[MassHistPres] Compliance Reporting (Chris Milford)

Fri Sep 1 10:57:58 EDT 2017

In Natick we are similar to Arlington.  We assign a "resource person" to
each application primarily to provide the applicant with an easy resource
when they need to make minor changes during construction.  This works well
for most applicants but it relies on voluntary compliance.  The building
department enforces the building code and zoning regulations, but generally
is not looking for compliance with the CofA.  We are pursuing Town approval
for a HDC sign-off on the building permit to ensure compliance .  We know of
two other towns that have implemented this .  You might also want to look at
Rockport's Rules, Procedures, and Regulations for their detailed Compliance
Violation Resolution Process.  
Chris Milford
Natick Historic District Commission

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Today's Topics:

   1. compliance reporting (John Worden)
   2. Historic house demo in swampscott (Richard Smith)

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Message: 1
Date: Thu, 31 Aug 2017 11:29:10 -0400
From: "John Worden" <jworden at swwalaw.com>
Subject: [MassHistPres] compliance reporting
To: <masshistpres at cs.umb.edu>
Message-ID: <003601d3226d$e4a87020$adf95060$@swwalaw.com>
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In Arlington, every time a certificate is issued for a project in one of our
7 historic districts, we appoint one of our members as the "monitor" for
that project.  He/she becomes the contact person for the property owner.  If
issues come up, the monitor resolves them, or, in difficult cases, refers
them to the HDC's next meeting for guidance.  If it's a large or complicate
project, we may appoint 2 monitors, one of whom has architectural
experience.  When the project is completed, the monitor is supposed to so
report to the commission, so that it can be taken off the very long list of
open certificates which accompanies the agenda of each monthly  meeting.

John Worden
Arlington HDC

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Sent: Thursday, August 31, 2017 9:31 AM
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Subject: MassHistPres Digest, Vol 138, Issue 13

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Today's Topics:

   1. Compliance Self-Reporting (Andrew Shveda)
   2. Re: Compliance Self-Reporting (Nancy Miller)
   3. Re: Compliance Self-Reporting (Patricia Kelleher)

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Message: 1
Date: Wed, 30 Aug 2017 08:53:56 -0400
From: Andrew Shveda <ashveda at gmail.com>
Subject: [MassHistPres] Compliance Self-Reporting
To: masshistpres at cs.umb.edu
Message-ID:
	<CAC7ttronDpmEjfR+qK8PuMfzm02OJMxjX4neasgToX7TLQ7DFw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

The Worcester Historical Commission is currently working on revising and
updating the rules and regulations pertaining to the three Local Historic
Districts found in the city, Massachusetts Avenue, Montvale and Crown Hill.
One item we have been struggling with is how to ascertain compliance with
issued Certificates of Appropriateness. We currently have one dedicated
Historic Preservationist on staff, and that is a new development which we
are very grateful for. But asking this person to be responsible for
compliance checks and fulfill all the other duties of the role is not
possible. Especially since we will hopefully soon be reevaluating our
Demolition Delay Bylaws and making some changes with regards to compliance
as well.

The question is, how to other communities' HC's and LHC's  handle compliance
checks as well as penalties for failure to comply with the issued
certificates?

One idea that was passed around was to ask the applicant to submit a
self-report form with a detailed narrative supported with photographic
evidence describing how the specific points of the Certificate of
Appropriateness was adhered to. We could then sign off on them either
administratively or as a commission and then close out he application.

If this where to be successful we would think about applying this to
Demo-Delay applications as well since we see many more of those than
Certificates of Appropriateness applications in LHD's.

I would be grateful for any input on what your community does to enforce
compliance and thoughts on this particular idea in general.

Best Regards,

Andrew Shveda, AIA NCARB
Chairman
Worcester Historical Commission
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Message: 2
Date: Wed, 30 Aug 2017 16:50:13 -0400
From: Nancy Miller <nancyjoymiller at gmail.com>
Subject: Re: [MassHistPres] Compliance Self-Reporting
To: Andrew Shveda <ashveda at gmail.com>
Cc: masshistpres at cs.umb.edu
Message-ID:
	<CAJrvgZoYmucBMu-CxDftryDxu_fXzLfX9Xwh4W8puKaONpWefA at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Hi Andrew
I think it's critical that you develop a solid working relationship with the
city's Building Inspector.  Their department would be the final sign off for
any conditions with the building permit. Wareham gives the Town Clerk and
the Building Inspector the Order of Conditions for any Certificate of
Appropriateness  involving properties that fall under the purview of the
Commission. The more information the Inspector's office has,such as your
revised rules and regulations, maps, or information on previous projects,
the better/ easier the process Wishing you well Nan Miller Wareham

On Wed, Aug 30, 2017 at 8:53 AM, Andrew Shveda <ashveda at gmail.com> wrote:

