[MassHistPres] Preservation Restriction

Fri Dec 11 10:17:47 EST 2009

Dear All;
   May I ask what the first steps would be to placing a
preservation restriction on a historic building here in 
Duxbury?
   Also what can we do to gain a view easement or restriction
on a marsh view that is already in a Scenic Overlay District?
Since it is in a Scenic Overlay District are there already 
restrictions in place?      
        Thank You,
             Robert C. Vose III
             Duxbury Historical Commission

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of
masshistpres-request at cs.umb.edu
Sent: Thursday, December 10, 2009 10:49 PM
To: masshistpres at cs.umb.edu
Subject: MassHistPres Digest, Vol 46, Issue 19

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Today's Topics:

   1. Re: hardship demolition application (Gretchen Schuler)
   2. Stone Walls and Demo Delay (jack mac donald)
   3. Re: Stone Walls and Demo Delay (Carol Carlson)

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Message: 1
Date: Thu, 10 Dec 2009 17:09:32 -0500
From: "Gretchen Schuler" <ggschuler at verizon.net>
Subject: Re: [MassHistPres] hardship demolition application
To: <carolmcarl at comcast.net>, "Tucker, Jonathan"
	<TuckerJ at amherstma.gov>
Cc: masshistpres at cs.umb.edu
Message-ID: <D8A7C4829385414F9265FCD3542E968B at pc>
Content-Type: text/plain; charset="iso-8859-1"

I would be careful about holding an Executive Session as there is no pending
litigation yet and the possibility of litigation is not enough reason to
enter Executive Session.  

Gretchen Schuler
  ----- Original Message ----- 
  From: Carol Carlson 
  To: Tucker, Jonathan 
  Cc: masshistpres at cs.umb.edu 
  Sent: Thursday, December 10, 2009 3:41 PM
  Subject: Re: [MassHistPres] hardship demolition application

  Good idea Jonathan, as it looks like the Selectmen have shot themselves in
the foot.   If there is no quorum there is no vote - for or against, but as
Chris said, this can't go on forever.  I would suggest that the HDC members
(current and recently resigned) sit down together and figure this all out
with a clear head, if possible.  It should be a legally posted meeting, but
perhaps an Executive Session of just the HDC.   The recently resigned could
be "titled" consultants, I believe.  Do you know what the Selectmen want the
land for?  Maybe I missed an email. 

  I would fight kicking and screaming if this were my town.  Political
shenanigans are shameful, and shouldn't be tolerated by the citizens!
  Carol Carlson
  Bedford HDC

  Tucker, Jonathan wrote: 
At a certain point, political caution has to be set aside, and the
swords come out.  Who's your favorite local reporter?  The Select
Board's shenanigans should be splashed across the pages of the local
daily or weekly newspaper, and its/their website.  Make them defend
themselves.

Jonathan Tucker
Planning Director
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA  01002
(413) 259-3040
tuckerj at amherstma.gov    

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of
wwheelwright at juno.com
Sent: Thursday, December 10, 2009 12:13 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] hardship demolition application

To Chris Skelly and members of the listserve,

The Board of Selectmen and the present owner of the property jointly
filed a hardship application with the Sherborn Historic District
Commission on December 1 to demolish the Richard Smart House and Barn,
which abut the Town Offices in the Local Historic District, and which
will be purchased by the Town on or before Feb 1, 2010. The Dec 1 filing
starts the clock ticking for the HDC, requiring a meeting which must be
held by Dec 15 to decide if the application requires review, a public
hearing by Dec 29, and a determination by the HDC by Feb 27. If the
choice of this very difficult time of year to require meetings and
encourage public participation seems intentional on the part of the
Selectmen, keep reading.  There is more to this story. 

The Selectmen have tried every way they could to ensure that the HDC
will
allow the buildings to be demolished. Following an unsuccessful attempt
at Town Meeting last Spring to have the property removed from the
district, the Selectmen failed to re-appoint members, one of them the
chairman, after the Commission indicated that it would be unlikely to
permit demolition. Since June 15 all appointments to the Commission have
been held up, except for one new member handpicked by Selectmen to
represent them as abuttors-to-be, a move ruled to be legal by Town
Counsel. Strangely another abuttor, who is on the HDC but was not up for
reappointment,  has been told he cannot participate or vote. Yet another
member resigned citing the pressure from the Selectmen and has not been
replaced. So, having gutted and demoralized the HDC and then filed the
application to coincide with the holidays, no quorum will be the outcome
for the review by Dec 15, the first deadline. Do any of you know if that
means a default for the HDC on Dec. 15 and an automatic hardship
certificate? 

In the event of a Dec 15 default , does anyone know of  possible pro
bono
legal assistance for the HDC to help with immediate further steps such
as
an injunction to prevent immediate tear down? The Selectmen control
access to Town Counsel. 

The Sherborn Historical Commission thanks you in advance for your good
information and suggestions. 

Susie Wheelwright
Sherborn Historical Commission
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Message: 2
Date: Thu, 10 Dec 2009 18:25:38 -0500
From: "jack mac donald" <ospreydesign at verizon.net>
Subject: [MassHistPres] Stone Walls and Demo Delay
To: <MassHistPres at cs.umb.edu>
Message-ID: <000f01ca79f0$154fe570$3fefb050$@net>
Content-Type: text/plain; charset="us-ascii"

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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Message: 3
Date: Thu, 10 Dec 2009 22:49:06 -0500
From: Carol Carlson <carolmcarl at comcast.net>
Subject: Re: [MassHistPres] Stone Walls and Demo Delay
To: jack mac donald <ospreydesign at verizon.net>
Cc: MassHistPres at cs.umb.edu
Message-ID: <4B21C132.2010007 at comcast.net>
Content-Type: text/plain; charset="iso-8859-1"; Format="flowed"

*Jack
Was this stone wall in a designated Historic District?  I'm thinking it 
was not, as the owner is building a garage which was approved by the 
Building Inspector without HDC approval (I presume).  I doubt, 
therefore, that there is much that anyone can do.  However, if it sits 
in a LHD, then the town would have cause for legal action.    Bedford 
took a builder to court many years ago over the removal of a stone wall 
to give a 2nd access to a new development behind historic district 
property, and won the case.  Stone walls are indeed precious and should 
never be removed without discussion and approval with the town's 
Historical Commission or HDC.   I have sympathy for you and beautiful 
Bourne Village.
Carol M Carlson
Bedford, MA HDC
*
jack mac donald wrote:
>
> 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 1^st !) he was unaware of this homeowner's intentions.
>
>  
>
> Jack Mac Donald
>
> Osprey Design Inc
>
> Restorations
>
> 508 317-8469
>
>  
>
> ------------------------------------------------------------------------
>
> ******************************
> For administrative questions regarding this list, please contact
Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE WHOLE
LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
> ********************************
>   
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