[MassHistPres] non-transferable LHD permits?
Ralph Slate
slater at alum.rpi.edu
Tue Dec 4 23:34:00 EST 2007
I can think of one right off the top of my head.
Certificates of hardship are granted based on both a condition of the
property AND the hardship that failure to approve a petition would cause
on a homeowner.
Let's say that a hardship approval is granted under hardship to a
"little old lady", based on the fact that she is unable to perform
appropriate work due to her limited income. If she sells her property
without performing the work, why should someone with different financial
conditions be allowed to perform inappropriate work?
Ralph Slate
Springfield, MA
Dennis De Witt wrote:
> Some towns in their LHD rules and regulations have a stipulation that
> a Certificate is granted to an owner and not to building and that it
> is non-transferable. My notes suggest that towns that seem to have
> such a provision include Andover, Acton, & Westport.
>
> Our Town Counsel wonders if such a limitation is allowable. Are
> there other towns with similar provisions? Does anyone know how they
> came about? Does anyone have an example of an actual benefit derived
> from enforcing such a rule.
>
> Dennis De Witt
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