[MassHistPres] MassHistPres Digest, Vol 41, Issue 14

George Shaw geo1shaw at mindspring.com
Wed Jul 15 22:07:54 EDT 2009



Indeed, we ultimately are responsible for our property and the effects it
may have on our neighbors. Fortunately and often unfortunately neighbors
change over time.For example the idiots who blocked my driveway "as of
right" moved away and sadly the people who stoped a break in also moved
away. My guess is that snow has fallen off of this roof for at least the
last 50 years. Neighbors usually work this out. So something more is going
on. Does the neighbor want a new paint job on his neighbors house? Is he or
she a jerk? The homeowner has essentially three choices. Do nothing and
wait for the lawsuit. 2 spend a lot of money to bastardize their house or 3
put in snow rakes which are expensive. 
> [Original Message]
> From: Pat Patrick <pat at oldtownrepair.com>
> To: <masshistpres at cs.umb.edu>
> Date: 7/15/2009 6:51:47 PM
> Subject: Re: [MassHistPres] MassHistPres Digest, Vol 41, Issue 14
>
> Re: Slate Roof.  Answer?  All the above!
>
> The owner is and has always been in past, current, and future responsible
> for what may leave his property, and damage the property of, essentially,
> anybody else.  Just try to resolve the mess a wind storm causes.  Not
> responsible for Acts of God?  The last time God was in a courtroom, ended
> with OJ.
>
> Notifying the neighbor is, in the long run, futile; because the neighbor
can
> park anywhere they please.  It is their property.  Again, try to argue "I
> told them so!" in court.  "Did you document that conversation, in writing,
> acknowledged by both parties?"  "No, we ran across one another in
> Starbuck's, and I told them!"  No paperwork?  No witnesses?  Never
happened.
>
> Insulate the attic and reduce the heat loss which is the root cause of
> avalanches.  This is good for you!  This is called a good faith effort as
> described off the tongue of a "good" lawyer.  A good lawyer would tell the
> defendant to settle and get on with it!  It happened.  A REALLY good
lawyer
> would nail your and your insurance company's butt to the wall, or come
after
> you regardless of the coverage you believe you have in writing from your
> insurance company, and often succeed.
>
> The request to remove the slate roof is unreasonable in terms of potential
> remedy for the neighbor.  There is no such thing as a potential remedy.
> Remedy fixes things that have happened, and the letter from their
insurance
> company is worth what we all know is free.  No harm, no foul.  Talk to me
> when you are bleeding.
>
> Never expect an insurance company to act proactively or to spend money
> proactively.  They are not in the business of being good neighbors.  They
> are in the business of collecting premiums and returning the best ROI to
> shareholders.  Litigation is a calculated cost of doing business, and is
> above the line resulting in ROI.
>
> Finally, "This is the best thing you can do" is the advice of someone that
> does not live in your house, or neighborhood, and is probably more
> interested in billings and expediency.  I am referring to the insurance
> companies of course.  Actually I find lawyers quite clever and helpful.
> That is, concerning the aforementioned.  Well, everybody has to earn a
> living, huh?
>
> So what is the historical value of this missive?  Nothing.  What is the
> value of this advice, if it is advice to begin with?  Little, if any. 
Just
> musings from one who is from a family "in the insurance business."  That
> business is brutally cold and impassionate.  When push comes to shove,
> settlement and ROI rule the day.  "The best you can do," is what you
believe
> you could live with in a worst case scenario without an insurance company
in
> the picture.  I understand that is what the insurance business is all
about.
> Good advice, huh?  Tongue in cheek, tongue in cheek!
