[MassHistPres] Temporary not visible structures

slater at alum.rpi.edu slater at alum.rpi.edu
Tue Nov 10 15:00:31 EST 2009


Does anyone have any experience with a homeowner claiming that an
exterior architectural feature is no longer under commission control
because it has been rendered not visible due to the actions of the
homeowner?

For example, a homeowner erecting a tall solid fence, and then
performing work behind it (perhaps changing garage doors).

What about someone putting up a solid storm door, and then changing out
the front door of the house, and then removing the storm door? Or
perhaps someone changing out the windows of a boarded-up building under
the theory that while boarded up, the feature is not visible to the
public?

This is not a theoretical discussion -- the fence/garage door example is
being tried in Springfield. 

Thanks,

Ralph Slate
Springfield, MA 
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