No subject
Sun Sep 13 11:38:11 MDT 2009
A property will be used as it was historically or be given a new use =
that requires minimal change to its distinctive materials, features, =
spaces, and spatial relationships.=20
2. The historic character of a property will be retained and preserved. =
The removal of distinctive materials or alteration of features, spaces, =
and spatial relationships that characterize a property will be avoided.=20
3. Each property will be recognized as a physical record of its time, =
place, and use. Changes that create a false sense of historical =
development, such as adding conjectural features or elements from other =
historic properties, will not be undertaken.=20
4. Changes to a property that have acquired historic significance in =
their own right will be retained and preserved.=20
5. Distinctive materials, features, finishes, and construction =
techniques or examples of craftsmanship that characterize a property =
will be preserved.=20
6. Deteriorated historic features will be repaired rather than replaced. =
Where the severity of deterioration requires replacement of a =
distinctive feature, the new feature will match the old in design, =
color, texture, and, where possible, materials. Replacement of missing =
features will be substantiated by documentary and physical evidence.=20
7. Chemical or physical treatments, if appropriate, will be undertaken =
using the gentlest means possible. Treatments that cause damage to =
historic materials will not be used.=20
8. Archeological resources will be protected and preserved in place. If =
such resources must be disturbed, mitigation measures will be =
undertaken.=20
9. New additions, exterior alterations, or related new construction will =
not destroy historic materials, features, and spatial relationships that =
characterize the property. The new work shall be differentiated from the =
old and will be compatible with the historic materials, features, size, =
scale and proportion, and massing to protect the integrity of the =
property and its environment.=20
10. New additions and adjacent or related new construction will be =
undertaken in a such a manner that, if removed in the future, the =
essential form and integrity of the historic property and its =
environment would be unimpaired.=20
=20
From: David V. Gray=20
Sent: Thursday, October 22, 2009 11:58 PM
To: 'Bob Jaffe' ; missoulagov at cmslists.com=20
Cc: childers at montana.com=20
Subject: Re: [MissoulaGov] Committee Update 10-21-09
Hi Bob,
=20
I will not be able to make it to Monday's hearing about the historical =
preservation ordinance because I will be out of town. I would like to =
point out some issues I have with the draft.
=20
1. If the ordinance is to apply to commercial buildings requiring =
an architect's stamp or Design professional per state law and the =
building code the work will need to be under the complete control of an =
Architect licensed in the state of Montana. If the Historic officer is =
being allowed to act as an Architect or design professional a complaint =
will be filed with the board of Architect for violation of the =
Architectural licensure laws by that individual.
2. If the Historical Preservation Officer is to have architectural =
and zoning control of Property (land, buildings and otherwise) in =
districts as an "anything he chooses to be good is allowed" ordinance =
then this creates a incredible hardship for property owner's in these =
areas. If an area is to be truly preserved in character that character =
needs to be defined by the owner's of the properties and rules to =
preserve that specific character need to be drafted with there input. =
That is a far cry from is proposed in the ordinance. The new =
Neighborhood Conservation districts allowed under the new zoning code =
would be a better tool and have greater public input than the current =
draft ordinance which has had very little public input.
3. Any Historical Preservation Ordinance proposed, I believe, =
should have strict educational and additional professional experience =
qualifications for the Historical Preservation Officer position. A =
professional degree in architectural history, Historical Urban design =
principals, architectural design and building code interpretation should =
be added so the officer understands the historical relevance of building =
and development styles over that past centuries. A Historical officer =
requiring some "fun windows" be added because the house next door has =
them is the wrong direction for true preservation of a building or =
neighborhood. I have dealt with historic officers requiring 2nd floor =
additions to not be stacked over the 1st story walls so citizens could =
tell where an addition was added. This is regardless of the fact that =
an adjoining building abuts the one receiving the 2nd floor addition and =
the offset requirement would create a 2 feet wide by 12 foot deep water =
and snow collecting pool between the two structures that would be =
impractical to maintain or keep water tight. Two other experience with =
historical preservation officers involved the officer not allowing =
insulated glass windows of the same shape and size be allowed to replace =
the large single pane windows of separate commercial projects. The =
existing energy sucking windows were not the original windows but an =
upgrade from whatever was installed when the building was built. These =
foolish requirements of Historic preservation officers that lacked =
architectural and practical experience should not become the norm for =
Missoula's historic treasures.