>
> Respectively,
>
> Pat
>
> James M. "Pat" Patrick
> OldTownRepair
> 2 Pleasant Court, Ground Floor Office
> Marblehead, MA  01945-3310
> 781-631-5145 (P)
> 781-639-8024 (F)
> pat at oldtownrepair.com
> www.oldtownrepair.com
>  
>  
> -----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: Wednesday, July 15, 2009 4:34 PM
> To: masshistpres at cs.umb.edu
> Subject: MassHistPres Digest, Vol 41, Issue 14
>
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> Today's Topics:
>
>    1. Slate roofs and insurance issues (Reich, Alene)
>    2. Farmstand in the LHD (Reich, Alene)
>    3. Re: Farmstand in the LHD (Jonathan Feist)
>    4. Re: Farmstand in the LHD (Gretchen Schuler)
>    5. Re: Farmstand in the LHD (Tucker, Jonathan)
>    6. Re: Farmstand in the LHD (Carol Carlson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 15 Jul 2009 13:00:14 -0400
> From: "Reich, Alene" <AReich at ci.methuen.ma.us>
> Subject: [MassHistPres] Slate roofs and insurance issues
> To: masshistpres at cs.umb.edu
> Message-ID:
> 	<35A9BF6D4B53A446845B8DC5A98AE159028C5D59 at its-09.cityofmethuen.net>
> Content-Type: text/plain; charset="iso-8859-1"
>
> David brings up a good point.  Insurance companies are not fond of slate,
or
> knob and tube, or, well, anything historic.  I suggest that the solution
is
> NOT for the homeowner to call their insurance company- that is a good way
to
> lose insurance or lose the slate roof in favor of asphalt shingles.  
>
> My opinion is that the way to move forward is to install fences or a
heating
> element, etc as a  good faith effort toward the neighbor.  That way, if
> there is an incident the homeowner has done something to mitigate the
issue.
> Maybe the slate roof will be saved from blame.
>
>
> Have a great day,
>
> Alene
>
> Alene Reich
>
> Historic Planner, City of Methuen
> Searles Building
> 41 Pleasant St, Suite 217
> Methuen, MA 01844
>
> Tel: (978) 983-8564
> Fax: (978) 983-8976
>
>
>
> Today's Topics:
>
>    1. Re: Slate Roofs and Insurance Issues (barbarawales at verizon.net)
>    2. Re: Slate Roofs and Insurance Issues (David Temple)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 15 Jul 2009 11:09:28 -0500 (CDT)
> From: barbarawales at verizon.net
> Subject: Re: [MassHistPres] Slate Roofs and Insurance Issues
> To: jdianeol at aol.com
> Cc: copperandslate at gmail.com, masshistpres at cs.umb.edu
> Message-ID:
> 	
> <1429631036.1292160.1247674168782.JavaMail.root at vms246.mailsrvcs.net>
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> ------------------------------
>
> Message: 2
> Date: Wed, 15 Jul 2009 09:24:17 -0700 (PDT)
> From: David Temple <davidftemple at yahoo.com>
> Subject: Re: [MassHistPres] Slate Roofs and Insurance Issues
> To: MHC MHC listserve <masshistpres at cs.umb.edu>,	Dennis De Witt
> 	<djdewitt at rcn.com>
> Message-ID: <534599.78583.qm at web63401.mail.re1.yahoo.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> I'd expect if the slate roof homeowner brought the issue to his/her
> insurance company, the company would solve their problem by immediately
> cancelling the insurance policy.?
>
>
> In your reply, please include my original message. AOL users please note!
>
> David Temple 
> David F. Temple, Inc. 
> 300 South Street 
> Medfield, MA 02052 
> 508-359-2915 
>
>
> --- On Wed, 7/15/09, Dennis De Witt <djdewitt at rcn.com> wrote:
>
>
> From: Dennis De Witt <djdewitt at rcn.com>
> Subject: Re: [MassHistPres] Slate Roofs and Insurance Issues
> To: "MHC MHC listserve" <masshistpres at cs.umb.edu>
> Date: Wednesday, July 15, 2009, 11:26 AM
>
>
> I would strongly question the last statement. ?I can observe the action
of a
> lot of snow under various conditions on steep roofs from my office
windows.
> ?The snow on asphalt melts or sublimates but generally does not avalanche.
