[MassHistPres] What is "substantially similar"?

[James Hadley]

I can cite to you my own experience, relevant, but not exactly to the point, here. 
In (approx.) 1997 an historic McKim Mead White house at the eastern end of Long Island burned to the ground. It was one of a number of MMW houses in a small summer colony built in the 1880's. The owners - rather high-profile NY celebrities, decided to duplicate the house, at least visually. (Not structurally, as codes have changed, as well as construction practices.) 
The house was indeed reproduced, after being carefully analyzed from old remaining photographs. 
The net result was positive. There was a re-interest in the historic district and a number of neglected houses in the small district were purchased and improved, assuring their survival. And much was learned in the process of duplication. This information remains as part of the general knowledge about the place and the buildings.
There is a video available that documents the entire episode entitled "From the Ashes." I believe it may still be available from the filmmaker - Scott Morris productions, in New Jersey.
Perhaps this experience, if brought to the attention of local authorities, may inform the process as it proceeds. It is unusual for a town to find itself in the position of looking at an historical reconstruction brought about as the result of a fire. It was certainly a first for me. I would be happy to assist you with any information I have, if needed.
James Hadley
Former Chair, Orleans Historical Commission

Sent from my iPad

On Oct 15, 2014, at 7:30 AM, Mike <mikepotaski at hotmail.com> wrote:

> The Uxbridge Historic District Commission anticipates receiving an application to rebuilt an historic building that was destroyed by fire.
>  
> The Town Bylaw, adopted from the model, excludes jurisdiction over plans that are "substantially similar" to the destroyed building.
>  
> Is there any definition or precedent that illuminates what this term means? How have other Commissions dealt with the question?
>  
> Thank you,
>  
> Michael R. Potaski
> Uxbridge (MA) Hist Dist Comm member
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