[MassHistPres] Penalty for Alterations without a Certificate fromhistoric

Roger Reed roger_reed at town.brookline.ma.us
Wed Dec 20 07:23:39 EST 2006


To clarify the fence example below, that $300.00 per day for each day of
violation.  It took that to get his attention.

Dennis De Witt <djdewitt at rcn.com> on Tuesday, December 19, 2006 at 4:42 PM
+0000 wrote:
>Not in the same class of issues but Brookline required the removal of  
>a fancy plastic fence which was build w/o permit (fences require  
>permits here).  The owner was a person not accustomed to be thwarted  
>and it took time and the threat of $300 fines.
>
>Dennis De Witt
>
>
>On Dec 19, 2006, at 2:38 PM, Chris Skelly wrote:
>
>> 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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