[MassHistPres] MassHistPres Digest, Vol 58, Issue 4
Craig Whitaker Architects
cwa_ny at yahoo.com
Thu Dec 9 11:11:21 EST 2010
Make sure you have a good paper trail. If the issue goes to court the judge
will want to know whether you acted "arbitrarily and capriciously." If you
didn't he will defer.
CRAIG WHITAKER
Craig Whitaker Architects
39 Fifth Avenue
New York, NY 10003
Email: cwa_ny at yahoo.com
Tel: 212-431-7717
Fax: 212-431-7718
________________________________
From: "masshistpres-request at cs.umb.edu" <masshistpres-request at cs.umb.edu>
To: masshistpres at cs.umb.edu
Sent: Thu, December 9, 2010 10:55:37 AM
Subject: MassHistPres Digest, Vol 58, Issue 4
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Today's Topics:
1. Help Save Tappan House (Scott A. Winkler, AIA)
2. Re: Authority of Historical Commission/HDC under Chapter 40C
(Chris Skelly)
3. Re: Help Save Tappan House (Dennis De Witt)
4. Re: Help Save Tappan House (Anne Forbes)
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Message: 1
Date: Thu, 9 Dec 2010 09:46:41 -0500
From: "Scott A. Winkler, AIA" <swinkler.architect at gmail.com>
Subject: [MassHistPres] Help Save Tappan House
To: masshistpres at cs.umb.edu
Message-ID:
<AANLkTi=EPPRtao0vUWYCeoZODc3Jo8wNnMbfLzg=YpDA at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"
Please show your support for the preservation of the historic Tappan House
in Attleboro, MA by signing the online petition. More information is
available on the petition site.
http://www.thepetitionsite.com/1/save-tappan-house/
Thank you.
Scott Winkler
On behalf of The Attleboro Historical Commission
--
Scott A. Winkler, AIA, LEED AP
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Message: 2
Date: Thu, 9 Dec 2010 09:48:18 -0500
From: "Chris Skelly" <skelly-mhc at comcast.net>
Subject: Re: [MassHistPres] Authority of Historical Commission/HDC
under Chapter 40C
To: <masshistpres at cs.umb.edu>
Message-ID: <011701cb97b0$203fee10$60bfca30$@net>
Content-Type: text/plain; charset="us-ascii"
Betty, I think you mean Chapter 40C, Section 7 where it states:
The commission shall not make any recommendation or requirement except for
the purpose of preventing developments incongruous to the historic aspects
or the architectural characteristics of the surroundings and of the historic
district.
The previous part of Section 7 states:
In passing upon matters before it the commission shall consider, among other
things, the historic and architectural value and significance of the site,
building or structure, the general design, arrangement, texture, material
and color of the features involved, and the relation of such features to
similar features of buildings and structures in the surrounding area. In the
case of new construction or additions to existing buildings or structures
the commission shall consider the appropriateness of the size and shape of
the building or structure both in relation to the land area upon which the
building or structure is situated and to buildings and structures in the
vicinity, and the commission may in appropriate cases impose dimensional and
set-back requirements in addition to those required by applicable ordinance
or by-law.
The Section 2-Purpose of MGL Chapter 40C states:
The purpose of this chapter is to promote the educational, cultural,
economic and general welfare of the public through the preservation and
protection of the distinctive characteristics of buildings and places
significant in the history of the commonwealth and its cities and towns or
their architecture, and through the maintenance and improvement of settings
for such buildings and places and the encouragement of design compatible
therewith.
I don't see a distinction between incongruous and inappropriate. So, if the
commission considers Chapter 40C in its entirety, you are performing your
duty by denying applications that are determined inappropriate or
incongruous to the district.
I think you would be in hot water if you were making any requirements on the
applicant for reasons OTHER than preventing incongruous developments.
Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
<mailto:Christopher.Skelly at state.ma.us> Christopher.Skelly at state.ma.us
<http://www.sec.state.ma.us/mhc/mhcidx.htm>
http://www.sec.state.ma.us/mhc/mhcidx.htm
*******Stay Informed on Historic Preservation Topics by joining the
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From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dcolebslade at aol.com
Sent: Wednesday, December 08, 2010 10:02 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Authority of Historical Commission/HDC under Chapter
40C
An applicant, a lawyer, applied for a certificate of appropriateness for an
addition to a very small building sited very close to the Main Road. She
also wanted to put clad windows and artificial materials on the new
addition. The commission believed it was not an appropriate addition and
did not approve of the artificial materials. The published guidelines so
state. The applicant had two preliminary reviews where it was clearly
stated that the size of addition she was contemplating was not appropriate.
