[MassHistPres] Temporary not visible structures

[Jane Guy]

The installation of the fence, regardless of its purpose, would require
a Certificate of Appropriateness prior to installation.  As long as the
fence design, material and location is historically appropriate, Salem
has approved permanent solid fences to make inappropriate alterations or
situations non-visible from the public way (i.e. when an owner wants to
install a/c equipment on a pad in the yard).  Once the approved fence is
up, the Commission asserts no jurisdiction on what goes on behind the
fence as long as the work remains non-visible from any public way.
 
However, when the owner wants to remove a fence (also requiring
approval), the Commission has the ability to ask what will be revealed
by the fence removal.  If what will be revealed will be inappropriate
(i.e. that same a/c unit or inappropriate garage doors or vinyl windows,
etc.), then a condition of the fence removal would be to rectify the
inappropriate alterations.
 
Salem does not consider storm doors as blocking the view and requires
prior approval for door replacement whether or not there is a storm.
 
I assume your Commission did not issue a Certificate of Appropriateness
that boarded up windows were historically appropriate in the first
place.  Boarded up windows are clearly temporary, and when removed, the
Commission has the ability to review what it reveals.  This scenario is
just silly and I expect wouldn't stand up in any court.
 
 
 
Jane A. Guy
Assistant Community Development Director
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA  01970
978-619-5685
(F) 978-740-0404
jguy at salem.com
www.salem.com <http://www.salem.com/> 
 
 
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