Board approves COA for unpermitted addition at 115 Penmoken Park with conditions

The Lexington Board of Architecture Review on April 16 approved a certificate of appropriateness (COA) for a recently constructed rear addition at 115 Penmoken Park, contingent on a set of conditions intended to bring the work closer to the city’s H‑1 historic‑district design guidelines.

Board action followed staff testimony that the 12‑by‑20‑foot addition had been erected without prior permits or a COA and that the structure’s form and roofline did not meet guidance requiring additions to be stepped back from the principal building. Staff recommended denial, but the board voted to approve the application after hearing a range of explanations and proposals for mitigation.

The board’s action matters because the project was constructed before historic review and contains elements—long continuous rooflines and flush exterior walls—that normally would not be approved. Members said they were persuaded to exercise discretion in this one case because the applicant was allegedly misled by a contractor and because the property owner has begun working with staff to make corrections.

Barry (staff member, Historic Preservation) told the board the addition’s concrete‑block foundation and vinyl replacement windows had already been installed without permits and that the addition created a 64‑foot run of roofline in effect visually merging old and new. He said staff had met with the designer and contractor and that revised drawings had been submitted that attempted to address some issues but still left key guideline conflicts.

Paul Gomeniak, appearing as a representative for the property owner, said the owner had acted in good faith and had since sought to come into compliance. John Rockaway, a neighbor who identified himself as the property owner’s father, said the unpermitted work had changed the feel of the adjacent yard and urged deconstruction.

After deliberation the board approved the COA with conditions that require the owner to do the following before final signoff: change the addition siding to vertical cementitious board; replace the installed vinyl windows with guideline‑compliant wood windows of the same sizes; provide a stepped roof break by reducing a portion of roof slope from 6:12 to 3:12; add cementitious pilasters at the addition’s four corners; install the proposed bay window on the west elevation; construct a rear exit and stoop; and submit specifications and details for bringing an existing enclosed front porch into compliance. The approval also included the board’s two standard conditions requiring that any further changes be resubmitted to staff and that related permits and reviews be coordinated across city divisions.

Board members noted in the record that the design guidelines use “should” rather than “shall” for several provisions—language the board interpreted as allowing a limited exercise of discretion in this unusual case. The board also recorded that the owner had been misled by a contractor and that the owner is elderly and has taken steps to work with staff to correct the work.

The motion to approve was made and seconded at the hearing and passed on a voice vote; one board member announced an abstention during the tally.

The board told the applicant the COA is intended to resolve the code and historic‑review status of the addition but cautioned that this decision is narrowly tailored to the specific facts of 115 Penmoken Park and should not be read as broad precedent for unpermitted construction in the H‑1 overlay.

Next steps: the applicant must submit the specified drawings and product details for staff review and receive any required building permits. Staff said it will verify the window and siding specifications and confirm the front‑porch revisions before final signoff.