[MassHistPres] FUNDING SOURCES FOR REPAIR OF A PRIVATE HOME IN THE HISTORIC DISTRICT?

[heartwood]

I responded directly to jim earlier...
I often invite homeowners to undertake the work on their sash in my shop with my 
guidance and tools...this offers the homeowner a big discount and the chance to better
understand how their windows operate and gain confidence in doing the work themsleves...
I gave jim nancy barrington’s contact info suggesting that perhaps she offers the same....

storm windows will buy a lot of time for sash that has failed paint and putty allowing for
work to be done in phases while funding is available...

maintain your windows and you’ll be happy you did!
.......jade

jade mortimer
heartwood window restoration
po box 114 1605 mohawk trail
charlemont, ma 01339
413-625-8680

From: Ralph Slate 
Sent: Sunday, January 16, 2022 9:12 AM
To: masshistpres at cs.umb.edu 
Subject: Re: [MassHistPres] FUNDING SOURCES FOR REPAIR OF A PRIVATE HOME IN THE HISTORIC DISTRICT?

I don't think commissions often interpret the 40C statute properly. Here it is:


  the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this chapter.


I interpret this as saying that the commission must first determine if there is a condition especially affecting the structure, something that does not affect the district in general, and then if that is true, the application must then be judged to balance the hardship to the owner (financial or otherwise) against the detriment to the public welfare with respect to the intent of historic preservation.

If the replacement of windows is being undertaken voluntarily, not due to a specific condition, it cannot be a hardship. I believe there is case law in Massachusetts regarding this point, that a 40C hardship cannot be self-imposed (in other words, if you demolish your house without permission, it isn't a hardship that you must put it back, even if this is great expense). 

The way a window replacement could be deemed hardship is if the windows are damaged or deteriorated beyond feasible repair. At that point, it becomes condition specific to the building, but not to the district in general.

Then, a commission should weigh the options, and attempt to balance them between the impact to the owner and the detriment to the district. Try to hit as many points in your appropriateness guidelines as possible. This is the art, not the science, and it depends on what each commission values most. Lowest-cost option does not automatically win here.


Ralph Slate
Springfield, MA





    On Fri, Jan 14, 2022 at 12:42 PM Garrett Laws <copperandslate at gmail.com> wrote:

      Additionally (assuming 75+ year old windows) reglazing, painting and adding storms is a MUCH smaller financial endeavour.  

      I’ll never understand why commissions simply allow owner to state “I have a hardship” and nothing further is asked. If anyone can afford a 200+ year old home with windows being the conversation (not structural issues, paint, leaking roof etc etc etc) a “hardship” really isn’t what’s going on. 

      How about a notarised statement from an accountant saying that the owner can’t afford to repair and must replace said item. How about a legal document being tied to the deed stating that historically accurate windows will be installed upon the property being transferred to a new owner. 

      The majority of this group is charged (loosely) with retaining the historic fabric of our cities and towns. Why is it that a single word negates that?

      Garrett laws
      Mass resident, contractor and generally amazed citizen 

      On Thursday, January 13, 2022, Dennis De Witt <abtdewitt at rcn.com> wrote:

        Why is he replacing them?  Why not storms? 

        Dennis De Witt
        Brookline



          On Jan 13, 2022, at 11:18 AM, jaygmca at aol.com wrote:

          The owner of a 200+ year old private home in our historic district is experiencing financial hardship in conforming to the Historic Commission’s guidelines for window replacement. Does anyone know of funding sources (grants, tax credits, loans) that might be available ease the financial burden? The property consists of a main residence and a rental apartment in an accessory building.  


          I am grateful for any advice you can offer.

          Jim McAuliffe
          Wellfleet Historical Commission
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      -- 


      Many Thanks,
      Garrett Laws


      www.copperandslate.net
      The Copper & Slate Company, Inc.
      Fine Roofing and Historic Carpentry
      238 Calvary Street,
      Waltham, MA 02453

      (781) 893-1916

      LEAD FREE SINCE 2008


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