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RECEIVED ON NOTICE OF APPEAL DEPARTMENT OF ‘COMMUNITY DEVELOPMENT To: David Stromberg Zoning Administrator of the Town of Herndon Please take notice that the undersigned, being an aggrieved person with a property interest in land across the street from property which was the subject of a final decision of the Herndon Preservation Review Board (HPRB) on June 18, 2018, approving Certificates of Appropriateness (COA’s) for New Construction (HPRB#18-17), and for demolition of existing buildings (HPRB#18- 15 & HPRB#18-16), pursuant to Herndon Code Section 78.60.3.(g)(7)a., hereby appeals to the Herndon Town Council from those approvals by the HPRB on the following grounds: 1, The action of the HPRB in approving the COA for the New Construction on the lands which are the subject of HPRB#18-17, was premature and in violation of Herndon Code Sec. 78- 60.3.(g)(3)(a), since the site plan for the development is only under review and has not received approval. 2. The action of the HPRB in approving COA’s for the demolition of buildings at 750 Center Street and 770 Elden Street (HPRB#18-15 & #18-16) was premature in that they are part of the Notice of Appeal July 2,2018 Tage2 same development as HPRB#18-17 and therefore should abide the final action on that site plan, and also because the HPRB was not presented with sufficient evidence by the applicant to enable i: to consider the factors set forth in Herndon Code Sec. 78-60.3.(0}(4){i) and Gj). 3. The presentation to the HPRB was made by officials of the Town of Herndon, which is the owner of the property, and which has a vested interest in the development, so that the presentation was biased. Moreover, this is buttressed by the fact that the Mayor and Town Council, along with staff of the Town of Herndon, met with the members of the HPBR on February 12, 2018, apparently in closed session (for which the video recording is unavailable), so that the Mayor could “clarify expectations” of the HPRB in acting on the subject applications. At that meeting, the Director of Community Development apparently also advised that the HPRB’s formal approval would be at the end of the site plan stage. There is also reference in the minutes for that February 12, 2018, meeting to a “cheat sheet” for the boards that would help them easily identify adopted policy, and this is highly suggestive of undue influence on the HPRB, and an attempt to limit its power. Notice of Appeal July 2, 2018, Page 4. In arriving at its decision, ie., voting to approve the pre- prepared resolution that was handed to the HPRB by the Town Staff, the HPRB failed to consider the application in light of the requirements of the Herndon Heritage Preservation Handbook, and the standard set forth Herndon Code Sec. 78-60.3.()(2)a: “Whether or not the design will be architecturally compatible with the historic landmarks, buildings, and structures in the heritage preservation overlay district in terms of size, scale, color, material, and character.” The massing on the proposed development certainly does not appear compatible with the buildings and structures in the heritage preservation overly district. 5. The action of the HPRB [whose approval of the proposed development is required by Herndon Code Sec. 78-50.2.(b}] failed to follow the standards set out in Herndon Code Sec. 78-50.2 (Standards for all planned development districts), in subsection (c), which include, but are not limited to, “(5) Compatible character. The proposed development is compatible with the character of the surrounding land uses; and (6) Enhance value. The proposed development is designed to maintain and enhance the value of surrounding properties.” Any suggestion by the staff or applicant