[MassHistPres] Penalities for alterations without a Certificate or a building permit

Dcolebslade at aol.com Dcolebslade at aol.com
Mon Dec 11 20:16:30 EST 2006


A property owner has flagrantly altered a boathouse bordering the  river, a 
public way in a historic district.  He changed all the windows and  big barn 
doors, substituted a window for a door, put windows  (lights) above the big barn 
door, did structural work, etc.  He  started on a Friday afternoon, 
interesting enough.  On Saturday he was  noticed by a HCD member who informed him he 
was acting illegally and should  stop.  He continued replacing all the rest of 
the windows and putting up  new doors.  He threw all the old windows and other 
materials into a  dumpster which he had removed today.  All these activities 
are  documented.  On Sunday the Chair of the HCD served him a letter telling 
him  to stop and explaining the possible consequences.  The builder and his  
brother, the owner, stopped, but the owner and the  builder claimed "they were 
only doing maintenance"  and did not  need permits.  Today the building 
inspector came to the property and stated  he would send a letter requiring the owner 
to stop work but said that  the next step would be with the HCD. 
 
The question is:  Since the owner stopped work on the  boathouse after 
receiving the letter from the HCD, other than having him bring  his plan to a HCD 
meeting for approval or disapproval, what kind of penalty can  be imposed on 
him?  
 
One thought:  The owner has a certificate of appropriateness for major  work, 
including demolition, on the main house on the property, but has not  started 
work.  Can the HCD prevent him from beginning work on that house  until the 
existing violation on the boathouse is rectified?  Are there  any other 
suggestions or experiences you might relate?
 
Thank you.
Betty Slade
Westport



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