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HomeMy WebLinkAbout20120307WASHINGTON COUNTY HISTORIC DISTRICT COMMISSION A Washington County Administrative Annex 80 West Baltimore Street Hagerstown, Maryland 21740-6003 Telephone: 240-313-2430 FAX: 240-313-2431 Deaf and Hard of Hearing call 7-1-1 for Maryland Relay AGENDA HISTORIC DISTRICT COMMISSION FOR WASHINGTON COUNTY, MARYLAND CONFERENCE ROOM 1A & B WASHINGTON COUNTY ADMINISTRATIVE ANNEX 80 WEST BALTIMORE STREET March 7, 2012 7:00PM M REGULAR MEETING AGENDA - 7:00 PM A. Call to Order & Roll Call B. Minutes — February 1, 2012* C. Communications & Bills D. Unfinished Business 1. Design Guidelines — Review of Chapters 3 and 4 E. Budget F. New Business G. Other Business H. Closed Session I. Adjournment * = written material enclosed \HDC\amar2012.DOC NOTICE IS GIVEN THAT THE HISTORIC DISTRICT COMMISSION MAY MEET IN CLOSED SESSION PURSUANT TO SECTION 10.508, STATE GOVERNMENT ARTICLE, ANNOTATED CODE OP MARYLAND. INDIVIDUALS REQUIRING SPECIAL ACCOMMODATIONS ARE REQUESTED TO CONTACT THE WASHINGTON COUNTY PLANNING DEPARTMENT. COMPACT PLANNING DEPARTMENT AT (240) 313-2430 VOICE/FDD TO MAKE ARRANGEMENTS NO LATER THAN TEN (10) WORKING DAYS PRIOR TO THE MEETING. www.washco-md.net RECYCLED PAPER �Yl�' nCPi1 Property • Tax Credits may be combined. For example, a his- toric commercial business in the National Register Town of Williamsport may be eligible for 55% tax credits • All work MUST be pre -approved and meet the Sec- retary of the Interior's Standards for Rehabilitation • With few exceptions, only exterior work is consid- ered for tax credits • Taxpayers are urged to seek the advice of a qualified tax professional before proceeding with any tax credit rehabilitation project • Policies change frequently and funding may be subject to legislative constraints. Check with the Maryland Historical Trust for the latest information on State and Federal Tax Credit. Available Tax Credit 20% Federal Tax Credit • Administered by the National Park Service (U. S. Dept. of the Interior) and the Maryland Historical Trust • Qualifying rehabilitation expenses must exceed the greater of $5,000 or the adjusted basis of the building • The tax credit is deducted from applicant's Federal In- come Tax 20% State Tax Credit • Administered by the Maryland Historical Trust • Qualifying rehabilitation expenditures in a 24 -month period must exceed $5,000 • The Tax Credit is deducted from the amount of Maryland State Income Taxes that you owe for the calendar year in which the project was completed. If you owe less than the tax credit in income taxes that year, you will receive a re- fund check from the Comptroller of Maryland 10% County Tax Credit • Administered by the County Planning Office • Qualified rehabilitation, restoration, or preservation • The tax credit is deducted from applicants local Real Estate Tax for the tax year immediately following the work. Any unused portion of the tax credit, may be car- ried forward for up to 5 tax years 5% County Tax Credit • Administered by the County Planning Office • Qualified new construction attached to an existing his- toric structure • The tax credit is deducted from applicants local Real Estate Tax for the tax year immediately following the work. Any unused portion of the tax credit, may be car- ried forward for up to 5 tax years. 43 Historic Tax Credit Programs The Historic Preservation Tax Incentives program is a suc- cessful, cost-effective community revitalization program for com- mercial historic districts and an incentive for private homeowners to correctly rehabilitate and maintain important historic structures. The availability of the federal, state, and local tax credits has encour- aged investment in historic resources — in urban cores, residential neighborhoods, small towns, and private residences throughout the state. These programs preserve historic buildings, stimulates private investment, create jobs, and revitalizes communities. At the Federal level, tax credit programs have leveraged over $58 billion in private investment to preserve and reuse 37,000 his- toric properties since 1976. The Historic Preservation Tax Credit Program benefits the owner, the occupants, and the community by: • Encouraging protection of landmarks through the promo- tion, recognition, and designation of historic structures • Increasing the value of the rehabilitated property and re- turning underutilized structures to the tax rolls • Upgrading downtowns and neighborhoods and often in- creasing the amount of available housing within the com- munity. Federal programs are administered by National Park Ser- vice and the Internal Revenue Service in partnership with Mary- land Historical Trust since 1976. The State of Maryland has offered tax incentive programs since J Maryland Historical Trust. Washington County saw the benefits of offering a local tax credit program to quali- fying homeowner beginning in 1991 and offers tax credits on both historic rehabilita- tion and new construction when attached to an existing historic structure. it might be good to include some local statics on the WC tax pro- gram. How many dollars credits since inception, how many prop- erties affects? Ines for Historic Preservation 44 Tax Credit Fre_q.uentiy Asked Questions Wooburn Manor, circa 1815 just south of Downsville, Maryland. Several years ago this stately Georgian home was unoccupied and in an advanced state of deterioration. After purchase, the owners applied for and re- ceived designation onto the National Register of Historic Places and voluntarily established a local "historic preservation" or HP zone. These designations allowed the homeowner to take advantage of all available local, state, and federal tax credit programs. What is a Tax Credit? A tax credit lowers the tax owed by an individual. A tax credit differs from a tax deduction in that an income tax deduction lowers the amount of income subject to taxa- tion, while a tax credit is a dollar -for - dollar reduction in income tax liability. In other words, a tax credit of one dol- lar reduces the amount of income tax owed by one dollar. Taxpayers are urged to seek the advice of a qualified tax pro- fessional before proceeding with any tax credit rehabilitation project. Is my property eligible for Tax Credits? Your historic struc- tures must have Washington County "Historic Preservation" HP zoning , or be listed on the National Register of Historic Places, or noted as a "contributing structure within a National Register of Historic Places district or town, or Is my rental property or commercial building eligible for Tax Credits? Income producing historic properties are eligible for the most tax credits - up to 55% of the qualifying rehabilitation investment. Again, to be eligible, the historic structures must have Washington County Historic Preservation Zoning (HP), or be listed on the National Register of Historic Places, or noted as a "contrib- uting structure" within a National Register of Historic Places dis- trict or town. The federal credits are limited to income -producing, depreciable property only. The property may be either commercial or residential rental property. A taxpayer's personal residence would not qualify for the federal credit. Tax Credits 45 property is listed on the State and County Historic Site Survey, am I eligible for Tax Credits? No, almost all historic properties in Washington County are listed on the Maryland His- torical Site Survey and the Washington County Historical Sire Sur- vey. These site survey's were created solely to identify local historic resources within each county. How do I get my property zoned HP so I gua4fii for tax credit programs? Any property owner may petition the Board of County Commissioners to establish an HP overlay zone on their property. The HP District is an overlay zone that indicates the pres- ence of an historic site, structure or district, that has been deter- mined to be of significance to the heritage of Washington County. The designation of HP District is voluntary, property owners A completed amendment to Washington must apply to the county for this zoning overlay with the under- County zoning adding a HP zone to a local standing that this designation imposes additional guidelines during zy historic property construction or modzficatzon of new or exzstzngstructures on the property, now and in the future. In simple terms — if you desire the financial benefit of tax credits, you agree to allow the county to monitor any rehabilita- tion, restoration, or construction activities on your historic property and certify that it is completed cor- rectly. You receive the immediate financial incentive of a tax credit and the county has preserved an impor- tant historic property for the future. The Planning Commission in conjunction with the County Commissioners determine if your property is eligible, and the Historic District Com- mission certify that all rehabilitation, restoration, and new construction meets the guidelines established by the county. For the procedures and regulations to ap- ply for a HP District on your property see the Wash- ington County Ordinance on Historic Preservation Zoning Sections 20.4 through 20.8 and Washington County Zoning Amendments Section 27.1. or contact the Washington County Planning Department at 80 W Baltimore Street, Hagerstown, or call (240) 313- 2430. ORDINANCE NO. 555 -o5 -m AN ORDINANCE TO AMEND T}IRZONING MAP FOR WASHINGTON COUNTY, MARYLAND (RZ.55.053) Pursuant to the provisions of Section 27.1 of the Zoning Ordinance