The depleted Wiscasset Historic Preservation Commission, down to three members since selectmen have yet to reappoint John Reinhardt and James Kochan, is in a fight for its existence, Albert Gordon Kontrath, acting chair, said Thursday, July 6.

The commission has been asked for a letter outlining why the Historic Preservation Ordinance should continue to exist in its current form. A letter to the commission has asked it to hold a joint public hearing with the Ordinance Review Committee and the Planning Board prior to Aug. 8, when selectmen will consider changes to the ordinance, according to commission member Susan Blagden.

The letter, which was sent to the ORC as well, directed the ORC to identify the best way to do away with the ordinance. The letter was in response to a select board vote on May 2 to begin the process of repealing the ordinance.

The ordinance was put in place by town meeting vote two years ago, and the commission got underway months later. Since then, the commission has heard dozens of requests for certificates of appropriateness for changes to properties in the historic district.  In the last two meetings, the commission has dealt with requests for new construction in the two districts covered by the ordinance – Village One, which encompasses the downtown area, and Village Two, which covers areas adjacent to downtown. Most property in Wiscasset is not covered by the ordinance.

The commission has been active in the attempt to get the Maine Department of Transportation to apply for a certificate of appropriateness for work planned in the downtown area as part of MDOT’s traffic and public safety project. It is not known if selectmen will request that MDOT apply for the certificate when the final plan is approved.

According to commission members, the only possible meeting where the ORC and the planning board could hold a joint public hearing with the commission prior to Aug. 8 is on July 24; however, public notice is required at least 12 days in advance. At this point, it could not be posted in the newspaper in time.

It is not known if the three bodies will ask selectmen for more time. No one is sure whom to ask, since the chair of the select board is away, as is the town manager; and the town planner, who would have coordinated much of the work, including getting public notices out on time, is no longer on the payroll following the June town meeting vote.

It is also not clear if the commission will still have a quorum for future meetings. Kontrath, who is acting as chair, was appointed to be an alternate. He stepped up permanently when Richard Thompson died in the spring, but no additional alternate was appointed to replace him. When Reinhardt and Kochan did not receive reappointments, the board was down to three members, which constitute a quorum. However, secretary Wendy Donovan said she has other demands on her time during the summer, and may not be able to attend all the meetings. Blagden said she would be out of town for at least one of the scheduled meetings, and the commission rescheduled the meeting for the following week.

Three certificates were approved July 6, including the one for the site at Lee Street and Bath Road, being purchased by Richard and Karen Azzoli. The Azzolis had done a site visit with Kontrath and the builder to determine if there was a seasonal wetland on the property. The Azzolis also reviewed the deed for reference to rights-of-way with respect to a driveway on the property, but said there was nothing in the deed that mentioned rights-of-way at all. The neighbors maintain that the rights-of-way are longstanding. In response to a question by Reinhardt, who owns the property next door, Richard Azzoli said he would not expect the rights-of-way to be maintained, since the setback requirement for the house would push the building too close to Route One. Kontrath said the right-of-way issues are not the commission’s purview.

The commission also had questions about the Azzolis’ plan to use vinyl clapboard siding, with Kontrath stating he would prefer vinyl shingle, but Azzoli said the cost would be prohibitive, and he had already made modifications to his design that would cost additional money to make the building look like some of the other houses on the road. “Labor would be three times what it costs to put on clapboard siding,” he said. His builder, Scot Jalbert, agreed.

The application for the certificate was approved unanimously. Kontrath strongly urged the Azzolis to speak with the planning board regarding the rights-of-way issue.

The second certificate was an amended application for 62 Water Street, where structural problems arose that required a new support system for the roof, which required that the elevation of the building be increased and other changes made that affected the application approved last fall. The property, owned by James Sullivan and Anhi Sallaway, will also have a screened-in porch, replacing the current, glassed-in porch, and hardy board siding. The application was approved unanimously.

Richard Forrest of 14 Warren Street requested approval of a picket fence with plastic deer-netting behind it and garage lights similar to the ones on his house. He also asked approval for a metal gate and a garage decoration in the shape of a compass. His application was also approved.

The commission’s next meeting is Aug. 10 at 5:30 p.m., but the commission plans to meet for a work session at 5:30 p.m. July 20 to work on its report to the ORC, Planning Board and Select Board. Both are open to the public. The date for the public hearing involving the commission, planning board and ORC has yet to be set.