> ?The snow on some slate roofs?avalanches with great predictability.
>
>
> I would also question whether the fact that "you were there first" and it
> has been happening for a long time is an adequate defense if your roof
> unexpectedly drops hundreds of pound of snow (perhaps containing a broken
> slate or two) on someone out shoveling snow in his own driveway. ?
>
>
> Might be much better not to be confrontational but rather to invest in
snow
> loops or fences.
>
>
> Dennis De Witt?
> Brookline
>
>
>
>
>
> On Jul 15, 2009, at 11:03 AM, jdianeol at aol.com wrote:
>
>
> I agree with Garrett on this.? The house & slate roof were likely there
long
> before the neighbor or the neighbor's car.? Now that the neighbor knows
that
> snow (and possibly ice) can fall off the slate roof and onto the
> aforementioned car, it would behoove the neighbor to park a little farther
> forward or back.? However, if the owner of the slate roof is concerned
about
> this, they should take the letter from the neighbor's insurance company to
> their own insurance company (homeowner's liability coverage) to get their
> advice & input.? I'm guessing that one of several scenarios will play out:
> A) homeonwer's insurance provider will say that auto insurance provider is
> full of %^$#%$# and can just TRY to get payment on a claim like that (in
> other words, go stuff themselves)
> B) the insurance company's will work out a compromise on their own
> C) the homeowner's insurance provider will offer an alternate solution
that
> does NOT involve removing a perfectly good & solid slate roof which is of
> greater value to the insurance company since it has a much longer lifespan
> and much lower fire risk than asphalt.? 
>
> By the way, asphalt shingles would NOT result in reduced snow
drop/potential
> for damage but would more likely INCREASE the problem. The asphalt, with a
> rougher surface than slate, will hold MORE snow on the roof until such
point
> & time as the coefficient of friction has been met or exceeded and the
snow
> drops onto the neighbors car.? Because this will take more snow/more
weight
> to achieve than would be the case on slate shingles, the potential for
> damage to the neighbors car will be INCREASED with asphalt shingles, not
> decreased.
>
> Diane Oliver-Jensen
> West Brookfield
>
>
>
>
> -----Original Message-----
> From: Garrett Laws <copperandslate at gmail.com>
> To: masshistpres at cs.umb.edu
> Sent: Tue, Jul 14, 2009 8:04 pm
> Subject: Re: [MassHistPres] Slate Roofs and Insurance Issues
>
>
> A) The owner of the slate roof (the insurance company for the owner of the
> slate roof) is and always has been liable for damage from the snow sliding
> off the roof. 
> B) The neighbor should now consider themselves informed and warned about
the
> potential for snow to slide off of the slate roof and not park their car
> under the roof if there is a large snow fall. Sorry, this just seems
> obvious.
> C) If the insurance company is interested in paying for the installation
of
> snow guards or snow loops, the owner of the roof should pursue the
> installation.
>
>
> 1) The slate roof should not be removed because it is doing the correct
job
> that it has been doing for the life of the roof, and if it is truly Munson
> black slate, it will be doing for at least another 100 years!
> 2) It would be a sensible thing for the owner of the slate roof to
> investigate the quality of the insulation (if any) under the slate roof,
> having this correct will save them money and reduce the potential for
icing
> and heavier masses coming off the roof.
>
>
>
>
> Lets all try to think longer term here...
> Garrett
>
>
> PS Heating cables have the ability to cause ice dams if the melting water
is
> not properly directed from the roof and kept melted.
>
>
> On Tue, Jul 14, 2009 at 3:39 PM, Kristi Chase <KChase at somervillema.gov>
> wrote:
>
>
>
> I have received a call from a homeowner whose neighbor would like him to
> remove his Munson slate roof because it sheds snow where the neighbor
parks
> his car.? The property is not listed as an LHD but retains much of its
> original character.? The homeowner has received a threatening letter from
> the neighbor's insurance company stating that he is liable for any damage
> done to the neighbor or his car and requesting that he replace the roof
with
> asphalt.? Does anyone have the names of lawyers who might deal with this
> type of issue or have any advice I can pass on?
