Stone wall protection and preservation
(a) Purpose and definition. The purpose of this section is to encourage and support the protection and preservation of historic stone walls located in the Town of Foster; to establish general provisions for the alteration of such stone walls within the land development and subdivision, variance and special use, and permit application review processes; and to suggest guidelines for the rebuilding of stone walls or building of new stone walls.
Historic stone walls, defined as a structure of stones gathered and constructed by earlier generations into a purposeful formation and often intended to designate property boundaries or to identify and separate agricultural activities on a farm, were typically constructed before 1950.
Historic stone walls are valued as important parts of Foster's landscape and heritage; as artifacts of the unique agricultural past of the region and the harsh demands of farming in New England; as visual reminders of farms, cattle and wagon lanes, settlement patterns, and land use; and as functioning elements of the landscape and woodland habitat.
Ensuring a balance between preservation of the rural heritage and character of the Town of Foster, as represented by historic stone walls, and respect for private property rights is of utmost importance. It is in the public interest to both minimize any restriction of the rights of property owners while protecting and preserving historic stone walls and encouraging the rebuilding of stone walls or building of new stone walls.
(b) General provisions—Historic stone walls.
(1) The proposed alteration, relocation, excavation, dismantling, or demolition of a historic stone wall (or part thereof) shall be identified on any site plan submission that is required by:
a. Application to the planning board as part of the minor or major land development and minor or major subdivision review process.
b. Application to the zoning board of review or planning board as part of the variance or special use permit process.
c. Application to the building official as part of the building permit process.
d. Application to public works as part of the driveway permit process.
e. Application to the planning board as part of the development plan review process.
(2) Site plan submission shall include specific information as to the nature of the construction, excavation, or demolition project; the location and general condition of the existing historic stone wall(s) on the property, relative to the project; and the anticipated impact of the project on the historic stone wall(s).
(3) The reviewing entity and applicant shall seek to find an alternate location of the use or project proposed to alter, relocate, excavate, dismantle, or demolish the historic stone wall. If no beneficial alternative is found to be possible, a plan to minimize the disturbance and/or mitigate the impact shall be substituted, such as:
a. Abbreviating the cut-throughs as much as possible.
b. Rebuilding, repairing, replacing, or relocating disturbed portions of the wall(s) in a manner that reasonably approximates the material and methods of the originals, using as many of the original stones as possible.
c. Restoration of the ends of any such walls.
(4) Any public works project initiated by the Town of Foster that is likely to affect abutting historic stone wall(s) not subject to a formal review process as required in subsection (b)(1) of this section shall give prior notice to the property owner.
(c) Suggested guidelines—Other stone walls.
(1) Rebuild stone walls and/or build new stone walls similar to those constructed by earlier generations, using native field stone and methods that approximate historic stone walls.
(2) Rebuild, rather than dismantle, historic stone walls not subject to a formal review process as required in subsection (b)(1) of this section that are in disrepair with construction materials and methods that approximate the originals or leave them as-is.
(3) Develop plans to minimize the impact on any stone walls during the planning phase of any construction, excavation, or demolition project not subject to a formal review process as required in subsection (b)(1) of this section.
(d) Theft of historic stone walls.
(1) Definition. Pursuant to G.L. § 45-2-39.1, an historic stone wall shall be defined as "a vertical structure of aligned natural stone, originally constructed in the 17th, 18th, 19th or 20th centuries, to designate a property boundary between farmsteads or to segregate agricultural activities with a single farmstead or to designate property lines." This definition shall include new stone walls which closely approximate the appearance of adjoining stone walls with respect to coursing, stone type, joint width, construction and distribution of stones by size.
(2) Penalties for theft. Anyone convicted of the theft of an historic stone wall, pursuant to G.L. § 11-41-1, or portions of an historic stone wall, or convicted of attempt to commit that larceny, shall be civilly liable to the property owner for the cost of replacing the stones and any other compensable damages related to that larceny.
a. Any person convicted of the theft of an historic stone wall, or portions of a wall, shall be subject to the penalties for larceny as provided in [G.L.] § 11-41-5.
b. Any person who makes any plea to a charge under G.L. § 11-41-32, or any person found guilty or convicted under G.L. § 11-41-32, may be ordered to make restitution as a part of his or her sentence and/or disposition. That restitution shall include, but not be limited to, the value of the historic stone wall or portions of it, the reasonable value of any labor and other materials necessary to repair and/or return the wall to the condition it was in prior to the theft, and any other reasonable expenses that, in the discretion of the sentencing judge, are necessary to do justice in disposing of the case. This section is in addition to any other sanctions a sentencing judge may impose in his or her discretion.
(Ord. of 3-10-2016, art. VI, § 24; Ord. of 2-8-2024(4))