Historic Districts Commission Seeks Authority To Deal With Temporary Structures, Viewsheds [with video]
The Historic District Commission [HDC] will be asking voters at Fall Town Meeting Oct. 21 to approve an article that will "codify" the specific authority granted to the HDC under Mass. General Laws by amending Chapter 153 of the Code of the Town of Groton to align with the state law.
HDC Chairman Dan Barton told Selectmen that sometimes the HDC found ambiguities, especially in areas such as the seasonal skating rink like the one at Legion Hall. Barton stressed that this is a "temporary structure in an historic district and we never had to deal with this before." With this article, he said HDC and the town will have a process to deal with issues like temporary structures and issues like the set up and removal of lighting for such structures that will be clearly documented for everyone.
The article will also define protection of the viewsheds within the historic districts that can be seen from roads and public ways. Barton said, "We need to look at how to define a public way. Clearly it is defined as what the public can view from the street, but we need to codify a public way." He cited Concord regulations that define the public view from the river, which is considered a public way.
Attorney Bob Collins, who worked with the HDC, said, "There is language is Chapter 40C and in case law that this applies not just to streets but where the public has access. All the authority (for the HDC) is already there, but this is just to codify it, so that anyone who has a house in these areas clearly understands."
Selectman Stuart Schulman asked what would change for residents on Main Street and Collins replied, "Nothing."
Barton said another area that would be clearer in this article is when HDC has to look at property where the historic district line goes through the middle of the parcel. "If you see it from a public way, we review it and it is possible that we may end up regulating it with screening."
Barton pointed out that there are other areas that need to be documented such as appropriate highway signs, and use of solar panels, transformers, and satellite dishes. "We can help applicants sort things out. Thoughtful, but forward thinking on applications will get us into the future," he said.
The HDC Chairman also wants to ensure that bylaws are clear, that the "HDC can hold a restriction on properties when asked to do so" and cited the Woodle property on Lost Lake. Collins added, "The HDC can hold restrictions on historic properties outside of the district."
Three Selectmen, Anna Eliot, Stuart Schulman and Jack Petropoulos supported the article, while Selectman Chairman Peter Cunningham deferred until after the HDC public hearing scheduled for next week. Selectman Josh Degen was absent due to illness.
The Board supported two other Town Meeting Warrant articles regarding corrections to two different road layouts. The first one asks voters to accept the layout of Cow Pond Brook Road to eliminate a strip of land owned by the town that runs in front of some of the houses and incorporate that strip into part of the public right of way.
According to Attorney Bob Collins, the original survey was done for a private landowner before it became town-owned land and now it is necessary to 'clean up' the records.
Straightening An Old Plan
The second article seeks approval to straighten out an 85-year-old plan at Lost Lake regarding 61 Ridgeway Ave. "that is not quite accurate" according to Attorney Collins. Apparently, based on a recent survey of the property, owned by Thomas Doyle, it was determined that the old plan shows the roadway going right through the middle of his home.
This article would ask for a trade with Doyle giving up property he owns across the road from his home to the town in exchange for the town giving him the land under his house. This would officially locate the road where it currently exists.
