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

[Dennis De Witt]

I agree with Ralph's having emphasized what he has bold faced.  It is my understanding (subject to correction) that  "not affecting the historic district generally” is language and a concept derived from 40A — zoning.  I have been told that under 40A hardship would apply, for example, to a lot whose unusual configuration made it difficult or impossible to meet a zoning requirement that most properties in that zone could meet. 

Re an assertion that deteriorated windows need replacement — it would seem that the same rules should apply to windows as to any other seriously neglected part of the building — i.e. the owner is always free to do a like kind (i.e. single glazed) replacement together with storms.  

I would like to think that no commission would accept vinal siding as a substitute for wood claps.  Why then replacement windows as a non-like kind substitute for the originals with storms?

Dennis De Witt
Brookline                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

> On Jan 16, 2022, at 9:12 AM, Ralph Slate <slater at alum.rpi.edu> wrote:
> 
> 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 <mailto: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 <mailto: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 <mailto: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 <http://www.copperandslate.net/>
>>> The Copper & Slate Company, Inc.
>>> Fine Roofing and Historic Carpentry
>>> 238 Calvary Street,
>>> Waltham, MA 02453
>>> (781) 893-1916
>>> 
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