[MassHistPres] Stone Wall Legislation

Fri Jun 25 14:30:25 EDT 2010

A point of clarification on the stone wall legislation. The bill has passed the House and not yet the Senate - so it is not yet law. It was also amended so the fines are the only penalties in the bill. Keep your fingers crossed and call your State Senators in support.

Shaun

Shaun Provencher
Lands Acquisition Specialist
Resource Management Planning
MA Dept. of Conservation and Recreation
251 Causeway Street, Suite 700
Boston, MA 02114
617-626-1376

Please consider the environment before printing this e-mail.

-----Original Message-----
From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of masshistpres-request at cs.umb.edu
Sent: Friday, June 25, 2010 11:32 AM
To: masshistpres at cs.umb.edu
Subject: MassHistPres Digest, Vol 52, Issue 25

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Today's Topics:

   1. Stone walls (ospreydesign at verizon.net)
   2. Re: Stone walls (Diane Gilbert)
   3. Re: Dendochronology consultant (Jill Fisher)
   4. Re: Stone walls (Joseph S. Larson)
   5. Re: Stone walls (Jeff K)

----------------------------------------------------------------------

Message: 1
Date: Fri, 25 Jun 2010 14:23:54 +0000
From: ospreydesign at verizon.net
Subject: [MassHistPres] Stone walls
To: "Ma Histoiric" <masshistpres at cs.umb.edu>
Message-ID:
	<303130496-1277472311-cardhu_decombobulator_blackberry.rim.net-1124310601- at bda632.bisx.prod.on.blackberry>

Content-Type: text/plain

Hi all,
On my way to the sawmill in Assonet I saw some land clearing along Rt 24.  They have exposed a lot of stone walls.  I spoke to the co clearing the land and they said the walls were going to be "crushed". That bothers me.
Jack Mac Donald
Sent via BlackBerry by AT&T

------------------------------

Message: 2
Date: Fri, 25 Jun 2010 09:47:09 -0400
From: Diane Gilbert <d.m.gilbert at comcast.net>
Subject: Re: [MassHistPres] Stone walls
To: <ospreydesign at verizon.net>, Untitled <masshistpres at cs.umb.edu>
Message-ID: <C84A2B9D.17321%d.m.gilbert at comcast.net>
Content-Type: text/plain; charset="iso-8859-1"

Aren't there laws against removing stone walls?  I know it's the case for
"scenic roads". So what about presumably private landowners and the
permitting process? Any land in southeastern MA and elsewhere in the
Commonwealth would have had stone walls at some point in time after land was
cleared for farmland. Thanks for sending this alert along.  Perhaps someone
out there knows what?s going on along Rt 24....the usual highway
construction work, no doubt.  Why not move the stones if the wall has to or
is permitted to be destroyed?  We?ve lost many of our emblematic stone wall
already. 

Diane Gilbert, Dartmouth, MA

On 6/25/10 10:23 AM, "ospreydesign at verizon.net" <ospreydesign at verizon.net>
wrote:

> Hi all,
> On my way to the sawmill in Assonet I saw some land clearing along Rt 24.
> They have exposed a lot of stone walls.  I spoke to the co clearing the land
> and they said the walls were going to be "crushed". That bothers me.
> Jack Mac Donald
> Sent via BlackBerry by AT&T
> ******************************
> 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: 3
Date: Fri, 25 Jun 2010 09:56:50 -0400
From: Jill Fisher <jillfisher47 at hotmail.com>
Subject: Re: [MassHistPres] Dendochronology consultant
To: <baarch at tiac.net>, Sarah Korjeff <skorjeff at capecodcommission.org>,
	Listserve MassHistPres <masshistpres at cs.umb.edu>
Message-ID: <SNT133-w45A414B5D6467212B6522ACCC70 at phx.gbl>
Content-Type: text/plain; charset="iso-8859-1"

We've worked with "Dr. Dendro" (Ed Cook) and have been happy with our work with him!  Here's his email:

drdendro at ldeo.columbia.edu

Jill Fisher, AICP 
Principal Planner 
Larson Fisher Associates, Inc. 
Historic Preservation & Planning Services 
PO Box 1394 
Woodstock, NY 12498 
845-679-5054 
jillfisher47 at hotmail.com 

www.larsonfisher.com 

Date: Thu, 24 Jun 2010 20:30:50 -0400
From: baarch at tiac.net
To: skorjeff at capecodcommission.org; masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Dendochronology consultant

Sarah Korieff:

Dendrochronology:

You might try an old reference: Dr. Edward P. Cook, Director, Tree-Ring Lab, Route 9W, Palisades, NY 10964.

