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Council delays decision on appeal of vinyl windows in historic Winchester home

Winchester City Council · July 9, 2024
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Summary

Council heard an appeal of the Board of Architectural Review denial for retroactive vinyl window installation at 134 Eastchester Street and agreed to continue the matter to Aug. 13 for required consultation with the BAR; staff outlined options including upholding the denial, reversing it, or approving a partial remedy.

At its July 9 meeting the Winchester City Council heard an appeal of a Board of Architectural Review decision that denied retroactive approval for vinyl windows and altered shutters at 134 Eastchester Street, a Queen Anne–style home built about 1870. Senior planner David Stewart told council the owner violated code by replacing more than 20 exterior windows and modifying shutter mounting without required BAR approval or a building permit. Stewart recommended council delay action until it holds the consultation with the BAR required by ordinance.

Paul Stewart, speaking on behalf of his daughter, Laura Phillips, described extensive interior repairs done after his daughter bought the long-abandoned house and said the window work was intended to improve livability. He said roughly 30 windows were replaced, that the installer (he identified Window World) apparently did not pull the required permit, and that Window World had indicated it wanted to propose remedial options. Stewart asked council to consider excluding less-visible rear elevations from enforcement or otherwise limit the homeowner’s liability.

Councilors pressed staff and the appellant on several points: whether the BAR has previously allowed PVC windows (staff said no approvals for PVC exist, though negotiated settlements have let some nonconforming windows remain on limited elevations), whether new homeowners are routinely notified of overlay restrictions (staff described periodic outreach and that historic-district street signs exist but no requirement compels a seller to disclose the overlay), and the process council must follow on appeal (council hears the appeal de novo but must consult the BAR per ordinance). Councilors also discussed cost and equitable options such as interior storm panels that preserve original windows.

Multiple councilors said they were reluctant to pre-judge the case before BAR consultation. Council asked staff to invite the BAR chair and other members to the Aug. 13 meeting or provide a written statement describing the board’s reasoning. No motion to reverse or uphold the BAR decision was made; the matter will return to council after the required BAR consultation on Aug. 13.

Next steps: council will hold the required consultation with the Board of Architectural Review and revisit the appeal on Aug. 13. If council later votes to reverse the BAR, that decision would be recorded as an appeal outcome.