[MassHistPres] Penalty for Alterations without a Certificate fromhistoric district commission

Chris Skelly Skelly-MHC at comcast.net
Tue Dec 19 14:38:04 EST 2006


Hi Betty, Historic District Commissions, after reviewing a retroactive
application for a certificate, can conclude that the change was
inappropriate and require the alteration to be removed or replaced.  

I'm not sure if anyone has responded to your question with specific
examples from Massachusetts.  If you have received some, I'd be
interested in seeing them.   

I believe the South Dennis Historic District Commission required the
removal of a new roof after it was found inappropriate.  I recall
Edgartown HDC also requiring vinyl siding removal.  Perhaps someone else
on the list can elaborate  Chris..

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of
Dcolebslade at aol.com
Sent: Sunday, December 17, 2006 4:12 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Penalty for Alterations without a Certificate
fromhistoric district commission

Can a historic district commission require an owner who has altered a  
building without a Certificate in the historic district to "return the
building to 
its original configuration" on the basis alone that it was done
illegally?  
What if the alterations have been done in such a way  that the changes
are 
potentially worthy of a Certificate?   Have any commissions done that?  
 
 
 
Can this return to its original configuration be a specific  "penalty"
that 
would be announced in the Guidelines?  That is, is there  anything in
Chapter 
40C that would prevent this penalty?  The purpose of  this "penalty"
would be 
deterrence to others.
 
 
 
Thank you.
 
Betty Slade
Westport
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