[MassHistPres] [External] Re: Public way

[Burks, Sarah]

Provision for the public visibility is broad in the definition of “exterior architectural feature.”

From Section 5 of MGL Ch. 40C,
“ the words "exterior architectural feature'' means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; ”

I would agree that the public parking lot would be considered a public way since the public can access and use it, but even if not, it’s likely that you could view through the parking lot from the street or sidewalk.



Sarah L. Burks
Cambridge Historical Commission
831 Massachusetts Ave., 2nd Fl.
Cambridge, MA 02139
617-349-4687
sburks at cambridgema.gov
www.cambridgema.gov/historic<http://www.cambridgema.gov/historic>

From: MassHistPres <masshistpres-bounces at cs.umb.edu> On Behalf Of Gretchen Schuler via MassHistPres
Sent: Monday, November 17, 2025 10:50 AM
To: Barbara Saint Andre <bsaintandre at medwayma.gov>
Cc: MHC Preservation listserv <masshistpres at cs.umb.edu>
Subject: Re: [MassHistPres] [External] Re: Public way

My apologies - I am the one who said parking lots for town property are public ways - Always counted them as well as public parks, train and MBTA tracks in a town in which I worked as per lawyers on Commission.....In fact most definitions of public ways include parks and parking lots - perhaps there is a definition in MGL that does not?
Gretchen Schuler
Wayland, MA

On Mon, Nov 17, 2025 at 9:22 AM Barbara Saint Andre <bsaintandre at medwayma.gov<mailto:bsaintandre at medwayma.gov>> wrote:
Note: As of July 1st, 2025, all Town of Medway emails have changed to @medwayma.gov<https://urldefense.com/v3/__http:/medwayma.gov__;!!GolgDdAAPFHvrrz0!dQoG_c6CQfpShJ5Awb39Sb0QqzxRFMxu3VmQvj69KdlLExGoC3-_eOnOJ_RH7r0B7S1GMThWJd2aEq5g1IrjJ8E5bAm7wIg$>. Please edit your contacts to reflect this change.
I would caution that parking lots are not generally public ways.  A public way is a street that has been laid out and accepted as a public way by the Select Board and Town Meeting, or has become a public way by other legal means.  Check with your town clerk or planning board for a list of public ways in your town.

Barbara J. Saint Andre
Director, Community and Economic Development
Town of Medway
155 Village Street
Medway, MA 02053
(508) 321-4918

From: MassHistPres <masshistpres-bounces at cs.umb.edu<mailto:masshistpres-bounces at cs.umb.edu>> On Behalf Of Gretchen Schuler via MassHistPres
Sent: Friday, November 14, 2025 9:28 PM
To: Nancy Dole <nlouisedole at gmail.com<mailto:nlouisedole at gmail.com>>
Cc: MHC Preservation listserv <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>>
Subject: [External] Re: [MassHistPres] Public way

YES, absolutely!  It is a public way.
Gretchen Schuler
Wayland Historic District Commission

On Wed, Nov 12, 2025 at 9:10 AM Nancy Dole via MassHistPres <masshistpres at cs.umb.edu<mailto:masshistpres at cs.umb.edu>> wrote:
Would a structure visible from a town owned parking lot be considered visible from a public way?
Nancy Dole
West Tisbury HDC
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