[MassHistPres] Local Building Codes & Historic Structures: MVCMA on Martha's Vineyard

[Gretchen Schuler]

The Camp Meeting is also listed in the State Register due to the National
Register district and National Historic Landmark status, as I am sure you
know.  The Historic Building Code is in Chapter 34 of Mass Building Code and
it says something like this (it may have been amended - this is something
that I keep in my LHDC notebook):

 

"Massachusetts Building Code Chapter 34, entitled "Repair, Additions, and
Change of Use of Existing Buildings" (780 CMR 34) has a special section on
historic buildings (780 CMR 3409).  Historic buildings are identified as
"totally preserved" -- essentially NR listed house museums, on a
Massachusetts Historical Commission-certified list, and "partially
preserved" buildings, other NR individually listed or contributing buildings
or individual listing -eligible  buildings.  If a building is a totally
preserved building, repairs, maintenance and restoration are allowed without
conformity to the existing building code provisions provided that certain
safety requirements (special fire protection, exit signs and emergency
lights, maximum occupancy, limited egress) are met. Building systems of
partially preserved buildings are permitted to be repaired or replaced in
kind without requiring compliance with the code for new construction.  Other
exceptions to the building code pertaining to roofing, windows,
entries/porches, wood siding/decorative elements, masonry, metals and
interior features are permitted for partially preserved buildings "so as not
to compromise the architectural integrity of the historical characteristics
and qualities which contributed to the eligibility for listing " in the NR.
Historic buildings are exempt from the energy code, and have special
provisions in the accessibility code."

 

Of course your cottage contributes to the district.  In any event I am
pretty sure that if you do replacement in stages - don't remove all to
rebuild all - you should be able to do it as a repair.  I would really go to
the mat on this one as those cottages are wonderful and so well preserved.
Good Luck.   

 

Gretchen Schuler

Wayland HDC 

 





 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Ferriell, Jeffrey
Sent: Thursday, April 16, 2015 12:07 PM
To: 'masshistpres at cs.umb.edu'
Subject: [MassHistPres] Local Building Codes & Historic Structures: MVCMA on
Martha's Vineyard

 

Good afternoon

 

I'm the President of the Martha's Vineyard Camp Meeting Association, in Oak
Bluffs. There are over 300 historic Victorian cottages on the grounds of the
MVCMA, and we are a National Historic Landmark.

 

A new building inspector has decided that we can't replace our historic
porch and balcony railings with railings shorter than what the code requires
(36" I think).  There are bound to be other similar issues (e.g., egress
windows), in the future.

 

The MVCMA is not part of the Oak Bluffs, "Cottage City" historic district
and thus is not governed by a municipal "historic preservation" ordinance.
But, we have our own, private historic preservation rule and follow the
Dept. of Interior Guidelines, partially to maintain our Landmark status and
partially just to maintain the historic architectural features of the
buildings on our land, because we believe that it is the right thing to do
and preserves features of our buildings that help make it a distinct
community.

 

Can anyone provide me with some guidance about how to approach this. I'll be
happy to hear from you on the list of off, either at
jferriell at law.capital.edu or at president at mvcma.org 

 

We're planning to meet with the building inspector, but would like to gather
as much information about how this problem may have been handled in other
areas as possible.

 

Thanks for any assistance you can supply.

 

Jeff Ferriell
President, MVCMA

8 Cottage Park

 

--

Jeffrey T. Ferriell

Professor of Law

Capital University Law School

303 E. Broad Street

Columbus, OH 43215

 

614.236.6683 (office)

614.444.3994 (home)

508.6969.1984 (Martha's Vineyard)

 

CONFIDENTIALITY NOTE: The information transmitted, including attachments, is
intended only for the person(s) or entity to which it is addressed and may
contain confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon this
information by persons or entities other than the intended recipient is
prohibited. If you received this in error, please contact the sender and
destroy any copies of this information.

                                                     

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.umb.edu/mailman/private/masshistpres/attachments/20150416/b650ee34/attachment.htm>