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Council overturns ARB decision on 5 Grove Avenue, finds property non‑contributing and remands window approvals to ARB

Williamsburg City Council · December 12, 2024
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Summary

After a public hearing and applicant testimony, council found that alterations (vinyl siding, changed roofline and window replacements) justify reclassifying 5 Grove Avenue from 'contributing' to 'non‑contributing' under the new design guidelines and remanded the question of replacement windows back to the Architectural Review Board for review of appropriately qualified windows.

Williamsburg City Council reviewed an appeal of the Architectural Review Board's decision to deny a request to change the contributing status of 5 Grove Avenue and to allow replacement of original wood windows with vinyl. Planning staff (Miss Griffin) summarized the ARB's findings: the property retains original wood siding beneath vinyl, three original wood windows remain, and ARB concluded the structure still met contributing criteria for the AP‑3 district, so the applicant's request to install vinyl windows was denied under the city's design review guidelines.

Owner representative Fred Lumb, a resident at 5 Grove Avenue with professional experience in historic archaeology, told council he had submitted a 2022 survey that concluded the house was not eligible for the National Register and argued the ARB decision was in error. Lumb said the property's alterations — vinyl siding and a raised back roof creating a 1½‑story profile — and prior vinyl window installations supported reclassification.

Council questioned staff on the meaning of 'eligible' at federal, state and local levels and on how the city's new contributing/non‑contributing designations were applied. Several council members noted the property's limited public visibility, the expense of restoration, and the presence of prior vinyl work on the front facade. After deliberation, council moved to find the property not a contributing structure and remanded the matter to the ARB for review of replacement windows that meet ARB standards. The council recorded affirmative votes on the motion.

Council and staff clarified that if the property is declared non‑contributing, the owner may return to ARB with windows that meet the AP‑3 district's standards for vinyl windows; otherwise the ARB's guidelines for contributing structures would require restoration or replica wood windows.