[MassHistPres] 40C vs Town by laws

[Doherty, Jennifer (SEC)]

Hi Nancy,

MGL Chapter 40C, Section 5<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40C/Section5> covers definitions for local historic districts. This includes "structures," "a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway." So yes, other district features outside of just buildings come under the HDC's review.


Section 8<https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40C/Section8> also allows HDCs to vote to exempt certain features from review, beyond what Alisa was noting: "(b) A commission may determine from time to time after public hearing that certain categories of exterior architectural features, colors, structures or signs, including, without limitation, any of those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit the authority of the commission with respect thereto, may be constructed or altered without review by the commission without causing substantial derogation from the intent and purposes of this chapter."


Mailboxes within certain size limits, or of certain designs, might be one of those features that your commission chooses to exempt after a public hearing.


Thank you,

Jenn



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>



________________________________
From: Nancy Dole <nlouisedole at gmail.com>
Sent: Thursday, June 23, 2022 3:56 PM
To: Doherty, Jennifer (SEC)
Cc: MassHistPres at cs.umb.edu; Alisa Struthers
Subject: Re: [MassHistPres] 40C vs Town by laws

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Are rfd mailboxes placed on the public road in front of a home in the district subject to review in local historic district? They are not listed as NOT subject to review. There were none in the district, so we never thought about it, but recently they have started to pop up here and there.
Nancy Dole
WEST TISBURY HDC

On Jun 23, 2022, at 8:17 AM, Doherty, Jennifer (SEC) <jennifer.doherty2 at state.ma.us> wrote:

 Hi Alisa,
MGL Chapter 40C, Section 8 is a list of exemptions communities can choose to adopt when they establish their local historic district bylaw. They can choose some, all, or none of the exemptions. If Townsend did not adopt the walls and fences exemption, your HDC must review walls and fences.
Thank you,
Jenn

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

________________________________
From: MassHistPres <masshistpres-bounces at cs.umb.edu> on behalf of Alisa Struthers <alisa_55 at verizon.net>
Sent: Wednesday, June 22, 2022 3:43:08 PM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] 40C vs Town by laws

MGL 40C sec 8 states walls and fences are excluded from review by the commission. Our Town bylaws does not list walls or fences as being excluded from review.
First time we have had an application for a fence in our town filled with fences in the    Historic Districts.
what is the bottom line for this...40C or town by laws
Thanks for any input
Alisa Struthers
Chairman
Townsend Historic District Commission

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