4. If this rezoning draft ordinance is to be allowed it should be =
voted upon by the individual properties it applies to. I have witnessed =
Historical Preservation Board Members file historic register papers for =
properties against a property owner's wishes. This Ordinance would now =
give the control of those properties to the very board that created an =
unwanted burden to the property owner's in the first place.
5. What is the rush with ramming this ordinance through without =
the adequate public comment and input needed for true preservation of =
Missoula's Architectural heritage. Have 4 or 5 Neighborhood Council, =
public charrettes and property owner meetings to discuss the =
ramification of having and not having a historic preservation ordinance. =
Discuss what should be included and why so sound decisions pertaining to =
a sites preservation can be made. Invite professionals to be apart of =
the process so there experience and knowledge can be included in the =
ordinance they will have to interpret.
=20
Sincerely,
David V. Gray
Ward 6
Born, Breed and raised in Missoula.
=20
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topMargin=3D0 vLink=3Dpurple=20
CanvasTabStop=3D"true" name=3D"Compose message area">
<DIV><FONT face=3DCalibri>In response to David Gray's =
points:</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>1. Assuming =
the=20
project is public or commercial, the project itself will be under the =
controls=20
of a licensed architect, who is responsible to his client - as =
intended by=20
state law. The Historic Preservation Officer will <U>not</U> =
be=20
acting as an architect, nor should he/she. The Architect is =
to=20
be the <U>Owner's advocate</U>. If we followed =
this=20
train of thought, how many people down at City Hall would =
then have to=20
be licensed architects? Building officials and inspectors? =
staff for=20
the Board of Adjustments, Design Review Board, Public Art =
Committee,=20
etc? </FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>2. I =
believe the=20
point is exaggerated. Any Committee, Commission, and Staff has =
rules,=20
guidelines, standards, State Law, and precedent to follow. =
Having the=20
power to dictate "anything he chooses to be good is allowed" just =
isn't=20
reality - and would not/should not be tolerated. =
Yes, more=20
specific rules (guidelines) should be drafted, which will =
then=20
plug into the ordinance for each district. =20
Such guidelines <U>should</U> be drafted by each =
district. Each=20
group should <U>definitely</U> have a say in what they choose =
to implement=20
in their own neighborhood. "Top-down" doesn't work very well, =
that=20
way. </FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT =
face=3DCalibri> What is=20
currently proposed it the Secretary of the Interior Standards for=20
Rehabilitation. (See reference below, from the National Park =
Service=20
website. It's a concise summary of the guidelines available and =
the=20
context for the guidelines chosen for the ordinance as a =
"default=20
setting". The NPS administers the guidelines). The idea =
behind this=20
choice it two-fold. The city is not a museum, but a living, =
changing=20
community. It has to allow for changes, adaptive re-use and new =
structures=20
in a historic context. The other point is that they are the most=20
nationally accepted, most defensible, and most-used standard which =
is as=20
good a first step as possible to fill in until neighborhoods can develop =
their=20
own, more specific standards. The Ordinance could not have been =
proposed=20
without offering some guideline to adopt with it.</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT =
face=3DCalibri>3. Re-iterating point=20
1, yes, the Historic Preservation Officer should certainly have =
qualifications=20
involving architecture and history. The experiences listed were=20
unfortunate and should definitely be avoided. I do however ask, =
that=20
people don't assume guilt of involved parties, based upon other bad =
experiences,=20
before there is an opportunity to prove out the system we are=20
contemplating adopting. Just as individuals have rights, a common =
theme=20
here, all people (HPO's and board members included) should be =
presumed=20
innocent until proven guilty. That's a pretty basic American=20
precept. </FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>I understand the fear that any public process =
or=20
ordinance <U>could</U> "go south", <U>but to assume it will</U> before =
it is=20
ever even adopted is, I believe, unfair.</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>4. I'm not =
even sure=20
how to respond to point 4. It's a very personal opinion and relies =
on=20
personal experience. To some people it may be an "unwanted =
burden"=20
(opinion). To others, it is a "desired tool" (also =
