[MassHistPres] does anyone have knowledge of historic commissions right and process to appeal before the state court

[Skelly, Christopher (SEC)]

Sally, 
Does the Harwich Historic District Commission typically review paint color in the local historic district?  A review of their current bylaw would make it clear whether they have review over paint color.  Most historic district commissions in Massachusetts have paint color in their bylaw as an exemption so it is not a reviewable project at all.  Chris.

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


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From: masshistpres-bounces at cs.umb.edu [masshistpres-bounces at cs.umb.edu] on behalf of sally urbano [urbanosally at yahoo.com]
Sent: Thursday, February 16, 2017 11:47 AM
To: masshistpres
Subject: [MassHistPres] does anyone have knowledge of historic commissions      right and process to appeal before the state court

Hello,
   Our library in conjunction with the town filed a cpc project and received a positive vote at town meeting.  The library contracted an architectural preservation firm to write an assessment and the proposal. The building is on the National Register and within a local historic district. The project is labeled as a preservation project . Interesting that the preservation is mainly on the columns. The rest of the money is for light chemical stripping replace/repair clapboards as needed and paint. Initially CPC turned the project down on maintenance vs. preservation. The CPC was pressured into revisiting their decision and then approved the project.. No one appeared before the historic commission until after all this was completed. Now the rub. The town and the library trustees want the building white as opposed to the historic colors that have been lifted. My understanding is that as a preservation project it must go before the Historic Commission for it colors based on Depart
 ment of the Interior guidelines.. The town stepped in before the hearing on the colors was even visited by the historic commission and submitted a certificate of appropriateness backed by town counsel that says that  painting it is a maintenance  issue and  the building can remain its white colors. Legal used the local historic district guidelines to make this decision.
This seems wrong to me and undermines our Historic Commission. What recourse would they have legally and with whom should they engage as I am certain the town would not approve any other legal opinion.
Any thoughts or personal knowledge ?

Sally Urbano
Harwich, Ma
individually

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