[MassHistPres] Temporary not visible structures

Carol Carlson carolmcarl at comcast.net
Tue Nov 10 19:09:23 EST 2009


Ralph:
No way  would Bedford let someone get away with this trick!   And the 
general public doesn't have the authority to tell the HDC what is and 
isn't under its control; if we have a question about an issue, we ask 
our Town Attorney who will interpret our Legislative Acts of 1964.   Did 
the homeowner come before the HDC for the tall solid fence?  What was 
the reason for such a fence?  Bedford is about to hear a (continued) 
application for a 6' fence along the property line for privacy issues, 
which property sits on a corner as one begins to enter the District.   
The outcome will be interesting, as we will want to know what will be 
done behind such a fence.

 An HDC has the obligation to find out what will be behind or hidden by 
a property owner's actions when those actions come before the board for 
approval.  At that time, within the Motion to approve and within the 
Notice of Determination, it should be stated what will and will not be 
allowed behind the approved addition - as such addition is not 
considered permanent, and could be removed by said owner or a future owner.

Much luck with this...
Carol M Carlson
Bedford MA HDC

slater at alum.rpi.edu wrote:
> 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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