[MassHistPres] Ordinary Maintenance Chapter 40C Section 9

[Patricia Kelleher]

In Salem, we ask property owners to submit an application for any proposed exterior work even inkind repairs and work that an applicant considers not visible. The Historical Commission is ultimately the decision-maker on whether the proposed work complies with in-kind repair/replacement or is not visible from a public way. In many instances, the application shows that the proposed work does constitute a change under the ordinance or is visible from a side street not considered by the applicant.

Patti

Patti Kelleher
Preservation Planner
City of Salem | Department of Planning & Community Development
98 Washington St., 2nd Floor | Salem, MA  01970
978-619-5685  ext. 42510 | pkelleher at salem.com<mailto:pkelleher at salem.com>
[Salem Logo - Small]


From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Ralph Slate
Sent: Saturday, October 2, 2021 2:47 PM
To: masshistpres at cs.umb.edu
Subject: Re: [MassHistPres] Ordinary Maintenance Chapter 40C Section 9

Springfield has always considered replacement "in-kind", meaning with the same design and materials, to be a non-applicable change under that provision. The challenge is that very often, a homeowner's interpretation of "same design and materials" does not match reality.

Ralph Slate
Springfield, MA
On 10/2/2021 8:09 AM, George Triantaris wrote:
Ordinary Maintenance Chapter 40C Section 9

Wondering if anyone has run into an issue with homeowners claiming that this section which allow for the "ordinary maintenance, repair or replacement" of architectural features that does not involve a change in design or materials.... allows for the replacement of an existing structure (for example a fence or a chimney) as long as it appears the same as the original with no certificate or a non-applicable certificate.  The Commonwealth Guidebook states that this only applies to "very minor replacements or architectural features" which would not cover a new fence or chimney even if it looks identical to the original.  I personally feel the wording is misleading and can cause confusion.  Hoping others have encountered this and have some advice as to how to deal with it.

Many thanks,

George Triantaris, Chair
Harvard Historical Commission

________________________________
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Sent: Tuesday, September 21, 2021 9:21 AM
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Subject: MassHistPres Digest, Vol 45, Issue 19

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Today's Topics:

   1. Upcoming Historic Preservation Workshops from MHC
      (Doherty, Jennifer (SEC))
   2. Historic Districts - records retention (John L. Worden)


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Message: 1
Date: Mon, 20 Sep 2021 17:22:42 +0000
From: "Doherty, Jennifer (SEC)" <jennifer.doherty2 at state.ma.us><mailto:jennifer.doherty2 at state.ma.us>
To: "masshistpres at cs.umb.edu"<mailto:masshistpres at cs.umb.edu> <masshistpres at cs.umb.edu><mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] Upcoming Historic Preservation Workshops from
        MHC
Message-ID: <23ce0baa38cf438c8225b661a216d63c at sec.state.ma.us><mailto:23ce0baa38cf438c8225b661a216d63c at sec.state.ma.us>
Content-Type: text/plain; charset="utf-8"

Hello all,
I am pleased to announce that I have put together a schedule of workshops for the rest of the year. Thank you to those who completed the workshops survey and helped me put this together! These will be held over Zoom and will be limited to 25 attendees per workshop, to encourage questions and discussion afterwards. All of these will run again, so if you miss one this time look for it in the new year!

Click on the links below to register for the workshops. Registration will close when space is filled or 24 hours before each workshop. If you have any questions, please feel free to contact me.
Thank you,
Jenn


Introduction to Historic Preservation<https://www.eventbrite.com/e/173024008467>, Thursday, October 7, 1 pm
You were appointed to a local historical commission or historic district commission - now what? This workshop will cover the basics to help you be an educated commissioner familiar with the terminology and programs of the historic preservation field. There will be a high-level discussion of the key historic preservation tools, but their details and implementation processes will be covered in other workshops. You will come away from the presentation being able to speak knowledgeably about your commission and its role in the community, and having a sense of how to develop a work plan for your commission.


