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The Historic Districts Commission has a clear mission to “preserve and protect buildings, places and other areas of historic or architectural significance.” As clear as that mission is, some applications are more complicated than others.
That was the case in their January 9 meeting, as they deliberated on a proposed fence at the Presbyterian Church in Sudbury’s Historic Town Center. The church is endeavoring to start a preschool/childcare program to help meet the needs of the community. A shortage of childcare options has been discussed by many Town committees over the last year.
In order to stand up such a program, the church would need to comply with regulations from the Massachusetts Department of Early Education and Care (EEC). Specifically, they need a fenced in outdoor space for children. That fence cannot be climbable and must be at least 48 inches high according to the applicant.
The Historic Districts commission raised concerns about a fence disrupting sight lines into the adjacent, and historic, Revolutionary War Cemetery. The Presbyterian Church is boxed in by the cemetery, Grange Hall and Concord Road, and the only outdoor space available to them runs parallel to the road.

Commissioners were candid about how difficult they felt this case was to process. On one hand, they had an obligation to preserve the appearance and aesthetic of Sudbury’s iconic Town Center. On the other hand, they wanted to be responsive to and collaborative with the church. Commissioners repeatedly noted their appreciation of the value of the services the church was seeking to provide, but also reiterated that the proposed use is outside of their purview.
Commissioners spent over an hour discussing fence locations, fences styles and designs, and EEC requirements with the applicant. They voiced a preference for a wrought iron fence that would match the styles found in the Revolutionary War Cemetery, though some members voiced support for a fancier wooden fence as well. Others, including member Chris Haggar and Chair Anu Shah, were far more skeptical that this was an appropriate location for a modern fence in the first place, let alone for a preschool playground given the proximity to a busy road.
Member Jordan Wachs pointed out that the Peter Noyes Elementary school playground and parking lot was visible behind the cemetery from Concord Road. Along with member Griff Noble, who visited the site with Wachs, they argued that the sight lines into the cemetery were not as much of a concern for them after seeing the site in-person.

Early in the discussion Member Haggar read an impassioned statement into the record (20:15) – emphasizing the sacrifice of the soldiers buried in the cemetery:
“I’m opposed to this application because I think it is entirely historically inappropriate to install such as fence as proposed and located in proximity to the Revolutionary War Cemetery, and within the heart of Sudbury Center Historic District. I believe the Revolutionary War Cemetery and it’s immediate environs is hallowed ground and should be historically respected. There are hundreds of burials of revolutionary war soldiers there. They fought and died for our freedoms…”
The applicant voiced a willingness to be flexible with the fence design and use of the space, but also emphasized that the church must comply with the EEC requirements for outdoor spaces. That includes a minimum number of square feet per student. As the commission drew various lines on a map that they felt would minimize the impact of a fence on the view of the cemetery, the total outdoor space got smaller. The applicant noted this could reduce how many students they could serve.
After much discussion, they opted to continue the case to a future meeting. The applicant was advised to investigate if wrought iron fencing was permissible under EEC regulations, and to perhaps take some pictures with a section of fence at various locations.