> The Worcester Historical Commission is currently working on revising 
> and updating the rules and regulations pertaining to the three Local 
> Historic Districts found in the city, Massachusetts Avenue, Montvale 
> and
Crown Hill.
> One item we have been struggling with is how to ascertain compliance 
> with issued Certificates of Appropriateness. We currently have one 
> dedicated Historic Preservationist on staff, and that is a new 
> development which we are very grateful for. But asking this person to 
> be responsible for compliance checks and fulfill all the other duties 
> of the role is not possible. Especially since we will hopefully soon 
> be reevaluating our Demolition Delay Bylaws and making some changes 
> with regards to compliance as well.
>
> The question is, how to other communities' HC's and LHC's  handle 
> compliance checks as well as penalties for failure to comply with the 
> issued certificates?
>
> One idea that was passed around was to ask the applicant to submit a 
> self-report form with a detailed narrative supported with photographic 
> evidence describing how the specific points of the Certificate of 
> Appropriateness was adhered to. We could then sign off on them either 
> administratively or as a commission and then close out he application.
>
> If this where to be successful we would think about applying this to 
> Demo-Delay applications as well since we see many more of those than 
> Certificates of Appropriateness applications in LHD's.
>
>
> I would be grateful for any input on what your community does to 
> enforce compliance and thoughts on this particular idea in general.
>
> Best Regards,
>
>
> Andrew Shveda, AIA NCARB
> Chairman
> Worcester Historical Commission
>
>
> ******************************
> For administrative questions regarding this list, please contact 
> Christopher.Skelly at state.ma.us directly.  PLEASE DO NOT "REPLY" TO THE 
> WHOLE LIST.
> MassHistPres mailing list
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>
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Message: 3
Date: Thu, 31 Aug 2017 12:45:58 +0000
From: Patricia Kelleher <pkelleher at Salem.com>
Subject: Re: [MassHistPres] Compliance Self-Reporting
To: Andrew Shveda <ashveda at gmail.com>, "masshistpres at cs.umb.edu"
	<masshistpres at cs.umb.edu>
Message-ID:

Content-Type: text/plain; charset="utf-8"

Hi Andrew,

The Salem Historical Commission has been experiencing the same challenge
with ensuring that work completed in the City?s historic districts complies
with the approved certificate. This is particularly difficult to monitor
since many property owners do not start work immediately after receiving
approval from the Commission and may wait until up to one year to complete
the work. In several recent cases, the Commission discovered after the fact
that the work completed was in violation of the approved design.  I
contacted other historic district commission staff to learn more about their
local processes and can send you this information.  Based on this research,
the Salem Historical Commission has now added the following language to
Certificates of Appropriateness:

?Upon completion of work, please notify Historical Commission staff for
final review and sign-off of Certificate.?

We are also working with the Building Inspector and IT to develop a
notification system on our ViewPermit software to alert SHC staff when an
owner in an historic district applies for a building permit so that we are
aware when work starts. We are also working to develop a departmental
process that requires final review and approval by SHC staff before a
building permit can be signed-off by the Building Inspector.

Please feel free to give me a call if you would like more information.

Best,

Patti

-----------------------------
Patti Kelleher
Preservation Planner, City of Salem
Department of Planning & Community Development
120 Washington Street, 3rd Floor
Salem, MA 01970
Phone: 978-619-5685/ Fax: 978-740-0404
pkelleher at salem.com<mailto:pkelleher at salem.com>
www.salem.com<http://www.salem.com/>

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Andrew Shveda
Sent: Wednesday, August 30, 2017 8:54 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Compliance Self-Reporting

The Worcester Historical Commission is currently working on revising and
updating the rules and regulations pertaining to the three Local Historic
Districts found in the city, Massachusetts Avenue, Montvale and Crown Hill.
One item we have been struggling with is how to ascertain compliance with
issued Certificates of Appropriateness. We currently have one dedicated
Historic Preservationist on staff, and that is a new development which we
are very grateful for. But asking this person to be responsible for
compliance checks and fulfill all the other duties of the role is not
possible. Especially since we will hopefully soon be reevaluating our
Demolition Delay Bylaws and making some changes with regards to compliance
as well.

The question is, how to other communities' HC's and LHC's  handle compliance
checks as well as penalties for failure to comply with the issued
certificates?

One idea that was passed around was to ask the applicant to submit a
self-report form with a detailed narrative supported with photographic
evidence describing how the specific points of the Certificate of
Appropriateness was adhered to. We could then sign off on them either
administratively or as a commission and then close out he application.

If this where to be successful we would think about applying this to
Demo-Delay applications as well since we see many more of those than
Certificates of Appropriateness applications in LHD's.

I would be grateful for any input on what your community does to enforce
compliance and thoughts on this particular idea in general.

Best Regards,

Andrew Shveda, AIA NCARB
Chairman
Worcester Historical Commission

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Message: 2
Date: Thu, 31 Aug 2017 21:21:20 -0400
From: "Richard Smith" <rcsmitharch at verizon.net>
Subject: [MassHistPres] Historic house demo in swampscott
To: <masshistpres at cs.umb.edu>
Message-ID: <00de01d322c0$9ed34ef0$dc79ecd0$@verizon.net>
Content-Type: text/plain; charset="us-ascii"

We are looking at a developing situation here in Swampscott.  133 Puritan
Road, a waterfront house from 1913, faces a development proposal that would
entirely remove the buildings and vegetation to construct 3 condo buildings
with 16 units on a 1.06 acre site.  The property, which is inventoried under
SWA 494 and 1620, is a Classical Revival summer home on the water.  Our
researcher, Lisa Mausolf, identifies this as National Register eligible and
potentially an element of a small historic district with several nearby
houses.  The house and its grounds are the backdrop to Swampscott harbor as
seen from Fisherman's Beach and an important survivor of the summer estates
era in Swampscott.  The town does not have a local historic district in
place here at this point.  The town will be looking at the usual zoning,
public safety, traffic and FEMA flood zone issues, but the Historical
Commission is charged with protecting Town historic resources.

The developer has applied to MassHousing for a 40B approval, allowing them
to override the zoning requirements for this area.  They propose to make 4
units affordable, and they anticipate a total sale revenue for the 16 units
of $17 million.  Have other communities faced similar situations in which
significant historic properties were threatened by 40B development?  Has any
community successfully argued with MassHousing that significant historic
sites should not be considered suitable for this type of development?  The
town does have areas that have been identified in our new master plan as
appropriate for affordable housing.  But not here.

Richard Smith
Swampscott Historic Commission

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