[MassHistPres] When is a fence not a fence?

[Dennis De Witt]

It sounds like a fence which is a kind of structure.  Does your LHD not regulate fences?  In Brookline it would be subject to review and subject to the design review adopted guidelines which, among other things, say that fences should not be more than 42” high and should be 50% open if in front of the front plane of the building.

Dennis De Witt

Brookline 


On Aug 10, 2015, at 2:30 PM, Mike <mikepotaski at hotmail.com> wrote:

> 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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