> Thanks to all, 
> Kristi Chase 
> Preservation Planner 
> Historic Preservation Commission 
> Office of Strategic Planning and Community Development 
> City Hall 
> 93 Highland Avenue 
> Somerville, MA? 02143 
> 617-625-6600 x2525 
> ******************************
> For administrative questions regarding this list, please contact
> Christopher.Skelly at state.ma.us directly. ?PLEASE DO NOT "REPLY" TO THE
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> LIST.
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> ********************************
>
>
>
>
> -- 
> Cheers,
> Garrett
>
> Garrett Laws, Manager
> The Copper & Slate Company
> Fine Roofing and Exterior Finish Carpentry
> 238A Calvary Street
> Waltham, MA 02453
> Ph: (781) 893-1916
> Fax: (781) 893-2041
>
> Copperandslate at Gmail.com or 
> GLaws at hbuilders.net 
>
> ******************************
>
> For administrative questions regarding this list, please contact 
>
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WHOLE
>
>
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>
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>
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>
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>
>
>
>
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> End of MassHistPres Digest, Vol 41, Issue 13
> ********************************************
>
>
> ------------------------------
>
> Message: 2
> Date: Wed, 15 Jul 2009 14:57:47 -0400
> From: "Reich, Alene" <AReich at ci.methuen.ma.us>
> Subject: [MassHistPres] Farmstand in the LHD
> To: masshistpres at cs.umb.edu
> Message-ID:
> 	<35A9BF6D4B53A446845B8DC5A98AE1590210078E at its-09.cityofmethuen.net>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Hi Everyone,
>
> A question to the masses- and, of course, I am trying to solve this
problem
> before the end of business today.
>
> We have had a request to put a farm stand in the LHD.  It would be a tent,
> placed for the rest of the season on a vacant lot.  It seems that they
plan
> to use it daily, not just as a special event farmers' market.  The
Building
> Dept. said they don't need a permit and I am still waiting to see if they
> need a license.
>
> The first impulse was to say "Sure!  Great!" but the fact that we have
> nothing in the Rules and Regs even remotely pertinent to this I am second
> guessing that impulse.  
>
> Any thoughts?
>
> Alene
>
> Alene Reich
>
> Historic Planner, City of Methuen
> Searles Building
> 41 Pleasant St, Suite 217
> Methuen, MA 01844
>
> Tel: (978) 983-8564
> Fax: (978) 983-8976
>
>
>
> ------------------------------
>
> Message: 3
> Date: Wed, 15 Jul 2009 15:09:57 -0400
> From: Jonathan Feist <jfeist at charter.net>
> Subject: Re: [MassHistPres] Farmstand in the LHD
> To: "Reich, Alene" <AReich at ci.methuen.ma.us>
> Cc: masshistpres at cs.umb.edu
> Message-ID: <FCE39F62-6818-4CB2-AF04-9699C223980C at charter.net>
> Content-Type: text/plain; charset=WINDOWS-1252; format=flowed;
> 	delsp=yes
>
> To me, a farmstand contributes profoundly towards community  
> preservation in the highest sense, in terms of sustaining our rapidly  
> vanishing architectural landscape. I would be a cheerleader for the  
> effort in all communications, and only gently guide it towards being  
> architecturally consonant as practicality permits, particularly  
> because it won't be a permanent fixture. I might just clarify when it  
> will go away. The label "temporary structure" is often a gray area.
>
> Jonathan Feist
> Chair, Harvard Historical Commission
>
>
> On Jul 15, 2009, at 2:57 PM, Reich, Alene wrote:
>
> > Hi Everyone,
> >
> > A question to the masses- and, of course, I am trying to solve this  
> > problem before the end of business today.
> >
> > We have had a request to put a farm stand in the LHD.  It would be a  
> > tent, placed for the rest of the season on a vacant lot.  It seems  
> > that they plan to use it daily, not just as a special event farmers'  
> > market.  The Building Dept. said they don't need a permit and I am  
> > still waiting to see if they need a license.
