[MassHistPres] non-transferable LHD permits?

[Dennis De Witt]

Ralph

I'm talking about all what is stated in published Rules and  
Regulations re Certificates of Applicability in relation to work that  
has not been accomplished prior to sale.

Here is Andover:
New owners must come before Commission with application to request re- 
issuance of Certificate of Applicability to continue with previously  
approved changes.

Here is Acton
If a property changes ownership during the time the Certificate of  
Appropriateness  is in force, a new owner who wishes to continue the  
authorized work must apply to the Commission for a transfer of the  
Certificate to his or her own name.

Here is Westport:
Certificates are not transferable to new owners. New owners must make  
a new application to the Commission for any uncompleted work.

We are trying to understand what potential problems these provisions  
are intended to address.  (Often you see language in Rules &  
Regulations that has been borrowed from town to town but these  
clauses are sufficiently different that they may have arisen  
separately.)

Also, our town counsel is inclined to believe that, once issued, a  
CofA must go with the property, like zoning permission.  Any counter- 
arguments to that?

Ralph, in financial hardship cases such as you describe we have on a  
couple of occasions allowed changes for the duration of the occupancy  
of the owner only and have recorded the decision so that it appears  
in the chain of title.  But that is a different issue.

Dennis De Witt

PS Chris do you have a list of all towns with published Rules &  
Regulations?




On Dec 4, 2007, at 11:34 PM, Ralph Slate wrote:

> 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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