[MassHistPres] Exemption issues

[Skelly, Christopher (SEC)]

George, FYI, the state law for local historic districts has this language.

Chapter 40C: Section 9. Maintenance and repair, etc.
Section 9. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by-law.

Chris Skelly
Director of Local Government Programs
Massachusetts Historical Commission
Christopher.Skelly at state.ma.us<https://owa.sec.state.ma.us/OWA/redir.aspx?C=38937adc663d493e9132c4f21f50a281&URL=mailto%3aChristopher.Skelly%40state.ma.us>



From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of George Triantaris <geo.triantaris at hotmail.com>
Sent: Wednesday, August 12, 2020 12:38 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Exemption issues

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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