Nolensville Historic Zoning Commission
November 29, 2018 – 7:00 p.m.
Commissioners Present: Jeanne Boutilier, Tommy Dugger, Betty Friedlander, Joshua Hughes
Commissioners Absent: Charles Beauregard
Staff Members Present: Planner Sarah Sitterle, Kali Mogul, Counsel Notestine
Citizens Present: 28
1. CALL MEETING TO ORDER
The meeting was called to order at 7:06 p.m. by Chairman Joshua Hughes.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chairman Hughes.
3. APPROVAL OF MINUTES
Commissioner Tommy Dugger moved to approve the minutes from the meeting on October 25, 2018, seconded by Commissioner Boutilier and passed unanimously.
4. CITIZEN COMMENTS
Mr. Greg Bruss of 825 Branchside Trail and the incoming vice president of the Historical Society also represented the Heritage Foundation. Mr. Bruss read a letter from Bari Beasley requesting deferral of the certificate of appropriateness on the agenda, so the Heritage Foundation can work to find another option for the historic home. The preferred option is to subdivide the property so that the house can stay in its current location. A secondary option would be to move the historic home to a location in the Historic District of Nolensville. Mr. Bruss said the Historical Society supports the opinions in Ms. Beasley’s letter.
Ms. Trish Payne of 7049 Nolen Park Circle is the HOA president for Nolen Park. She said the home at 7186 Nolensville Road has not been taken care of, and she was unaware of its listing on the historic register until Mr. Malakouti, developer of the Hillside Center, requested to demolish it earlier in the year. She wondered why no one purchased, maintained or refurbished the home prior to Mr. Malakouti’s purchase of it. The occupants who most recently lived there did not take care of the home but rather allowed it to deteriorate. The neighbors in Nolen Park see the home as an eyesore, and the overwhelming majority want it moved.
Ms. Beth Lothers of 304 Walpole Court also applauded Ms. Winiecki for her interest in the historic home. Ms. Lothers requested a deferral of the decision on the certificate of appropriateness for moving the home. She passed out some photos and information on the property in question 7186 Nolensville Road.
Ms. Jane Coleman Cottone of 3312-A Elkins Avenue in Nashville is with the Tennessee Historical Commission. She will be presenting information during other business but offered her time to do research that might help the Board make a decision should the project be deferred.
5. NEW BUSINESS
A) Certificate of Appropriateness: Proposed relocation of existing home at 7186 Nolensville Road.
Town Planner Sarah Sitterle gave a brief background of the proposal. Commissioner Tommy Dugger said he would recuse himself from the vote but would like to remain part of the discussion. The Board did not object, and Counsel Notestine confirmed the Commission has allowed that in the past.
The applicant’s attorney George Dean stated that the applicant is opposed to a deferral because he appeared before the Historic Zoning Commission nine months ago. The community expressed a desire at that time to come together and move the home, but that hasn’t happened. Now there is an individual who is prepared to relocate the structure, so the applicant would like a decision at this time. Mr. Dean also stated that according to the State of Tennessee, the Historic Zoning Commission does not have jurisdiction since the home is not in the Historic District. There is a conflict between the Town’s Zoning Ordinance and the Tennessee Statutes. The Town only has jurisdiction over structures in the Historic District. Dean urged the Commission to allow the applicant to move the structure and at least keep it intact. Otherwise, Mr. Malakouti would have the right to demolish the structure.
Counsel Notestine said the Town’s ordinance may conflict with the state statute, but he needed to research case law a bit further, since the State of Tennessee was the guiding authority in writing the zoning ordinance. Notestine said that if the Commission decides to defer, the applicant could test the decision in court.
Commissioner Dugger pointed out an additional discrepancy regarding the duties and descriptions of the Historic Zoning Commission.
Chairman Hughes called Ms. Heather Winiecki of 926 Hickory Hills in Franklin to the lectern. She stated she was overwhelmed by the love for the historic home. She said she was willing to support the best decision for the structure.
Chairman Hughes said he was not confident the house would survive if it stayed in its current location. If Nolensville Road is ever expanded by TDOT, the structure would surely be impacted. However, he said he was not opposed to postponing the decision for another month. Commissioner Boutilier suggested a deferral. Mr. Malakouti of 1511 Sunset Road, owner of the property, indicated that his commercial development is still under construction. He is willing to situate the cranes and other heavy equipment on his site to remove the house while construction takes place. Once the parking lot and driveway are poured, he will not be willing to park heavy equipment there.
Commissioner Boutilier moved to defer a decision on the certificate of appropriateness until January, seconded by Chairman Hughes. The vote was 3 – 0 with Commissioner Dugger recusing himself.
6. OLD BUSINESS
Commissioner Dugger asked about the status of The Tanner House and the Coca-Cola sign on the side of Glitz by Rae.
Ms. Jane Coleman Cottone from Tennessee Historical Commission again offered her assistance with the case on the agenda. Ms. Cottone presented information on historic preservation and the national register of historic places. She reviewed the criteria for being listed on the register and what the designation means. The presentation detailed components of and eligibility to become a Certified Local Government (CLG). CLG is similar to a certification of the Historic Zoning Commission and serves as a path to preservation through partnerships with Federal, state and local governments. There are various grants available to CLGs. Following the presentation, there was a discussion about various aspects of the program and implications on zoning.
The Commission agreed to convene the first week in January in a special meeting to consider the certificate of appropriateness for relocating the structure. Commissioner Dugger suggested prior to the BOMA meeting on January 3, 2019. The meeting date and time will be confirmed by e-mail.
Chairman Hughes moved to adjourn the meeting at 8:11 p.m., seconded by Commissioner Boutilier, and approved unanimously.