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HRB denies Newcomb demolition request; city council to make final decision

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RaShae Jennings, the city’s preservation coordinator, holds a photo of the East Stephen Foster streetscape if the Dobbs house is demolished as requested by Newcomb Oil Co. Mayor John Royalty, right, holds a photo of the existing streetscape.

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Wednesday, Dec. 21, 2016, 5 p.m. — The request by Newcomb Oil Co. to tear down the house it owns next to its Five Star Food Mart at Second and East Stephen Foster Avenue will go before the Bardstown City Council — as soon as next Tuesday night — for a final vote.

At the Historic Review Board’s meeting Tuesday night, the board considered the additional documentation Newcomb Oil gave to the city council in its appeal hearing on Dec. 6, 2016.

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Newcomb Oil Co. owns this home at 118 East Stephen Foster. The company wants to tear the home down to make room for a new Five Star Food Mart. The home’s footprint would be used for underground tanks.

In September, the HRB denied Newcomb’s initial application to tear down the home — known locally as the “Dobbs house.” The denial was based on the company’s lack of data to support the economic hardship claim.

But when Newcomb appealed the HRB’s decision before the city council on Dec. 6, the company provided additional financial data to support its economic hardship claim.

Councilman Fred Hagan suggested sending the matter back before the HRB in order to give that board a chance to give the new data proper consideration. The council agreed, voting unanimously to hand the matter back to the HRB.

Tuesday’s denial by the HRB was again based on insufficient proof of economic hardship.

PRESERVE & REUSE VS. DEMOLISH & REPLACE. Tearing down a home in the city’s historic district is difficult — by design. In the boundaries of the city’s historic district, the emphasis is on keeping old buildings in use, and finding new uses for them instead of tearing them down and building new ones.

And because the entire historic district is also registered with the National Register of Historic Places, the HRB is required to follow preservation guidelines set by the U.S. Department of the Interior and the National Park Service.

Earlier this month, RaShae Jennings, the city’s preservation director, explained that the home Newcomb Oil wants to demolish is considered a contributing structure  in the historic district. While it isn’t as old as other homes in the district, the home represents the story of the evolution of Bardstown’s downtown over time, she explained.

The city’s historic district dates back to 1966. The district was first registered with the National Register in 1983. The district was expanded in 2010 to bring in additional properties, and these were also added to the National Register.

UP OR DOWN VOTE. The council’s consideration of the HRB action will be to either affirm or overturn its decision; no additional testimony or evidence will be presented.

At the Dec. 6 council hearing, HRB chairman Pen Bogert said it was his opinion that Newcomb Oil failed to prove economic hardship, even when considering the additional data.

“What’s missing is bona fide intent [Newcomb Oil] tried to find a use, a buyer or person to lease the property,” he said.

“If you overrule this denial by the HRB, you take a huge step backwards and set a dangerous precedent to allow demolition based on limited evidence of a usable historic building in order to allow commercial expansion.”

The council will consider the HRB’s recommendation at its meeting Tuesday, Dec. 27, 2016, in the council chambers in the city hall annex on the east side of the rec center. Meetings are open to the public.

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