724 . 730 Historic Fence - A Proposed Solution

724 / 730 Historic Fence – Maintaining Historical Standards A Proposed Solution By Robert Ferrand 1.8.2024

This Historic fence is located on a National Trust for Historic Preservation Category 3 Parcel.

Thus, the proposed new 724 / 730 Historic Fence must Maintain Historical Standards or it will have a devastating effect of the value of both Properties.

Maintaining Historical Standards means using the same design and materials that were used on the “original” fence, when the fence was built between 1903 and 1906.

Since the fence has been there for at least the 50 years that Joette has owned the property and probably over 120 years, there is an automatic “Proscriptive Easement”. A Proscriptive Easement means the fence has been in the same location for more than 10 years. Obviously, this fence complies.

If there is to be a change of the fence location, Proscriptive Easement requires both parties to agree to the new fence design and construction. Mr. Stevens has claim to provide such a plan, but to date has not. The crisis occurs because the neighbor has put Joette Farrand on notice he will destroy the fence on Jan 12, 2024.

Now, with respect to the fence itself, using contemporary readily available pressure treated 3 ½” x 3 ½” Douglas Fir Posts from Home Depot is not appropriate in this Historic context. A 3 ½” x 3 ½” Post Home Depot fence is not equal to an Historic 4” x 4” old growth Redwood Fence. A cheap Home Depot fence would reduce the value of both properties, incurring significant liabilities. true.

But, you may say, 4” x 4” old growth Redwood Posts are no longer available. This is not exactly

By an amazing coincidence, a few weeks ago, Joette Farrand and Robert Ferrand attended the memorial for Lud McCrary, owner of Big Creek Lumber company, the largest redwood mill in California.

Obviously, we know the family. So, Robert can arrange for the 4” x 4” old growth Redwood Posts to be milled. It won’t be cheap, but it is available, from family friends.

This permits the opportunity to maintain Historical Standards by completely replacing the original Redwood fence with new material, just moved over few inches. Alternatively, some of the old “original” fence could be used by using scarf joints to attach from the new 4” x 4” to be secured in the ground to the old original fence posts. However, such high-level carpentry requires post and beam carpenters, who are few and far between.

To make things a bit more complicated, there are electrical conduit, water pipes and drainage pipes in the area of the proposed relocation of the new fence. No one really has any idea where anything is. Joette has extensive photos that reveal relocation the fence posts is going to require someone to figure out what is where and are there other issues that are not yet apparent.

Because there is wood joinery, electrical, water pipes and drainage issues this requires a Licensed Architect or Engineer to draw up the “Plan”. Once the Plan is created: costs can be determined. The “Plan” will also permit the Palo Alto Planning Dept to determine that this “Plan” conforms to Palo Alto Fence Code.

Now, all this has a significant effect on the value of 724 Bryant Street which Joette is trying to sell. There is also the value of time. How can you really determine that “Value”, accurately?

Simple: ask the experts.

Joette has to disclose this sordid fence story to any prospective buyer. As soon as the house is on the market, 100 or more people will tour the house and have to hear the story. Joette does not have a choice, it is the law.

So, Robert Ferrand, a documentary filmmaker for 50 years, is already in production on a film titled “Joette Farrand: A Preservationists Story”. So, Robert will just set up a camera with the Historic Fence as a back drop and ask anyone who is willing come on camera the simple question: “What in your expert opinion is the effect that Mr. Stevens actions have had on the value of 724 Bryant Street.”

As part of the disclosure, Mr. Stevens will be provided all this footage. The amount of damage, determined by the consensus of expert real estate agents and buyers, that have come on camera, will be requested from Mr. Stevens.

Alternatively, this same video footage can be shown to a jury. Joette’s “Pain and Suffering” added to the demand and let the jury see both films and let them decide the amount of damages.

So, it is time to find a skilled Licensed Architect or Engineer to come up with a “Plan”.

In Mr. Steven’s Attorney Hanna’s “30-notice that they will destroy the fence on Jan 12, 2024” it specifically states, “Mr. Stevens will give you an opportunity to approve the design of the fence”. Mr. Stevens should be held to that promise. Since Mr. Stevens wants to move the fence, he must bear all the costs to generate the Plan, obviously.

Once a “Plan” is approved by the Palo Alto Planning Department, Joette will finally have sufficient information to make an “informed decision”, to even be able to agree to the Plan. Both Mr. Stevens and Joette are required to agree on the Plan, with a Historic fence with a “Proscriptive Easement”.

Now, securing such a Plan that will “Maintain Historical Standards” will take time. To wait more than 20 years to address this fence issue and then demand Joette wait to put the house on the market because Mr. Stevens has not generated a Professional Plan, in all these 20 plus years, is unreasonable.

Therefore, the prudent path would be to restore the fence to it condition before the destruction inflicted by Mr. Steven’s gardener and allow Joette to sell the house with full disclose of this fence issue and the documentary video footage.

Then, in time, once Mr. Stevens has generated a Professional Plan, that will Maintain Historical Standards, and that Plan is approved by the Palo Alto Planning Dept, Mr. Stevens can present that “Plan” to the new owner of 724 Bryant Street, who, themselves, by then, will then have sufficient information to make an informed decision.

This is A simple solution: that will permit everyone to save face. Everyone Wins.

Robert Ferrand Producer, Writer, Director www.thelastliberty.com producer@thelastliberty.com 650-576-3334 Link to Ferrand 50-year biography Link to “Why is this fence historic.”