David M. Buckley, AIA

-----Original Message----- 
From: Sarah Korjeff 
Sent: Jun 24, 2010 3:23 PM 
To: mass hist pres list 
Subject: [MassHistPres] Dendochronology consultant 

Can anyone suggest a consultant who uses dendochronology to help establish the date of old buildings?
Thanks,
Sarah Korjeff

-- 

Buckley & Associates, Inc.
Architecture, Interior Design, Planning
49 Washington Street
Winchester, MA 01890-2927
tel/fax: 781-729-8574
baarch at tiac.net 		 	   		  
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Message: 4
Date: Fri, 25 Jun 2010 10:14:39 -0500
From: "Joseph S. Larson" <larson at tei.umass.edu>
Subject: Re: [MassHistPres] Stone walls
To: "'Diane Gilbert'" <d.m.gilbert at comcast.net>,
	<ospreydesign at verizon.net>,	"'Untitled'" <masshistpres at cs.umb.edu>
Message-ID: <003301cb1479$22074050$6615c0f0$@umass.edu>
Content-Type: text/plain; charset="us-ascii"

Massachusetts law on stone walls is not robust. Stone walls along roads that
have been officially designated as "scenic roads" by town adoption of state
law, stone walls that mark the division of land between different
landowners, stones at parts of stone wall that mark the turning points of
property boundaries, have some level of protection depending on each
statute. Stone walls that run between parcels owned by the same person and
stone walls along public ways that are not scenic roads appear to be
unprotected. In the days when dirt roads were undergoing drainage
improvement and being surfaced with macadam, some towns purchased the
adjoining stone walls, crushed them and used them in the road
re-construction.

A "Handbook on Fence Viewers and Laws on Fences in the Commonwealth of
Massachusetts" may be available in town offices. If not, a $6.00 check sent
to me will ensure that one is mailed to you.

Joseph S. Larson

Fence Viewer

Town of Pelham

27 Arnold Road

Pelham, Massachusetts 01002-9757

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Diane Gilbert
Sent: Friday, June 25, 2010 8:47 AM
To: ospreydesign at verizon.net; Untitled
Subject: Re: [MassHistPres] Stone walls

Aren't there laws against removing stone walls?  I know it's the case for
"scenic roads". So what about presumably private landowners and the
permitting process? Any land in southeastern MA and elsewhere in the
Commonwealth would have had stone walls at some point in time after land was
cleared for farmland. Thanks for sending this alert along.  Perhaps someone
out there knows what's going on along Rt 24....the usual highway
construction work, no doubt.  Why not move the stones if the wall has to or
is permitted to be destroyed?  We've lost many of our emblematic stone wall
already. 

Diane Gilbert, Dartmouth, MA

On 6/25/10 10:23 AM, "ospreydesign at verizon.net" <ospreydesign at verizon.net>
wrote:

> Hi all,
> On my way to the sawmill in Assonet I saw some land clearing along Rt 24.

> They have exposed a lot of stone walls.  I spoke to the co clearing the
land 
> and they said the walls were going to be "crushed". That bothers me.
> Jack Mac Donald
> Sent via BlackBerry by AT&T
> ******************************
> 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: 5
Date: Fri, 25 Jun 2010 11:32:00 -0400
From: Jeff K <archaeology4kids at gmail.com>
Subject: Re: [MassHistPres] Stone walls
To: ospreydesign at verizon.net
Cc: Ma Histoiric <masshistpres at cs.umb.edu>
Message-ID:
	<AANLkTinTCkGMuS9Bd111JKDQXfW6AwDYpgKeD81ROstF at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

Hi Jack,

A couple of weeks ago, the Mass. House passed a new law (H.1694) designed to
strengthen the penalties related to theft of stone walls in Massachusetts.
This was long overdue, and is needed to help deter thieves.
However, there is virtually no protection for walls, as Mr. Larson states,
in certain situations. The one you mention may be one that falls into this
category. If the wall is not part of a scenic road, shared between two
properties, or if it is being lawfully taken from public lands, then there's
nothing to be done. Stone walls on a public way may or may not be protected,
depending on local statutes.
I don't know whose purview this particular wall falls under, but it would be
best to double check that this company is doing the right thing and has a
permit to remove the wall. Is the wall abutting the highway, on public or
private land, part of a scenic road or historic district? Is the company
working for the state, or is it a private developer? It's worthwhile finding
out.

Good luck,
Jeff Kotkin

On Fri, Jun 25, 2010 at 10:23 AM, <ospreydesign at verizon.net> wrote:

> Hi all,
> On my way to the sawmill in Assonet I saw some land clearing along Rt 24.
>  They have exposed a lot of stone walls.  I spoke to the co clearing the
> land and they said the walls were going to be "crushed". That bothers me.
> Jack Mac Donald
> Sent via BlackBerry by AT&T
> ******************************
> 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
> ********************************
>

-- 
Jeff K.
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