[MassHistPres] When is a fence not a fence?

[Skelly, Christopher (SEC)]

Michael, as I understand it, your Uxbridge local historic district bylaw specifically excludes the review of fences and walls.  Fences are not typically an exclusion in a local historic district bylaw.  It appears Uxbridge added this in when it was passed by town meeting in 2004.   Please feel free to contact me with any questions. Chris.

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<mailto:Christopher.Skelly at state.ma.us>

From: masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu> [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Mike
Sent: Monday, August 10, 2015 2:30 PM
To: masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] When is a fence not a fence?

A property owner in the historic district is building a palisade with 8x8 posts and 2x6 boards on the front side of his lot. The Uxbridge Historic District Commission issued a "stop work" order and invitation to appear at our next meeting to discuss. The property owner responded that his massive structure is a fence and not within the Commission's jurisdiction.

Has MHC issued any regulations or opinions as to the definition of a fence? Does anyone know of any case law?

Our Building Inspector has taken an interest because no permit has been issued for the work.

Michael R. Potaski
Chairman, Uxbridge Historic District Commission
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