Historic Preservation Needs Boost To Keep Pace with Modern Trends

CAPE MAY – Warren Coupland of the Historic Preservation Commission (HPC) outlined two “separate and distinct” ordinances that are making their way to the City Council for adoption at the April 4 work session. 
The ordinances represent a significant updating of the design standards that were first adopted in 2002.
Coupland began with a brief history lesson aimed at showing what is at stake as the city considers the proposed changes.
In 1976, Cape May achieved National Historic Landmark status. Soon after that, it was also designated a Certified Local Government by the state, a designation given by New Jersey’s Historic Preservation Office.
Coupland explained that these designations are not merely of value in marketing the city to tourists, but they are at the heart of tens of millions of dollars in grants that have been received by the city and other local entities since the designations were granted.
The HPC plays a critical role in the city’s efforts to maintain its status with the state and federal governments.
As Coupland described it, the HPC was formed to assume responsibility for three sets of functions:
* It regularly surveys all properties and maintains appropriate records in order to meet various historic preservation requirements.
* It manages the preservation impact of new construction and demolition in the city. Coupland noted that the city made the HPC a strong voice in land use issue by making it “part of the building code.”
The HPC has a unique status, especially when one considers that the city as a whole shared the Historic Landmark designation.
“It is the only place that I know of where the designation extends to the whole city instead of just a historic district,” Coupland said.
* The HPC is managing the development of existing properties. This includes a review of renovations and changes to properties, even properties outside of the historic district.
Coupland noted that the city has not always been a good steward of its status.
“In 2006 the city was put on a watch list and placed in danger of losing its status,” Coupland said.
The development and execution of a five-year plan to rectify problems achieved the goal of having the city removed from the watch list in 2012.
Coupland warned that the city once again was slipping after being removed from the watch list.
“We are seeing siding here, a satellite dish there,” Coupland said as he described the accumulating impact of the introduction of materials and products that were not prevalent enough in 2002 to be covered by the existing standards.
The first of the two ordinances HPC would like to see the city adopt deals largely with new products and represents additions to the existing standards.
When things such as solar panels, satellite dishes, and windmills are proposed in ways that would make them highly visible, they are not appropriate, Coupland said.
“We will support green technology where we can and where it is not visible from the front or sides of the homes,” Coupland said.
The draft ordinance also seeks to give property owners “better information on the maintenance or replacement of windows.” Coupland said that this section of the ordinance is not more or less restrictive than what currently exists.
He described it as a clarification and expansion of information.
In the second ordinance, the HPC is dealing with the potentially damaging side effects of having piling for deep foundations constructed by having them washed or pounded into the ground. The destructive vibrations can have immediately-visible consequences that are often covered by contractor liability insurance, but they also can have hidden damage implications that may not be discovered for years.
What the proposed ordinance does is set up criteria where helical piers would be required. This is a method of inserting pilings that has the piling screwed rather than pounded into the ground. The pile driving impact is eliminated.
The ordinance would call for this new technique to be used for any deep foundation work in the historic district and for any structure within 100 feet of a “key property” elsewhere in the city.
Lastly, the HPC has placed language in these proposed ordinances that it hopes clarifies the relationship between the HPC and the Zoning Board when considering exceptions to the standards.
The language inserted states that the rulings by the HPC that are appealed to the Zoning Board should be treated with a “presumption of validity.”
As a unique land use board, the HPC has special expertise that should be given high weight in appeals, Coupland said.
Further language states that the rulings of the HPC should only be overturned when they are determined to be “arbitrary and capricious.”
With these and other changes to the ordinances, the HPC is seeking to have city council’s adoption of the ordinances signify that the HPC decisions and the standards being enforced represent “what the city wants.”
The concern made explicit in the discussion was that recent rulings by the Zoning Board had reversed HPC more than it has affirmed the commission.
For Coupland and HPC members the new ordinances may help “remove a lack of clarity” about what HPC is seeking to do and the city’s support for it.
At an earlier presentation to the previous council, Coupland said, “Owning a home in the historic district comes with certain responsibilities to history.”
The proposed ordinances are the HPC’s attempt to clarify new aspects of that historic responsibility, updating standards to reflect new technologies and products and seeking a reaffirmation of the city’s commitment to the challenges involved in maintaining the resort’s unique character.
To contact Vince Conti, email vconti@cmcherald.com.