Loretta Neumann 7124 Piney Branch Road NW, Washington DC 20012 202-882-9274 - LNeu@rcn.com November 21, 2008 Statement before the DC Council, Committee of the Whole On Bill 17-911, “Public Participation in Historic District Designation Act” Thank you for the opportunity to testify today in opposition to Bill 17-911. It would provide that if a majority of property owners in a proposed historic district object, the historic district would not be designated and could not be reconsidered for designation for 3 years thereafter. By way of background, I have lived in Takoma for nearly 35 years. During the late 1970s I was active in helping designate the Takoma Historic District. I served for 4 years as an Advisory Neighborhood Commissioner (4B02), was president of Neighbors Inc. and co-founder of Historic Takoma, Inc. More recently, I was for six years on the board of the DC Preservation League, and am currently a trustee of the Committee of 100 on the Federal City, a founding member of the board of the Alliance to Preserve the Civil War Defenses of Washington, and co-founder and president of the Takoma Theatre Conservancy. I also worked on historic preservation programs and legislation for the US House of Representatives for more than 14 years and worked for several years on a river conservation and historic preservation program with the White House Council on Environmental Quality. I have just a few major points to make today. (1) Public Interest in historic preservation. My personal and professional experiences have demonstrated again and again how important it is to save the historic fabric of our neighborhoods. This is what gives our older communities like Takoma the character and charm that draw people back to our city. It is as a much a part of the public interest as zoning, a factor long recognized by the US Supreme Court. (2) Need for legal protections. Historic places like Takoma can be ruined if there are no legal protections to safeguard them. Before the Takoma Historic District was designated, we lost many beautiful homes that were torn down by developers for apartments and parking lots. After the designation in 1980, we’ve still had changes in the area—including construction of new apartment buildings along Blair Road and Carroll Avenue—but under the protections of the DC preservation law, the design of them has been guided by the DC Historic Preservation Office and Historic Preservation Review Board, to assure compatibility with the historic qualities of the neighborhood. By including many properties within the designated area, rather than dealing with each of them individually, we can assure that the character and charm of a neighborhood remain intact. (3) Value of Historic Districts. It is hard to imagine now, but the most majestic home in our neighborhood, the Cady-Lee Mansion at the corner of Eastern Avenue and Piney Branch Road, was nearly torn down in the early 1970s. Indeed, several lovely homes next to it were demolished to build new, bland-looking apartments. The Cady Mansion, designed by Leon Dessez the architect of Admiralty House, now the official residence of the Vice President, was saved in 1974 only because it was listed as a National Landmark, through the efforts of neighborhood residents. Last year, the proposed demolition of the historic Takoma Theatre at 4th and Butternut was prevented because the Historic Preservation Review Board determined that it was a compatible building within our historic district. DC Council Hearing on Bill 17-911 November 21, 2008 2 (4) Historic Designations as Professional Decisions. As with zoning, the designation of historic districts is and should remain a thoughtful, deliberative process by public officials appointed for their experience and expertise. In this case, the historical and cultural values of a proposed historic district are of paramount importance. While public opinion should be sought to help inform the deliberations, these are not political campaigns or popularity contests. As with zoning cases and other land protection measures, property owners should have a chance to express their views but not a final vote to effectively veto the larger public interest. In the case of Takoma, great efforts were made to contact property owners and educate them on what the historic district would mean. Flyers were distributed house to house, public notice was given, and many meetings were held, including by the ANC (I was a commissioner at the time) in addition to the formal one by the HPRB. Most people favored the historic district, although, as usual, there were some who objected for personal reasons. (5) Benefits of Historic Districts to Property Owners. Today, residents take pride in our neighborhood and people seek to live in Takoma because it has an historic district. Many residents qualify for funding under the DC Historic Homeowners Grant Program that applies to 12 historic districts in the city including, thanks to our then-Council Member now Mayor Adrian Fenty, Takoma. Our local preservation organization, Historic Takoma, Inc., received a grant from the HPO to conduct historical studies in and around our historic district. Commercial property owners may also benefit from Federal Rehabilitation Tax Credits that are available for substantial rehabilitation of income-producing structures listed in the National Register of Historic Places either individually or as part of a historic district. (6) Coordination with Federal Law. I would just add that I’ve worked on many laws and regulations, both local and national. The best rule of thumb is that if it isn’t broken don’t try to fix it. You just create new problems. In this case, you could be opening the door for potential, unnecessary litigation as people on one side or the other use it to suit their own purposes. If, however, the bill proceeds despite these and other objections, I would strongly urge you to include a provision that would clearly couple the notice and commenting provisions with those required under the National Historic Preservation Act and its implementing regulations. This would at least avoid ambiguity in the requirements and prevent costly and unnecessary duplication of effort between the local and federal laws and regulations. In conclusion, I would simply stress that DC’s historic preservation law has withstood the test of time. Please don’t change it now. Thank you.