[MassHistPres] Sidewalk News Paper and Magazine Dispensers

[Anne Forbes]

The recent questions about HDC jurisdiction over changes to religious properties brought to mind the legal battles that have been fought - and won - by commissions right here in Massachusetts over their review authority.  The MHC Guidebook for HDCs begins with the legal basis for historic districts and a list (up to 2006) of some relevant court cases.  Radio towers are in there, as are vinyl siding, features on the inside of windows, and especiallly, the classic 1996 Globe Newspaper Company v. Beacon Hill Architectural Commission decision, which confirmed an HDC's jurisdiction over newspaper dispensers and other "street furniture."    

The vending machine companies are very familiar with the Beacon Hill case, but it seems that they often hope a local commission is not.  I hope that the precedent it established will give the Wenham HDC the confidence to require an application for a certificate, and to regulate the dispensers in whatever way they feel is appropriate.  

Anne Forbes
Acton

----- Original Message ----- 
  From: james howard 
  To: MHC Mailing List 
  Sent: Friday, October 23, 2009 8:44 AM
  Subject: [MassHistPres] Sidewalk News Paper and Magazine Dispensers


  Here in Wenham a sidewalk magazine dispenser has beeb put in place within the Historic District to provide free copies of the magazine "Improper Bostonian".  The Historic District Commission was not asked for a Certificate of Appropriateness for this dispenser.  Complaints about it are now being directed at the Commission.  We have no standing policy dealing with this type of dispenser and I was wondering if any Historic District Commission does have a policy or how they deal with these things.

  Thanks for your help

  Jim Howard 
  Chair 
  Wenham Historic District Commission

  James M. Howard
  149 Main Street
  Wenham, MA 01984
  Tel:  978-468-1709
  Cell:  978-317-4862


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