[MassHistPres] Stone Walls and Demo Delay

[Marcia Starkey]

I believe that only boundary walls are protected in Massachusetts. 

If the law uses the words "buildings" and "structures" but only defines buildings, does it follow that structures is defacto defined by accepted preservation practice?   

Marcia Starkey, Greenfield HC
  ----- Original Message ----- 
  From: Electa Tritsch 
  To: Chris Skelly ; masshistpres at cs.umb.edu 
  Sent: Friday, December 11, 2009 9:45 AM
  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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