LETTER: 'Historical Commission Bylaw Proposal Threatens Homeowners And Property Values'

Dear Editor:

The Winchester Historic Commission’s latest attempt to revise the Chapter 14 Demolition Delay bylaw poses a significant threat to Winchester homeowners and their property values. The single most important change is the addition of “any building or portion thereof… constructed before or during 1940” as a criterion for mandating Historic Commission review of a homeowner’s application for a demolition permit. According to the Assessor’s records, fully 54% of Winchester’s homes will now require Historic Commission dispensation for demolition of a home or “outbuilding” on the property.

This is NOT a zoning ordinance and has no bearing on whether lots can be subdivided or size of house permitted. Those issues are governed by the zoning laws that were changed last spring. The primary objective of the Commission proposal is to cast the broadest possible net over Winchester homeowners to prevent them from demolishing structures without the Commission’s approval.

If this passes, owners of “eligible” homes applying for demolition permits may be subjected to public hearings where neighbors and abutters can comment on whether they feel a home is “preferably preserved” and Commission-mandated 12 month demolition delays.

Risks to owners of pre-1941 homes are substantial. They will have to reveal to prospective buyers that their property is subject to Historical Commission review. Buyers may be deterred by the inherent risks of buying property they may not be able to modify. Many in-town realtors are concerned that property values will be negatively impacted.

Finally, the proposed bylaw amendment will authorize the Commission, an appointed (not elected) committee with no fiduciary accountability, to set homeowner fees at any time and amount they deem “reasonable”. This is the definition of bureaucratic overreach. Fees of $150 - $300 per application were routinely cited during Commission meetings this summer.

No one believes that 1 of every 2 homes Winchester is “historically significant”. It makes no sense then to force their owners to jump through these time-consuming and potentially costly hoops. What makes sense is to first identify the small number of houses that may actually have historic value (based on actual research), then explore ways to preserve them.

Call and email your Town Meeting members asap and tell them you oppose the proposal to amend the Chapter 14 bylaw. To learn how you can stop it, visit www.winchesterhomeownersrights.com.

Kathryn Hughes

Winchester, MA

Editor's Note: The information above was submitted by a Winchester resident, and the views expressed above are those of the author's.