Developing an Historic Preservation Plan<https://www.eventbrite.com/e/173601084517>, Wednesday, October 20, 10 am
Historic preservationists are often reactive - a property in your community is threatened, and you are spurred into action. But how can your local historical commission and wider preservation community be more proactive? Developing an historic preservation plan for your community can help you understand your historic resources better, see where there are gaps in your knowledge and level of protection, and help you discover the key preservation tools you might be missing. In this workshop you will learn more about what goes into a preservation plan, why it is important, and how you might prepare one for your community.


Historic Resources Survey and the National Register of Historic Places<https://www.eventbrite.com/e/173604765527>, Tuesday, November 2, 1 pm
One of the most important tasks a local historical commission can undertake is to identify and evaluate the community's historic resources. This is primarily done through survey and inventory work, which documents historic resources on standardized forms produced by the Massachusetts Historical Commission. Then you can evaluate your historic resources for potential listing in the National Register of Historic Places. Learn more about the survey process and National Register designation in this workshop, and especially how the two work hand-in-hand to help you deepen your understanding of your local historic resources.


Architectural Styles, Forms, and Building Technologies of Massachusetts<https://www.eventbrite.com/e/173627122397>, Tuesday, November 16, 10 am
Many local commission members may have a wealth of knowledge about their community's history, but feel less sure speaking about their community's architecture. This workshop will provide a very high-level overview of residential house forms, architectural styles, and changes in building technology found in Massachusetts. Ranging from the First Period of settlement to the early 20th century, this workshop will allow you to better identify the historic resources in your community, more accurately date them, and set them into a larger context so you can evaluate their significance.


The Basics of Running a Good Commission<https://www.eventbrite.com/e/175654706957>, Wednesday, December 1, 7 pm
The general public often has few interactions with historic preservationists, and often when they do, it is in tense meetings dealing with their private property or potential losses of significant community landmarks. This workshop will discuss how to run smooth and efficient meetings, as well as how to keep your commission in line with Open Meeting Law requirements and general best practices for local government commissions.


Establishing Local Historic Districts<https://www.eventbrite.com/e/175658618657>, Thursday, December 16, 10 am
Local historic districts provide one of the strongest forms of protection for historic properties in Massachusetts. This workshop will cover the process by which communities can establish local historic districts under Massachusetts General Laws Chapter 40C. Learn all about the outreach process, the legalities of establishing local districts, completing a Study Report, and making it through Town Meeting or City Council. This workshop will focus exclusively on establishing local historic districts; administration of local historic districts and design review will be covered in a separate workshop.



Jennifer B. Doherty
Local Government Programs Coordinator
Massachusetts Historical Commission
220 Morrissey Boulevard
Boston, MA 02125-3314
Office: (617) 727-8470
Remote: (617) 807-0685
Jennifer.Doherty at sec.state.ma.us<mailto:Jennifer.Doherty at sec.state.ma.us>

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Message: 2
Date: Mon, 20 Sep 2021 17:15:42 +0000
From: "John L. Worden" <jworden at swwalaw.com><mailto:jworden at swwalaw.com>
To: MHC List Serv <masshistpres at cs.umb.edu><mailto:masshistpres at cs.umb.edu>
Subject: [MassHistPres] Historic Districts - records retention
Message-ID:
        <BL0PR0102MB360162D4932718192C10F317B2A09 at BL0PR0102MB3601.prod.exchangelabs.com><mailto:BL0PR0102MB360162D4932718192C10F317B2A09 at BL0PR0102MB3601.prod.exchangelabs.com>

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This is an inquiry to historic district commissioners.  Under Ch. 40C, certificates of appropriateness, non-applicability, and hardship, as well as denials, are to be filed with the city or town clerk - the only official custodian of record for actions of the commission. In Arlington we have been filing these oddments with the  town clerk ever since the  first district was established in 1977.  In recent years, this might have resulted in ~50 pages per year.

Our new town clerk (who seems to want to change everything) proposes to dispose of all certificate more than two years old.  We are not happy about such a policy.  What is the policy in your city or town?

Thank you,

John Worden, Arlington Historic Districts

John L. Worden III, Esq.
27 Jason Street
Arlington, Massachusetts 02476

(617) 957-9195 - mobile
(617 227-1961 -  fax


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