[MassHistPres] Public transportation and HDC's

[Gretchen Schuler]

And thank you, Charlie - I was wondering what I would say - I was the
Preservation Planner in Newton at the time - and yes it happened as Mr'
Sullivan recalls.  Wish I could remember what was being done to the
property. But yes, it was determined to be visible from a public way.
Gretchen Schuler
Wayland Historic District Commission



On Tue, Dec 20, 2022 at 3:31 PM Sullivan, Charles M. <
csullivan at cambridgema.gov> wrote:

> I served on an MAPC appeal panel in the 1990s that involved a Newton case
> of an historic district violation on a private way (this was before Newton
> went to the legislature and got their private ways declared public for the
> purpose of HDC review). The site visit involved boarding a Riverside Branch
> train at Reservoir to observe the property from the moving vehicle. (“There
> it goes … see it?”) There was no question in our minds that the property
> was publicly visible, even if only fleetingly.
>
>
>
> I’m glad to have the chance to record this story for posterity.
>
> ___________________________
>
> Charles Sullivan, Executive Director
>
> Cambridge Historical Commission
>
> 831 Massachusetts Avenue
>
> Cambridge, Mass.  02139
>
> 617 349-4684
>
>
>
> *From:* MassHistPres <masshistpres-bounces at cs.umb.edu> * On Behalf Of *Dennis
> De Witt
> *Sent:* Tuesday, December 20, 2022 1:44 PM
> *To:* Ann Clifford <aclifford at concordma.gov>
> *Cc:* MHC MHC listserve <MassHistPres at cs.umb.edu>
> *Subject:* Re: [MassHistPres] Public transportation and HDC's
>
>
>
> Ann
>
>
>
> I should have thought the argument could be made that if the MBTA owns and
> uses it, it is a public way just as much as, say, an expressway, even
> though the public is not intended to enter either on foot.
>
>
>
> Dennis De Witt
>
>
>
> On Dec 20, 2022, at 12:19 PM, Ann Clifford <aclifford at concordma.gov>
> wrote:
>
>
>
> Good afternoon,
>
>
>
> Where does public transportation fit into the definition of “public way”
> when it comes to Historic Districts? Are MBTA rail lines considered public
> or private? Are train cars consider a public place?
>
>
>
> Review of a property on the railroad right of way recently came before the
> Concord HDC. (It was the Alcott family’s first house in Concord and was
> used as inspiration for the family home described in the book, *Little
> Women*. The Alcotts were well-known abolitionists.) The current owner of
> the property in question stated that the railroad is privately owned and
> therefore exempt from HDC review.
>
>
>
> To me, the spirit of the Historic Districts Act should allow for HDC
> review of projects open to view from public transportation. Does the letter
> of the Act allow for it? Consider the millions of people whose only glimpse
> of the town is through the window of a train. In the case of Concord, a
> town of several well-known abolitionists who provided refuge for people
> seeking freedom from their enslavers via the Underground Railroad, that
> view from the train is especially important.
>
>
>
> The Purpose of the HDC in Concord, founded by Special Act, is slightly
> different from other HDC’s in the Commonwealth:
>
>
>
> The purpose of this Act is to promote the educational, cultural, economic
> and general welfare of the public through the preservation and protection
> of buildings, places and districts of historic or literary significance
> through the development and maintenance of appropriate settings for said
> buildings, places and districts and through the maintenance of said
> buildings, places and districts as sites and landmarks compatible with the
> literary and historic tradition of Concord.
>
>
>
> In defining the jurisdiction of the Concord Historic District Commission
> Special Act uses this language:  “open to view from a public street, way
> or place.” This differs slightly from the more specific language of MGL
> 40c: “open to view from a public street, public way, public park or
> public body of water.”
>
>
>
> Does anyone have experience with this?
>
>
>
> Thank you so much for your help!
>
>
>
> Sincerely,
>
>
>
> Ann
>
>
>
>
>
> Ann Clifford, Senior Planner
>
> Concord Planning Division
>
> 141 Keyes Road
>
> Concord, MA 01742
>
> 978-318-3290
>
>
>
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