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Bedford Bulletin

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Living in the past - Bedford Historic District homeowners concerned over rules

BY KEVIN SHALVEY

About 60 years ago, John Bostwick planted a tree with his father. Today, he has to spend $25 to apply for permission to remove the dying tree.

Bostwick moved into his house at 37 N. Amherst Road in 1939, when he was 2 years old. The house is now part of Bedford’s Historic District.

The Historic District has a unique shape. East to west, it encompasses the western side of Wallace Road to the intersection of Liberty Hill Road and Route 101. It includes sections of Meetinghouse Road on both sides of Route 101, Bell Hill Road, the section of North Amherst Road east of Wallace Road and most of Bedford Center Road. The Marconi Museum, town offices, the library and old town hall are also in the district.

Many residents enjoy living in the district, but some say there are too many tiresome regulations.

For Bostwick to take the tree down, he has to fill out an application, pay the fee and go before the historic commission for a ruling. “We feel the same way about the Historic District that everyone else feels about the wetlands, because we don’t want people telling us what we can and can’t do on a house that we’re paying a 30-year mortgage on,” said Kathleen Bouvier, of 50 N. Amherst Road.

2007 amendments
Bedford Historic District Commission members amended regulations on Jan. 2. The changes include a lesser restriction on what size trees can be cut down and removal of a 280-color house paint restriction.

“We all went up there and said, ‘This is ridiculous.

We don’t want you coming up there and telling us what color we can use on our houses,’” Bouvier said.

Some of the changes are housekeeping items that make sure the district complies with Bedford zoning ordinances, said historic commission Chairman Greg Zimmermann.

An increased fine for noncompliance is one such change.

Violation fines for zoning ordinances jumped from $100 per day to $275 per day, so district fines had to change as well, he said.

Zimmermann has been chairman of the commission for about four years, and has lived in the district -- at 86 Bedford Center Road -- for about six years.

“When I moved to the district, I wanted to be sure that I was involved with the Historic District Commission because I lived there,” Zimmermann said.

Some residents worry that other commission members are not district residents, and Zimmermann agrees. He said it might be hard for “outsiders” to know what it’s like to live with these regulations.

“It’s difficult to regulate your neighbors but, at the same time, it’s good to have a voice from within the district,” he said.

Concerns

Kathleen and Douglas Bouvier have lived in the district for about six years. Kathleen said they were not notified of the regulations until after they moved into their home.

“I remember thinking historic district meant ‘pretty district.’ I didn’t realize there would be regulations on my property,” she said.

She moved to be close to the library, but wouldn’t have moved into the district if she had known about the regulations.

Zimmermann said the commission has received complaints about notifications in the past, and the current procedure is to mail a letter to new owners when the deed is transferred. Elaine Tefft, of 7 Meetinghouse Road, said many regulations are onerous.

“Quite frankly, I think it’s intrusive,” she said. One regulation -- which states residents apply for gutters on their houses -- is unnecessary, Tefft said.

“If gutters are an architectural detail, then a broom is home furnishing,” Tefft said.

Another concern is there are non-historic homes and businesses within the district.

“Bedford was not the idyllic little community. It was spread out. It was a farm community with farms all over the place,” Bostwick said.

The district includes Harvest Market, Walgreen’s and the Mobil gas station on Route 101. These businesses are regulated differently, as are newer homes, Zimmermann said.

“Basically, what we’re trying to do with that is make sure they don’t stick out like a sore thumb,” he said.

Amherst Historic District Commission Chairman Helen Rowe said Amherst regulates its district in a similar way.

“The great majority of the buildings were built in the 1800s to early 1900s, when the village was really thriving,” Rowe said.

But, some were built recently and one home is now under construction. Builders are also reproducing the character of the original buildings, she said.

“Everyone tends to think that it has to be 200 years old to be part of history, but even an addition put on in the 1970s has become a part of the history and needs to be preserved,” Rowe said.

History

At Town Meeting on March 10, 1970, residents voted to approve the Historic District. They then approved the Historic District ordinances on April 1, 1974, but abandoned those for the Historic District Commission regulations in 1983.

In February 1985, about 11 years after the creation of the district, John Bostwick’s mother, Dora, received a letter of notification.

The letter states, “This is to advise you that according to the Historic District established in 1974, your property is located in the Bedford Historical District.

Therefore, any physical changes you make on or about your property are subject to the Historic District Regulation.”

Bostwick said, “She was a little bit put out by it because what it does is it puts a control over what one can do with what one owns.”

Bostwick now owns the house and, with his wife, Ellen, is attending all commission meetings. They, along with a group of residents, have been to each meeting for about 18 months, Ellen Bostwick said.

Zimmermann said he encourages these residents’ input.

Where regulations start Since regulations became official Aug. 2, 1983, commission members have amended them 10 times.

For changes, the commission looks at surrounding towns, said board member Beverly Thomas.

Zimmermann said the commission looks locally at Hollis and Amherst.

“And at the same time, I get calls from other historic districts to see how we handle certain things,” Zimmermann said.

For Amherst, the Historic District Commission is run much the same way, said Rowe. The town created the district in 1991 with more than 100 buildings, most of which are residential. Amherst’s application fee is higher, at about $35, she said. And applicants must go through a similar hearing procedure to make changes to their homes.

A burden
Ellen Bostwick said district residents face a burden that other Bedford residents don’t have.

“The explanation is that the people of the town want the ambiance, but what it comes down to is that we’re paying for the ambiance,” she said.

An e-mail from someone living in the historic district to the Bostwicks seems to sum up some district residents’ views. The author wishes to remain anonymous, John Bostwick said.

“Focus on the fact that the people in this area of town care about their homes and investments as much as people in other parts of town and, therefore, not only should not be subjected to these ridiculous rules, but don’t need them,” the e-mail read. “If the HD is a benefit to the town, the town should pay for it.”

Published Thursday, January 25, 2007 9:54 AM by Bedford Editor

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