[MassHistPres] replacement windows

John Worden jworden at swwalaw.com
Mon Dec 20 14:45:15 EST 2010


Jonathan,

We have encountered this in Arlington a couple of tiems.  I think you need 
to go thru the application process, with the owner submitting whatever type 
of evidence you usually require, to replace windows, including condition of 
the old windows etc.   Even if he can prove to your satisfaction that the 
old historic windows were beyond repair (like this is ever really the case), 
the replacement windows must meet your criteria, which obviously the items 
you describe do not.

We had one case whre we made the owner take out the junk and put in 
appropriate wooden windows.

I think it is worth coming down hard - otherwise, everyone will think he can 
get away with this sort of thing.

Because the so many window issues of late, we have adopted rather extensive 
window guidelines, which can be found on our website - ours are based, to 
some extent, on those of Cambridge.

John Worden
Arlington HDC




Message: 1
Date: Fri, 17 Dec 2010 11:20:58 -0500


Hello,

A developer bought two houses in Harvard Common historical district
and replaced all the original windows without an application. The new
windows are your usual crappy contemporary window, with plastic
stripes instead of muntins.

We sent a "cease and desist" type of letter when we saw this, and told
him we needed an application. He claimed ignorance, though he actually
went through the process once before, but said he was copying another
window he saw used in the district (possible, but done long ago). He's
submitting an application after the fact.

So, how heavy to play it? Insist that he replace the new windows with
windows that we approve? That would be an extremely major expense, and
he'd likely sue us over it. Let it go, just taking our lumps, and
accepting that the damage is done? That sets a bad precedent.

Wondering about your thoughts.

Jonathan Feist, Chair
Harvard Historical Commission




Message: 3
Date: Fri, 17 Dec 2010 11:32:13 -0500


Jonathan:

This happened (numerous times) when I was the historic preservation planner 
in Newport RI. You might want to ask a few questions about the windows that
were removed before making any decisions--are they still around (probably 
not, but it's worth asking), were they historic, are they repairable, etc?
Allowing him to retain inappropriate replacements is a precedent you'll be 
addressing at almost every future window replacement request, I'm sure.

Shanti
  ?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

Shantia Anderheggen | Easement Administrator | Law Department
National Trust for Historic Preservation | 1785 Massachusetts Avenue, NW, 
Washington DC 20036
Phone: 202.588.6159 | Fax: 202.588.6272 | Email: 
shantia_anderheggen at nthp.org

The National Trust for Historic Preservation helps people protect, enhance, 
and enjoy the places that matter to them. Become our newest member today!
Learn more at www.PreservationNation.org

-----Original Message-----


Hello,

A developer bought two houses in Harvard Common historical district
and replaced all the original windows without an application. The new
windows are your usual crappy contemporary window, with plastic
stripes instead of muntins.

We sent a "cease and desist" type of letter when we saw this, and told
him we needed an application. He claimed ignorance, though he actually
went through the process once before, but said he was copying another
window he saw used in the district (possible, but done long ago). He's
submitting an application after the fact.

So, how heavy to play it? Insist that he replace the new windows with
windows that we approve? That would be an extremely major expense, and
he'd likely sue us over it. Let it go, just taking our lumps, and
accepting that the damage is done? That sets a bad precedent.

Wondering about your thoughts.

Jonathan Feist, Chair
Harvard Historical Commission


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