opinion) to=20
protect what they hold dear: their neighborhood character. =20
What people make of it is up to their own judgment, which is =
their=20
right.</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>5. "What's =
the rush=20
with ramming this ordinance through" . . . ? This ordinance =
has=20
been in the works with some neighborhoods for the last 8 years and has =
been in=20
continued public process for the last 3 years - complete with open =
public=20
meetings, neighborhood outreach, mailing lists, etc.. There has =
been no=20
rush. OPG has posted neighborhoods and sent letters to every =
potentially=20
effected property owner, in accordance with Zoning Law. To =
wax=20
personal, I am a professional (architect with historic =
experience) and have=20
been continually involved these last 8 years. And I'm not the only =
one. I believe what has been requested has already been=20
fulfilled.</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>Thank you for your patience and =
time,</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri>Steve Adler,</FONT></DIV>
<DIV><FONT face=3DCalibri>Adler Architects, Inc.</FONT></DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT face=3DCalibri></FONT> </DIV>
<DIV><FONT size=3D2 face=3DArial><U>From the National Park Service=20
website:</U></FONT></DIV>
<DIV><U><FONT size=3D2 face=3DArial></FONT></U> </DIV>
<DIV><FONT face=3DArial>The Standards are neither technical nor =
prescriptive, but=20
are intended to promote responsible preservation practices that help =
protect our=20
Nation's irreplaceable cultural resources. For example, they cannot, in =
and of=20
themselves, be used to make essential decisions about which features of =
the=20
historic building should be saved and which can be changed. But once a =
treatment=20
is selected, the Standards provide philosophical consistency to the =
work.=20
</FONT></DIV>
<DIV><FONT size=3D2 face=3DArial></FONT> </DIV>
<DIV><FONT size=3D2 face=3DArial>The four treatment approaches are =
Preservation,=20
Rehabilitation, Restoration, and Reconstruction, outlined below in =
hierarchical=20
order and explained: </FONT></DIV>
<P><FONT face=3DArial></FONT></P>
<DIV><FONT face=3DArial>The first treatment, <B>Preservation</B>, places =
a high=20
premium on the retention of all historic fabric through conservation,=20
maintenance and repair. It reflects a building's continuum over time, =
through=20
successive occupancies, and the respectful changes and alterations that =
are=20
made. </FONT></DIV>
<P><FONT face=3DArial></FONT></P>
<DIV><U><FONT face=3DArial><B>Rehabilitation</B>, the second treatment, =
emphasizes=20
the retention and repair of historic materials, but more latitude is =
provided=20
for replacement because it is assumed the property is more deteriorated =
prior to=20
work. (Both Preservation and Rehabilitation standards focus attention on =
the=20
preservation of those materials, features, finishes, spaces, and spatial =
relationships that, together, give a property its historic character.)=20
</FONT></U></DIV>
<P><FONT face=3DArial></FONT></P>
<DIV><FONT face=3DArial><B>Restoration</B>, the third treatment, focuses =
on the=20
retention of materials from the most significant time in a property's =
history,=20
while permitting the removal of materials from other periods. =
</FONT></DIV>
<P><FONT face=3DArial></FONT></P>
<DIV><FONT face=3DArial><B>Reconstruction</B>, the fourth treatment, =
establishes=20
limited opportunities to re-create a non-surviving site, landscape, =
building,=20
structure, or object in all new materials.</FONT></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><FONT face=3DArial><U>If you have gotten this far and still have =
interest,=20
the "Secretary of the Interior Standards for Rehabilitation" are listed=20
below:</U> </FONT></DIV>
<DIV><U><FONT face=3DArial>Also </FONT>
<DIV><FONT size=3D2 face=3DArial><U>From the National Park Service=20
website:</U></FONT></DIV></U><BR></DIV>
<DIV><FONT face=3DArial></FONT> </DIV>
<DIV><STRONG><FONT face=3DArial> A property will be used as it was=20
historically or be given a new use that requires minimal change to its=20
distinctive materials, features, spaces, and spatial relationships.=20
</FONT></STRONG>
<P><STRONG><FONT face=3DArial>2. The historic character of a property =
will be=20
retained and preserved. The removal of distinctive materials or =
alteration of=20
features, spaces, and spatial relationships that characterize a property =
will be=20
avoided. </FONT></STRONG></P>
<P><B><FONT face=3DArial>3. Each property will be recognized as a =
physical record=20
of its time, place, and use. Changes that create a false sense of =
historical=20
development, such as adding conjectural features or elements from other =
historic=20
