intent of the HPC is to make residents feel like "defendants" then, Jim, you are obviously missing the point. YOU ARE TALKING HOUSE COLORS, JIM. HOUSE COLORS!! IT JUST ISN'T VERY IMPORTANT!

OWNID 4 months, 1 week ago

I was at the meeting and heard Jim's comments. I don't think he meant them like you interpret them. In fact, I think he was trying make the same point as your last sentence. He seemed to be arguing in favor of the HPC having some room use judgment when reviewing an application. His argument went something like this. A jury of 9 citizens can listen to the facts (and the law) and make a judgment that can send someone to jail. Threfore, wouldn't it make sense for the HPC, made up of 7 citizens to be able to look at facts (and the guidelines) and make a judgment on something far less important, like the color of a house. At least that is what I think he was trying say.

irishman 4 months, 1 week ago

Maybe now council knows how the average taxpayer feels at the hands of an overbearing planning board! The village also needs a little help getting competent lawyers at a decent price. $33k is an obscene amount of money for the appeal of a hearing, no depositions, no major filings. Somebody made out like a bandit on the legal deal!

irishman 4 months, 1 week ago

With all due respect to Mr. Jim Lewis, get off your high horse. You send people to jail if they are guilty of a crime, that doesn't give some snob hysterical commission member the ability to tell me I have the wrong color on my house. This is what goes wrong in most retirement communities, too many people with too much time on their hands, want a little power to tell other what to do.

OWNID 4 months, 1 week ago

irishman:

I think you are talking to the wrong guy. The Historic Preservation Commission does not make the rules or guidelines. They are just a group of volunteers charged with implementing the guidlines as it relates to major changes, only in the Pinehurst Historic District. Minor changes and all changes outside the Historic District are implemented by the Village Staff. I think it has something to do with preserving the National Historic Landmark status, which a lot of Pinehurst residents seem to think is important. I don't think it has much to do with Pinehurst being a "retirement community". Rather it is about being an historic community.

Easygoing 4 months, 1 week ago

The Council had a committee stand up to their grand plans and so they plan to eliminate them, it's that simple. Mr Parson seems to be all knowing and cannot stand anyone questioning his opinion. too bad he has never really been elected to the Council, just appointed by friends.

OWNID 4 months, 1 week ago

I'm not sure how I got started speaking for Jim Lewis, but I will add one more point. I do know him and I think I understand that he was trying to make two points at the Council meeting.First, the Village should be held to the same standards and rules as private citizens. Second, rather than operate with hard-and-fast rules, the HPC should be able to exercise judgment to allow some flexibility in implementation.

truthmatterstome2 4 months, 1 week ago

OWNID: The problem is that the commission is using flexibility to deny residents their rights. They are given "the rules" by the village. They should regulate based on "the rules". Their mission is not to accept or deny resident's requests based on their personal feelings. They were not appointed to be anything other than a committee that assures projects fall within the village requirements. Beyond that, they are exceeding their authority. This rogue committee that has garnered too much authority because they were not closely enough monitored. They have finally stepped on the wrong toes. They are the perfect example of the: "Give an inch, take a mile" mentality.

tarheelborn 4 months, 1 week ago

@easygoing.""The Council had a committee stand up to their grand plans and so they plan to eliminate them, it's that simple. Mr Parson seems to be all knowing and cannot stand anyone questioning his opinion. too bad he has never really been elected to the Council, just appointed by friends.""

You hit the nail on the head!

Mayor Nancy and Member Mark, have made their feelings well known. Come next elections the VOTERS will make their feelings known... They will not be reelected because supporters of the Mayor, have now been hoodwinked into believing she ran a campaign based on Very Different Values!

Yep, THEY ARE GONE COME NEXT ELECTION!