[MassHistPres] Historic District Fences

[Ralph Slate]

Hi Sarah --

Springfield has a clause in its bylaw that says that it exempts "Fencing not lying between the foundation line and the public way."

That means that all other fencing is controlled on a case-by-case basis, with the intent that fences are generally not permitted. 

In some cases the SHC has granted fencing under appropriateness, for example, one of our districts has a lot of historic cast-iron front yard fencing, so properties looking to add similar fencing have been allowed to do so.

The SHC has also granted fencing under hardship. 

In some of those hardship cases it has done this because of unusual plot layouts - for example, on a corner lot it has granted a fence that does not extend beyond the front foundation line but is between the side foundation line and the public way - provided that the design is congruous with the neighborhood (i.e. no 6 foot stockades). We also have some trapezoidal plots which make the "not between the foundation line and public way" more onerous.

In other cases of hardship the SHC has granted front-yard fencing due to a particular issue affecting a property specifically - for example, if a property can document that they are having issues with trespassing, we may grant a temporary fence (maybe 2-3 years) that allows the neighborhood to adjust to not being able to trespass on a property (we have found that trespassing happens when a property has been abandoned, but then redeveloped and occupied).

I remember another case where we granted a stockade fence that was along the side of the front yard because a neighboring property had a grandfathered front yard parking lot, and the solid fence blocked the car lights.



Another example might be fencing for a parcel without a property on it (meaning that there is no exemption since there is no foundation line). The SHC will often allow a fence that respects the foundation lines of the lot's adjacent properties. 

The SHC has shied away from granting fencing for general "safety fears", as well as fencing which I describe as the "middle finger fence" - which would be a homeowner who comes in complaining how the "neighborhood has changed", and therefore they want a six-foot high front yard fence. 

Ralph Slate
Springfield MA


On Wed, 31 Aug, 2016 at 9:22 AM, Sarah LaValley <slavalley at northamptonma.gov> wrote:
 

To: masshistpres at cs.umb.edu


I am doing some research into whether any communities with Local Historic Districts regulate fencing.
If your community's LHD considers fencing in any way other than a category of project to which review does not extend/is exempt, what language and definitions are used?


Thanks very much-








Sarah I. LaValley
Conservation, Preservation and Land Use Planner
City of Northampton 
Office of Planning and Sustainability
210 Main Street, Room 11
Northampton MA, 01060
413-587-1263



<https://docs.google.com/a/northamptonma.gov/uc?id=0B3juOmvcpDiSdF8wZU44OHRaOUU&amp;export=download>




 
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