[MassHistPres] Basketball Hoop question - one more time!

[Chris Skelly]

Thank you, Anne, for expressing your concerns on the basketball hoop topic.
I would agree that some of the postings did not meet number 7 of the
guidelines listed below.  While eliminating humor or even sarcasm from all
postings isn't desirable (what fun would that be!), it is a good reminder to
keep all our posts friendly, informative and supportive.  

I'd also like to remind masshistpres subscribers to please contact me if you
feel a posting has not met the guidelines for posting.  

The basketball hoop discussion demonstrated many strong feelings on this
subject.  With a wide variety of local historic districts in Massachusetts
and a wide variety of subscribers on this listserve (over 700), hearing the
input from many sides is very eye opening and educational to all of us.  

If there are procedural questions related to how best to handle an
application for a permanent basketball hoop in a local historic district, I
hope that the Acton HDC will not shy away from asking.  This list remains
the best venue for statewide advice.    

I'll include the guidelines for posting messages here.  

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Chris Skelly
Masshistpres Email List Administrator
Director of Local Government Programs
Massachusetts Historical Commission

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Anne Forbes
Sent: Thursday, June 11, 2009 10:06 PM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Basketball Hoop question - one more time!

Although I'd like to know more about the reply below and a couple of others,
as a former 18-year HDC member I must say that the responses to the Acton
HDC's query on 6/4 have been a really lousy use of the list-serve.

The request for comparison about how other commissions have handled
basketball hoops was legitimate.  As Michaela Moran stated, the Acton HDC
had actually received an application for one.  This was for the installation
of a permanent hoop and pole, although it could just as well have
been for one on a backboard fixed to the building.  There was no mention in 
her email of
holding a public hearing on it.  It would of course be considered minor
enough to go through the waiver-of-hearing process in as simple and
streamlined a way as possible.  The problem is that nothing in either 40-C
or the local bylaw gives the HDC the go-ahead to issue a Certificate of
Non-applicability - the reason being that it is a permanent exterior
fixture.

The Acton HDC reviews some types of minor changes under Administrative
Review, but sporting structures are not presently on that list.  Although
the commission could add them (or some of them) to the AR list in the
future, that wouldn't apply to the present application.  And with two
playgrounds located in the districts, it would be madness to exempt all
permanent play equipment from HDC review.

Several contributors to the list-serve seemed to assume that this was a
portable, temporary piece of sports equipment, which it is not.  There was 
at
least one implication that because a building permit wasn't required it was
something the HDC shouldn't even deal with, and even a reference to "taste
police."   How much have we learned from hard-won legal cases over things
like street furniture?  Shall we bring back the newspaper vending machines?
And forget about shutters, satellite dishes (which at least have gotten 
smaller, though there are more of them) and - dare I say it - replacement 
windows and doors because they don't require a building permit?  Light 
fixtures?  Playgrounds?

The underlying question of course was, What does an HDC do with an 
application for something that they would just as soon forget about, when 
the ordinance or bylaw says they can't?

So, very funny, guys.  Good luck the next time you (or heaven forbid, some 
of your newer, inexperienced members, which Acton's commission is largely 
made up of) ask for help from other commissions on an uncommon historic 
district dilemma.

Anne Forbes
Former member, Acton HDC