for Washington County, Maryland (Zoning Ordinance), Ronald and Jean Dolan (Appliumb) 'save applied to the Board of County Commissioners for Washington County, Maryland (Barad), for a zoning reclassificaton and a zoning map amendment of property more particularly identified in the Ordinance Amendment Application found in the record herein. The Application has been designated as Care No. RZ-O8-003. A public hearing was held on the application pureuant to Section 27.2 of the Ordinance, where the Applicants presented evidence and information relating to the zoning reclassification. the Board has considered all information presented at it's public less ring, the recommendation of the Planning ComMssinn, and each of those factors net forth in Maryland Code Ann., Article 660, Section 4.05 acid Section 27.3 of the Zoning Ordinance, The Board has made (actual findings and concluslmts of law which are act forth in the attached "Derision." The findings of fact and mnluslons of law are Incorporated herein. NOW, THnREPORR, BR IT ENACTED AND ORDAINED BY THB BOARD ON COUNTY COMMISSIONERS Oil WASHINGTON COUNTY, MARYLAND, that the property which 15 the eubject of Case No. RZUSU03 be, and hereby is, reclassified from the Rnviromnental Conservation (EC) to Bnviromnental Conservation with the Historic Preservation (HP) Overlay classification. IT IS FURTHER ENACT ED AND ORDAINED that the official Zoning Map be, and hereby is, amended accordingly. The Dhnrtor of Planning and Community Development shall cause the Zoning Map to be amended pursuant to Rlie Ordinance. IC Guidelines for Historic Preservation 46 Does my house or community guali for the National Register of Historic Places? The National Register is the nation's official list of buildings, structures, objects, sites, and dis- tricts deemed worthy of preservation for their significance to the cultural heritage of the na- tion. If your home or neighborhood is fifty years old or older and you think it has historical or ar- chitectural significance, you may wish to inves- tigate your options. For towns or communities, the Maryland Historical Trust often sponsors grant programs that offer financial assistance in this undertaking. As this designation is the highest level of historic recognition in the nation and requires significant documentation we recommend you first consult an architectural historian. Wash- ington County is fortunate to have several pro- fessional architectural historians who have all successfully nominated, local landmarks to the National Register. The Washington County Historical Trust can provide you with a listing of architectural historians. My old house is in a National Register Town, what rules does the government impose on me? There are no Federal laws or regulations that limit what private property owners can do to their properties, including properties listed in the National Register of Historic Places. The only situations in which private property owners may be impacted by Federal laws and regulations are when the owners have applied for or received a Federal Rehabilitation Tax Credit (within the last five years) OR require a permit, license, or funding from a Federal agency. Tax Credits 47 What Tax Credit does Washington County offer? Qualify- ing rehabilitation will be credited ten percent (10%) of the owner's expense for up to the total amount of County real estate property taxes. A credit of five percent (5%) of the owner's expense will be allowed for new construction attached to an existing historic struc- ture. The credit will be allowed for the tax year immediately follow- ing the work or any portion thereof is completed, and any unused portion of this tax credit, may be carried forward for as many as five tax years, after which the credit will lapse. Who do I contact for more Information? Tax credit appli- cations and zoning amendments information may be obtained at the Washington County Planning Department at 80 W. Baltimore Street, Hagerstown, or call (240) 313-2430. Guidelines for Historic Preservation 48 ,i l .. : . , ,. r To encourage the restoration and preservation of historic properties, in 1991, the Washington County Commissioners ap- proved an ordinance creating a historic preservation tax credit pro- gram. Owner documented expenses for exterior restoration or pres- ervation work is eligible for ten-precent tax credit, plus five -percent (5%) tax credit for qualifying new construction The tax credit is deducted from the property owner's Washington County real prop- erty taxes. The Washington County historic preservation tax credit may be used for many different types of projects. The project can be as simple as repairing a roof in -kind to engaging in a large scale restoration project. The credit can also be used for diverse types of structures, not just houses. Tax credit recipients may restore historic garages, outbuildings, barns, and greenhouses, in addition to main- tenance and restoration work on their residences. Historic District Commission Review One of the duties of the Historic District Commission is to review and approve, or disapprove, county tax credit applications. To ensure a trouble -free experience, it is highly recommended, but not mandatory, that the application be reviewed by HDC in advance of any work preformed. The HDC will verify that all work performed was completed in accordance with the Design Guidelines for Historic Preservation in Washington County as set forth in Chapter 7 of this publication. The HDC will not review any incomplete applications. Additionally, they will only approve tax credits for work if proved by supporting financial documentation. Save your receipts! The HDC has a fidu- ciary responsibility to the citizens of Washington County to ensure tax credits are correctly and judiciously applied. Lack of supporting receipts and documentation will disallow your application. The HDC may approve all, or part, of an applicants request. Approval by the Maryland Historical Trust for Federal or State tax credits does not guarantee an automatic approval by HDC. The HDC will approve or disapprove the work based on the current ap- proved county design guidelines which may differ slightly from the State or Federal guidelines. Tax Credits 49 That portion of the tax credit application approved by the HDC is forwarded to the Washington County Treasurer's Office. The approved tax credit is applied to a property owner's tax bill. Any unused portion of this tax credit may be carried forward for as many as five years. If the property were subsequently removed from the HP district, any unused portion of the tax credit would immediately lapse. A property not listed within a HP district at the time the work is undertaken is not eligible for the preservation tax credit. The Washington County Tax Credit is given for projects that "return a structure to a state of utility, through repair or altera- tion, which makes possible an efficient use while preserving those portions and features of the structure and its site and environment which make the structure and its site and environment histori- cally, architecturally, or culturally significant." Projects that are primarily remodeling or are interior rehabili- tation are not eligible to receive county tax credits. Owners contem- plating major rehabilitation or significant changes to their historic property are strongly advised to consult with a preservation architect early in their project. A list of qualified preservation architects is avail- able from the Washington County Historical Trust or the Maryland Historical Trust. To be eligible for for the Tax Credit all work must: • Be exterior in nature • Performed by a licensed contractor • Be certified by the HDC as contributing to the restora- tion or preservation of the historic structure If you need clarification on whether your project is ordinary maintenance, preservation or restoration, please contact the Wash- ington County Planning Staff at 240-313-2430. Examples of eli- gible projects could include (but are not limited to): • Repairing historic windows and doors or replacing deteriorated features with compatible new materials • Significant repair of or replacing roofs to original closely examine this list for • Repairs to framing or structural systems accuracy... • HVAC systems Guidelines for Historic Preservation 50 • Costs for architectural, engineering, consultants' ser- vices and exploratory demolition necessary to prepare the application • Chimney repairs • Exterior painting • Exterior drains and potentially other drainage issues if affecting structural integrity • Gutter replacement • Repairing architectural trim or ornament • Repairing and maintaining historic outbuildings such as barns and garages • Repointing brick or stone foundations or chimneys (does not apply to walls that have never been pointed, i.e. dry -laid brick and stone walls) • Restoring a documented feature such as a dormer or porch that was previously altered or removed • Uncovering or repairing original siding • New historically compatible construction when at- tached to existing historic structure Not Eltgible for Tax Credits • Annual or routine termite control • Cleaning: windows, chimney, gutters, or siding • Driveway and sidewalk repairs unless they have historic significance • Electrical work • Equipment or tool purchases • Interior work of any kind • Installation of new non -historic features • Interior fireplace repairs or chimney cleaning • Landscaping, yard work • Permit fees • Professional services (architects, color