At the first preliminary review before presenting her plans she noted she
was a lawyer, that the courts did not favor historical commissions/HDCs and
so on. She suggested that if the historical commission/HDC did not approve
her plans she could take the commission to court. However she did come back
with a smaller addition in the second preliminary and then a different, but
similar size addition for the public hearing. Her application has been
denied.
Her argument was that the legislature had added the lines of Article 7,
19-22, to curtail or limit the authority of the historical commission in
their considerations which are described in Article 7, lines 1-18. She
argued her plans were not incongruous because there were so many different
"styles" in the historic district and that in the past, former commissions
had allowed larger additions behind buildings. She seemed to be stating
that the word "incongruous" outweighs "appropriateness".
I would very much appreciate hearing from the MHC and from you your opinions
on if, and if so, how much, the authority of the Historical Commission/HDCs
can be interpreted to be "limited" by Article 7, 19-22.
Thank you,
Betty Slade
Westport
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Message: 3
Date: Thu, 09 Dec 2010 10:18:51 -0500
From: Dennis De Witt <djd184 at verizon.net>
Subject: Re: [MassHistPres] Help Save Tappan House
To: MHC MHC listserve <masshistpres at cs.umb.edu>
Message-ID: <DD0B97C6-FE80-42EE-A225-365167BA0DA6 at verizon.net>
Content-Type: text/plain; charset="us-ascii"
Scott
Do you know if that is the same family that built the substantial ca. 1820
Tappan-Philbrick house in Brookline? They were important abolitionist
merchants. One branch moved to NYC where Lewis Tappan lead the Amistad appeal
to the Supreme Court. Benjamin Tappan moved to Ohio and became a senator. The
wonderful central square of Oberlin O is named after him.
But how did that spectacular Jocobethan house get tagged "colonial revival"?
Dennis De Witt
On Dec 9, 2010, at 9:46 AM, Scott A. Winkler, AIA wrote:
> Please show your support for the preservation of the historic Tappan House in
>Attleboro, MA by signing the online petition. More information is available on
>the petition site.
>
> http://www.thepetitionsite.com/1/save-tappan-house/
>
> Thank you.
>
> Scott Winkler
> On behalf of The Attleboro Historical Commission
>
> --
> Scott A. Winkler, AIA, LEED AP
> ******************************
> For administrative questions regarding this list, please contact
>Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE WHOLE
>LIST.
> MassHistPres mailing list
> MassHistPres at cs.umb.edu
> http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
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Message: 4
Date: Thu, 09 Dec 2010 10:55:21 -0500
From: "Anne Forbes" <anneforbes at verizon.net>
Subject: Re: [MassHistPres] Help Save Tappan House
To: "'Dennis De Witt'" <djd184 at verizon.net>, "'MHC MHC listserve'"
<masshistpres at cs.umb.edu>
Message-ID: <0LD600LTR48FSSB8 at vms173017.mailsrvcs.net>
Content-Type: text/plain; charset="us-ascii"
Dennis introduces an important point. The more the case can be made for the
building's architectural importance - its rarity, its place in a regional
context, the name of the architect, etc. - the better. That won't happen if
even its style is misunderstood.
I also wonder about the photograph, which looks like a historical one,
perhaps taken shortly after it was built. It's impressive, but it tells the
reader/observer nothing about how much the building may have been altered
over time, which is another important piece of information in assessing any
demolition proposal.
Anne Forbes,
Acton
_____
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dennis De Witt
Sent: Thursday, December 09, 2010 10:19 AM
To: MHC MHC listserve
Subject: Re: [MassHistPres] Help Save Tappan House
Scott
Do you know if that is the same family that built the substantial ca. 1820
Tappan-Philbrick house in Brookline? They were important abolitionist
merchants. One branch moved to NYC where Lewis Tappan lead the Amistad
appeal to the Supreme Court. Benjamin Tappan moved to Ohio and became a
senator. The wonderful central square of Oberlin O is named after him.
But how did that spectacular Jocobethan house get tagged "colonial revival"?
Dennis De Witt
On Dec 9, 2010, at 9:46 AM, Scott A. Winkler, AIA wrote:
Please show your support for the preservation of the historic Tappan House
in Attleboro, MA by signing the online petition. More information is
available on the petition site.
http://www.thepetitionsite.com/1/save-tappan-house/
Thank you.
Scott Winkler
On behalf of The Attleboro Historical Commission
--
Scott A. Winkler, AIA, LEED AP
******************************
For administrative questions regarding this list, please contact
Christopher.Skelly at state.ma.us directly. PLEASE DO NOT "REPLY" TO THE WHOLE
LIST.
MassHistPres mailing list
MassHistPres at cs.umb.edu
http://mailman.cs.umb.edu/mailman/listinfo/masshistpres
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