Decision delayed on demolition of historic Troy home

A Troy Planning Commission vote to delay a decision on a controversial proposal to demolish a historic district house followed questioning about lack of public comment allowed under city meeting procedures approved for the COVID-19 pandemic.

“I am very concerned this is not the appropriate format,” commission member N. Lawrence Wolke told fellow commissioners during the May 13 discussion on a request by the First United Methodist Church to demolish an 1880s house along South Cherry Street, south of the church.

The church bought the house at 126 S. Cherry St. in 2013 as part of a long-range plan of acquiring property surrounding its main church building to the north for future expansion of facilities or programs, the church trustees wrote in a letter to the city development department.

The commission’s meeting was held through the Zoom teleconferencing site with participation limited to commission members and city staff. Under procedures approved by city council in March for conducting public meetings during the COVID19 period, anyone wanting to comment on topics must submit comments in writing before the meeting.

For the May 13 meeting, commission members received more than 70 pages of letters, emails and supporting documents, along a 150-page staff report.

The rules set for virtual meetings by council and all city commissions/boards state “there would be no public input during meetings but instead we would advertise and accept written correspondence from interested parties. That is why you have 200 pages worth of documentation,” said Patrick Titterington, the city’s service and safety director.

“This is not a vehicle where they can be present personally to ask questions. It gives me a concern,” said commission member Sandra Ehrlich.

“It goes back to the times we are in,” Titterington said. “Council has the same concerns. In terms of best practice and guidance from above, it is not practical or possible to conduct the public part of this ... No, it’s not perfect but that is what we have to work under.”

Troy lawyer William J. McGraw III represents the residential property owner to the south of 126 S. Cherry St. He and owner Evanthia Owen submitted information and photos to the commission and McGraw expressed written concern over how the meeting would be conducted. Afterward, he wrote, “I think the indefinite postponement should last until we are able to personally meet in the same room and all members of the public given an opportunity to speak.”

The rules “cast a chilling effect over the public’s free speech rights,” McGraw said.

One person was allowed to join the discussion, church representative Bobby Phillips, who also is a member of the Troy City Council. Titterington said Phillips had to limit his participation to answering questions from the commission.

The commission discussed the applications and pros and cons of demolition before voting 4-3 to approve a motion to delay indefinitely its decision. Wolke said both sides had valid information to present and the current format doesn’t allow it.

Titterington said a delay would leave the church “hanging.”

Commission Chairman Alan Kappers said he thought the commission had information it needed to decide. “We have to follow our guts,” he said, adding a decision at any time “is a very tough call.”

Commission member Jim McGarry said he didn’t see harm to the church, which brought the proposal to the city months ago, to delay a vote.

He along with Wolke, Mayor Robin Oda and Ehrlich voted to delay the vote while Titterington, Kappers and Ed Westmeyer voted against a delay.

The church’s initial plans were to rent it, with future plans to demolish or renovate for use in programs. Later, an assessment by the Ohio Department of Health found lead paint inside and the church notified it couldn’t rent the property or use it as a preschool until the lead was abated. Advertising for use as a commercial space did not result in any tenants, the church said in the letter.

Demolition was proposed after the church determined costs to repair and abate issues was “beyond the church’s financial means,” the trustees wrote.

Several of those opposing demolition argued the church failed to maintain the property and approval of demolition would set a bad precedent for the historic district.

Contact this contributing writer at nancykburr@aol. com.