consultants, engi- neers) • Replacement windows or doors except in rare circum- stances with prior HDC approval • Snow and ice removal • Tree removal or tree services unless the tree touches the Tax Credits 51 house or threatens structural integrity • Value of owners' project time Tax Credits Guidelines Replacement of historic or non -historic features should be completed in -kind, i.e. wood to wood, slate to slate. Introduction of new materials requires HDC approval and may not be eligible for the credit —unless the new material or design is a restoration to the prop- erty's primary period of significance or if the original material was faulty. In either case, the project should still receive a prior approval Projects that restore a historic portion of a property to its orig- inal appearance using acceptable documentation, i.e. historic photo- graphs, forensic evidence on the building itself, drawings/paintings, or diary entries, to name a few sources, will be considered eligible. Alternately, work that replaces a historic feature may not meet eligi- bility for a preservation tax credit. This is especially true when the new feature differs from the original in materials or design. When obtaining receipts for work done, make certain to have your contractor price out each element of the job. Some items may not be eligible and you may lose the entire credit if you fail to provide sufficient information. Be sure to itemize receipts. If you are not available for the HDC review of the application a tax credit may be disallowed due to lack of clarification. When purchasing equipment or supplies for a job, please note on the receipt or a separate page attached to the receipt exactly what the items are and what they were used for in your project. This is only necessary if you purchased items for the contractor and the supplies were used for multiple on -going projects. Make certain to enclose a paid -in -full receipt or a cancelled check with your application. Also, be sure to include a proposal or a scope of work from the contractor who completed the work clearly stating what eligible exterior work was done on your property. Contact the Washington County Planning Office as soon as you contemplate undertaking a county historic preservation tax credit project. They will help guide you through the process and recommend sources for good historic preservation practice. You may also want to read the Design Guidelines for Historic Preservation in Chapter 7 of this publication. These guidelines provide excellent Guidelines for Historic Preservation 52 information about good historic preservation practice and are the reference guidelines by which the HDC will review each project and ultimately make a decision. Historic Preservatior!-_Tax Credits Insert local application Local Succesful projects: • Woburn Manor, Dam #4 Road major restoration work • Old Forge Farm, Old Forge Road, slate roof replacement • NEED MORE EXAMPLES - Photos would be great!!!! • Tax Credits 53 The Maryland Sustainable Communities Tax Credit Pro- gram is administered by the Maryland Historical Trust and pro- vides Maryland income tax credits based on a percentage of the qualified capital costs expended in the rehabilitation of a structure for the following types of projects: • 20% credit for "certified historic structures" that are own- er -occupied, single-family residences • 20% credit for "certified historic structures" that are com- mercial buildings • 25% credit for "certified historic structures" that are high- performance commercial buildings • 10% credit for non -historic, "qualified rehabilitated struc- tures" Additionally, the Maryland Historical Trust offers low -interest rehabilitation loans to users of the Heritage Preservation Tax Credit Program. All questions on the Maryland Historic Tax Credit program should be directed to the Maryland Historical Trust 410 514-7000 As the requirements, terms, and funding for Maryland Tax Credits change, please refer the Maryland Historical Trust website for the most recent information on State tax credits: http://mht.marsrland.gov/taxcredits.html Guidelines for Historic Preservation 54 Jointly managed by the National Park Service and the Inter- nal Revenue Service, Federal Historic Preservation Tax Incentives are administered in partnership with the Maryland State Historic Preservation Office, and reward private investment in rehabilitating historic buildings. To qualify for a Federal Historic Preservation Tax Incentive, buildings must be income -producing properties listed on the National Register of Historic Places, and work must be done in accordance with the Secretary of the Interior's Standards. Applica- tions for the Federal Tax Credit are due in advance of the work. Under the provisions of the Tax Reform Act of 1986, a 20% tax credit is available for the substantial rehabilitation of commer- cial, agricultural, industrial, or rental residential buildings that are certified as historic. The credit may be subtracted directly from fed- eral income taxes owed by the owner. The U.S. Internal Revenue Service is the final judge of economic matters relative to certified rehabilitations. Therefore, it is advisable that you consult with a tax accountant or lawyer before completing your tax return. To quality for the Investment Tax Credit, a property owner must: • Have a certified historic structure. To be certified, the building must be listed individually on the National Reg- ister of Historic Places or be a contributing part of a his- toric district that is either listed on the National Register or certified as eligible for the National Register • Use the building for an income -producing purpose such as rental -residential, commercial, agricultural, or indus- trial • Rehabilitate the building in accordance with the Secre- tary of the Interior's "Standards for Rehabilitation" and "Guidelines for Rehabilitating Historic Buildings." The National Park Service (NPS), with advice from the Mary- land Historical Trust determines whether a project meets the standards. • Spend an amount greater than the building's adjusted ba- sis (roughly the current depreciated value of the building not including land value) on the approved rehabilitation project Tax Credits 55 • Complete the work in a timely manner. Projects must meet the minimum expenditure test within a two-year measuring period, but applicants may take up to five years to complete a phased project if the plans and specs are approved in advance of construction. • Pay a fee to the NPS; the fee shall be no less than $250 and no greater than $2,500 and shall be based upon the qualifying rehabilitation expenditures. As the requirements, terms, and funding for Federal His- toric Tax Credit Program are frequently amended, please refer the National Park Service website for the most recent information on Federal tax credits: http://www.nos.�g ov/hps/TPS/tax/index.htm lines for Historic Preservation 56 Tax Credits 57 Guidelines for Historic Preservation 58 Tax Credits � +� • • N 60 Preservation Zoning Ordinances Preservation -minded citizens continue to search for improved and effective ways to protect their historic neighborhoods, down- towns and rural landscapes and the irreplaceable character of the buildings and structures that define the county and provide us with visible evidence of our past. Local government leaders struggle to maintain a balance between preservation, property rights, and de- velopment growth. For almost forty years, the historic preservation ordinance has been an effective tool for accomplishing this goal. When properly applied, zoning can be a powerful tool in protecting historic properties. The preservation ordinance is local legislation, or laws, en- acted to protect historic districts, individual buildings and archaeo- logical sites from destruction or insensitive remodeling. It is a legal means by which local communities can identify, evaluate and pro- tect historic properties. Such laws empower a board or commis- sion to regulate to a greater or lesser degree, the design of exterior changes to buildings within a defined area. The most effective local ordinances enable the establishment of a design review board or commission and the designation of local historic districts and individual landmarks. Ordinances of this type are called "enabling ordinances." Most ordinances do not identify specific districts or landmarks in the ordinance itself. In this way additional historic properties may be identified and designated in the future. Federal Level .._._ The National Historic Preservation Act (NHPA) provides the legal framework for a wide variety of historic preservation programs at all levels. The NHPA was passed by Congress in 1966 and created the National Register of Historic Places, State Historic Preservation Offices, and Certified Local Governments. The NHPA also calls for all Federal agencies to consider the effects of their projects — in- cluding funding, permitting, and licensing programs — on historic properties. In addition to regulatory programs for Federal undertak- ings, there is a Federal Income Tax Credit for the rehabilitation of Washington County Historic Districts properties listed in the National Register of Historic Places. The Rehabilitation Tax Cred- it Program provides project sponsors with a credit equal to 20% of qualified expenses for rehabilitation projects on income -producing historic properties. This program has helped to preserve and return hundreds of buildings in Maryland to productive use. See chapter 3 of this