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Milton historical commission passes on paint palette

Committee says measure would be unenforceable
December 19, 2019

Milton’s Historic Preservation Commission says there is no need for a palette of approved paint colors for Milton’s historic district.

The commission unanimously rejected the idea of a paint scheme noting it is borderline unenforceable and is not not required the National Register of Historic Districts, which Milton’s historic district is part of. The National Register of Historic Districts is a subsection of the National Register of Historic Places. 

Milton Town Council passed a resolution in November asking the commission for an advisory opinion on an exterior paint palette. 

At the commission’s Dec. 10 meeting, Project Coordinator John Collier, who will ultimately craft the report for council, said in his research, he found other related examples ill-defined and not suited to Milton. He said he was able to find examples of paint palettes for certain architectural styles, but Milton’s historic district includes many styles. Individual homes have borrowed elements from different styles or have done so with additions through the years, Collier said, making it difficult to define what style of paint would work on an individual home. 

Collier said Milton has to follow national standards for rehabilitation of homes in the historic district - which encompasses the area from Broad Street to Front Street - and no color is included in those standards.

“To institute a color palette, in my mind, is contrary to what we’re charged with as a Historic Preservation Commission,” he said.

The commission readily agreed with Collier’s assessment. Commission member Diane Hake said there are examples of other towns - she did not name specifics - that have been sued for instituting color palettes and have lost. 

“If the customer has the resources to sue the town, we would lose,” Hake said. 

Commission member Lee Revis-Plank said other Delaware historic districts similar to Milton, such as Lewes, do not have guidelines for paint colors. New Castle does have a color palette for its historic district but only for front doors.

Commission member PD Comenisch said, “I don’t think an ordinance or a law or any kind of ruling as pertaining to color would be enforceable. In that respect, I don’t think we should set precedent.” 

While council could, in theory, bypass the commission’s opinion and pass a paint palette anyway, Collier said that would be difficult for them to do without a supermajority of votes, and the measure would still have to be debated by planning and zoning commission. Collier did not have a timetable on when his report would be delivered to council.

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