[MassHistPres] Stone Walls and Demo Delay

Fri Dec 11 12:16:42 EST 2009

For a review of Massachusetts law on fences (including stone walls), see "Handbook on Fence Viewers and Laws on Fences in the Commonwealth of Massachusetts"
by Larson and Cramer, 2004. About 60 cities and towns have purchased this, so check your town files or your the law library in your county court house. If you have no success, I have some available at $6.00 each postpaid.

Joseph S. Larson
27 Arnold Road
Pelham, Massachusetts 01002-9757
http://myprofile.cos.com/larson358

  ----- Original Message ----- 
  From: Rowcroft, Jessica (DCR) 
  To: jack mac donald ; masshistpres at cs.umb.edu 
  Sent: Friday, December 11, 2009 12:07 PM
  Subject: Re: [MassHistPres] Stone Walls and Demo Delay

  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

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  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 
  *******Stay Informed on Historic Preservation Topics by joining the MassHistPres Email List. Visit http://mailman.cs.umb.edu/mailman/listinfo/masshistpres for more information. ******MHC offers regional training workshops to local historical commissions and historic district commission members on a variety of topics. ******The MHC has a new 50 minute DVD for Local Historical Commissions. ******The Local Preservation Update is MHC's new bi-weekly e-newsletter.  For more information on any of the above, please contact me.  
  -----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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