properties, will not be undertaken. </FONT></B></P>
<P><B><FONT face=3DArial>4. Changes to a property that have acquired =
historic=20
significance in their own right will be retained and preserved. =
</FONT></B></P>
<P><B><FONT face=3DArial>5. Distinctive materials, features, finishes, =
and=20
construction techniques or examples of craftsmanship that characterize a =
property will be preserved. </FONT></B></P>
<P><B><FONT face=3DArial>6. Deteriorated historic features will be =
repaired rather=20
than replaced. Where the severity of deterioration requires replacement =
of a=20
distinctive feature, the new feature will match the old in design, =
color,=20
texture, and, where possible, materials. Replacement of missing features =
will be=20
substantiated by documentary and physical evidence. </FONT></B></P>
<P><B><FONT face=3DArial>7. Chemical or physical treatments, if =
appropriate, will=20
be undertaken using the gentlest means possible. Treatments that cause =
damage to=20
historic materials will not be used. </FONT></B></P>
<P><B><FONT face=3DArial>8. Archeological resources will be protected =
and=20
preserved in place. If such resources must be disturbed, mitigation =
measures=20
will be undertaken. </FONT></B></P>
<P><B><FONT face=3DArial>9. New additions, exterior alterations, or =
related new=20
construction will not destroy historic materials, features, and spatial=20
relationships that characterize the property. The new work shall be=20
differentiated from the old and will be compatible with the historic =
materials,=20
features, size, scale and proportion, and massing to protect the =
integrity of=20
the property and its environment. </FONT></B></P>
<P><B><FONT face=3DArial>10. New additions and adjacent or related new=20
construction will be undertaken in a such a manner that, if removed in =
the=20
future, the essential form and integrity of the historic property and =
its=20
environment would be unimpaired. </FONT></B></P></DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> <BR></DIV>
<DIV style=3D"FONT: 10pt Tahoma">
<DIV style=3D"BACKGROUND: #f5f5f5">
<DIV style=3D"font-color: black"><B>From:</B> <A=20
title=3D"mailto:hdgray at modwest.com CTRL + Click to follow link"=20
href=3D"mailto:hdgray at modwest.com">David V. Gray</A> </DIV>
<DIV><B>Sent:</B> Thursday, October 22, 2009 11:58 PM</DIV>
<DIV><B>To:</B> <A=20
title=3D"mailto:BJaffe at ci.missoula.mt.us CTRL + Click to follow =
link"=20
href=3D"mailto:BJaffe at ci.missoula.mt.us">'Bob Jaffe'</A> ; <A=20
title=3D"mailto:missoulagov at cmslists.com CTRL + Click to follow =
link"=20
href=3D"mailto:missoulagov at cmslists.com">missoulagov at cmslists.com</A> =
</DIV>
<DIV><B>Cc:</B> <A=20
title=3D"mailto:childers at montana.com CTRL + Click to follow link"=20
href=3D"mailto:childers at montana.com">childers at montana.com</A> </DIV>
<DIV><B>Subject:</B> Re: [MissoulaGov] Committee Update=20
10-21-09</DIV></DIV></DIV>
<DIV><BR></DIV>
<DIV class=3DSection1>
<P class=3DMsoNormal><SPAN style=3D"COLOR: #1f497d">Hi =
Bob,<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: =
#1f497d"><o:p> </o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: #1f497d">I will not be able =
to make it to=20
Monday=92s hearing about the historical preservation ordinance because I =
will be=20
out of town. I would like to point out some issues I have with the =
draft.<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: =
#1f497d"><o:p> </o:p></SPAN></P>
<P style=3D"TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1"=20
class=3DMsoListParagraph><SPAN style=3D"COLOR: #1f497d"><SPAN=20
style=3D"mso-list: Ignore">1.<SPAN=20
style=3D"FONT: 7pt 'Times New =
Roman'"> =20
</SPAN></SPAN></SPAN><SPAN style=3D"COLOR: #1f497d"> If the =
ordinance is to=20
apply to commercial buildings requiring an architect=92s stamp or Design =
professional per state law and the building code the work will need to =
be under=20
the complete control of an Architect licensed in the state of =
Montana. If=20
the Historic officer is being allowed to act as an Architect or design=20
professional a complaint will be filed with the board of Architect for =
violation=20
of the Architectural licensure laws by that =
individual.<o:p></o:p></SPAN></P>
<P style=3D"TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1"=20
class=3DMsoListParagraph><SPAN style=3D"COLOR: #1f497d"><SPAN=20
style=3D"mso-list: Ignore">2.<SPAN=20
style=3D"FONT: 7pt 'Times New =
Roman'"> =20
</SPAN></SPAN></SPAN><SPAN style=3D"COLOR: #1f497d">If the Historical =
Preservation=20
Officer is to have architectural and zoning control of Property (land, =
buildings=20
and otherwise) in districts as an =93anything he chooses to be good is =
allowed=94=20
ordinance then this creates a incredible hardship for property owner=92s =
in these=20
areas. If an area is to be truly preserved in character that =