publication for more information on Tax Credit Programs. While all Federal agencies have a re- sponsibility to consider historic properties in their projects, there are two Federal agencies charged with specific preservation responsi- bilities: The National Park Service and the Advisory Council on Historic Preservation. The National Park Service (NPS) administers the National Register of Historic Places, the National Historic Landmarks Pro- gram, Save America's Treasures, the Certified Local Government Program, Rehabilitation Tax Credit Program, and numerous tech- nical assistance programs. The Advisory Council on Historic Preserva- tion (ACHP) is the agency charged with ensuring that other Federal agencies meet their obligations under the NHPA and consider historic properties in their project planning and execution. The ACHP also administers the Preserve America program. There are no Federal laws or regulations that limit what private property owners can do to their properties, including properties listed in the Na- tional Register of Historic Places. The only situa- tions in which private property owners may be im- pacted by Federal laws and regulations are when the owners have applied for or received a Federal Rehabilitation Tax Credit (within the last five years) or require a permit, license, or funding from a Federal agency. The mid -19th century Brumbaugh-Kendle- Grove farmstead near the Hagerstown Air- port was acquired by Washington County in 1999 with a grant from the FAA. The use of Federal funds requires a Section 106 review to "mitigate adverse effects" assuring that the Federal Government is not contributory to the unwarranted demolition of a valuable historic property. The rare and beautiful Swisser Barn at the Brumbaugh-Kendle-Grove farmstead has been allowed to fall into a great state of dis- repair by the Hagerstown Airport personnel. Summer 2009 Guidelines for Historic Preservation 62 A grant from the Maryland Historical Trust State Level___ _ assisted the Town of Williamsport in main - Every state has a State Historic Preservation Office (SHPO), taining the magnificent barn at Springfield Farm. The great barn houses the town a government agency that administers a variety of programs de - museum on the lower level and makes the signed to help citizens preserve and revitalize historic places in their upper level available for private functions. state. The Maryland Historical Trust is the SHPO for Maryland and was created by the Maryland General Assembly in 1961. The Trust is governed by a fifteen -member Board of Trustees appointed by the Governor, the President of the Senate, and the Speaker of the House of Delegates, and is administered by the Maryland Depart- ment of Planning. The Maryland Historical Trust administers a variety of pro- grams, including: • The Maryland Inventory of Historic Properties (MIHP)— a list of all properties in the State that have been surveyed and recorded. However, just because a property has been surveyed and included in the MIHP, it does not mean that it is historically significant or is subject to any restric- tions or regulations, • The Maryland and National Registers of Historic Places — The Maryland and National Registers are lists of properties that have been surveyed AND evaluated AND found to be historically significant the local, State, or national level. Washington County Historic Districts 63 • Financial Incentives — MHT administers grants, loans, and tax credits for historic properties, including planning and documentation, "bricks and mortar", museum, and heritage tourism projects. • Review and Compliance — All State and Federal agencies are required to consider the impact of their projects on historic properties. MHT reviews all projects receiving government assistance and helps agencies avoid, mini- mize, or mitigate adverse effects on historic properties. • Archeology — MHT undertakes archeological research, coordinates public archeology programs, and monitors archeological activities on State-owned property. • Local Government and Community Assistance — MHT provides technical and limited financial assistance to mu- nicipal and county governments, community organiza- tions, and citizens on a variety of historic preservation policies and projects. • Easements — MHT holds easements on more than 600 historic properties across the State, including some of the most historically, architecturally, and archeologically sig- nificant properties in Maryland. Many of these programs are administered in partnership with National Park Service and the Advisory Council on Historic Preservation. Congress provides SHPO's with a limited amount of funding each year through the Historic Preservation Fund to assist with these programs. The balance of MHT's operating budget is provided by the State of Maryland. There are no State laws or regulations that limit what private property owners can do to their properties, including properties listed in the Maryland Inventory, and Maryland and National Registers of Historic Places. The only situations in which private property owners may be impacted by State laws and regulations are when the owners have applied for or received a State Rehabilitation Tax Credit (within the last five years) or require a permit, license, or funding from a State agency. The Washington CountyAlmshouse on North Locust Street, Hagerstown is a rare, surviv- ing example of a poorhouse dating to the turn of the 19th century. In 2010 this historic struc- ture was placed on Preservation Maryland's Guidelines for Historic Preservation 64 ,Probe Sought Of Reported Plans county Le -v. -e1 --------- To Sell Rochester ft on s e Site The National Historic Preservation Act of 1966 is the le- ; " " " " " "'"' "' "" gal foundation for Washington County's for local historic pres- I f n A:.I u IhN r Y II ro nr t If la >ee sbg a I -I.1 I,i£ ut,I ilk fir t y 1 i tl TN 11 ;' I fit A l h(Bll II IX,R0. tub P 411x h, < all / ervation legislation so long as there are well -thought-out crite- b tl i •ti a[1 Itfe.ot 1 (1 rqol,Ioois 01 Il 1 91 Li d ,dr Inl' II / tl l[ '.". ir, , s I 01. „ 0,rh Ile, l ." 1,ri <,l . is Illler ` ria and standards, good hearing procedures, well -documented It itr AenP ill 1105,100 0, Uilpll 1, iYsl f to,' ' is " "oioo II "° °"" "'' ` ", Yt{ dye- rif0"1` records and sound administrative oversight and decisions are SM I hLA ' li I i I I 0110 us, l l i 5 a! I L0 0,r iill \- Ud ,, id 1 r- found 1i ad rsl rr fl{ 0 Iuuhso nY a 1`01011 R' ,RIIRnl ), 0110{ consistent and serve multiple public goals. Detailed minutes (IllS ,mw out'. " "° ""`I ` " ".' ° of must be kept, historic sites and districts must be carefully re- rl I, U I ill , Y ":1, l 11 ..,of rare I r .x t l tc ill ark- I l is "' "" 00-0 `"" °" "" "' "'" "' h' ' l "'a` searched and selected throughout the community, and design t I ri. n ➢ f , 11 !' nI lr ^ I , rht .ei ?i '.hr'o b .[ h3 1 Oa t a i rre nI [ n. `110004 1 r 'll0 fir on,nrll "" :"'"` p"" ";:" ° '" ""`review decisions must be consistent and based upon sensible ,PI If kll'r l ll f il, ', 1 54th, 4 h , 14 .. I fi ,1„ ' e` 'I design guidelines which are readily understandable and avail- able to the public. Morning Herald, June 13, 1952 One of the earliest battles forpreservationinWash- Local preservation legislation enables the county and com- ington County begins in the infamous, very munities to designate groups of historic or archaeological proper - public, and unsuccessful attempt to save ties, called historic districts, or individual properties as zoning over - the 18th mansion known as the Rochester House two block west of Hagerstown's lays. This means that the legal use of the land does not change, but square. that an additional designation of historic "zone" is identified. These Historic Preservation districts and zones are administered by the Historic District Commissions, The Washington County governments support historic pres- Morning Herald, August 12, 1969. onlyg- ton County was praised for being the only ervation in a variety of ways, including being the owners and stew - county in Maryland with a HistoricatAdvisory ards of historic properties, offering tax incentives, and creating His - Committee. toric Area Overlay Zones, County Praised For Being Far Ahead Of Others In Historical Preservation Tito Uoavol of Cnonly Cm4: Iles ncpanlu lien 1naednrlob Idi ssinnera Imlay Kemal Mrs. OLl In111dinis fm• the Ni iPuish or No dinrylnrdl ties isler of IllsNdc Sties irhieh, ` Ilaiuric ill 'ynmt p,dlso it's espl01nod, to 011,1 of All.. 