LAWRENCE HISTORIC RESOURCES COMMISSION

ITEM NO. 6: DR-01-05-06

STAFF REPORT

 

A.         SUMMARY

 

DR-01-05-06:            7th, 8th, 9th, 10th, 11th and Massachusetts Street; Communications Antennas; Certified Local Government Review and Certificate of Appropriateness Review.  Submitted by Lawrence Freenet for the property owner of record.  The property is located in Lawrence’s Downtown Historic District, National Register of Historic Places. The property is in the environs of the House Building (729-731 Massachusetts) and the Hannah Building (933 Massachusetts), Lawrence Register of Historic Places. The property is also located in the Downtown Conservation Overlay District.

 

B.         PROJECT DESCRIPTION

 

The applicant is requesting to install five antennas and associated electronic enclosures on the light poles located on the southwest corners of 7th, 8th, 9th, 10th, 11th and Massachusetts Street.

 

C.                 STANDARD FOR REVIEW

 

For Certified Local Government Review of projects that involve listed properties, the Historic Resources Commission has typically used the Secretary of Interior’s Standards to evaluate the proposed project.

 

 

Secretary of Interior’s Standards

 

The following standards apply to the proposed alterations:

 

  1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

 

  1. The historic character of a property shall be retained and preserved.  The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided.

 

  1. Each property shall be recognized as a physical record of its time, place and use.  Changes that create a false sense of historical development, such as asking conjectural features or architectural elements from other buildings, shall not be undertaken.

 

  1. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

 

  1. Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

 

  1. Deteriorated historic features shall be repaired rather than replaced.  Where the severity of deterioration requires replacement if a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials.  Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

 

  1. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property.  The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

 

Certificate of Appropriateness

 

In evaluating a request for a Certificate of Appropriateness, Section 22-505 indicates that the most stringent standard of evaluation is to be applied to properties that are designated landmarks.

 

(4)        The least stringent evaluation is applied to the environs area of a landmark or historic district.  There shall be a presumption that a certificate of appropriateness should be approved in this category unless the proposed construction or demolition would significantly encroach on, damage, or destroy the landmark or historic district. If the Commission denies a certificate of appropriateness in this category, and the owner(s) appeals to the City Commission, the burden to affirm the denial shall be upon the Commission, the City or other interested persons.

 

 

General Standards

 

For projects that require a Certificate of Appropriateness, the Historic Resources Commission is required to use the general standards and design criteria listed in the Conservation of Historic Resources Code, Chapter 22, of the City of Lawrence Code.

 

The following general standards apply to the proposed project:

 

(1)   Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, site or object and its environment, or to use a property for its originally intended purpose;

(2)   The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed.  The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible; 

(3)   All buildings, structures, and sites shall be recognized as products of their own time.  Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged;

(4)   Changes that may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.  These changes may have acquired significance in their own right, and this significance shall be recognized and respected;

(5)   Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity;

(6)   Deteriorated architectural features shall be repaired rather than replaced, wherever possible.  In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities.  Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;

(7)   The surface cleaning of structures shall be under­taken with the gentlest means possible.  Sandblasting and other cleaning methods that will damage the historic building material shall not be undertaken;

(8)   Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project;

(9)   Contemporary design for alterations and additions to existing properties  shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environs.  (Ord. 5950, Sec. 1)

 

In conducting Certificates of Appropriateness, the Commission has used a standard of review based on the designation of the property or its proximity to the designated property.

 

Downtown Design Guidelines

 

The City Commission and the Historic Resources Commission have adopted a set of Downtown

Design Guidelines (2001) to review projects within the Downtown Urban Conservation Overlay District.  There are no specific standards that address the addition of telecommunications antennas to the Downtown Urban Conservation Overlay District.

 

E.         STAFF ANALYSIS

Lawrence Freenet is proposing to install five antennas in Lawrence’s Downtown Historic District on the light poles located on the southwest corners of 7th, 8th, 9th, 10th, 11th and Massachusetts Street.  According to the Lawrence Freenet website,

 

Lawrence Freenet is a non-profit organization that has as its primary purpose the provision of free broadband internet access to Kansas Communities, as an alternative to traditional broadband ISPs. The organization was started in April of 2005 and has a goal of covering the entire Lawrence Kansas area by January 2006.

