[MassHistPres] [WW Spam: medium] Re: Penalty for Alterations without a Certificatefromhistoric district commission

[Stowell, Stephen]

In 1999, I happened to catch vinyl siding being installed on a triple-decker type building on the edge of our Downtown Lowell Historic District.  Did one of those "double-takes" as it was at dusk after a Board meeting on my way home...confirmed the reality of the situation the next morning.

We proceeded to issue a cease and desist order and had Building Dept. do the same.  Owner applied to Historic Board to continue work, public hearing was held, and application was denied.  Any vinyl that had been installed was ordered removed and building was subsequently painted.

This was the public hearing notification wording for the meeting:

"A ca. 1905 wood frame, three story residential building.  Application for an Historic Permit for installation of vinyl siding and to legalize the installation of vinyl siding that was installed without Historic Board approval."

---------
Preserve America Community

National Trust for Historic Preservation, National Preservation Honor Award

National Trust for Historic Preservation Distinctive Destination Community

Stephen Stowell
Administrator
Lowell Historic Board
JFK Civic Center
50 Arcand Drive
Lowell, MA  01852
(978) 970-4270/970-4262 fax
Sstowell at ci.lowell.ma.us
www.historiclowell.net



-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu]On Behalf Of Chris Skelly
Sent: Tuesday, December 19, 2006 2:38 PM
To: masshistpres at cs.umb.edu
Subject: [WW Spam: medium] Re: [MassHistPres] Penalty for Alterations
without a Certificatefromhistoric district commission


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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For administrative questions regarding this list, please contact Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE WHOLE LIST.  
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