'for I" ohon" of n'fly f liler Wnnllinb'' nlllratt IIatiolia1, till, null local In Iho 0100 of tdaiorirnl poser. pynparlos ospieh tllmdd h0 vallml. stood trots dno'Ireiloo. Elrs, 1051111 Dlasanled to the (0,10 nn[oeWnnlO mislnkn llln tommisbioners Cimrt Oil tits vollnly hna nuulo, Sir,, Garish vey r ud0 of blstndc points said, woo the toxv n[ tilt' IUslerio hl \VSshinptnn Ill Isole ddO 1 Nalllmllel roofed I Alt,, hrtlhded o IJsiorle bldbli"6 ¢rehvei• fonmleJ II 011y 111 sha 'Ti" nvi P'nshingtml pOrheslor, N.1'. Costly is toenail rnnntY in 4hc shasial 1101 ncvU for Ilie dole Is have ill mil Sri tax rnlllh0 isnllon of a Chll pillilii o, IIIofoI tell ndrixme• emnmilleq and hieloris Pr0sersadiml. Tilt 01111 Inndtd Iha coon!? for it, mollir toil sill,". forprmath 01111 folIt Il, bTi Jinx doceloiimmM1 pod still 'Vu!,' rosily is nnilrvudll''p00osrec ifs stn nlerhll hmilap4 sipniilenni;' she told IIm rme, she mahtl ol'i iadnners, her.ornt It was IIIe MI's. i'a11ah fold the mm. Curl011 y Anlen'ny So II IhrOsi Iry !""th Ihnl slln hop0d IhCY rv0s'.0010111toonlicr, do Crmll ip!011mi l wulel'slpnd nrrrylhilln )Ire. Parish ICrnmA 11 05(0 IIm sow isn't 10 anv Ilnronan silo pnrmnt ihxn IIm 010114 Inntlinq ovoclrU In came beck and rx' I I onr mllloenl hlslm;v. 011 in it nl:ahl. In Imr 0011006 311x. Pnnah Am• calms" In 0"010 In p,:l(0ed Ilse ln.IlOW nl'eldlrmo lv"ollilolnll Connl)', 01's 101,1, 111 III,, anlrllp' moll told 1110 011151 /0011111 sill I'er. "ICs can of the ndasi0ners "Inwp all to IL" lovelicsl counties hl Ilm ninlc" In Maryland only local governments have the authority to review and approve changes to historic properties owned by indi- viduals. State law allows counties and municipalities to designate historic districts and individual landmarks and review changes to those properties as a way of preserving the historic fabric that makes those properties significant and ensure that new construc- tion is compatible with the historic nature of those properties. Changes to these locally designated historic districts and proper- ties are reviewed by the Historic District Commissions of Wash- ington County or the Hagerstown Preservation District that are appointed by the County Commissioners and the Mayor and Council of Hagerstown respectively. Washington County Historic Districts 65 SECTION 20.0 PURPOSE - THE PURPOSE OF THE HISTORIC PRESERVA- TION DISTRICT IS TO PROVIDE A MECHANISM FOR THE PROTECTION, ENHANCE- MENT AND PERPETUATION OF THOSE SIGNIFICANT HISTORIC STRUCTURES, SITES AND DISTRICTS AS DEFINED IN SECTION 20.7 IN WASHINGTON COUNTY, WHICH HAVE HISTORICAL, ARCHITECTURAL, ARCHEOLOGICAL AND CULTURAL MERIT. THE "HP" DISTRICT IS AN OVERLAY ZONE MEANT TO ENHANCE, NOT SUBSTI- TUTE, FOR THE EXISTING ZONING DESIGNATION, THAT REGULATES LAND USE, SECTION 20.1 - HISTORIC DISTRICT COMMISSION CREATED, PURSUANT TO THE AUTHORITY GRANTED TO WASHINGTON COUNTY IN ARTICLE 688, SECTION S01 ET. SEQ. OF THE ANNOTATED CODE OF MARYLAND, THERE IS HEREBY CREATED THE "HISTORIC DISTRICT COMMISSION OF WASHINGTON COUNTY, MARYLAND." SECTION 20.3 HISTORIC DISTRICT COMMISSION DUTIES & POWERS SECTION 20.4 ESTABLISHMENT OF "HP" ZONES. THE "HP" DISTRICT IS AN OVERLAY ZONE THAT INDICATES THE PRESENCE OF AN HISTORIC SITE, STRUCTURE OR DISTRICT, WHICH HAS BEEN OR WILL BE JUDGED TO BE OF SIGNIFICANCE TO THE HERITAGE OF WASHINGTON COUNTY. THE OVERLAY ZONE IS ALSO A MECHANISM TO MONI- TOR AND REGULATE BUILDING ACTIVITIES IN THE "HP" DISTRICT. AS AN OVERLAY ZONE, THE "HP" DISTRICT IMPOSES ADDITIONAL GUIDELINES DURING THE CONSTRUCTION OR MODIFICATION OF NEW OR EXISTING STRUCTURES ON THE SUBJECT PROPERTY. THESE CRITERIA ARE IN ADDI- TION TO THE CONVENTIONAL UNDERLYING LAND USE ZONE. THE "HP" OVERLAY ZONE SHALL BE IN NO WAY CONSTRUED TO LIMIT OR MODIFY THE PERMITTED USES OF THE UNDERLYING ZONE. iers Urge Plaza For Rt. 40 Tract A discussion of proposed Ing for a recently annexed occupied (he time Thu rid i the Hagerstown Planning mission. The group, along with r hers of the Board of Z, Appeals and the owner o: property. Dr. Richard liar The area Is generally I lowell Rd., Dnal id the Ilehb farm, It F acres and was- ann SECTION 20.5 CRITERIA FOR ESTABLISHMENT OF AN "HP" OVERLAY ZONE SECTION 20.6 ACTIVITY WITHIN AN "HP" ZONE IN THE "HP" DISTRICT, ANY ACTIVITY WHICH REQUIRES THE ISSUANCE OF A BUILDING PERMIT ACCORDING TO THE CURRENTLY ADOPTED WASHINGTON COUNTY BUILDING CODE AND SUBSE- QUENT AMENDMENTS AS ADOPTED FOR USE IN WASHINGTON COUNTY AND THE PROCEDURES OF THE DEPARTMENT OF PERMITS AND INSPECTIONS SHALL BE SUBJECT TO REVIEW, APPROVAL OR DISAPPROVAL BY THE HISTORIC DISTRICT COMMISSION OF WASHINGTON COUNTY. SUCH ACTIV- ITY CAN INCLUDE BUT IS NOT LIMITED TO CONSTRUCTION, RECONSTRUCTION, RELOCATION, RES- TORATION, REHABILITATION, MODIFICATION, ENLARGEMENT, CONVERSION OR DEMOLITION OF ALL OR ANY PORTION OF THE EXTERIOR FEATURES OF THE SUBJECT SITE, STRUCTURE OR DISTRICT. SECTION 20.7 DEFINITIONS SECTION 20.8 APPEALS der the Burhans adminlslraI The commission officially commended that about 35 a of (lie property fronting an I Highway should he zoned c minify shipping center. R, dentist zoning was recomme, for the rest of the land. In other business the ce mission reviewed file ma street plan proposed by the rn Ave. be fall led a n ri the the proposed be realigned. Morning Herald, May 1966. The Hagerstown Planning Commission determined the 18th century stone home and barn known as Fox Deceived Farm on the Dual Highway should be a shopping plaza. Guidelines for Historic Preservation 66 wcnmo 0 0F0 CA0 nus=- 0004 : d Fno: flIS 00110T140204005001001510410 I.... ro+ 50.10wamic Slots 000010 wcnn0N nom. u : kMT0N ..,. i puw0000000OLRTV flLOCATION000100LLILOCOIFfl000 loo ISIS PoI flREPRIILTITAfl000I000IITINO 5000511 ,II„ ton County Historical Resources Washington County launched its first formal survey and `dentification of it's historic resources in the mid 1970's when an architectural historian consultant was hired with joint County and State funding. Within five years, over 1,300, individual, pre -1860 esources were identified, evaluated, and cataloged. It was the foun- ation for the Washington County Historical Site Survey. In 1983, dditional funding enabled an additional eighty-two properties to be identified when the Getty Survey was completed. In 1989, Washington County began a comprehensive effort to identify and evaluate resources and potential for historic districts in all the incorporated municipalities throughout the county except Hagerstown. Each survey in - eluded a contextual history relating the specific factors that lead to the towns development, lists of contributing resources and a proposed -historic district boundary. The survey limited identified historic resources to be fifty -years old or older, the profes- sionally and nationally accepted guideline. Hancock was the first town in the county to tender a complet- ed survey in 1989 identifying 348 contributing resources. William- sport was surveyed in 1990 with 381 identified resources. Smith- sburg and Sharpsburg were completed in 1991 and identified 161 and 218 resources respectively. In 1992, 142 sites were documented in Clear Spring and 249 were noted as contributing to a ° potential district in Boonsboro. Keedysville's survey was completed in 1993 with a different source of contribut- ing funds from the Maryland Department of Planning and listed 124 contributing sites within a potential dis- trict boundary. After a brief hiatus due to the shortage of /F.' funding, Funkstown was the final town to be surveyed in One of the Washington County Historical Site Survey completed in 1976. The Reich- ard Farm on Jordan Road write up includes a brief history, a description, and historical significance. Black and white photos and a map complete the file. Washington County Historic Districts 67 1996 where 162 contributing resources were identified. The City of o;;j. n s Hagerstown has 1,653 contributing resources located within six na- tional register districts, that overlap with its four locally designated =,_ _p_„" • _ a - ._,en,_ :,,, '"' preservation design districts. ::::::::r Site surveys continue on an individual basis and are added to „°. , ,...°� • ...,, existing survey work. Occasionally they are initiated by the prop- •i.°ii M .n"qitbi ni�euix,'.,i` �.•.:uE e, ..•„m,°•„M.`� , i;;°.r;i,. ':.a °' " °`^ °' erty owner but more often it is triggered by use of Federal and State funding or permits that require analysis of their effects on historic resources. Affected sites not previously done are ana- lyzed and documented. Most recently survey work has been completed as a joint funding effort between Washington County and the State of Maryland through the Certified Local Government program, status which Washington County achieved on Au- gust 28, 1991. Two phases of this Rural Community Survey have been completed with several more to be completed. th_ ____________________________________ Each community contains multiple properties. Some may have significance to local history on their own. Most, however, will have more importance as a contributing resource to assist in understanding and interpreting the history of the whole commu- nity and Washington County. To date, the communities that have had their surveys completed and the number of resources identified include Maugansville (101 resources), Rohrersville (42), Pen Mar (53), Fairplay (23), and Tilghmanton (72). The Highfield/Cascade poescnmun wmu-44t -- community has been preliminarily evaluated but a resource count was delayed to a future phase of the project. In all, the resources that...,.., . °<.ph contribute to the understanding of the development of rural.a past a.¢re:, communities and therefore to the therefore to the County's history, number 291. Almost 25 years of historic sites survey has identified 5,127 it in Washin ton Count and it's munici ali- '"� ses g y p ties, most of them being dwellings. The 1990 {: census counted 47,448 housing units in Wash- ington County. 13,570 of them were reported to 1# be constructed before 1939. 