character=20
needs to be defined by the owner=92s of the properties and rules to =
preserve that=20
specific character need to be drafted with there input. That is a =
far cry=20
from is proposed in the ordinance. The new Neighborhood =
Conservation=20
districts allowed under the new zoning code would be a better tool and =
have=20
greater public input than the current draft ordinance which has had very =
little=20
public input.<o:p></o:p></SPAN></P>
<P style=3D"TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1"=20
class=3DMsoListParagraph><SPAN style=3D"COLOR: #1f497d"><SPAN=20
style=3D"mso-list: Ignore">3.<SPAN=20
style=3D"FONT: 7pt 'Times New =
Roman'"> =20
</SPAN></SPAN></SPAN><SPAN style=3D"COLOR: #1f497d">Any Historical =
Preservation=20
Ordinance proposed, I believe, should have strict educational and =
additional=20
professional experience qualifications for the Historical Preservation =
Officer=20
position. A professional degree in architectural history, =
Historical Urban=20
design principals, architectural design and building code interpretation =
should=20
be added so the officer understands the historical relevance of building =
and=20
development styles over that past centuries. A =
Historical=20
officer requiring some =93fun windows=94 be added because the house next =
door has=20
them is the wrong direction for true preservation of a building or=20
neighborhood. I have dealt with historic officers requiring =
2<SUP>nd</SUP>=20
floor additions to not be stacked over the 1<SUP>st</SUP> story walls so =
citizens could tell where an addition was added. This is =
regardless of the=20
fact that an adjoining building abuts the one receiving the =
2<SUP>nd</SUP> floor=20
addition and the offset requirement would create a 2 feet wide by 12 =
foot deep=20
water and snow collecting pool between the two structures that would be=20
impractical to maintain or keep water tight. Two other experience =
with=20
historical preservation officers involved the officer not allowing =
insulated=20
glass windows of the same shape and size be allowed to replace the large =
single=20
pane windows of separate commercial projects. The existing energy =
sucking=20
windows were not the original windows but an upgrade from whatever was =
installed=20
when the building was built. These foolish requirements of Historic =
preservation=20
officers that lacked architectural and practical experience should not =
become=20
the norm for Missoula=92s historic treasures.<o:p></o:p></SPAN></P>
<P style=3D"TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1"=20
class=3DMsoListParagraph><SPAN style=3D"COLOR: #1f497d"><SPAN=20
style=3D"mso-list: Ignore">4.<SPAN=20
style=3D"FONT: 7pt 'Times New =
Roman'"> =20
</SPAN></SPAN></SPAN><SPAN style=3D"COLOR: #1f497d">If this rezoning =
draft=20
ordinance is to be allowed it should be voted upon by the individual =
properties=20
it applies to. I have witnessed Historical Preservation Board =
Members file=20
historic register papers for properties against a property owner=92s =
wishes. =20
This Ordinance would now give the control of those properties to the =
very board=20
that created an unwanted burden to the property owner=92s in the first=20
place.<o:p></o:p></SPAN></P>
<P style=3D"TEXT-INDENT: -0.25in; mso-list: l0 level1 lfo1"=20
class=3DMsoListParagraph><SPAN style=3D"COLOR: #1f497d"><SPAN=20
style=3D"mso-list: Ignore">5.<SPAN=20
style=3D"FONT: 7pt 'Times New =
Roman'"> =20
</SPAN></SPAN></SPAN><SPAN style=3D"COLOR: #1f497d">What is the rush =
with ramming=20
this ordinance through without the adequate public comment and input =
needed for=20
true preservation of Missoula=92s Architectural heritage. Have 4 =
or 5=20
Neighborhood Council, public charrettes and property owner meetings to =
discuss=20
the ramification of having and not having a historic preservation =
ordinance.=20
Discuss what should be included and why so sound decisions pertaining to =
a sites=20
preservation can be made. Invite professionals to be apart of the =
process so=20
there experience and knowledge can be included in the ordinance they =
will have=20
to interpret.<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: =
#1f497d"><o:p> </o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: =
#1f497d">Sincerely,<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: #1f497d">David V.=20
Gray<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: #1f497d">Ward =
6<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: #1f497d">Born, Breed and =
raised in=20
Missoula.<o:p></o:p></SPAN></P>
<P class=3DMsoNormal><SPAN style=3D"COLOR: =
#1f497d"><o:p> </o:p></SPAN></P>
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face=3DCalibri></FONT> </DIV></DIV></DIV></BODY></HTML>
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