HISTORIC PRESERVATION REVIEW BOARD

STAFF REPORT AND RECOMMENDATION

Property Address: Landmark/District:	6811, 6825, 6829, and 6833 Piney Branch Road NW and 635 Aspen Street, NW Takoma Park Historic District	X	Agenda Consent Calendar
Meeting Date: H.P.A. Number: Staff Reviewer:	January 18, 2007 07-066 Anne Brockett	X	Concept Review Alteration New Construction

The staff seeks the Board’s approval of a revised permit for the windows installed at the Takoma Park Baptist Church Education Building at 635 Aspen Street NW as part of a larger settlement for a lawsuit brought against the Historic Preservation Office by Takoma Park residents Faith Wheeler and Sara Green.

In July 2006, the HPO staff signed off on a permit application to replace the windows at the Education Building with the stipulation that the replacement windows “replicate [the] existing exactly – sashes and frames.” In November 2006, the HPO staff signed off on four permit applications to replace the windows at 6811, 6825, 6829, and 6833 Piney Branch Road, NW for rental houses also owned by the Church. The replacement windows for both the Education Building and houses were to be fibrex, a wood composite product manufactured by Renewal by Andersen. Following the regulations for Expedited Review under Delegation to the Staff in Title 10A, chap. 3, sec. 309 of the DC Municipal Regulations, the staff approved the windows as consistent with the Act and with previously approved window replacements in this and other historic districts. The Department of Consumer and Regulatory Affairs then issued the permits.

In December 2006, Faith Wheeler and Sara Green filed a civil action in D.C. Superior Court against the HPO, the Department of Consumer and Regulatory Affairs, David Maloney, and Patrick Canavan. The suit alleged that the permits were issued in violation of historic preservation law and sought a temporary restraining order that, in effect, would direct the District to revoke the permits until the matter could be fully heard. It also sought a preliminary and permanent injunction that would have required the District to revoke the permits.

Through negotiations among the Church, Historic Takoma, Inc., the Church’s window contractor, the plaintiffs, and the DC Government, an agreement was reached. Under that agreement, the Church will retain 26 designated windows on the four houses and the HPO will not take enforcement action against the church for the window replacement on its Education Building at 635 Aspen Street, NW.

The work has been completed at the Education Building but does not meet the specific terms of the permit. The large, splayed mullions of the original windows have been removed and the window and frame dimensions altered. The building dates to 1956, which is outside the period of significance for the Takoma Park Historic District (1883-1940) and is considered non-contributing. However, the splayed mullions were an important part of the building’s architecture and helped relate the Education Building to the style of the contributing sanctuary, as well as to the scale and context of the historic district. On 12/1/06, the staff initiated conversations with the Church’s window contractor on how to bring the windows into compliance with the permit.

The Board’s window standards state that “For replacement windows in a non-contributing building within an historic district, a permit shall be issued if the windows are appropriate for the building and compatible with the historic district.” While the mullions have been lost and the frame dimensions somewhat altered, the windows retain their original opening sizes, operability, and general character. Given that this building is considered non-contributing and the windows that were installed are considered generally compatible and appropriate for this building, the staff can terminate enforcement proceedings at the Board’s direction.

The discussion of the Education Building has been rolled into the window negotiations on all church-owned properties. The HPO believes that the terms of the settlement are acceptable. No further permits are necessary, since a permit is not required for in-kind window repair and permits exist for the replacement of the remaining windows.

The staff recommends that the Board approve the existing windows as installed on the Education Building in the context of the settlement agreement and direct the staff to take no enforcement action on the Education Building windows.