8,592 of those pre - 1939 structures are located in the incorporated x 5. municipalities, 6,761 in Hagerstown alone. The remaining pre -1939 structures in towns, 1,831 Guidelines for Historic Preservation 68 corresponds favorably with the total number surveyed in the mu- nicipalities of 1,785. With 1,689 sites surveyed in the county since the 1970's and the Census indication of 4,978 pre -1939 dwelling units in the County there is some merit in the thought that there are still many potentially historic sites, over 3200, unevaluated, waiting to be discovered and documented. The Maryland Historical Trust was created in 1961 to as- sist the people of Maryland in identifying, evaluating, protecting and interpreting the state's significant historic, architectural, and cultural resources. The Trust's field survey program has operated continuously since that date, placing some 45,000 entries on the Maryland Inventory of Historic Properties. Over the years, docu- mentation standards have evolved considerably. Early reconnais- sance surveys produced brief architectural descriptions and minimal photographic coverage; subsequent efforts often expanded upon this basic information with historical research and measured drawings. Following the creation of the federal historic preservation program and the Trust's designation as the State Historic Preservation Office for Maryland, a more exhaustive inventory form was developed, based on the National Register format; this brought the state's field survey standards into close alignment with National Park Service requirements. Documentation produced in recent decades is rich in content, and has established the Maryland inventory's national reputation for thoroughness and professionalism. The MHT assembled all Maryland county Historical Site Surveys in the Maryland Inventory of Historic Properties and have made these survye's available to the public in electronic form on their website. Through grants the MHT continues to expand the database by adding historic properties. http://www.mdihp.net/ Rural Villages The Rural Village designation is provided to preserve the unique historic or rural character of existing villages by encour- aging compatible, harmonious development within a defined vil- lage boundary. It also identifies clusters of existing development in Washington County Historic Districts 69 the rural areas that may be candidates fo public facilities in the future. The zon intends for permitted development to b generally of a similar density, scale an( use type and mixture as that which exist in the village. I The zone is also designed to pre vent large amounts or inappropriate) scaled development or uses that woult detract from the existing rural or histori character of the village. It is expected tha development will be residential and a lim ited amount of mixed rural services. Mor than one use may be permitted on one specific guidelines. Public water and sewer may be available for the purpose of resolving or preventing health issues. Use of public utili- ties to permit greater density than the density specified in this sec- tion is not permitted. The formal designation of"Rural Villages" is an outgrowth of Maryland's Smart Growth Act of 1997. By law, a designated Rural Village is considered a "Priority Funding Area" (PFA). Many such villages have existed in Washington County since colonial times while newer urban settlements at junctions in roads or along creeks and railroads have evolved in the recent past. Rural Villages are de- fined by something other than incorporation or governing structure. They are definable on the landscape and contribute to the unique character of Washington County. They usually include a small core of a residential neighborhood associated with a retail establishment or an institution such as a post office, elementary school, church or 1 Section 5D,5Architectural Review It Is the intention of the Rural Villagedesignation to promote new development that Is con- sistent in type, scale and appearance with existing development In the village. (a) In Rural Villages that are identified In Washington County's Historic Sites Inventory, individual parcels Identified In the same Inventory when the village Is not Identified, properties listed in Maryland's Inventory of Historic Places or properties listed In the National Register of Historic Places, the exterior appearance of new construction that re- quires a building permit, except buildings of 100 square feet or less, shall be subject to review and approval or disapproval by the Washington County Historic District Commission. The Historic District Commission shall use the adopted review guidelines as provided In Article 20 of the Zoning Ordinance, 1. In addition to. the adopted guidelines the Historic District Commission shall give consideration to the following in Its determination of appropriate exterior appearance of new construction in the Rural Village district, a, the exterior appearance of existing structures in the Rural Village Including materials, style, arrangement of doom and windows, mass, height and number of stories, roof style and pitch, proportion, b. Building size and orientation c. landscaping d. signaga e, lighting f. setbacks g. accessory structures (b) All applications for new construction, except buildings of 100 square feet or less, shall provide accurately scaled and detailed elevation drawings of all sides of the structure for review as pad of the building permit or site plan review, whichever Is first applicable. (c) As other Rural Villages or Individual properties within the Rural Village district are evaluated to determine their historic significance according to Maryland Historical Trust guidelines and are added to the Maryland Inventory of Historic Properties, Washington County's Inventory of Historic Properties or the National Register of Historic Places, the exterior appearance of those structures shall also become subject to the review and approval or disapproval of the Historic District Commission. The requirement for Historic District Commission review of exterior appearance in Rural Villages added after original adoption of this Ordinance shall apply only after a public hearing during which the affected property owners have had the opportunity to provide Input. Washington County was surveyed for his- toric content in 2001. Any new construction within the bounds of the Rural Village are subject to review by the Washington County Historic District Commission. Guidelines for Historic Preservation 70 fire station. Most are located in the rural areas some distance from other towns or facilities. A few are close enough to an urban center to be associated with the Urban Growth Area or a Town Growth Area. Many have vacant lots that are suitable for infill development. No new Rural Villages are being recommended at this time, how- ever, it is recommended that the villages be reviewed for their his- torical potential so that "historical sub -areas" may be delineated within the boundary of the villages. The intent is to create historical sub -areas within the rural villages so that additional emphasis can be placed on design criteria so that the historical nature of the area may be preserved in terms of scale and compatibility. The following are the designated "Rural Villages" for Washington County: Rural Village Completed Other Antietam Bagtown Bakersville Beaver Creek Big Pool Big Spring Bostetter within UGA Breathesdville Bridgeport within UGA Brownsville Cascade Cavetown Cearfoss Cedar Lawn within UGA Charlton Chewsville Conococheague/Wilson Dargan Downsville March 2009 Eakle's Mill Edgemont Ernestville Fairplay need date Fairview Fiddlesburg/Security Washington County Historic Districts 71 Rural Village Completed Other Gapland Garrett's Mill Greensburg Highfield July 1999 Huyett Indian Springs Jugtown Kemps Lappans Leitersburg Nov 2002 National Register Mapleville Maugansville Within UGA* Mercersville Middleburg Mt. Aetna Mt. Briar Mt. Lena March 2009 Pecktonville Pen Mar July 1999 Pinesburg Pondsville Reid Ringgold July 2001 Rohrersville need date Sandy Hook July 2001 St. James (Lydia) Tilghmanton July 1999 Trego-Rohrersville Station Williamsport Station Yarrowsburg *Rural Villages within the Urban Growth Areas are not subject to HDC review. Major public investment by the County in public facilities and services to encourage substantial new development should not be made in Rural Villages. Priority should be given to correcting existing public health and safety problems that result from failing septic systems or contaminated wells. It is anticipated that a Rural Village Zoning District classifi- cation coinciding with the designated Rural Villages located in the Guidelines for Historic Preservation 72 ister of Historic Places and is designated a local Historic Presentation District. The Keedy House, circa 1776, on Barnes Road near Boonsboro is on the National Register of Historic Places and is designat- ed a local Historic Preservation District. Rural Area will be implemented through the Zoning Ordinance. Residential develop- ment density for a Rural Village classification is anticipated to be in the one dwelling unit per acre range unless specific environmen- tal problems have been identified or where existing public facilities can permit a higher density. Development should be limited to infill development in accordance with the defined boundaries for the Rural Village. Additional regulations addressing _rural considerations are anticipated to insure new development compatibility with existing development. No new Rural Villages are being recommended at this time. Historical Preservation ZoneProperties The purpose of the Historic Preservation District is to pro- vide a mechanism for the protection, enhancement and perpetu- ation of those significant historic structures, sites and districts as defined in Section 20.7 in Washington County, that have historical, architectural, archeological and cultural merit. The "HP" district is an overlay zone meant to enhance, not substitute, for the existing zoning designation which regulates land use. Districts established to reflect elements of the cultural, social, economic, political or ar- chitectural history are intended to: • Safeguard the heritage of Washington County as embodied and reflected in such structures, sites and districts Stabilize and improve property values of such structures, sites and districts and in Washington County generally • Foster civic pride in the beauty and noble ac- complishments of the past • Strengthen the economy of the County • Promote the preservation and appreciation of historic structures, sites and districts for the edu- cation, and welfare of the residents of Washing- ton County. Washington County Historic Districts 73 Historic group asks tax cuts for preservation ar AtsaLo a.PuroV OWPnWY1xPh41mkpwenaidvlVWYyyIM caca' athat mwxm axe ha, nde PYaMmnikn b d4w1 11ewk iced hvs—,,I 'hWWtaco kpreurvl0[bLb[I°udwku WrO p,euMp aadd MIwIPN NdmNm at the pmpexr Ii Ii AU1mI0 i1+Uk1. pmr4<rmOnlbnt "WI'n Irybq l0 maNW° ad. MI 'hat tlmn't Iwo pr�ue lun[dl4 ala meam.la,h WY(ENbrkaad pw pacyarfpr pvperllrv. 