The construction of the Freenet network is a community project which makes extensive use of networking technologies developed by the Champaign-Urbana Community Wireless Network (CUWiN). These technologies were developed using a federal grant and are intended to make the deployment of projects like Lawrence Freenet simple and inexpensive. By taking advantage of these new technologies, Lawrence Freenet will be the first non-profit organization to deploy a network of this size without the support of a municipality.

The Freenet project fills four major needs of the Lawrence community:

Freenet provides internet access to those who could not otherwise afford a high-speed connection to the internet

Freenet refurbishes legacy equipment and installs it in homes that would otherwise have no computer

Freenet staff works one on one with troubled teens to provide constructive activities for them to participate in after school and on weekends

The Freenet captive portal provides a forum for community debate and a instrument for other non-profits to raise awareness of issues and activities

 

The applicant is proposing to place communications antenna and associated electrical boxes on five light poles in Lawrence’s Downtown Historic District.  The installations will make use of the existing light poles and electrical systems. Each antenna will be mounted on a steel frame approximately 24 inches from the top of the light pole while the 18” x 18” x 8” electrical box will be placed approximately 14 feet from street level.  (See attached drawings)  The applicant has chosen the placement on the poles for maximum benefit of the system while attempting to minimize the impact of the installation on the listed property. 

 

The Historic Resources Commission has approved the installation of communications antennas on the roofs of structures within the environs of listed properties.  These reviews found that while there may be a line of sight from the listed property, the antennas have minimal impact on the environs of the listed properties. In addition, the antennas can be removed in the future with no damage to the environs of the listed properties. 

 

Currently, there are no private communications antennas in the public right of way in the downtown area.  However, as changes in the use of structures and cultural areas occur, some alterations to the area are important to the overall viability of the area.  Alterations should require minimal change to the environment. The installation of the antenna and associated boxes will not destroy any significant historic material. Although the installation will alter the character of the district, they could be removed at a future date without impairing the essential form and integrity of the property, the environs, or the environs of other listed properties. 

 

Historically, “sky” lines (telegraph, electrical, telephone) were installed above ground in the public air space.  As additional companies and lines were needed, they were added because they were deemed important to the overall viability of the area.  Eventually, the number of lines became so intrusive to the area that they were often referred to as “black skies.” The majority of lines are now located underground in most downtown areas.

 

Staff has concerns about the proposed project because it will add additional non-historic visual clutter that may impact the overall character of the district. An installation at each intersection of the downtown area will create a visual pattern.  This pattern will grow in dominance if the applicant adds additional installations as proposed for total downtown coverage of the program.  In addition, Staff has concerns about the lack of guidelines for the installation of private communications equipment in the public right of way in Lawrence’s Downtown Historic District.  In the past, the HRC has requested that the City Commission defer issuance of license/permits/agreements until guidelines that protect the historic character of the downtown area can be developed.  While one installation of five antennas and associated electrical boxes may meet the intent of the Secretary of the Interior’s Guidelines, Chapter 22 of the Historic Resources Code of the City of Lawrence, and the Downtown Design Guidelines, multiple installations by different companies may dominate the overall character of the downtown air space and significantly damage the listed property. 

 

 

 

D.         STAFF RECOMMENDATION

 

Staff recommends the Commission defer action on the proposed project until such time as the City Commission establishes guidelines for the installation of communication equipment in the public right of way in the downtown area.  The Commission should communicate their concerns about this type of project to the City Commission.

 

If the Commission chooses to act on the proposed project, staff recommends the Commission approve, with the following conditions, the proposed project and make the determination that the proposed project does not encroach upon, damage or destroy listed historic properties and their environs in accordance with the Secretary of the Interior’s Standards, Chapter 22 the Historic Resources Code of the City of Lawrence, the standard of evaluation, and the Downtown Design Guidelines.

 

1.      This recommendation is given with the understanding that the City Commission must approve any associated permits, licenses or agreements.  Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated permits, licenses or agreements.  

 

2.      Any changes to the approved project will be submitted to the Historic                        Resources Commission prior to the commencement of any related work.