[MassHistPres] When is a fence not a fence?

[Dennis De Witt]

In that case, and given what is being built, one hopes you have adopted a rule, as part of your R&Rs, that what happens behind a wooden fence or shrubs is still subject to the "visible from a public way” rule, as if they were not there — as they can and should be deemed to be inherently temporary.

Dennis De Witt
Brookline.


On Aug 10, 2015, at 2:52 PM, Skelly, Christopher (SEC) <christopher.skelly at state.ma.us> wrote:

> 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
> 
>  
> 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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