'lice Watt. Y rytbaItca<wleG nvleroih de Wlwyedlnnal a esuY/m[N kgb We pl yr IIOIry Mecalabha St. HNI=rM dalrLLl Ctmmltatca ha. rlvM1Mlhe fOml CmnmlfabAn Me flat aY{M,lee lad tents act is ume rtpONWp' ant an e[Nnau°lOr l ar4 e=rhlbxluril prcmrvalNx Iv IM mw y Tic, ea amm4alm, the easel romMativnen w'dd mateW Mil ePtlfm. a e g,,,mlenala�Mmixn/'emend. w.elne Y='' b Ace, IAIx61Aal la Mng11let that lr act a [pxplale wrung a WMvr11Y tlttbelr PmW"IY In A41wk ald4kY. "YW're lvah b[gYvy"uye camatehhaayct. mmmlvbmrI aN va vtl vvlhe {rap0+al will aleterybk Anrly Mar IT In to mvlbevw. Mm ma prOpelY U seepW, Ib.Oxru vwld Fare l0 deptnvn'1°Iwm ma pnmt aea'AlItt4xal lade.. Appllmllwt lO en <OmmluMtWlrmm YamuN Prvel. •A0114mx14'I'm gan{IOpvm,PrYpv1Y .Al gepxi,l p[OPMIa NIG M'.m1Y va �ImM bLWtiv +ttY[e lAe pprvv+l 0/he,FlalerM Rm IVMOY helYre r=IIv8. M1eMn derYY{I^[14 wUldeaulrvtlx;e. aulWanlLny dan;aap;erly VOv41M IM lxapub&hntiv{befa'e Ne wkrkmmnWlOn made e aM IFOY'{e 80Nt b tlaR1 me br Il' VYue N ( Iv r+:a11 fd mat UWL Pre4rreYM.Ivurhun.IFe LVOaxmrryvealW Ihe+mdd. 11IMhd, M YlYwfeRry +nPablFelvkrlOr.Iruact Ib dMaby ¶I+I °ttWen =Ovk be algalM 101he mwV =daID°Mpla story pan,1Y 6x1 ad patmx'ag I, pgerlT xaU prnerrin[ L m + tH atkysalyammmt,lm'[ecaan aNnallame m advplc x ha pecan a %e 0111 tmoleMdovecacalmmmpes Ia a,taal. cam a a aaa v)} hi amwWlM tapes I. pre[enl 11 tat. AI[Wrl= aaa4. arlen ma mllneem had FMO tt,aaatevery a lar4." mnpw np maapvell'a6mar, 'YAA°apmM,al.mn,e'vha e tO ca use a talc pra 9hem ve ml aA,ryW)Ilau eew. arias theta as ccc, Omtr01k+6Eep,khLgu,lrxard VMrts,la,, ,,, to Oxmn Imm wxllllnpy GMaging Ito ddpttk value N vats, mcY apnnvm 0larvaxa4Wlal4a'+me llme,Guyt, ate IA+IM, lb mule ank a marl W.W.pl' ccdan it, xOh cch a W,I,IXOanduvl+MMry ha., II h,tad my lA,ago.6lv[e da�ll F+a rludlM prmervalke ma In tied val4 arts, Itn; hM,armelke, +M Mbxdls4dmmM [arvNubv vwld act lmwhhlYrk eldWa m=mhra lvb en lawdaaawldhll=MvmuLmma b%days lot tall, Morning Herald, May 4, 1977 The HUG pre - When the Zoning Ordinance was adopted in 1973 it con- sented the idea of Historic Tax Credits to the tained a Historic Preservation zone. Although it was applied to over County Commissioners. The tax credit or - 500 acres of land area, that text was unable to provide any signifi- dinance was not approved by the County Commissioners until July 1990. cant guidance or protection for privately owned historic sites. Wash- ington County at least considered a new Ordinance for preservation of historic structures in 1977. A draft of thefl Ordinance remains as well as a record of at least one hearing. It was not adopted. The 1981 Comprehensive Plan Commissioners kill idea contained recommendations to develop a , a.. voluntary zoning designation that would ,15torle protection. nosedives my bRxom S. Party , bell, ,, On mmr er Ih. Aemae pey,q Iv IG Mm eOmm4,Ms, 6160 rtm,maa Arcane erepru<M Nda6 .e0xla [e me mV prvpenr Or.m bM.61 ,14i, se rnrwmnvne m=eehPvorg le protect, enhance and perpetuate those (tr,,Marna e,, Cac„mm.Ya "em COmxmaka,aat. St hal tail ew^ka bhv re,mraroPnr (tsar vWaa eY it,, Camq Cgmmlvlmrn Tam. @ is scatty , pprk,, mlulvur Oe,ttY. Ilurser nia to km„a dn, dry. _ ImnM lAe apk Tu<Nry. blA lvWa lq erht avm, p,am'albn kx. structures and areas in Washington Coun— TAemmml„W,,,,.. Mb aM9RacNlwb) at team Rtaa110+Mha,,a, mIddeltA.Oxxw ra.atn NN,, ata{e Pm elernlana mmmwlmer eM 6°xxe{le aaev�r ax n41mk rblewaP.pp Irrm'nel<egabemra dea=nMa 4e[e1m Ilrnnn dw I Pruem,Nn mwae. um m. mvmrMxm �'vmnrualeimvmmtn.tbuwuadYelMnnvla { arr IY, a ,w taint axing eIM'pad4h u, Nwrr pWPlbn pga,MrAcan re aalmN tar me mm cal a pmpnr rm. xbno<rlh,rpu<." WmaYulabe vnaLelm ty which are of historic, architectural, ar— al: Mhcmarikliv pm=mmLL Pp,v,d br We(a11AneFnexm-,wl lm mw N' d .trwu aPP,remp'Inn xlm re n•. ••`-•. _•.•. .._ Nwtlrlm e.p:e:rM Ay nmu, rnm lne o,°m,w mlxm m[m,nm a a In pmlmm(wlmle w=p,• p theological or cultural merit. The County pa. batr do 4 .t, M„aim 4A lle wn erne lml,Ytn eka„pm4^x°i eem�� vrmpi ne e,maaam.ona hn b.,M nn,tm m. minge rowxemr ven Inn, pmpmn m Amenc aN. rrgMnn accomplished that goal in 1986 by adopt- ;epoaaa:'gaituc,ahadtotnr acth[ta iayetp etth,ta, .nWurM amr4l ,wmnlWmhle,. dacol iP lneai. v,w ,l ing a completely new text for the Historic IkcaN°'l^.a.Y=mm. meamr TM, nwnd an a,w',envr°Inum tsas fbMr tlama[e tame blllvri[vTmer,ppnnn[eat sash 6vi. Nvtiven. nefilY Preservation District with corresponding amxll,Mwm 6YdlMidmmepwxrolax. + k, xOp�v, a+, 4atm(d Ay a pev4len dal t IJ IAa bbaa�l Ilm'N ua gv,mvr:.x On(uu Warix ea a,mm mrxml.8 mxaxnlim mx¢ `eert, map amendments. It replaced the original Ilof„�., malnd,a dal de ah;w,aMm At nr6e, and ineffective 1973 version. The text fol- lowed the Comprehensive Plan guidelines by being voluntary and includes provisions for review of building permit applications with an eye toward keeping changes to the exterior of buildings in the zone consistent with the historic appearance. New construction in the zone is also subject to plan review and compliance with design standards. The text created a Historic District Commission with specific responsibilities for administra- tion of permit review within the zone. At the time of its adoption it was consistent with existing State legislation that delegated the authority for Historic Preserva- tion zoning to counties, Section 8 of Article 66B. Since then Article aetab had October 26, 1977. Washing- ton County just wasn't ready. Guidelines for Historic Preservation 74 Sharpsburg, The Antietam OverlayAO districts exclude the city of Sharpsburg 66B has been revised and there is a need to revise the County's Historic Preservation zoning to incorporate those changes. At the present time there are forty- _. 1C�' m'; , . three sites in Washington County with• " ` '° the Historic Preservation zoning overlay. Nineteen are privately owned and almost all of those are residential properties. A ' - L' small handful of properties were added I�I61 � �,��ii voluntarily at the owner's request after the zone guidelines were amended and pro- • vided with significant protective author- ity Another 18 are bridges, the majority being stone arch bridges in government ownership. The remaining 6 sites are also publicly owned and of a park or open space nature such as the C & 0 Canal, Washington Monument and the like. AntietamOverlay The purpose of the Antietam Overlay District is to provide mechanisms for the protection of significant historic structures and land areas by requiring development and land subdivision to occur in a manner that • Preserves the existing quality of the viewshed of the Anti- etam Battlefield, and • Ensures that development of certain lands adjacent to the major roads which provide public access to the An- tietam Battlefield (i.e., Maryland Routes 34 and 65) is compatible with the agricultural and historic character of the area. The "AO" District is an overlay zone meant to enhance, not substitute for the existing underlying zoning designation which regulates land use. The Antietam Overlay District is comprised of three sub - districts: The Battlefield Buffer (AO -1), the Approach Zones (AO - 2), and the Red Hill Area (AO -3). Lands zoned AO -1 (Battlefield Buffer) and AO -3 (Red Hill Area) are situated within the Battle- field Foreground and Red Hill Middleground, respectively, of the Antietam Viewshed, as determined by the National Park Service Washington County Historic Districts Map 56 Data Sources: U. S. Census Bureau MD Office of Planning MD State Highway Administration Washington County Planning Dept k: This map 4 prepared far the isle purpose of mustraWg the Cumpa Mm Nu It should not to used for other puspoxs Inrommtbnshosmon this map was compost from causes orsghaalmains usated sodt+ J° sugar to dw:ge as source data dmnges. e\posq\eom.