[MassHistPres] Stone Walls and Demo Delay

[Chris Skelly]

Jack, 

 

Removal of this wall would be exempt in probably most demolition delay
bylaws around the state.  Common language in demolition delay bylaws defines
the regulated building or structure as "any combination of materials forming
a shelter for persons, animals, or property."   So, a stone retaining wall
wouldn't be included.  Furthermore, most stone wall removal would not
require a building (demolition) permit anyway so inclusion in a demolition
delay bylaw wouldn't be useful.  However, an 8 foot high retaining wall may
be different.  

 

Since this wall isn't a typical New England stone wall, I imagine it isn't
in the public right of way.  All stone walls that are on private property
are exempt from the Scenic Roads Act.  

 

The most useful tool in this case would have been a local historic district
which could have protected the retaining wall and prevented its destruction.


 

There are certainly additional possibilities for crafting a bylaw to protect
historic resources.  You might want to look at the MHC publication,
Preservation through Bylaws and Ordinances.  

 

It is also a great idea to include structures such as this on MHC inventory
forms so that they can be properly identified, described and documented.
That can help educate and advocate locally and often makes a difference in
the outcome.  Chris.

Christopher C. Skelly 
Director of Local Government Programs 
Massachusetts Historical Commission 
220 Morrissey Boulevard, Boston, MA 02125 
Ph: (617) 727-8470 / Fax: (617) 727-5128 
Christopher.Skelly at state.ma.us 
 <http://www.sec.state.ma.us/mhc/mhcidx.htm>
http://www.sec.state.ma.us/mhc/mhcidx.htm 
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-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of jack mac donald
Sent: Thursday, December 10, 2009 6:26 PM
To: MassHistPres at cs.umb.edu
Subject: [MassHistPres] Stone Walls and Demo Delay

 

To Any Historic Stone Wall People,

 

A homeowner in historic Bourne Village demolished approximately 150 feet of
an 8 foot high cut and feather wedged granite retaining wall built in the
1870's.  Of course he's now building his 3 bay trophy garage.  We have a
Demo Delay bylaw that I encompasses "an entire historic (75 years old or
older) building or structure."  His permit sailed through Town Hall without
being flagged for demo delay and of course this significant historical
feature is fill somewhere.  The Historic Commission can only revise the
language in the bylaw for future acts like this.  His neighbors are furious.
He did not demolish a house but that wall in my mind was a significant
feature of the neighborhood.

 

Any suggestions?  What can I do?  His permit application did not mention the
demolition of this wall so in defense of our Inspector  (that's a 1st !) he
was unaware of this homeowner's intentions.

 

Jack Mac Donald

Osprey Design Inc 

Restorations

508 317-8469

 

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