[MassHistPres] Exemption issues

[Dennis De Witt]

With or without amending the by-law, I believe that under 40c you can not force someone who must replace something, say a vinal window, to use wood if the vinal was in place at the creation of the LHD (or was later changed with commission approval).  It is grandfathered.

Dennis De Witt
Brookline

> On Aug 12, 2020, at 12:38 PM, George Triantaris <geo.triantaris at hotmail.com> wrote:
> 
> Harvard, like many towns, based its historic district bylaw on the commonwealth example, and includes an exemption for changes that are deemed to be “ordinary maintenance, repair or replacement of any exterior architectural feature…which does not involve a change in design, material or the outward appearance thereof.”  We are working on updating our rules and have realized that in a situation where an undesirable feature exists (e.g. vinyl siding or plastic shutters) and the homeowner seeks to replace it in kind we would not be able to correct the past mistake.  Of course if the change was made without permission the commission could have tried to have it corrected at the time but we are concerned about situations where the change was made long ago and was not addressed.  Has anyone encountered this?  Any idea on how to get around it without amending the Bylaw?  
> 
> Many thanks,
> 
> George Triantaris, Secretary, Harvard Historical Comssion
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