> >
> > The first impulse was to say "Sure!  Great!" but the fact that we  
> > have nothing in the Rules and Regs even remotely pertinent to this I  
> > am second guessing that impulse.
> >
> > Any thoughts?
> >
> > Alene
> >
> > Alene Reich
> >
> > Historic Planner, City of Methuen
> > Searles Building
> > 41 Pleasant St, Suite 217
> > Methuen, MA 01844
> >
> > Tel: (978) 983-8564
> > Fax: (978) 983-8976
> >
> > ******************************
> > 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
> > ********************************
>
> ================================
> Jonathan Feist
> jfeist at charter.net ? 978-772-4864
> Blog: Delights and Processes http://blogs.townonline.com/delight/
> Writing about Music http://jonathanfeist.berkleemusicblogs.com/
>
>
>
> ------------------------------
>
> Message: 4
> Date: Wed, 15 Jul 2009 15:22:51 -0400
> From: "Gretchen Schuler" <ggschuler at verizon.net>
> Subject: Re: [MassHistPres] Farmstand in the LHD
> To: "Reich, Alene" <AReich at ci.methuen.ma.us>,
> 	<masshistpres at cs.umb.edu>
> Message-ID: <2C6BB70B20BD48C0BE3DA83BBBCB26D1 at pc>
> Content-Type: text/plain; format=flowed; charset=iso-8859-1;
> 	reply-type=original
>
> I would encourage the commission to think of it as NOT an irrevocable 
> change - that it would NOT be detrimental to the district as a whole or
in 
> part and certainly if someone thinks it is - it is temporary!  So I would 
> agree with Jonathan Feist's comments and hope that it contributes to the 
> district.  What are the chances that some part of the district was once
used
>
> for farmer's market or some such use?
>
> Gretchen
> ----- Original Message ----- 
> From: "Reich, Alene" <AReich at ci.methuen.ma.us>
> To: <masshistpres at cs.umb.edu>
> Sent: Wednesday, July 15, 2009 2:57 PM
> Subject: [MassHistPres] Farmstand in the LHD
>
>
> > Hi Everyone,
> >
> > A question to the masses- and, of course, I am trying to solve this 
> > problem before the end of business today.
> >
> > We have had a request to put a farm stand in the LHD.  It would be a
tent,
>
> > placed for the rest of the season on a vacant lot.  It seems that they 
> > plan to use it daily, not just as a special event farmers' market.  The 
> > Building Dept. said they don't need a permit and I am still waiting to
see
>
> > if they need a license.
> >
> > The first impulse was to say "Sure!  Great!" but the fact that we have 
> > nothing in the Rules and Regs even remotely pertinent to this I am
second 
> > guessing that impulse.
> >
> > Any thoughts?
> >
> > Alene
> >
> > Alene Reich
> >
> > Historic Planner, City of Methuen
> > Searles Building
> > 41 Pleasant St, Suite 217
> > Methuen, MA 01844
> >
> > Tel: (978) 983-8564
> > Fax: (978) 983-8976
> >
> > ******************************
> > 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
> > ********************************
> > 
>
>
>
>
> ------------------------------
>
> Message: 5
> Date: Wed, 15 Jul 2009 15:26:08 -0400
> From: "Tucker, Jonathan" <TuckerJ at amherstma.gov>
> Subject: Re: [MassHistPres] Farmstand in the LHD
> To: "Reich, Alene" <AReich at ci.methuen.ma.us>,
> 	<masshistpres at cs.umb.edu>
> Message-ID: <2AB5DA1A6F18EF469DC3420EB334D7ED2E5ED3 at amherst60.TOA.twn>
> Content-Type: text/plain;	charset="US-ASCII"
>
> Methuen's zoning does appear to require a permit from the Building
> Commissioner for either a roadside stand or a seasonal sale (Sections
> V-N, 2. and 3., pp. 45-46), but if the applicant meets certain
> standards, the permit has to be granted.  If the LHD is in an area where
> open air markets or farm stand sales involving temporary structures have
> historically occurred, then there would be no reason for the LHD Rules &
> Regulations to address the issue.  If they were proposing a permanent
> structure that they only intended to use seasonally, then I suspect your
> regulations would be able to address whatever legitimate LHD issues
> arose.
