City Council votes to give business owner time to comply with the HRB guidelines

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Sept. 22, 2020 — After nearly an hour and a half of testimony and discussion, the Bardstown City Council voted unanimously to allow a Bardstown businessman time to change a pizza oven exhaust system he installed without the approval of the Historic Review Board.

Last year, Ron May, owner of Bullitt’s Winery and Bistro, 124 North Third St., installed a exhaust system at the business that exited the rear and went up the side of the building without going through the HRB process.

According to Historic Review Board Director RaShae Jennings, her office issued a Notice of Violation to May on Dec. 6, 2019 due to the improper installation of the ventilation system.

According to Mayor Dick Heaton, May ignored the HRB’s notice of violation for the past eight months. Finally, in late August, May filed an application for a Certificate of Appropriateness from the HRB to keep the vent system as installed.

May told the council he had invested substantial money in the building, and that he felt that approval of the building modifications by the local building inspector would trump the need for an approval from the Historic Review Board.

Heaton explained to May that businesses that locate in the city’s historic district all have to have exterior changes approved by the HRB.

“That’s not how it works,” Heaton said of May’s decision to ignore the HRB. “Its an ordinance and a process you have to go through. It’s negligence on your part.”

Jennings told the council that for years, the HRB has required restaurants in the historic district to route their exhaust venting inside the building and exit on the roof. May’s improper use of an external exhaust system has already prompted other business owners to check on moving their internal systems outside — like May’s business has in place.

May argued that the changes to his business — including the exterior exhaust system — had the approval of the building inspector, and the HRB approval wasn’t necessary.

Councilman Bill Sheckles told May that in his opinion, the council should vote to deny his application based on the evidence, but added that the council wants new businesses to open in downtown. He called on May to consider working with the HRB to come up with a solution that will allow his business to operate and still operate within the bounds of the long-standing historic review board guidelines.

Those guidelines aren’t locally created, Heaton explained, but are adopted from the U.S. Department of the Interior. The HRB guidelines encourage the reuse of historic buildings while maintaining their historic integrity.

Councilman Joe Buckman echoed Sheckles sentiments, expressing a desire for May to open his business, but doing so playing by the rules.

After hearing from other members of the council and the audience, the council voted unanimously to approve May’s existing exhaust ductwork with two conditions:

• May has 90 days to develop a plan to replace the exterior exhaust ductwork with a suitable internal exhaust system; and
• After approval of that plan, May has six months to replace the exterior exhaust system with an interior one that meets the HRB guidelines.

CERTIFICATES OF APPROPRIATENESS. The council approved the following reccomendations from the Historic Review Board:

COA 20-112. Annette Beavers, applicant / owner. Approval to expand the driveway at 215 S. Fifth St.

COA 20-122. Cindy Mouser, applicant / owner. Approval to installe landscaping at 208 E. Stephen Foster Ave.

COA 20-123. Jacob Hall, applicant / owner. Approval to installed landscaping at 209 W. Flaget.

COA 20-124. Fred and Pat Hagan, applicants / owners. Approval to add a front porch step with a handrail.

COX 20-98. Summer Arlinghaus, applicant / owner. Approval to install landscaping at 110 S. First St.

COA 20-126. Summer Arlinghaus, applicant, Bourbon Capital Brewing, owner. Approval to install landscaping at 112 W. Flaget Ave.

COA 20-127. Summer Arlilnghaus, applicant, Bourbon Capital Brewing, owner. Approval to install outdoor seating at 112 W. Flaget Ave.

COA 20-128. Bill and Sabra Mattingly, applicants / owners. Approval to install sidewalk at 107 W. Muir.

COA 20-129. Bill and Sabra Mattingly, applicants / owners. Approval to install shutters at 107 W. Muir.

COA 20-130. Bill and Sabra Mattingly, applicants / owners. Approval to add flower boxes at 107 W. Muir.

COA 20-131. Chris Simpson, applicant / owner, approval to install storm windows at 114 E. Brashear Ave.

COA 20-132. Chris Simpson, applicant / owner. Approval to replace four windows at 114 E. Brashear Ave.

COA 20-133. Chris Simpson, applicant / owner. Approval to rebuild the porch at 114 E. Brashear Ave.

COA 20-134. Chris Simpson, applicant / owner. Approval to add a new garage door at 114 E. Brashear Ave.

COA 20-135. Bullitt’s Winery and Bistro, Ron May, applicant / owner. Approval to keep installed speakers.

NEXT UP. The council’s next regular meeting is 6 p.m. Tuesday, Oct. 13, 2020.

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