Milton should not dictate house colors

The following letter was sent to Milton Mayor Ted Kanakos, members of the Milton Town Council, and members of the Milton Historic Preservation Commission, with a copy submitted to the Cape Gazette for publication.

I am writing regarding the town council’s recent decision to look into the feasibility and efficacy of paint color restrictions in the Milton Historic District. 

As some of you may know through my work on the Milton Planning Commission, prior to moving to Milton on a full-time basis, I had the good fortune to work for the National Trust for Historic Preservation as director of development for historic sites. In that capacity I oversaw the fundraising for 29 historic sites across the country, sites representing a wide range of architectural styles and periods, celebrating various historic events and honoring the achievements of notable Americans.  My role allowed me to work closely with the trust’s staff of preservation architects, archaeologists, curators and educators.  I also worked, albeit less closely, with the advocacy and regional office staffs responsible for helping local communities put good preservation practices to work at the local level. When I learned of the town council’s vote, I thought that the training and experience of my colleagues at the trust might provide helpful information, and I reached out to my network of National Trust colleagues.  Unsurprisingly, these highly dedicated preservation experts were more than generous with their expertise and experience.  I heard from several colleagues from across the country who all said the same thing: Because paint is considered an “impermanent alteration,” restrictions on paint colors are generally not included in the guidelines of even the most stringently regulated historic districts.  My colleagues reported several reasons for this:

The issue of  “historic accuracy” of exterior house colors is much more complicated than it initially appears.  Throughout history, as different architectural styles emerged, they each made use of very specific and very different color palettes. Victorian buildings utilized colors vastly different from those used during the Colonial period. Italianate buildings had their own unique colors, as did bungalows, Greek Revival buildings and Georgian structures.  One historic district-wide palette, therefore, would never be appropriate if the district contains a mix of architectural styles, as Milton’s historic district does.  In order to be truly historic, color guidelines issued for Milton’s historic district would need to provide specific guidelines for each of the various architectural styles within the historic district.

Regulating such style- and era-specific color restrictions would mean that the town would need to employ staff who have sufficient training to properly explain and defend the color regulations to property owners. The amount of staff time allocated to the regulation of these complex regulations would be significant. 

The small number of towns that have attempted to regulate building colors have invariably found their reputations significantly damaged, and their staff feeling angry and besieged.  The towns are labeled as “antagonistic toward development” or “insular and unwelcoming” or “exclusive and classist.”  And enforcement staff are called names that are even worse.  It is best to provide property owners with information and guidance (such as a website provided by one colleague) and be seen as “collaborative” or  “a good source of helpful information.”  It’s best to save your battles for more substantive and permanent issues.

There is a small body of case law that has developed against the regulation of color.  Because of the legal precedents set by these cases, attempts to regulate color could expose the town to legal action if a property owner has the inclination and resources to pursue such a course of action.

While this feedback may not provide you with the green light you were hoping to receive from professional preservationists, I hope it might be helpful to you as you gather information about the issues related to color regulation in historic districts and as you form your own thoughts on the matter. If you would like to look into any of these issues more closely, I would be happy to put you in touch with National Trust for Historic Preservation staff or other preservation colleagues.

Barry Goodinson
Milton