\mvalaynpr NKea Euclidian Zones Overlay Zones AO1 AO2 AO3 Areas zone acres sq. mi. AO -1 3,504 5.47 AO -2 925 1.45 AO -3 536 .84 Comprehensive Plan for Washington County, Maryland 2002 4 Prepared by the 05 1 Mlles Washington County Planning Department 4-23-21 Geographic Information System 76 Red Hill from the Antietam Battlefield.. A viewshed worth preserving. Rockland, circa 1800, is located on the Sharpsburg Pike. It is eligible for, but at present not on, the National Register of Historic Places, and documented in its April 1988 techni- cal study entitled Analysis of the Visible Landscape: Antietam. The boundaries of the AO -1 and AO -3 zones conform to property boundaries except where man- made or natural features provide suitable boundaries. Lands zoned AO -2 (Approach Zones) are situated within 1000 feet of the centerline of certain road segments, and do not necessarily conform to property boundaries. The length of the AO -2 (Ap- proach Zones) are as shown on the zoning maps. Scenic view sheds and vistas of Red Hill from the Antietam Battlefield are protected in part by the Antietam Overlay Zones identified in the County Zoning Ordinance. Roadway approach zones along highways near the Battlefield are also mapped in the Ordinance. In these areas, a proposed activity that requires a build- ing permit is subject to review of the Historic District Commission of Washington County. In 1989 Washington County created a zoning designation known as the Antietam Overlay zone, similar in effect, intent and mechanics to the Historic Preservation zone. The zone was created in response to the perception that the southern portion of Washing- ton County and especially the area around Sharpsburg and the An - :field was in imminent rampant development. a Overlay text and map were adopted in 1989 -d density reduction ef- :ted. \ntietam Overlay has egories tied to distinct areas with different protection. The AO -1 known as the Battle - :one, which includes all irivate lands within the Washington County Historic Districts 77 legislative boundary of the Antietam National Battlefield, over 3500 acres. Permits for construction of new residen- tial, commercial or industrial uses must be reviewed by the Historic District Commission using the same design guidelines employed in the Historic Preservation zone to insure compatibility with the historic appearance of the area. The AO -2 zone, also known as the Approach Zone, requires the same construction permit review for non-residential construction. These "approach" zones are designed to present an appropriate appearance to visitors arriving in the historic battlefield area via several major highways. They radiate from the edge of the AO -1 zone along major highway routes that provide access to the area. They extend 1000' on either side of the highway. The final portion of the trilogy is the AO -3 or Red Hill zone. It is intended to regulate and limit the removal of tree cover on Red Hill, which provides the background for views from a significant portion of the Battlefield park. It is designed to retain as much for- est coverage as possible when development occurs. It is meant to enhance the visitor's experience at Antietam by providing a histori- cally correct viewshed. Together, the three Antietam Overlay zoning designations cover over 4,000 acres of 190 south central Washington County. Of the hundreds of existing dwelling units in the AO -1 and AO -2 zones, 35 are currently identified in existing inventory materials. Two are listed in the National Register of Historic Places [need a map of the three zones]. National Register of Historic. Places Properties The National Register of Historic Places is the official list of the Nation's cultural resources worthy of preservation. The deter- mination is a cooperative process that includes nomination by own- ers or other interested parties and a multi step evaluation against national standards including experts and National, State and local government officials and substantial opportunity for public input. In Maryland, listing results in multiple benefits that assist in pre- serving historic resources such as: • Recognition that a property is of significance to the Nation, as an impressive example of a type of rural summer residence that reflects the eclectic melding of several distinctive architectural styles popular in the early 20th century. In particular, the styles represented by this building include the Craftsman/Bungalow, American Foursquare, the Late Victorian Queen Anne, and Colonial Revival styles. Built c. 1906 as a summer "cottage" by a wealthy urbanite from Baltimore, the natural stone and cedar shingle construction blends well into the mountain landscape Guidelines for Historic Preservation 78 e State or the Community. Consideration in the Planning for Federal, derally or state funded, licensed and assisted Eligibility for federal and Maryland tax ben - Consideration in the decision to issue sur- ce coal mining permits. Eligibility to apply for federal and state •ants and low interest loans National Register listing can govern the treatment of a structure, insuring com- patible rehabilitation and design of new addi- tions through the use of nationally and pro- fessionally accepted Secretary of the Interiors Standards for Rehabilitation when those changes are financed or require permits from federal or state agencies. Contrary to popular belief the National Register does not regulate land use or provide the ultimate protection against inappropriate changes or demolition of historic sites when private funds are used. In addition to the prestige of formal acknowledgment that a site bears significance in American history, architecture, archeol- ogy, engineering and culture, the Register is a tool to assist federal and state agencies in using taxpayer funds wisely. Listing creates a mechanism to insure that federal and state governments do not spend public resources in ways that negatively impact historic re- sources that have value to or benefits for the general public. Listing carries no County land use regulations. Washington County's first listings in the National Register 79 of Historic Places occurred in 1966 when the Antietam National Bat- tlefield and the C&O Canal were entered. The most recent listings of the private property known as Hills, Dales and the Vineyard and a histor- ic district within the town of Funk- stown in 2000 brings the County's National Register listings to a total of eighty-four. Nineteen of the Nation- al Register sites are within the City of Hagerstown and six of those are multiple property districts. Also in- cluded in the total is one site each in the municipalities of Boonsboro and Sharpsburg. Washington County and its Historic District Com- mission is now an official participant in the nomination and review process by virtue of its Certified Local Government responsibili- ties and privileges. (see appendix for listing of current Washington County National Register of Historic Places Properties.) Contributing structures identified within a incorporated towns on the National Register of Historic Places are eligible for tax credits without having to apply individually. These structures were identified during the application process. Determination of whether a specific structure is identified as "contributing" or "non- contributing" may be found on the original application. A copy of the structure determination may be found at each town hall or from the National Register of Historic Places. Williamsport is an incorprated town listed on the National Register of Historic Places. The historic structures identified as contributing structures are eligible for Federal, State, and Local tax credits. Guidelines for Historic Preservation 80 Fur "! • ( 4 In September of 1776, Washington County officially became the first county in the newly declared United States of America to be named for the Commander -in -Chief, General George Wash- ington. Although many town Listed on the National Register Subject to Review? Hagerstown City Park Historic Dis- trict July, 5, 1990 Yes - Hagerstown Preservation Commission Hagerstown City Historic District February 2, 1994 Yes - Hagerstown Preservation Commission Hagerstown Commercial Core His- toric District January, 17, 1983 Yes - Hagerstown Preservation Commission Oak Hill District September 18, 1987 Yes - Hagerstown Preservation Commission Potomac —Broadway Historic District December 12, 1990 Yes - Hagerstown Preservation Commission South Prospect Street District October 1, 1979 Yes - Hagerstown Preservation Commission Town of Boonsboro December 23, 2005 No Town of Clear Spring Eligible Town of Funkstown, circa 1769 September 8, 2000 No Town of Hancock Eligible Town of Keedysville October 26, 2001 No Town of Sharpsburg, 1739 December 24, 2008 No Town of Smithsburg Eligible Town of Williamsport , 1767 October 26, 2001 . No Washington County Historic Districts BOARD OF APPEALS Appeal No: AP2012-008 WASHINGTON COUNTY, MARYLAND Parcel No: 01421019100000 �J Zoning: RURAL VILLAGE Filed: 03/02/2012 Hearing: Location of Property: 25440 HIGHFIELD ROAD CA Description of Appeal: VARIANCE FROM MINIMUM 8 -FT RIGHT SIDE YARD SETBACK TO 2 -FT FOR THE CONSTRUCTION OF A POLE BUILDING Property Owner: BROWN ROBERT E 25440 HIGHFIELD RD CASCADE, MD 21719 Phone Number: 301-988-4828 Appellant: BROWN ROBERT E 25440 HIGHFIELD ROAD CASCADE, MD 21719 Phone Number: Appellant's present legal interest in above property: Owner: Y Lessee: Contract to Rent/Lease: Contract to Purchase: Other: Previous Petition/Appeal Docket No(s): Applicable Ordinance Sections: SECTION 5D3 (a) Reason for Hardship: TOPOGRAPHY If Appeal of Ruling, Date of Ruling...: Ruling Official/Agency.......................: Existing Use: DETACHED GARAGE Proposed Use: LARGER POLE BUILDING Previous Use Ceased For At Least 6 Months? Date Ceased: Area Devoted to Non -Conforming Use - Existing: Proposed: I hereby affirm that all of the statements and Information contained i. or filed with this appeal are true and correct. Signature of App Ilant(s) Sworn to and subscribed before me th1sJ2Vk± day of j 1 f 7_ ,LA My Commission Expires: Jlz Notar Public rte" �7 M4 L d � S O L 3