Local Historic District Commission Orders Removal of Fence Installed Without a Permit

Report on the Meeting of the Local Historic District Commission, May 5, 2025

This meeting was held over Zoom and was recorded.

Present
Nancy Ratner (Chair), Steve Bloom, Nicole Miller, Karin Winter, Betsy Sharpe, and Bruce Coldham. Absent: Greta Wilcox

Staff: Walker Powell (Planner)

The commissioners were again presented with a fait accompli: to determine whether a mid-20th century stockade fence already installed without commission approval is appropriate in a local historic district of mostly 19th-century Victorian houses. The owner, builder Sergio Kerr of Affordable Home Solutions LLC of Methuen, installed a privacy fence on the south and north lot lines of the property at 18 North Prospect Street. Kerr purchased the nonowner-occupied duplex in December, 2023. Local Historic District Commission (LHDC) Chair Nancy Ratner immediately stated that the fence was not in keeping with others in the neighborhood. The abutters to the north built a fence that did not extend the full length of the common boundary out of courtesy to their former neighbors who did not want or need the privacy in that location. The new owner thought otherwise and began erecting the fence on Memorial Day, 2024.

The abutter to the north, having just gone through all the bureaucratic hoops herself for permission to install a privacy fence, knew the process and informed the owner that he needed a permit. Kerr stated that he didn’t need a fence permit in the other towns where he worked. The abutter objected to the design being in a third style abutting her property and also that the owner was not abiding by the rules that everyone else must follow.

As seen in the photos presented at the meeting, the fence—called a “picket” by the commissioners—is noticeably different from the one installed at 24 North Prospect and is visible to the neighbor but not so much from the street. Architect Bruce Coldham stated that the design did not meet the commission’s standards, and is, therefore “inappropriate.” He noted that the southerly fence posts are of different heights and considerably higher than the top of the fence.

Noting that the abutter’s fence was of higher quality, LHDC member Steve Bloom asked the petitioners if they would be willing to replace the newer portion with something to match the neighbors. Bloom was exploring courses of action for dealing with a situation that is not uncommon for the commission: how to make homeowners in a historic district come to the commission for approval before starting any visible changes. Kerr responded that he didn’t need a permit in any of the other towns where he worked. The abutters stated that they don’t need privacy, so the cost for compliance is with the new owner. 

The commissioners appeared to fear setting a precedent for noncompliance with permitting. Bloom admitted that he has an older (pre-historic district) stockade fence visible from the street, and would prefer to not force the new owner to pay for a more expensive fence. Then again, the reason for Certificates of Appropriateness is to improve historic districts. The commission’s solution was that the southerly fence (abutting the old Drake) can remain but the high posts must be sawed off to make the top of the fence level. They denied a Certificate of Appropriateness for the north portion, but approved giving the owner three months to remove the fence or come back to them with a design for a new fence that is “respectful” of the abutter’s existing one.

In other business the sign design for the new Dickinson carriage house/visitors center was approved. It was also noted that residents in the proposed East Amherst Historic District have been notified by letter and the pro and con responses are about 50:50 according to staff. Many of the houses are not historic and so are not “contributing structures,” and many are rentals.  Bloom noted that he expected resistance but “this is the most historic section of town so worth the battle.”