[MassHistPres] Stone Walls and Demo Delay

[Electa Tritsch]

Chris - what is the current status of state legislation concerning 
stone wall protection? And would this be helpful in situations like Bourne's?
Electa Tritsch, Oakfield Research

At 08:13 AM 12/11/2009, Chris Skelly wrote:
>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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