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Commission issues notice to proceed for Dyer patio; requires screening for hot tub within six months

5779749 · September 12, 2025
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Summary

After an acknowledgement of an ex post facto patio and hot tub installation, the Landmarks Preservation Commission granted a notice to proceed for the stamped‑concrete patio and approved the hot tub on the condition that new landscaping be installed to screen the tub within six months.

The Landmarks Preservation Commission voted to grant a notice to proceed for an ex post facto stamped‑concrete patio at 206 McLaughlin Avenue and to allow the adjacent hot tub to remain, provided the owners install substantial landscaping to screen the hot tub from public view within six months.

Staff presented background: the patio and hot tub had been installed without prior LPC review; the commission had asked for a fuller site plan and materials information at the February meeting. The revised application shows a 24 by 20 foot stamped concrete patio laid in an "Old English slate" pattern (color: "cold light"). Staff noted that stamped concrete is not the first‑choice material in the historic district but is sometimes allowed on a case‑by‑case basis, particularly when visibility from the public right‑of‑way is limited.

Owners Julie and Patrick Dyer told the commission they did not intend to bypass the process, apologized for the oversight and said the patio location is far back from the street and set down below grade. They said many neighbors expressed no objection in person and that they intend to plant a screen of evergreen trees (they mentioned Emerald Green arborvitae) to conceal the hot tub. The Dyers said the choice of stamped concrete was driven by cost and the materialasimilarity to stone in appearance.

Commissioners discussed visibility, precedent, and mitigation. Several commissioners said they prefer natural materials but recognized the patio is substantially set back and not easily visible from the street. The commission also discussed whether screening should be a condition and whether the hot tub should be moved; owners said backyard space was limited and the current placement was the least intrusive.

Commissioner Lily Mandra moved to issue a notice to proceed for the patio and to approve the hot tub on the condition that the owners install substantial evergreen screening to conceal the hot tub from Division Avenue and the front street within six months; Commissioner John Coleman seconded. In the ensuing roll call the motion carried with eight votes in favor and two opposed.

Staff said the typical code timeline for remedying a code violation is six months; the commission directed staff to follow up and close out the code notice after verification that screening has been planted and established. The owners said they will work with staff on appropriate planting specifications.