State says to hold off on Eastmoreland historic listing

State office announced the recommendation to the National Park Service on Monday

Residents in the Eastmoreland neighborhood are split over whether it should become a historic district, October 21, 2016. (KOIN)

PORTLAND, Ore. (PORTLAND TRIBUNE) — Citing foggy federal rules and needing more guidance on homeownership definitions, the State Historic Preservation Office has recommended that the National Park Service not list the Eastmoreland neighborhood on the National Register of Historic Places, at least for now.

Officials say they don’t have confidence that the number of homeowners within the proposed historic district area is accurate. It is important to have the accurate number in Eastmoreland’s case since the number of those opposed is closely reaching the needed 50 percent plus one to officially halt the process.

The recommendation follows a lawsuit filed against the state office just last week by Eastmoreland resident Tom Brown, which says that the state agency would be violating neighborhood residents’ rights under the Oregon Administrative Procedures Act and questions SHPO’s authority to run the entire program.

Residents in the Eastmoreland neighborhood are split over whether it should become a historic district, October 21, 2016. (KOIN)

“(The lawsuit is) a separate issue that will have to be resolved separately. This is just a procedural problem that we’ve got to deal with,” says Ian Johnson, historian at SHPO who’s been working on the nomination.

The state office announced the recommendation to the National Park Service on Monday afternoon in a press release, advising the national agency to halt the process “due to an unresolved problem defining the number of owners in the proposed district boundary.”

The issue of whether or not to designate the affluent southeast neighborhood as a historic district has been a long and contentious one, as the neighborhood association board pushed forward with the application despite a majority of the neighborhood voting by mail to oppose the nomination.

Those in favor of the district nomination hope to preserve green space, keep out unwanted density and infill by developers and demolishing of homes.

Those opposed don’t want the restrictions to home alterations that would come with a listing on the National Register. Some also believe that the neighborhood board has acted inappropriately during the process, especially when it did not stop the nomination when a majority of residents voted opposed to the designation in the mailer poll. One resident, David Simon, also filed a grievance against the neighborhood association through the city’s Office of Neighborhood Involvement, but the office found that nothing prevents a neighborhood association board from pursuing a historic district designation.

The only way to stop a National Register application is to get a majority of homeowners to sign a notarized objection. However, SHPO was unable to discern the most accurate number of homeowners, which is important in knowing whether or not more than half of its homeowners have objected.

In February, when the State Advisory Committee on Historic Preservation suggested moving forward with the application, county tax records reflected 2,600 homeowners within the proposed historic district.

But officials say state and federal rules don’t clearly answer how to resolve issues of things like deceased owners and trusts.

The number dropped from 2,600 to 2,074 homeowners when officials looked more closely at specific homeownership situations.

According to SHPO, as of May 12, 925 people had objected. That was out of a needed about 1,023, according to Patrick Cummings, a member of Keep Eastmoreland Free. The group has been working to stop the process for months.

Cummings, a self-described “spreadsheet geek” had been keeping track of the objections and number of homeowners himself.

He said he would frequently have to tell the state office they were wrong.

“I think that this process was designed for small neighborhoods where a group of coherent people could get together and decide to move forward with a process,” Cummings says. “Say like, 100 homes. When you have a huge neighborhood like Eastmoreland … it became contentious and people were looking closely. SHPO just doesn’t have the ability to look at a contentious process like this.”

Chris Havel, spokesman for Oregon Parks and Recreation Department, which houses SHPO, says that this particular case “because it’s so close, that’s what’s exposing the softness in the rules.”

There have been other neighborhoods that have gone through the process — such as Irvington and Buckman — but usually the tilt one way or the other in terms of favorability is much clearer and “it doesn’t matter as much. Here, it’s so close that you have to really know down to the single person, that, do we have the count right?” he said. “In this case where there’s almost no margin for error, you have to really be careful with it.”

Staff didn’t expect the “weirder permutations of ownership.”

Going forward, the office wants more guidance.

“We’re expecting guidance from the National Park Service, and then we’ll make sure whatever we’re asked to do, or guidance we receive lines up with all of our local laws and we’ll come up with a process going forward, and we’ll resolve it,” says Ian Johnson, historian with SHPO who has been working on the application.

They can’t speak to what the National Park Service will decide — and they have 45 days to review, although state officials hope it will be sooner — but, Johnson says, “it’s our distinct responsibility to come up with that owner list and check to certify it.

“I can’t speak to what they’re going to do, but I’d expect them to take our statement seriously.”

Robert McCullough, president of the Southeast Uplift neighborhood coalition, treasurer of the Eastmoreland Neighborhood Association and known vocal proponent of the district thinks that Brown’s lawsuit is a tactic by those opposed to the district, and that SHPO’s announcement might just be a bump in the road.

“I don’t know whether it’s significant or not. It’s certainly surprising. This is a lot of money they’re spending instead of simply going ahead in a normal fashion,” he says. “This doesn’t make me want to surrender. We will determine what the board is going to do but I don’t think dirty tricks are going to win the day.”

Cummings wants a new neighborhood board.

“The neighborhood needs to come together and remove the current board of directors and elect a new slate of directors who are interested in listening to the neighborhood rather than lecturing them,” he said.