Monday, April 1, 2013

Establishing the Historic District Commission

200 Block Middle St. Early 1980s
In the 1960’s and 1970’s, significant residential and commercial structures in the downtown area were demolished, many were in a deteriorated state and the original facades of many buildings were covered with aluminum and other materials in an attempt to modernize them.

300 Block Middle St. Early 1980s
With the establishment of the Historic Preservation Foundation in 1972, (today known as the New Bern Preservation Foundation), a private nonprofit whose focus was/is preserving historic residential properties, and Swiss Bear in 1979, with a focus on restoring the downtown, the area was beginning to experience an active revitalization effort.  Preserving the City’s unique and historic architecture was a major priority.  
In the late 1970’s, as a revitalization strategy, local preservation groups nominated a 20 block downtown area for listing on the National Register of Historic Places. In 1980, the historic district was expanded to include three areas overlooked in the original district including Trent Court, considered an example of high quality public housing, to act as a buffer zone around Tryon Palace.   
300 Block Middle Street 2000s
National Register District’s, basically honorary designations, are not protected by design controls. The one tangible advantage enables owners of commercial and income producing property to claim tax benefits; however, those who chose not to can simply obtain building permits and renovate their building in whatever fashion they chose.
In February 1980, spurred on by Swiss Bear and the Historic Preservation Foundation, the City Planning Department looked into the feasibility of establishing a local Historic District Commission (HDC), authorized by state statute and enacted by local ordinance that would place design controls on the rehab of exterior buildings, new construction, and delay demolition within the historic district.
 On February 28, with the support of David Rowland, City Planner and the Tryon Palace Commission, a public forum held in the Tryon Palace Auditorium included presentations by Robert Stallings Jr., President, New Bern Historical Society; Newsom Williams, President, Historic Preservation Foundation; David Henderson, Chairman, Swiss Bear Architectural Committee; and Dr. Larry Tise, head of NC Archives and History. They all expressed the need to establish a historic district commission with design regulations for any rehabilitation or new construction within the Historic District.
The great show of interest led to the Board of Aldermen appointing a nine member Commission: Boyd Meyers, Chairman, Peter Sandbeck, Newsom Williams, Charles Francis, Martha Smith, Janet Latham, Carrie Miller, Ray Houghton and Eliza Dudley. Their charge: develop an ordinance, guidelines, and application process with the Planning Department providing support and overall coordination.  
It was controversial from the start.
To nudge, or sledge hammer to preservation, was the title of an August 16, 1980 Sun Journal article by Catherine Landis who covered the contentious public meeting at which many people spoke. David Henderson advised the Commission to specify which guidelines are mandatory and which are just suggestions. “You have to be consistent” he said, “should can never be enforced”.  Commission Chairman, Boyd Meyers said,”when you get to texture, color, mass, you can’t get specific. Let’s keep it general enough so it will help everyone in the community”. Henderson replied “you’re going to get yourself in a hole if you don’t have something enforceable”.  Dr. Ray Houghton, Commission Vice-Chairman said”we’re not trying to strangle people or keep someone from doing something. I’d prefer to nudge people, not hit them with a sledge hammer”.
In the November 18, 1980 Sun Journal  article by Lee Landis, New Bern Historic District praised, panned at hearing,  reporting on the recent public hearing at the Board of Aldermen meeting…the near capacity audience, most of who supported the ordinance appeared at the meeting. The issue as both the advocates and opponents of the ordinance saw it was more government regulation. But those favoring the ordinance said it was necessary to preserve the historic integrity of the city. Those opposing the ordinance said they objected to being considered an “irresponsible minority”. At the urging of former Alderman Ben Hurst, audience members stood up. Hurst said he observed, “90% of the audience favored the ordinance”.
At the conclusion of the public hearing, the Board of Aldermen adopted the ordinance and the Commission’s guidelines. Effective January 1, 1981, a certificate of appropriateness (CA) had to be obtained from the Historic District Commission (HDC), (now Historic Preservation Commission - HPC) prior to any exterior alteration, relocation, new construction or demolition of a building.
A year later, the HDC decided the guidelines needed to be revised. As reported in a May 22, 1982 Sun Journal article, Historic Ordinance may be revised… the consensus of the HPC members was “we should go with our gut reactions (on applications) and stop being so worried about being so diplomatic”. Another commissioner noted “two years ago downtown New Bern was dying and I did not feel like imposing any requirements on people that might impede the restoration of the historic area. Now, with revitalization firmly underway, the circumstances were different and with our experience we can see some of the problems people are having with us and we are having with them and make changes”.
From the onset, the power of the HPC has been a controversial and complex issue and the focus of many bitter arguments, editorials and letters to the editor. Proponents credit the district controls with protecting areas of historic significance, helping chart future growth and stimulating new investment. Opponents contend the historic districts are elitist, often arbitrarily administered by commissioners who abuse their power and are not qualified to pass judgment on what are frequently complex, subjective decisions.
Whatever your opinion, generally speaking, when the design controls were put in place, Swiss Bear, preservationists, developers and investors saw promoting good design within the context of historic preservation as part of a comprehensive approach to stimulate residential and downtown revitalization efforts.
Middle Street Today
A historic district that looked beaten, bruised and neglected in 1980 is now a healthy vital district with new and rehabilitated structures that give New Bern its distinctive “sense of place”.
Susan Moffat Thomas, Executive Director

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