[MassHistPres] Stone Walls and Demo Delay

Fri Dec 11 12:07:18 EST 2009

Jack,

For more stone wall info, you should also check out DCR's Terra Firma #
5 - you can download it at

http://www.mass.gov/dcr/stewardship/histland/publications.htm

Jessica Rowcroft, DCR

________________________________

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of jack mac donald
Sent: Friday, December 11, 2009 11:24 AM
To: 'Electa Tritsch'; 'Chris Skelly'; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Stone Walls and Demo Delay

Thank you Chris and All who responded to my notice.  I guess a little
article in the local paper will be all that comes of it and hopefully
some awareness.  Keep up the good work out there!

Jack Mac Donald

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Electa Tritsch
Sent: Friday, December 11, 2009 9:46 AM
To: Chris Skelly; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Stone Walls and Demo Delay

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 
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-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [
mailto: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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