[MassHistPres] When is a fence not a fence?

[Sullivan, Charles M.]

Chapter 40C, Section 5, defines structure as "a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway." If this palisade is publicly visible, it is absolutely within the jurisdiction of an historic district commission.

_________________________________
Charles Sullivan, Executive Director
Cambridge Historical Commission
831 Massachusetts Avenue
Cambridge, Mass.  02140
617 349-4684

From: 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
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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