>
> I suspect that any complaints you may subsequently receive will be more
> about disagreeing with the flexibility of your zoning than about impacts
> on historical resources.
>
> Good Luck,
>
> 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 Reich, Alene
> Sent: Wednesday, July 15, 2009 2:58 PM
> To: masshistpres at cs.umb.edu
> Subject: [MassHistPres] Farmstand in the LHD
>
> Hi Everyone,
>
> A question to the masses- and, of course, I am trying to solve this
> problem before the end of business today.
>
> We have had a request to put a farm stand in the LHD.  It would be a
> tent, placed for the rest of the season on a vacant lot.  It seems that
> they plan to use it daily, not just as a special event farmers' market.
> The Building Dept. said they don't need a permit and I am still waiting
> to see if they need a license.
>
> The first impulse was to say "Sure!  Great!" but the fact that we have
> nothing in the Rules and Regs even remotely pertinent to this I am
> second guessing that impulse.  
>
> Any thoughts?
>
> Alene
>
> Alene Reich
>
> Historic Planner, City of Methuen
> Searles Building
> 41 Pleasant St, Suite 217
> Methuen, MA 01844
>
> Tel: (978) 983-8564
> Fax: (978) 983-8976
>
> ******************************
> 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
> ********************************
>
>
> ------------------------------
>
> Message: 6
> Date: Wed, 15 Jul 2009 16:33:29 -0400
> From: Carol Carlson <carolmcarl at comcast.net>
> Subject: Re: [MassHistPres] Farmstand in the LHD
> To: "Reich, Alene" <AReich at ci.methuen.ma.us>
> Cc: masshistpres at cs.umb.edu
> Message-ID: <4A5E3D19.10402 at comcast.net>
> Content-Type: text/plain; charset="iso-8859-1"; Format="flowed"
>
> Alene:
> Like you, my first thoughts are "sure" also.  However, my concerns would 
> include the size and color of this tent, where the parking would be, and 
> any signs or lighting to be used.  I would definitely encourage having a 
> public hearing on the issue, so any neighbors/citizens could voice their 
> concerns and the members of the HDC/Planning Board could set down any 
> regulations they feel are important.   This may only be a temporary 
> seasonal market, but if it is profitable, it may very well be a yearly 
> summer event.  Before a Sure! Great! I'd want all the questions 
> answered, and a written Notice of requirements to the market manager and 
> for your files.  Bedford now has a great farmer's market, but only open 
> on Mondays.  I wish Methuen well, and agree with all that Jonathan 
> proclaimed!
>
> My best,
> Carol M Carlson
> Bedford HDC
>
> Reich, Alene wrote:
> > Hi Everyone,
> >
> > A question to the masses- and, of course, I am trying to solve this
> problem before the end of business today.
> >
> > We have had a request to put a farm stand in the LHD.  It would be a
tent,
> placed for the rest of the season on a vacant lot.  It seems that they
plan
> to use it daily, not just as a special event farmers' market.  The
Building
> Dept. said they don't need a permit and I am still waiting to see if they
> need a license.
> >
> > The first impulse was to say "Sure!  Great!" but the fact that we have
> nothing in the Rules and Regs even remotely pertinent to this I am second
> guessing that impulse.  
> >
> > Any thoughts?
> >
> > Alene
> >
> > Alene Reich
> >
> > Historic Planner, City of Methuen
> > Searles Building
> > 41 Pleasant St, Suite 217
> > Methuen, MA 01844
> >
> > Tel: (978) 983-8564
> > Fax: (978) 983-8976
> >
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